ProcedureUnmerger of Parcels

Section § 66451.30

Explanation

This law states that parcels of land that did not have a merger notice recorded by January 1, 1984, should not be considered merged as long as they meet certain conditions. Firstly, the parcel must be at least 5,000 square feet, comply with laws at the time of creation, and meet current sewage, water, and slope requirements. It also needs to have adequate legal access and should not pose any health or safety hazards. Additionally, the parcel should align with relevant general plans, ignoring minimum lot size or density standards.

Furthermore, the law specifies conditions under which parcels might still be considered merged, such as being part of restricted open-space or timberland as of July 1, 1981. Parcels near active or future commercial mineral resource extraction sites, or designated as too small for residential use within the coastal zone, might also affect merger status.

Cities or counties can set specific standards for these parcels. The law clarifies what mineral resource extraction includes, such as oil, gas, and mining activities.

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)CA Government Code § 66451.30(a) The parcel meets each of the following criteria:
(1)CA Government Code § 66451.30(a)(1) Comprises at least 5,000 square feet in area.
(2)CA Government Code § 66451.30(a)(2) Was created in compliance with applicable laws and ordinances in effect at the time of its creation.
(3)CA Government Code § 66451.30(a)(3) Meets current standards for sewage disposal and domestic water supply.
(4)CA Government Code § 66451.30(a)(4) Meets slope density standards.
(5)CA Government Code § 66451.30(a)(5) Has legal access which is adequate for vehicular and safety equipment access and maneuverability.
(6)CA Government Code § 66451.30(a)(6)  Development of the parcel would create no health or safety hazards.
(7)CA Government Code § 66451.30(a)(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)CA Government Code § 66451.30(b) And, with respect to such parcel, none of the following conditions exist:
(1)CA Government Code § 66451.30(b)(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)CA Government Code § 66451.30(b)(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)CA Government Code § 66451.30(b)(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)CA Government Code § 66451.30(b)(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)CA Government Code § 66451.30(b)(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.
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Section § 66451.31

Explanation

This law section states that if a property owner applies and pays any necessary fees, the local agency has to decide if certain pieces of land have legally combined into one (known as "merged") or, if they meet specific criteria, are considered not merged.

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.
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Section § 66451.32

Explanation

This law section outlines the steps a local agency must take when determining the status of land parcels as either merged or unmerged. If the parcels meet certain standards, the agency will notify the owner and officially record them as unmerged. Conversely, if the parcels have merged and don't meet the criteria, the agency will issue a notice of merger to the owner and make it official by recording it.

(a)CA Government Code § 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)CA Government Code § 66451.32(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.
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Section § 66451.33

Explanation

This law allows cities or counties to charge a fee to property owners. This fee covers certain costs related to evaluating whether their parcel of land meets specific criteria. However, the fee cannot be higher than what's allowed under another set of regulations starting in Section 54990.

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.
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Section § 66451.301

Explanation

This law explains when parcels of land, merged under local rules before 1984 but without a formal notice by 1988, aren't officially merged unless four conditions are met. First, the land must be next to each other and owned by the same person. Second, at least one parcel doesn't meet the area's size requirements. Third, at least one parcel isn't fully developed or only has minor structures. Fourth, the parcel didn't come from an official map. If these conditions are true, only the undersized parcel stays merged with its neighbor.

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)CA Government Code § 66451.301(a) The parcels or units are contiguous and held by the same owner.
(b)CA Government Code § 66451.301(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)CA Government Code § 66451.301(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)CA Government Code § 66451.301(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.
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Section § 66451.302

Explanation

This section requires cities and counties, by January 1, 1987, to notify property owners if their land might be affected by a law meant to 'un-merge' certain land parcels. This applies if their parcels were merged before 1984 but not recorded by 1988. The parcels affected are those that are in protected areas, near commercial mineral extraction sites, or too small for development, especially in coastal zones.

Generally, the land will become 'unmerged'—meaning they can be treated as separate lots—unless they meet specific conditions: being contiguous, having been combined without a formal map, and at least one parcel not having a substantial building.

(a)CA Government Code § 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)CA Government Code § 66451.302(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)CA Government Code § 66451.302(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)CA Government Code § 66451.302(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)CA Government Code § 66451.302(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)CA Government Code § 66451.302(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)CA Government Code § 66451.302(a) The parcels or units are contiguous and held by the same owner.
(b)CA Government Code § 66451.302(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)CA Government Code § 66451.302(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)CA Government Code § 66451.302(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.”
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