2007 California Government Code Article 1.5. Merger Of Parcels

CA Codes (gov:66451.10-66451.23)

GOVERNMENT CODE
SECTION 66451.10-66451.23



66451.10.  (a) Notwithstanding Section 66424, except as is otherwise
provided for in this article, two or more contiguous parcels or
units of land which have been created under the provisions of this
division, or any prior law regulating the division of land, or a
local ordinance enacted pursuant thereto, or which were not subject
to those provisions at the time of their creation, shall not be
deemed merged by virtue of the fact that the contiguous parcels or
units are held by the same owner, and no further proceeding under the
provisions of this division or a local ordinance enacted pursuant
thereto shall be required for the purpose of sale, lease, or
financing of the contiguous parcels or units, or any of them.
   (b) This article shall provide the sole and exclusive authority
for local agency initiated merger of contiguous parcels.  On and
after January 1, 1984, parcels may be merged by local agencies only
in accordance with the authority and procedures prescribed by this
article.  This exclusive authority does not, however, abrogate or
limit the authority of a local agency or a subdivider with respect to
the following procedures within this division:
   (1) Lot line adjustments.
   (2) Amendment or correction of a final or parcel map.
   (3) Reversions to acreage.
   (4) Exclusions.
   (5) Tentative, parcel, or final maps which create fewer parcels.




66451.11.  A local agency may, by ordinance which conforms to and
implements the procedures prescribed by this article, provide for the
merger of a parcel or unit with a contiguous parcel or unit held by
the same owner if any one of the contiguous parcels or units held by
the same owner does not conform to standards for minimum parcel size,
under the zoning ordinance of the local agency applicable to the
parcels or units of land and if all of the following requirements are
satisfied:
   (a) 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.
   (b) With respect to any affected parcel, one or more of the
following conditions exists:
   (1) Comprises less than 5,000 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.
   The ordinance may establish the standards specified in paragraphs
(3) to (7), inclusive, which shall be applicable to parcels to be
merged.
   This subdivision shall not apply if one of the following
conditions exist:
   (A) 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 Section 421 of the Revenue and
Taxation Code.
   (B) On July 1, 1981, one or more of the contiguous parcels or
units of land is timberland as defined in subdivision (f) of Section
51104, or is land devoted to an agricultural use as defined in
subdivision (b) of Section 51201.
   (C) 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,
whether or not the extraction is being made pursuant to a use permit
issued by the local agency.
   (D) 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 local agency.
   (E) Within the coastal zone, as defined in Section 30103 of the
Public Resources Code, one or more of the contiguous parcels or units
of land has, prior to July 1, 1981, been identified or designated as
being of insufficient size to support residential development and
where the identification or designation has either (i) been included
in the land use plan portion of a local coastal program prepared and
adopted pursuant to the California Coastal Act of 1976 (Division 20
of the Public Resources Code), or (ii) prior to the adoption of a
land use plan, been made by formal action of the California Coastal
Commission pursuant to the provisions of the California Coastal Act
of 1976 in a coastal development permit decision or in an approved
land use plan work program or an approved issue identification on
which the preparation of a land use plan pursuant to the provisions
of the California Coastal Act is based.
   For purposes of paragraphs (C) and (D) of this subdivision,
"mineral resource extraction" means gas, oil, hydrocarbon, gravel, or
sand extraction, geothermal wells, or other similar commercial
mining activity.
   (c) The owner of the affected parcels has been notified of the
merger proposal pursuant to Section 66451.13, and is afforded the
opportunity for a hearing pursuant to Section 66451.14.
   For purposes of this section, when 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.



66451.12.  A merger of parcels becomes effective when the local
agency causes to be filed for record with the recorder of the county
in which the real property is located, a notice of merger specifying
the names of the record owners and particularly describing the real
property.



66451.13.  Prior to recording a notice of merger, the local agency
shall cause to be mailed by certified mail to the then current record
owner of the property a notice of intention to determine status,
notifying the owner that the affected parcels may be merged pursuant
to standards specified in the merger ordinance, 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.  The notice of intention to
determine status shall be filed for record with the recorder of the
county in which the real property is located on the date that notice
is mailed to the property owner.



66451.14.  At any time within 30 days after recording of the notice
of intention to determine status, the owner of the affected property
may file with the local agency a request for a hearing on
determination of status.


66451.15.  Upon receiving a request for a hearing on determination
of status from the owner of the affected property pursuant to Section
66451.14, the local agency shall fix a time, date, and place for a
hearing to be conducted by the legislative body or an 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 local agency's receipt
of the property owner's request for the hearing, but may be postponed
or continued with the mutual consent of the local agency and the
property owner.


