Chapter 9-509 — Parcel Mergers

The purpose of this Chapter is to provide procedures and standards for the merger of two or more existing, contiguous parcels or units of land under the same ownership in order to achieve orderly development, protect new development, and implement the General Plan as provided by the Subdivision Map Act.

Pursuant to the Subdivision Map Act and this Title, the County may initiate the merger of two or more parcels are under the same ownership if one of the parcels or units has less area than the minimum parcel area or lot area required for new parcels or lots by this Title for the regulating zone where the parcel(s) are located and if the requirements of Subsection (a) and (b) are satisfied.

(a)

Status of Development. At least one of the affected parcels: 1) 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; 2) is developed only with an accessory structure or structures; or 3) is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

(b)

Substandard Conditions. With respect to any affected parcel, one or more of the following conditions exists:

(1)

The parcel comprises less than 5,000 square feet in area at the proposed time of merger;

(2)

The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

(3)

The parcel does not meet current standards for sewage disposal and domestic water supply;

(4)

The parcel has no legal access that is adequate for vehicular and safety equipment and their maneuverability;

(5)

Development of the parcel would create health or safety hazards; or

(6)

The parcel does not have a viable building site because of slope stability standards.

(c)

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 Chapter.

(d)

Exceptions. This section shall not apply if any of the conditions stated in Sections 66451.11(b)(A), (B), (C), or (D) of the Subdivision Map Act exist.

Mergers may be initiated by the Board of Supervisors, the Planning Commission, or the Zoning Administrator. The process for County-Initiated mergers shall be managed by the Zoning Administrator using the Common Procedures in Chapter 9-802, with the following modifications:

(a)

Notice of Intention to Determine Status. Prior to recording a Notice of Merger, the Zoning Administrator shall mail, by certified mail, a Notice of Intention to Determine Status to the current recorded owner of the property.

(1)

The Notice of Intention to Determine Status shall state that the affected parcels may be merged pursuant to this Chapter and that the owner may request a hearing before the Zoning Administrator to present evidence that the property does not meet the criteria for merger.

(2)

The Notice of Intention to Determine Status shall be filed for record with the County Recorder on the date the notice is mailed to the property owner.

(b)

Hearing on Determination of Status. The owner of the affected parcels may submit a written request to the Zoning Administrator at any time within 30 days after the recording of the Notice of Intention to Determine Status for a public hearing to determine whether his parcels should or should not be merged. When a public hearing is requested, the following procedures shall be followed:

(1)

Scheduling of Hearing. Upon receipt of the written request for a hearing, the Zoning Administrator shall set a time, date, and place for the hearing and notify the property owner of this information by certified mail. The hearing shall be conducted not more than 60 days following the filing of the property owner's request for a hearing, or the hearing may be postponed or continued by mutual consent of the Zoning Administrator and the property owner.

(2)

Presentation of Evidence. 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 Section 9- 508.020, Subsection (a) and (b).

(3)

Decision. At the conclusion of the hearing, the Zoning Administrator shall make a determination that the parcels are to be merged or are not to be merged, based on the standards for merger specified in Section 9-508.020, Subsection (a) and (b). The owner shall be notified of the Zoning Administrator's determination.

(4)

Appeal. The owner of the property may appeal the Zoning Administrator's determination to the Planning Commission pursuant to the procedures set forth in Chapter 9-802, Common Procedures.

(c)

Notice of Merger. If it is decided that the parcels are to be merged, the Zoning Administrator shall file a Notice of Merger with the County Recorder within the following time limits:

(1)

Within 30 days after the conclusion of the hearing specified by Subsection (b);

(2)

Within 30 days after the conclusion of any appeal hearing; or

(3)

Within 90 days after the mailing of the Notice of Intention to Determine Status specified in Subsection (a) if the owner of the affected parcels has not filed a Request for Hearing within the time period specified in Subsection (b).

(d)

Release of Notice of Intention to Determine Status. If it is decided that the parcels are not to be merged, the Zoning Administrator shall file a Release of Notice of Intention to Determine Status with the County Recorder and shall mail a clearance letter to the recorded owner of the affected parcels.

(a)

Voluntary Merger Applications. Request for a voluntary merger of contiguous parcels under common ownership may be initiated by the property owners or the property owner's authorized agent by submitting a Merger of Parcels application and all required documents to the Community Development Department. A fee, as specified by resolution of the Board of Supervisors, shall be required.

(b)

Permit Review Procedure. Merger of Parcels applications shall be reviewed ministerially by the Zoning Administrator pursuant to the procedures in Chapter 9-803, Zoning Compliance Review.

(c)

Development Standards. Mergers approved under the provisions of this Section shall be subject only to those conditions which ensure that the proposal meets the minimum area and width requirements of the regulating zone. All mergers shall be recorded with an instrument evidencing the merger, known as a Notice of Merger.

A property owner may apply to the County for a determination that any parcels or units of land for which a Notice of Merger had not been recorded on or before January 1, 1984, are deemed not to have been merged under Section 66451.30 of the Subdivision Map Act. If the Zoning Administrator determines that the parcels meet the standards specified in Section 66451.30, the County shall issue the owner, and record with the County Recorder, a Notice of the Status of the parcels and a Declaration that the parcels are not merged.

Chapter 9-510 - Reversion to Acreage