La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
63 MERGER OF PARCELS
§ 11.63.010 Merger of contiguous parcels.
A.
Unless otherwise exempt by California state law, whenever two or more contiguous lots, parcels or units of land are held by the same owner, such lots, parcels or units may be merged pursuant to the provisions of this chapter when any one of those lots, parcels or units does not conform to the city's standards for minimum parcel size as provided in its zoning ordinance and where all of the following requirements are satisfied:
1.
At least one of the affected lots, parcels or units is not developed with a structure for which a building permit was issued or which was built prior to the time such permits were required, 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 lot, parcel or unit; and
2.
With respect to any affected parcel, one or more of the following conditions exists:
a.
Comprises less than 5,000 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 the 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,
g.
Is inconsistent with the general plan of the city or any applicable specific plan, other than minimum lot size or density standards;
B.
The conditions set forth in subsections (A)(2)(c) through (g) of this section shall be determined by the standards set forth in the ordinances, resolutions, rules and regulations of the city in effect on the date that notice of intention to determine status is recorded, including, but not limited to, the city's subdivision ordinance, zoning ordinance, building code and hillside development ordinance.
C.
Property Owner Requested Merger—Procedures and Requirements.
1.
Requirements. A voluntary merger of parcels may be requested by an applicant for a multifamily residential development that includes at least 20% housing for very low-, low-, or moderate-income households as defined in California Government Code Section 65589.5. A parcel may be merged with one or more contiguous parcels held by the same owner(s) if any one of the contiguous lots held by the same owner(s) does not conform to standards for minimum lot size or dimension specified by the applicable zone or if at least one such lot meets one or more of the requirements specified in subsection (A)(2).
2.
Application. When the owner(s) of record of any contiguous parcel requests the merger of four or fewer parcels, application shall be made on the forms and in the manner specified by the director.
3.
Director's Determination. Within 30 days of the application to merge parcels, the director shall determine whether the affected parcels are to be merged.
4.
Determination to Merge Parcels. If the director determines that the subject parcels shall be merged, they shall cause the notice of merger to be recorded as provided for in Section 66451.12 of the Government Code.
5.
Determination Not to Merge Parcels. If the director determines that the parcels shall not be merged, the director shall mail a copy of the determination not to merge parcels to the property owner.
(Ord. 258 § 1, 1996; Ord. 513-U § 15, 2023; Ord. 515 § 14, 2023)
§ 11.63.020 Treatment of lots after merger.
After merger has occurred with respect to any contiguous lots, parcels or units of land under this chapter, such lots, parcels or units of land shall be treated as a single lot under the provisions of this code.
(Ord. 258 § 1, 1996)
§ 11.63.030 Contiguity and ownership.
Property shall be considered as contiguous lots, parcels or units of land only if such lots, parcels or units of land are adjoining, but not if such lots, parcels or units of land are separated by roads, streets, alleys or other features deemed to be similar to these by the director of community development. For purposes of 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 pursuant to Section 11.63.050 of this chapter.
(Ord. 258 § 1, 1996)
§ 11.63.040 Unmerger of parcels.
Any or all lots, parcels or units of land which may have been merged prior to January 1, 1984, by operation of law by reason of their being contiguous and under the same ownership may be unmerged and determined to be separate parcels, pursuant to the provisions of Article 1.7 of Chapter 3 of Division 2 of Title 7 of the California Government Code. All costs incurred by the city with respect to a parcel for which application for unmerger is made shall be reimbursed to the city by the property owner in accordance with the procedures set forth in Ordinance No. 87 of the city.
(Ord. 258 § 1, 1996)
§ 11.63.050 Opportunity for hearing.
A.
Whenever the director of community development believes that the conditions for merger pursuant to this chapter are present on any real property, the director of community development shall mail by certified mail to the current record owner of such real property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to this chapter and advising the owner that he or she has the opportunity to request a hearing before the planning commission on determination of status, and to present evidence at the hearing that the property does not meet the criteria in this chapter for merger. The notice of intention to determine status shall be filed for record with the county recorder on the date that the notice is mailed to the property owner.
B.
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 city clerk a request for hearing on determination of status.
(Ord. 258 § 1, 1996)
§ 11.63.060 Setting the hearing.
If a request for a hearing on determination of status is received within the time provided by Section 11.63.050 of this chapter, the director of community development shall fix a time, a place and a date not more than 60 days from the date of receipt of the request for such hearing to be conducted by the planning commission, and shall so notify the property owner by certified mail. The hearing may be postponed or continued with the mutual consent of the planning commission and the property owner, provided that the property owner also waive in writing any and all rights to have the final determination of status completed and recorded within 90 days following the mailing of the notice of intention to determine status pursuant to Section 11.63.050(A) of this chapter.
(Ord. 258 § 1, 1996)
§ 11.63.070 Review by planning commission.
The planning commission shall hold a hearing on determination of status when required by and as provided by Section 11.63.060 of this chapter. The property owner shall state his or her objection and be given the opportunity to present the evidence upon which he or she relies that the affected property does not meet the standards for merger specified in this chapter. At the conclusion of the hearing, the planning commission shall determine if the conditions constituting merger exist. If it determines such conditions exist, it shall determine to merge such lots, parcels or units; provided, however, that if it makes the findings required prior to the granting of a variance, as contained in Section 11.44.080, with regard to maintaining the lots, parcels or units of land as unmerged, it shall determine that no merger shall occur and instruct the director of community development not to file a notice of merger. Notice of the planning commission's determination shall be mailed by certified mail to the property owner.
(Ord. 258 § 1, 1996)
§ 11.63.080 Review by the city council.
Within ten days following the decision of the planning commission, any owner of record of the affected property may file a written appeal of such decision with the city clerk. If an appeal is filed in accordance with this section, the matter shall be set for hearing before the city council. The hearing may be postponed or continued with the mutual consent of the city council and the property owner, provided that the property owner also waive in writing any and all rights to have the final determination of status completed and recorded within 90 days following the mailing of the notice of intention to determine status pursuant to Section 11.63.050(A) of this chapter. Notice of the hearing on the appeal shall be provided by certified mail to the owner of the affected property and to any other person who has filed a request for notice of such matter with the city clerk. The city council shall make the findings set forth in Section 11.63.070 in approving or disapproving the proposed merger.
(Ord. 258 § 1, 1996)
§ 11.63.090 Review of non-contested notice of intent to determine status.
If the owner of the affected property does not file a request for hearing on determination of status pursuant to Section 11.63.050(B) of this chapter, the planning commission may, at any time after the expiration of the 30 day period provided for therein, make a determination that the affected parcels are to be merged or are not to be merged. Notice of the determination of the planning commission shall be filed for record within the time frame and in the form provided in Section 11.63.110 of this chapter.
(Ord. 258 § 1, 1996)
§ 11.63.110 Notice to county recorder.
A.
If the final determination of the planning commission or, if an appeal was taken, the final determination of the city council is that the affected property shall be merged, the director of community development shall file for record the notice of merger within a time period that is within 90 days following the mailing of the notice of intention to determine status pursuant to Section 11.63.050(A) of this chapter. The notice of merger shall specify the name(s) of the record owner(s) and shall particularly describe the real property merged. A merger of parcels becomes effective when the notice of merger is filed for record.
B.
If the final determination is that the affected property shall not be merged, the director of community development shall, within the same time period specified for the filing for record of a notice of merger, file for record a release of the notice of intention to determine status and shall mail a clearance letter to the then current owner of record.
(Ord. 258 § 1, 1996)