§ 16.28.030. REQUIREMENTS FOR APPLICATION.

(A) Applications for town-initiated mergers may be initiated by the Planning Director, the Planning Commission or the Town Council.

(B) A town-initiated merger may proceed only if one of the parcels or units has less area than the minimum parcel area or lot area required for new parcels or lots by the regulating zone, and if the following requirements of divisions (B)(1) and (2) below are satisfied.

(1) Development. At least one of the affected parcels is not developed with a 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 structures or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

(2) Substandard conditions. With respect to any affected parcel, one or more of the following conditions exists:

(a) The parcel comprises less than 5,000 square feet in area at the time of the determination of merger;

(b) The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

(c) The parcel does not meet current standards for sewage disposal and domestic water supply;

(d) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

(e) Development of the parcel would create health or safety hazards;

(f) Existence of the parcel is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards; or

(g) The parcel does not meet slope stability standards.

(3) Ownership. 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.

(4) Exceptions. Division (B)(2) above shall not apply if any of the conditions stated in Cal. Gov’t Code § 66451.11(b)(A), (C) or (D) exist.

(Prior Code, § 16.08.030) (Ord. 670, passed - -1998)