§ 17.48.040. Merger conditions and specifications.

A.

On or after January 1, 1984, two or more contiguous parcels or units of land held by the same owner or owners shall be subject to merger if any one of the contiguous parcels or units of land does not conform to the standards for minimum parcel size of the zoning district in which the parcels or units of land are located, and if all of the following requirements are satisfied:

1.

At least one of the affected parcels or units of land 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 of land; and

2.

With respect to any affected parcel or unit of land, one or more of the following conditions exist:

a.

The affected parcel or unit of land comprises less than five thousand square feet in area at the time the notice of intention to determine status was recorded,

b.

The affected parcel or unit of land was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c.

The affected parcel or unit of land does not meet current standards for sewage disposal and domestic water supply, as set forth in Chapter 13.04 of Division I, and Chapters 13.16 through 13.56 of Division II, of Title 13 of this code. For purposes of this subsection:

i.

If an approved water supply system does not exist on an affected parcel or unit of land on the date the notice of intention to determine status is recorded, it shall be presumed the parcel does not meet current standards for domestic water supply.

ii.

Notwithstanding the immediately preceding subsection, if affected parcels or units of land are served by an existing individual water supply system that is not an approved water supply system on the date the notice of intention to determine status is recorded, it shall be presumed the parcel does not meet current standards for domestic water supply unless both the minimum sustained yield, and the minimum storage capacity standards, contained in Sections 13.04.060 and 13.04.090, were met on the date the notice of intention to determine status was recorded.

iii.

If an approved sewage disposal system does not exist on an affected parcel or unit of land, or an application for an individual sewage system has not been approved on the date the notice of intention to determine status was recorded, it shall be presumed the parcel or unit of land does not meet current standards for sewage disposal.

d.

The affected parcel or unit of land has slope stability or other geologic hazards as shown on the Napa County Environmental Sensitivity Maps which cannot be mitigated to an acceptable degree for development. It shall be presumed that slope instability or geologic hazards impacting an affected parcel or unit of land are not capable of being mitigated to an acceptable degree for development unless a geologic investigation or other geologic report submitted by the owners of the parcels proposed to be merged indicates otherwise;

e.

As of the date the notice of intention to determine status is recorded the affected parcel or unit of land has no legal access which is adequate for vehicular and safety equipment access and maneuverability. For purposes of this subparagraph, if a parcel or unit of land does not have at least sixty feet of frontage on a constructed road which meets or exceeds the applicable standards set forth in the Napa County Road and Street Standards, as amended, it shall be presumed the parcel does not have legal access which is adequate for vehicular and safety equipment access and maneuverability. It shall be presumed that a parcel with the required sixty feet of frontage has legal access which is adequate for vehicular and safety equipment access and maneuverability, unless evidence is presented at the hearing by the director of planning, a fire official, or their designees that, despite sixty feet of frontage, it is not possible for either a standard passenger vehicle or safety equipment to enter the property from any designated roadway;

f.

Development of the affected parcel or unit of land would create health or safety hazards;

g.

Development of the affected parcel or unit of land would be inconsistent with the general plan or any applicable specific plans, other than minimum lot size or density standards; and

3.

At the time the parcel or unit of land was created, any one of the following conditions exist:

a.

One of the affected parcels or units of land proposed to be merged was created prior to the effective date of Napa County Subdivision Ordinance No. 193 (i.e., December 29, 1955), and at the time of its creation, or at the time the notice of intention to determine status was recorded, contained less than forty acres; or

b.

The proposed creation of one of the affected parcels or units of land proposed to be merged was authorized by the county subsequent to December 29, 1955, as a result of the approval of a tentative parcel or subdivision map, but that approval also included a finding to the effect that the purpose of the approval was to accomplish the transfer of property but was not intended to result in the creation of any new parcel, and the parcel or unit of land so approved was thereafter created by parcel map or deed; or

c.

The parcel or unit of land was created in violation of applicable laws and ordinances in effect at the time of its creation.

B.

For purposes of determining whether contiguous parcels or units of land are held by the same owners, ownership shall be determined as of the date that a notice of intention to determine status is recorded pursuant to Section 17.48.060.

C.

Subsection (A)(2) of this section shall not apply if any 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 of the Government Code, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201 of the Government Code,

3.

On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand 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 county, or

4.

On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand 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 county.

D.

For purposes of subsections (C)(3) and (C)(4) of this section, "mineral resource extraction" means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.

(Ord. 1098 § 2, 1996: Ord. 1058 § 6, 1994; Ord. 1012 § 5, 1992; Ord. 854 § 2 (part), 1987: prior code § 11695.30)

(Ord. No. 1379, § 137, 1-29-2013)