Chapter 16.28


16.28.010    Application.

16.28.020    Procedure.

16.28.010 Application.

A parcel may be merged with a contiguous parcel held by the same owner if the following requirements are satisfied:

A. At least one of the affected parcels is undeveloped with 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 the 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 merger;

2. Was not created in compliance with the city zoning ordinance 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; or

7. It is inconsistent with the general plan or any applicable specific plan, other than minimum lot size or density standards.

C. The merger of parcels shall also conform to the procedural requirements of the Subdivision Map Act.

D. A notice of the merger shall be filed by the city with the county recorder, specifying the name of the record owner and particularly describing the property merged. (Ord. 700 § 2 (Exh. 1), 2012)

16.28.020 Procedure.

A. Prior to recording a notice of merger, notice shall be provided to the current record owner of the property via certified mail, notifying the owner that the affected parcels may be merged and advising the owner of the opportunity to request a hearing to present evidence at the hearing that the property does not meet the criteria for a merger.

B. The owner of the affected property may file a request for a hearing on the proposed merger within thirty days of receiving notice of the proposed merger.

C. Upon receiving a request for a hearing, the planning commission shall schedule a hearing to consider the proposed merger within sixty days following the city’s receipt of the request for a hearing. At the conclusion of the hearing, the planning commission shall either approve or disapprove the proposed merger. A determination of merger shall be recorded within thirty days following the conclusion of the hearing.

D. The city engineer shall make a determination regarding the proposed merger within thirty days if no hearing is requested. A determination of merger or nonmerger shall be recorded within ninety days after mailing the notice required under subsection A of this section. (Ord. 700 § 2 (Exh. 1), 2012)