Chapter 16.77
MERGER OF SUBSTANDARD LOTS
Sections:
16.77.020 Merger not required.
16.77.030 Conditions for merger.
16.77.010 Generally.
Subdivided lots shall be merged pursuant to the provisions of this chapter, unless otherwise provided for in this chapter. (Ord. 465 § 1 (part), 1991: Ord. 268 (part), 1976).
16.77.020 Merger not required.
Two or more contiguous parcels or units of land which have been subdivided under the provisions of this title or the Subdivision Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. (Ord. 465 § 1 (part), 1991: Ord. 268 (part), 1976).
16.77.030 Conditions for merger.
A parcel or unit of real property may merge with a contiguous parcel or unit of real property, held by the same owner, if any one of the contiguous parcels or units does not conform to standards for minimum parcel size, zoning designation found in the city zoning ordinance applicable to the affected parcels and/or units of real property, and if the following requirements are satisfied:
A. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
B. With respect to any affected parcel, one or more of the following conditions exists:
1. Comprises less than five thousand square feet in area at the time of the determination of merger;
2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
3. Does not meet current standards for sewage disposal and domestic water supply;
4. Does not meet slope stability standards;
5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
6. Its development would create health or safety hazards;
7. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards. (Ord. 465 § 1 (part), 1991: Ord. 268 (part), 1976).
16.77.040 Procedure.
If the planning director or an authorized representative has knowledge of a condition described in Section 16.77.030, he/she shall cause a notice of intention to determine status, notifying the owner that the affected parcels may be merged, pursuant to standards specified in that section. This notice of intention shall be mailed, by certified mail, to the current record owner of the properties proposed to be merged at least thirty days prior to the recordation of a “notice of merger.” The procedure for hearing and determination relative to merger shall be in accordance with applicable provisions of the State of California Subdivision Map Act. (Ord. 465 § 1 (part), 1991: Ord. 268 (part), 1976).