66451.16.  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 specified in the merger ordinance.

   At the conclusion of the hearing, the local agency shall make a
determination that the affected parcels are to be merged or are not
to be merged and shall so notify the owner of its determination.  If
the merger ordinance so provides, a determination of nonmerger may be
made whether or not the affected property meets the standards for
merger specified in Section 66451.11.  A determination of merger
shall be recorded within 30 days after conclusion of the hearing, as
provided for in Section 66451.12.


66451.17.  If, within the 30-day period specified in Section
66451.14, the owner does not file a request for a hearing in
accordance with Section 66451.16, the local agency 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 Section 66451.12 no later than 90 days
following the mailing of notice required by Section 66451.13.



66451.18.  If, in accordance with Section 66451.16 or 66451.17, the
local agency determines that the subject property shall not be
merged, it shall cause to be recorded in the manner specified in
Section 66451.12 a release of the notice of intention to determine
status, recorded pursuant to Section 66451.13, and shall mail a
clearance letter to the then current owner of record.



66451.19.  (a) Except as provided in Sections 66451.195, 66451.301,
and 66451.302, a city or county shall no later than January 1, 1986,
record a notice of merger for any parcel merged prior to January 1,
1984.  After January 1, 1986, no parcel merged prior to January 1,
1984, shall be considered merged unless a notice of merger has been
recorded prior to January 1, 1986.
   (b) Notwithstanding the provisions of Sections 66451.12 to
66451.18, inclusive, a city or county having a merger ordinance in
existence on January 1, 1984, may, until July 1, 1984, continue to
effect the merger of parcels pursuant to that ordinance, unless the
parcels would be deemed not to have merged pursuant to the criteria
specified in Section 66451.30.  The local agency shall record a
notice of merger for any parcels merged pursuant to that ordinance.
   (c) At least 30 days prior to recording a notice of merger
pursuant to subdivision (a) or (b), the local agency shall advise the
owner of the affected parcels, in writing, of the intention to
record the notice and specify a time, date, and place at which the
owner may present evidence to the legislative body or advisory agency
as to why the notice should not be recorded.
   (d) The failure of a local agency to comply with the requirements
of this article for the merger of contiguous parcels or units of land
held in common ownership shall render void and ineffective any
resulting merger or recorded notice of merger and no further
proceedings under the provisions of this division or a local
ordinance enacted pursuant thereto shall be required for the purpose
of sale, lease, or financing of those contiguous parcels or units, or
any of them, until such time as the parcels or units of land have
been lawfully merged by subsequent proceedings initiated by the local
agency which meet the requirements of this article.
   (e) The failure of a local agency to comply with the requirements
of any prior law establishing requirements for the merger of
contiguous parcels or units of  land held in common ownership, shall
render voidable any resulting merger or recorded notice of merger.
From and after the date the local agency determines that its actions
did not comply with the prior law, or a court enters a judgment
declaring that the actions of the agency did not comply with the
prior law, no further proceedings under the provisions of this
division or a local ordinance enacted pursuant thereto shall be
required for the purpose of sale, lease, or financing of such
contiguous parcels or units, or any of them, until such time as the
parcels or units of land have been lawfully merged by subsequent
proceedings initiated by the local agency which meet the requirements
of this article.



66451.195.  (a) Counties more than 20,000 square miles in size shall
have until January 1, 1990, to record a notice of merger for parcels
of 4,000 square feet or less prior to the time of merger, which were
merged prior to January 1, 1984, and for those parcels no parcel
merged prior to January 1, 1984, shall be considered merged unless
the notice of merger has been recorded prior to January 1, 1990.
Counties recording notices of merger pursuant to this subdivision
shall comply with the notice requirements of Section 66451.19.
   (b) This section shall not be applicable to any parcels or units
which meet the criteria of subdivision (a) but which were
transferred, or for which the owner has applied for a building
permit, during the period between January 1, 1986, and the effective
date of this section.



66451.20.  Prior to amending a merger ordinance which was in
existence on January 1, 1984, in order to bring it into compliance
with Section 66451.11, the legislative body of the local agency shall
adopt a resolution of intention and the clerk of the legislative
body shall cause notice of the adoption of the resolution to be
published in the manner prescribed by Section 6061.  The publication
shall have been completed not less than 30 days prior to adoption of
the amended ordinance.



