Chapter 23.34
PARCEL MERGERS ON SUBSTANDARD LOTS
Sections:
23.34.050 Notice of intention to determine status.
23.34.060 Hearing on determination of status.
23.34.070 Determination of merger.
23.34.090 Determination when no hearing is requested.
23.34.100 Request to merge by property owner.
23.34.010 MERGERS REQUIRED.
Two contiguous parcels or lots of land held by the same owner shall be merged if one of the parcels or units does not conform to the minimum parcel or lot size required by Title 24 (Zoning) of this code; and if all of 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 the affected parcels, one or more of the following conditions exists:
(1) Parcels front on the same street;
(2) One of the parcels is a corner lot;
(3) One or more parcels lack street frontage.
(c) 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 general plan and any applicable specific plan, other than minimum lot size or density standards.
(d) Subsection (c) shall not apply if any of the conditions stated in Section 66451.1(b) (A), (B), (C) or (D) of the Subdivision Map Act exists.
(Ord. 87-08 § 1, 1987).
23.34.020 TWO-LOT LIMITATION.
No more than two parcels shall merge under this chapter. Where three or more parcels qualify for merger, the two parcels selected for merger shall be determined by the zoning administrator.
(Ord. 87-08 § 1, 1987).
23.34.030 EXCEPTIONS.
(a) Where a nonconforming parcel is contiguous to a conforming parcel and under the same ownership, the two parcels shall merge unless all of the following conditions exist:
(1) The nonconforming parcel is twenty-five feet wide or more.
(2) The nonconforming parcel is at least twenty-five hundred square feet in area.
(3) The nonconforming parcel has frontage on a city street or alley.
(4) The nonconforming parcel does not have a parking garage/carport serving the conforming parcel.
(Ord. 87-08 § 1, 1987).
23.34.040 OWNERSHIP.
For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded pursuant to this section.
(Ord. 87-08 § 1, 1987).
23.34.050 NOTICE OF INTENTION TO DETERMINE STATUS.
Prior to recording a notice of merger, the city planning department shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged and that, within thirty days from the date the notice of intention was recorded, the owner may request a hearing before the zoning administrator to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder on the same day that the notice is mailed to the property owner. Upon recording of the notice of intention to determine status, no transfer of affected lots or parcels may be made unless a release of the notice of intention to determine status is issued pursuant to this chapter.
(Ord. 87-08 § 1, 1987).
23.34.060 HEARING ON DETERMINATION OF STATUS.
The owner of the affected property may file a written request for a hearing with the city planning department within thirty days after recording of the notice of intention to determine status. Upon receipt of the request, the department shall set a time, date and place for a hearing before the zoning administrator and notify the owner by certified mail. The hearing shall be conducted within sixty days following the receipt of the owner’s request, or may be postponed or continued by mutual consent of the zoning administrator and the property owner.
At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter.
At the conclusion of the hearing, the zoning administrator shall determine whether the affected parcels are to be merged and shall notify the owner of the determination. The notice of determination shall be mailed to the property owner within five days of the date of the hearing.
(Ord. 87-08 § 1, 1987).
23.34.070 DETERMINATION OF MERGER.
If the zoning administrator makes a determination that the parcels are to be merged, a notice of merger shall be filed for record with the county recorder within thirty days of the conclusion of the hearing, unless the decision has been appealed pursuant to Section 23.34.050. The notice of merger shall specify the name of the record owner and a description of the property. The notice of merger under this chapter shall be in a form approved by the director of public works and shall be approved by the director of public works prior to being filed for record with the county recorder.
If the zoning administrator makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed for record with the county recorder within thirty days after the zoning administrator’s determination, and a clearance letter shall be mailed to the owner.
(Ord. 87-08 § 1, 1987).
23.34.080 APPEALS.
The determination of the zoning administrator may be appealed to the zoning board provided that the appeal shall be filed within fifteen days of the date of the notice of determination and the zoning board shall hear the appeal within sixty days from the date of appeal. If, after hearing, the zoning board grants the appeal and determines that the affected property has not been merged, the department shall, within thirty days after the zoning board determination, file for record with the county recorder a release of the notice of intention to determine status and mail a clearance letter to the owner.
(Ord. 87-08 § 1, 1987).
23.34.090 DETERMINATION WHEN NO HEARING IS REQUESTED.
If the owner does not file a request for a hearing within thirty days after the recording of the notice of intention to determine status, the zoning administrator shall within eighty-five days make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed for record with the county recorder within ninety days after the mailing of the notice of intention to determine status pursuant to Section 23.34.020.
(Ord. 87-08 § 1, 1987).
23.34.100 REQUEST TO MERGE BY PROPERTY OWNER.
If the merger of contiguous parcels or units is initiated by the record owner, the owner may waive in writing the right to a hearing before the zoning administrator and to all notices required by this chapter. Upon receipt of such waiver, the planning department shall simultaneously file for record with the county recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger. There shall be no fee for mergers requested by a property owner.
(Ord. 87-08 § 1, 1987).