Chapter 14.26
MERGER OF CONTIGUOUS LOTS
Sections:
14.26.010 Authority to merge parcels.
14.26.020 Procedures for required mergers.
14.26.010 Authority to merge parcels.
A. The director is authorized to initiate proceedings for the merger of parcels in the absence of an application when to do so is in the best interest of the city. The advisory agency may approve the merger of a parcel or unit of land with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units of land does not conform to the standards for minimum parcel size under AVMC Title 15 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 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
2. With respect to any affected parcel, one or more of the following conditions exists:
a. The parcel comprises less than 5,000 square feet in area at the time of the determination of merger;
b. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
c. The parcel does not meet current standards for sewage disposal and domestic water supply;
d. The parcel does not meet slope stability standards;
e. The parcel has no legal access adequate for vehicular and safety equipment access and maneuverability;
f. The parcel development would create health or safety hazards;
g. The parcel is inconsistent with the city’s general plan or any applicable specific plan, other than minimum lot size or density standards;
3. The owner of the affected parcels has been notified of the merger proposal and is afforded the opportunity for a hearing pursuant to AVMC 14.26.020.
B. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded as provided by AVMC 14.26.020(A).
C. The provisions of this chapter shall not apply if any one of the following conditions exists:
1. On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open space land pursuant to a contract, agreement, scenic restriction, or open space easement, as defined and set forth in California Revenue and Taxation Code Section 421;
2. On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in California Government Code Section 51104(f) or is land devoted to an agricultural use as defined in California Government Code Section 51201;
3. On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made pursuant to a use permit issued by the city;
4. On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the city.
D. For purposes of subsections (C)(3) and (4) of this section, mineral resource extraction means gas, oil, hydrocarbon, gravel, or sand extraction; geothermal wells, or other similar commercial mining activity. [Ord. 2010-126 § 1 (Exh. A)].
14.26.020 Procedures for required mergers.
A. Prior to recording a notice of merger, the city shall cause to be mailed by certified mail to the then current record owner of the parcels proposed to be merged a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards specified in this chapter, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger set forth in AVMC 14.26.010. The notice of intention to determine status shall be filed for record with the county clerk/county recorder on the date that notice is mailed to the property owner.
B. At any time within 30 days after recording the notice of intention to determine status, the owner of the affected property may file with the city clerk a request for a hearing on determination of status.
C. Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to subsection (B) of this section, the city clerk shall fix a time, date, and place for a hearing to be conducted by the advisory agency, and shall notify the property owner of that time, date, and place for the hearing by certified mail. The hearing shall be conducted not more than 60 days following the city clerk’s receipt of the property owner’s request for the hearing, but may be postponed or continued with the mutual consent of the city and the property owner.
D. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger set forth in AVMC 14.26.010.
E. At the conclusion of the hearing, the advisory agency shall make a determination whether the affected parcels are to be merged, and shall so notify the owner of its determination. A determination that the affected parcels shall not be merged may be made whether or not the affected parcels meet the standards set forth in AVMC 14.26.010. A determination of merger shall be recorded within 30 days after conclusion of the hearing.
F. A merger of parcels becomes effective when the city causes to be filed for record with the county clerk/county recorder a notice of merger specifying the names of the record owners and particularly describing the real property.
G. If the record owner of the affected parcels does not file a request for a hearing in accordance with subsection (B) of this section, the city may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in subsection (F) of this section no later than 90 days following the mailing of the notice required by subsection (A) of this section.
H. If, in accordance with subsection (E) of this section, the city determines that the affected parcels shall not be merged, the city shall cause to be recorded in the manner specified in subsection (F) of this section a release of the notice of intention to determine status and shall mail a clearance letter to the then current record owner of the affected parcels. [Ord. 2010-126 § 1 (Exh. A)].
14.26.030 Voluntary mergers.
A. The owner of contiguous lots or parcels may apply for the voluntary merger of the lots or parcels. An application for a voluntary merger of contiguous parcels shall be made on forms provided by the planning department and shall include such items as may reasonably be required to make the necessary findings. A filing fee may be required as established by resolution of the city council.
B. Applications for voluntary merger shall be considered by the director. The director must make the following findings prior to the approval of any voluntary merger:
1. The lots to be merged are under common ownership at the time of the merger;
2. The lots as merged will be consistent with or will be more closely compatible with the applicable zone regulations and other regulations relating to the subject property; and
3. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger.
C. Approval of a voluntary merger shall be recorded within 30 days after the director’s determination. The voluntary merger becomes effective when the city causes to be filed for record with the county clerk/county recorder a notice of merger specifying the names of the record owners and particularly describing the real property.
D. The advisory agency may approve a waiver of the parcel map requirement and use a lot line adjustment or other instrument for voluntary lot mergers in cases where no more than one parcel is eliminated. If a merger involves the elimination of more than one lot, tentative and final parcel maps shall be required. [Ord. 2010-126 § 1 (Exh. A)].