Chapter 16.22
MERGER
Sections:
16.22.040 Request for determination of merger.
16.22.010 Prohibitions.
A. No real property, improved or unimproved, consisting of a single unit or two or more contiguous units and owned by the same person or persons shall be divided into two or more lots, whether or not one or more of such lots is retained by the owner, except in accordance with this title.
B. No parcel may be subdivided if it was illegally created unless, as part of the division, the illegality is eliminated. If such elimination is not possible, a notice of violation with respect to the parcel shall be recorded. When the owner of any portion of an illegally created lot is the person who owned the property at the time of the illegal subdivision, a lawful subdivision of the property shall not be permitted unless the entire legal parcel is included in the application for such subdivision. (Ord. 143 § 2, 1984)
16.22.020 Merger by City.
A. This chapter shall not apply to the sale, lease or financing of one or more contiguous parcels or units of land which have been created under the provisions of City ordinances regulating the division of real property and the Subdivision Map Act applicable at the time of their creation, or which were not subject to such provisions at the time of their creation, even though such contiguous parcels or units are held by the same owner; except that if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under the zoning ordinance of the City and the standards established by subsection B of this section, then those parcels or units shall be merged.
B. Contiguous parcels or units of land held by the same owner, on the date that notice of intention to determine status is filed, shall be merged if one of the parcels or units does not conform to the minimum parcel size to permit use or development and if all of the following requirements are satisfied:
1. 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.
2. With respect to any affected parcel, one or more of the following conditions exists:
a. Comprises less than 5,000 square feet in area at the time of the determination of merger;
b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
c. Does not meet current standards for sewage disposal and domestic water supply;
d. Does not meet slope stability standards;
e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
f. Its development would create health or safety hazards;
g. Is consistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.
3. Subsection (B)(2) of this section shall not apply if the conditions stated in Section 66451.11(b)(A) through (E) of the Subdivision Map Act exist.
C. Whenever the Director of Public Services has knowledge that real property has merged pursuant to this chapter he shall record and shall mail by certified mail to the current record owner of the property a notice of intention to determine status.
The notice of intention shall state:
1. That the affected parcels may be merged pursuant to this chapter;
2. That the owner may request, within 30 days from the date the notice of intention was recorded, a hearing before the Director of Public Services to present evidence that the property does not meet the standards for merger; and
3. That the notice of intention was recorded with the County Recorder on the date the notice of intention was mailed. Upon receipt of a request for a hearing, the Director of Public Services shall set the hearing for a date not less than 30 days nor more than 60 days from the date of receipt of the request. The property owner shall be notified of the hearing by certified mail. After the hearing the Director of Public Services shall determine whether the affected property has merged pursuant to this chapter. The decision shall be made and notification of the decision shall be mailed to the property owner within five working days of the date of the hearing. If the parcels have merged, the Director of Public Services shall file a notice of merger with the County Recorder within 30 days from the date of the hearing unless the decision has been appealed as provided in subsection E of this section. The notice of merger shall specify the name or names of the record owner or owners and shall particularly describe the real property. If it is determined that the parcels have not merged, the Director of Public Services shall record a release of the notice of intention within 30 days from the date of the decision, and shall mail a copy of the release to the owner. If no hearing is requested the decision shall be made not later than 90 days after the mailing of the notice of the opportunity for a hearing.
D. If the owner requested and presented evidence at a hearing, the decision of the Director of Public Services may be appealed to the City Council in accordance with Chapter 2.20 PMC. If after a hearing the Council grants the appeal, the City Clerk shall record within 30 days with the County Recorder a release of the notice of intention. If the appeal is denied, the City Clerk shall within 30 days record a notice of merger with the County Recorder. A copy of either the release or the notice of merger shall be sent to the owners.
E. Prior to January 1, 1986, the Director of Public Services shall record with the County Recorder a notice of merger for any parcel merged under the provisions of any law prior to January 1, 1984. At least 30 days before filing the notice of merger the Director of Public Services shall mail written notice to the property owner of the intention to record the notice and specify a time, date, and place at which the owner may present evidence to the Director of Public Services why the notice should not be recorded. If, after the hearing, the Director of Public Services determines that the parcels have merged, a notice of merger shall be filed. The decision of the Director of Public Services may be appealed according to the procedures established in subsection D of this section.
Failure of the Director of Public Services to record a notice of merger pursuant to subsection E of this section shall not preclude the City from determining that such property was created illegally or has merged pursuant to the provisions of any law effective on or after January 1, 1984. (Ord. 334 § 21, 1990; Ord. 143 § 2, 1984)
16.22.030 Unmerger.
Any parcel or unit of land which merged pursuant to the provision of any law prior to January 1, 1984, but for which a notice of merger was not recorded on or before that date is deemed unmerged if on January 1, 1984, all of the criteria established by Section 66451.30(a) of the Subdivision Map Act is met and if none of the conditions of Section 66451.30(b) exist. Upon request of an owner the Director of Public Services may file a certificate of compliance whenever the Director of Public Services determines that a parcel is unmerged pursuant to this chapter. (Ord. 143 § 2, 1984)
16.22.040 Request for determination of merger.
A. A property owner may request that the Director of Public Services determine whether the property has merged or is deemed unmerged. A request for determination shall be made in writing and shall be accompanied by a deposit established by City Council resolution to be applied against actual costs incurred by the Director of Public Services in the processing of the request. The unpaid balance of costs shall be paid prior to recordation of a notice of merger of certificate of compliance.
B. Upon determination that property has merged, the Director of Public Services shall issue to the owner and record with the County Recorder a notice of merger.
C. Upon determination that property is deemed unmerged, the Director of Public Services shall issue to the owner and record with the County Recorder a certificate showing each parcel as a separate parcel. (Ord. 143 § 2, 1984)
16.22.050 Merger by owner.
A. Upon application by the owner thereof, in a form approved by the Director of Public Services, any contiguous parcels under the same ownership, whether or not such parcels conform to all legal requirements and standards, may be merged without filing a map for reversion to acreage. The form and content of such application and the information, data, fees, and other details required for the processing of same, shall be as set by the Director of Public Services.
B. The Director of Public Services shall have the authority to approve such mergers, and no final map shall be required provided the merger does not involve:
1. Streets or other easements to be vacated;
2. Previously posted agreements or securities for improvements;
3. Previously paid fees or deposits made pursuant to the division of the properties to be merged.
C. Upon approval of such a merger, the Director of Public Services shall cause to be prepared an appropriate instrument describing the parcels to be merged, which shall be executed by the owner involved and the Director of Public Services and which shall thereafter be recorded with the County Recorder in accordance with California Government Code Section 66499.20 3/4. (Ord. 143 § 2, 1984)