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16.20. 010 Intent and purpose.

The purpose of this section and the following sections relating to merger of parcels is to provide a procedure by which two or more contiguous parcels or units of land held by the same owner may be merged. This procedure is adopted pursuant to Sections 66541.10 through 66451.21, inclusive, of the California Government Code, and this code.

Any procedure found within this chapter which is inconsistent or not authorized under the California Government Code shall not be followed. If any such procedures conflict with or are not authorized by the Government Code, the rules and procedures established under the Government Code shall be followed when implementing this chapter. (Prior code § 29.5-19)

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16.20. 020 Applicability.

1. The provisions set forth in this chapter for the merger of parcels shall be applicable to two or more contiguous parcels of land held by the same owner in the R-1 zone where:
   1. The parcels were created under the provisions of this code regulating subdivisions or any prior state law or ordinance regulating the division of land or were not subject to any prior law regulating the division of land;
   2. At least one of the contiguous parcels or units of land does not conform to standards for minimum parcel size to permit use or development under the city's zoning and/or subdivision ordinance.

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16.20. 030 Requirements for merger.

1. Any two or more contiguous parcels or units of land held by the same owner which are subject to the merger provisions set forth as provided in Section 16.20.020 may be merged if the following requirements are satisfied:
   1. The main structure is partially sited on the contiguous parcels; and
   2. The parcels are located in the R-1 zone as designated on the official Zoning Map of the City; and,
   3. With respect to at least one of the affected parcels, one or more of the following conditions exists:
      1. Comprises less than four thousand (4,000) 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 applicable general plan and any applicable specific plan, other than minimum lot size or density standards.
2. If the substandard parcels under consideration for merger: i) are similar or greater in size and width to more than 80% of the separately identified L.A. County Tax Assessor's parcels fronting on the same block, inclusive of the subject parcel, or ii) consist of not more than two parcels with a combined square footage of at least 7,000 square feet, then the contiguous parcels shall not be merged unless, in view of the particular factual circumstances, the integrity of the neighborhood will be harmed if the parcels are allowed to be separately developed. Where the subject parcels are located on a block with 5 parcels or less, the 80% analysis will be applied on a neighborhood rather than a block basis. For purposes of this paragraph, a “neighborhood” is a grouping of similar uses within the same zoning district bounded by topographical or other physical features, arterials or collector streets or other characteristics that give it a separate and distinct identity.
3. The requirements set forth in Subsection A of this Section shall not be applicable if any of the conditions set forth in Section 66451.11(b)(A) through (E) of the California Government Code exist.
4. If the merger of parcels results in the creation of a parcel that is at least eight thousand (8,000) square feet in size, the planning commission and/or city council, with the consent of the property owner, may process a lot line adjustment to redivide the parcel into separate parcels that are at least four thousand (4,000) square feet in size. If a merger of three or more lots results in the creation of a parcel of at least 7,000 square feet, but less than 8,000 square feet, the Planning Commission and/or City Council may, in lieu of merger, approve a lot line adjustment if the resulting lots are larger and fewer in number than the substandard lots and consistent in size with the lots on the block or within the surrounding neighborhood.

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16.20. 040 Determination of ownership.

For purposes of determining whether contiguous parcels or units are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded pursuant to Section 16.20.050.

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16.20. 050 Notice of intention to determine status.

Whenever the Director of Community Development has knowledge that real property may be merged pursuant to the merger provisions of this chapter, he or she shall:

1. Mail by certified mail to the then current record owner of the property a notice of the City’s intention to determine whether the affected parcels should be merged pursuant to this chapter. Such notice shall state that:
   1. The affected parcels may be merged pursuant to the merger provisions of Sections 16.20.010 through 16.20.100, inclusive, of this chapter;
   2. A hearing will be conducted before the Planning Commission regarding the proposed merger, on a date specified in the notice, not less than thirty (30) days time from the date of the notice; and
   3. That the notice of intention to determine status was filed for recording with the County Recorder's office on the same date such notice was mailed to the property owner.
2. Record the notice of intention with the County Recorder's office on the same date that the notice is mailed to the property owner.

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16.20. 060 Hearing date, fee, presentation of evidence--Planning commission determination.

1. The hearing shall be conducted on the date specified in the notice of intention, but may be postponed or continued with the mutual consent of the Planning Commission and the property owner. Notice of the hearing shall be given in accordance with Section 17.68.050.B of this code, requiring notification to all property owners and residents within a 300-foot radius of the subject property.
2. At the hearing, the property owner and any other interested party shall be given the opportunity to present any evidence regarding the affected property’s eligibility for merger pursuant to Sections 16.20.020 and 16.20.030.
3. At the conclusion of the hearing, or at a meeting thereafter, the Planning Commission shall by Resolution make a determination as to whether the affected parcels are to be merged. A copy of the Resolution shall be delivered to the owner by certified mail.

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16.20. 070 Waiver of Hearing

Where the affected parcels cannot be separately developed under the provisions of the Building Code or because one of the parcels has no legal access to a street or alley the property owner may elect to waive the hearing provided for in Section 16.20.060 and consent to the merger. Upon receipt of a written waiver and consent from the property owner, the Director of Community Development shall record the notice of merger as provided in Section 16.20.090

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16.20. 080 Appeal

1. The property owners or any interested person may appeal a decision of the Planning Commission under this chapter within ten days of such decision, by filing an appeal with the City Clerk of the City. No appeal fee is required. The appeal shall be scheduled for hearing before the City Council within sixty (60) days of the filing of the appeal. Notice of the appeal shall be provided in Section 17.68.050.B of this code. Upon conclusion of the hearing, the City Council shall by Resolution make a determination as to whether the affected parcels are to be merged at a time not later than the next regularly scheduled City Council meeting after the hearing is held. The City Council may sustain, modify, or reject or overrule any recommendations or rulings of the Planning Commission and may make such findings as are consistent with the provisions of this chapter or the state Subdivision Map Act.
2. All decisions of the Planning Commission regarding the merger or non-merger of parcels shall be final, unless appealed from as prescribed in this section. In the event of an appeal, the City Council’s decision shall be final.

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16.20. 090 Recordation of Decision.

1. If the Planning Commission or City Council on appeal determines that the affected parcels are merged, the Director of Community Development shall within thirty (30) days of the adoption of the Resolution by the final decision making body file for record with the County Recorder's office a notice of merger specifying the names of the record owners and particularly describing the real property to be merged.
2. If the Planning Commission or City Council on appeal determines that the affected parcels are not to be merged, the Director of Community Development shall within thirty (30) days of the adoption of the Resolution by the final decision making body file for record with the County Recorder's office a release of the notice of intention and a notice of non-merger. The notices shall specify the names of the record owners and particularly describe the affected real property. Copies of the notices shall be mailed to the then current owner of record.

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16.20. 100 Effect of Non-merger

In the event of a final decision of non-merger, the affected parcels shall no longer be subject to merger under this chapter.

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16.20. 110 Development involving contiguous parcels subject to merger.

If a property meets the requirements for lot merger pursuant to this chapter, it shall be prohibited to separately sell or separate the two or more contiguous lots owned by the same person or legal entity that are subject to merger unless the property is released and cleared from lot merger pursuant to Section 16.20.080. No permits for the demolition, construction or addition to the structure or improvements on the property shall be issued by the Community Development Department until the lot merger hearing process pursuant to this chapter has been concluded.

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