SECTIONS 66451.30-66451.33 - California Statutes

GOVERNMENT CODE

SECTION 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)