2007 California Government Code Article 1.7. Unmerger Of Parcels

CA Codes (gov:66451.30-66451.33)

66451.30.  Any parcels or units of land for which a notice of merger
had not been recorded on or before January 1, 1984, shall be deemed
not to have merged if on January 1, 1984:
   (a) The parcel meets each of the following criteria:
   (1) Comprises at least 5,000 square feet in area.
   (2) Was created in compliance with applicable laws and ordinances
in effect at the time of its creation.
   (3) Meets current standards for sewage disposal and domestic water
supply.
   (4) Meets slope density standards.
   (5) Has legal access which is adequate for vehicular and safety
equipment access and maneuverability.
   (6)  Development of the parcel would create no health or safety
hazards.
   (7) The parcel would be consistent with the applicable general
plan and any applicable specific plan, other than minimum lot size or
density standards.
   (b) And, with respect to such parcel, none of the following
conditions exist:
   (1) 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.
   (2) 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.
   (3) 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.
   (4) 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.
   (5) 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 (A) 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 (B) 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 (3) and (4),  "mineral resource
extraction" means gas, oil, hydrocarbon, gravel, or sand extraction,
geothermal wells, or other similar commercial mining activity.
   Each city or county, as applicable, may establish the standards
specified in paragraphs (3) to (7), inclusive, of subdivision (a),
which shall be applicable to parcels deemed not to have merged
pursuant to this section.



66451.301.  If any parcels or units of land merged under a valid
local merger ordinance which was in effect prior to January 1, 1984,
but for which a notice of merger had not been recorded before January
1, 1988, and one or more of the merged parcels or units of land is
within one of the categories specified in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 66451.30, the parcels or
units of land shall be deemed not to have merged unless all of the
following conditions exist:
   (a) The parcels or units are contiguous and held by the same
owner.
   (b) One or more of the contiguous parcels or units do not conform
to minimum parcel size under the applicable general plan, specific
plan, or zoning ordinance.
   (c) 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.
   (d) The parcels or units which do not conform to minimum parcel
size were not created by a recorded parcel or final map.
   If all the conditions described in subdivisions (a), (b), (c), and
(d) above exist, only a parcel or unit of land which does not
conform to minimum parcel size shall remain merged with a contiguous
parcel.



66451.302.  (a) By January 1, 1987, a city or county or city and
county which has within its boundaries, parcels or units of land
which are or may be subject to the provisions of Section 66451.301,
shall send a notice to all owners of real property affected by
Section 66451.301 in substantially the following form:
   "The city or county sending you this notice has identified one or
more parcels of land which you own as potentially subject to a new
state law regarding the merger of substandard parcels which are
located in one or more of the following categories:
   (1) 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.
   (2) 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, is in a timberland production zone as defined in subdivision
(g) of Section 51104, or is land devoted to an agricultural use as
defined in subdivision (b) of Section 51201.
   (3) 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, whether or not the
extraction is being made pursuant to a use permit issued by the local
agency.
   (4) 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.
   (5) (In coastal counties only)  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."
   "The new state law contained in Section 66451.301 of the
Government Code, generally provides for parcels or units of land
located in one or more of the above-described areas which were merged
prior to January 1, 1984, and for which the local agency did not
record a notice of merger by January 1, 1988, the parcels are deemed
unmerged on January 1, 1988, unless all of the following conditions
exist:
   (a) The parcels or units are contiguous and held by the same
owner.
   (b) One or more of the contiguous parcels or units do not conform
to minimum parcel size under the applicable general plan, specific
plan, or zoning ordinance.
   (c) 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 necessary structures,
or is developed with a single structure, other than an accessory
structure, that is also partially sited on a contiguous parcel or
unit.
   (d) The parcels or units which do not conform to minimum parcel
size were not created by a recorded parcel or final map.
   In order to determine whether this new law applies to your
property, you should immediately contact the ____ Department of (City
or County) to assist you in determining the application of the new
law."
   "WARNING.  Your failure to act may result in the loss of valuable
legal rights regarding the property."



66451.31.  Upon application made by the owner and payment of any
fees authorized by Section 66451.33, the local agency shall make a
determination that the affected parcels have merged or, if meeting
the criteria of Section  66451.30, are deemed not to have merged.




66451.32.  (a) Upon a determination that the parcels meet the
standards specified in Section 66451.30, the local agency shall issue
to the owner and record with the county recorder a notice of the
status of the parcels which shall identify each parcel and declare
that the parcels are unmerged pursuant to this article.
   (b) Upon a determination that the parcels have merged and do not
meet the criteria specified in Section 66451.30, the local agency
shall issue to the owner and record with the county recorder, a
notice of merger as provided in Section 66451.12.




66451.33.  A city or county may impose a fee not to exceed those
permitted by Chapter 13 (commencing with Section 54990) of Part 1,
payable by the owner, for  those costs incurred with respect to a
parcel for which application for a determination that the parcels
meet the criteria of Section 66451.30 is made.