66451.21.  Prior to the adoption of a merger ordinance in
conformance with Section 66451.11, by a city or county not having a
merger ordinance on January 1, 1984, the legislative body shall adopt
a resolution of intention to adopt a merger ordinance and fix a time
and place for a public hearing on the proposed ordinance, which
shall be conducted not less than 30 nor more than 60 days after
adoption of the resolution.  The clerk of the legislative body shall
cause a notice of the hearing to be published in the manner
prescribed by Section 6061.  Publication shall have been completed at
least seven days prior to the date of the hearing.  The notice
shall:
   (a) Contain the text of the resolution.
   (b) State the time and place of the hearing.
   (c) State that at the hearing all interested persons will be
heard.



66451.22.  (a) The Legislature hereby finds and declares that:
   (1) The agricultural area of Napa County has become extremely
important over the last 25 years as a premier winegrape growing
region of worldwide importance and should thereby be protected from
parcelization.
   (2) The county has determined that because of the land's
extraordinary agricultural value as a winegrape production area and
the fact that the county's tourism industry entrusts its significant
economic interests to its agricultural and open-space lands, the
highest and best use for the agricultural land in the Napa Valley is
for agricultural production.
   (3) The full potential build-out of parcels not previously
recognized in Napa County's agricultural preserve and watershed areas
could devastate the wine industry of California and Napa County.
   (4) To adequately protect the value and productivity of the county'
s agricultural lands, Napa County needs relief from the Subdivision
Map Act's implied preemption of local ordinances that may require
merger of parcels that do not meet current zoning and design and
improvement standards as well as the provisions that recognize
parcels created prior to, or before, the current Subdivision Map Act.

   (b) Notwithstanding any other provision of law, the County of Napa
may adopt ordinances to require, as a condition of the issuance of
any permit or the grant of any approval necessary to develop any real
property which includes in whole or in part an undeveloped
substandard parcel, that the undeveloped substandard parcel be merged
into any other parcel or parcels that are contiguous to it and were
held in common ownership on or after the effective date of this act,
whether or not the contiguous parcels are a part of the development
application, except as otherwise provided in subdivisions (d) and
(e).
   (c) For purposes of this section, "undeveloped substandard parcel"
means a parcel or parcels that qualify as undeveloped pursuant to
subdivision (a) of Section 66451.11, are located in areas designated
as Agricultural Resource (AR) or Agricultural, Watershed, and Open
Space (AWOS) on the General Plan Map of Napa County and are
inconsistent with the parcel size established by the general plan and
any applicable specific plan.
   (d) Any ordinance adopted by the County of Napa pursuant to
subdivision (b) shall exempt the following:
   (1) Undeveloped substandard parcels for which a conditional or
unconditional certificate of compliance has been issued pursuant to
subdivision (a) or (b) of Section 66499.35, so long as the
application for the certificate of compliance, together with the
documentation required by the County of Napa on or before August 1,
1997, to commence the processing of an application, is filed on or
before the effective date of this act; provided that this exemption
shall not be applicable to conditional certificates of compliance,
whenever issued, if the parcels involved were created on or after
January 1, 1997, in a manner not in compliance with this division or
local ordinances enacted pursuant thereto.
   (2) Substandard parcels created by the recordation of a final or
parcel map approved by the County of Napa on or after December 29,
1955.
   (3) Substandard parcels lawfully created by the recordation of a
record of survey prior to February 27, 1969.
   (4) Notwithstanding Section 1093 of the Civil Code, property that
in the most recently recorded deed, mortgage, patent, deed of trust,
contract of sale, or other instrument of conveyance or security
document, described by means of a consolidated legal description,
whether or not such legal description is comprised of one or more
previously existing legal descriptions, provided the owner of same
prior to filing an application for development records a document
merging any underlying parcel lines that may exist.
   (e) Notwithstanding the provisions of subdivision (b), the Board
of Supervisors of the County of Napa shall not require merger or
condition or deny the issuance of any permit or the grant of any
approval necessary to develop any real property in a manner that
would constitute a taking of the landowner's property in violation of
the United States and California Constitutions.
   (f) Nothing contained in this section shall be construed as
affecting the right of the County of Napa, pursuant to the provisions
of Article 1.5 (commencing with Section 66451.10) and Article 1.7
(commencing with Section 66451.30), to merge any parcels of land in
the unincorporated area of that county, including, but not limited
to, any parcels eligible for the exemption as described in
subdivision (d) of Section 66451.22.



66451.23.  Prior to adopting any ordinance authorized by Section
66451.22, the legislative body of the County of Napa shall conduct at
least one public meeting at which local officials shall allow public
testimony regarding the proposed ordinance in addition to the
noticed public hearing at which the legislative body proposes to
enact the ordinance.

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