§ 16.32.030. Merger of contiguous parcels—Conditions.

A.

Two or more contiguous parcels or units held by the same owner shall be considered as merged if one of the parcels or units does not conform to the minimum parcel or lot size required by Title 17 (Zoning) of the city's municipal code, 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; and

2.

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

a.

Comprises less than five thousand 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, or

g.

Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

B.

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.

C.

Subsection (A)(2) of this section shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C), (D) or (E) of the Subdivision Map Act exist.

(Ord. 320 § 7 (part), 1997)