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Contiguous parcels or units held by the same owner shall be merged if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size under the zoning code of the county applicable to the parcels or units of land and if all of the following requirements are satisfied:

A. 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.

B. With respect to any affected parcel, one or more of the following conditions exists:

1. Comprises less than 5,000 square feet in area at the time of the determination of merger;

2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

3. Does not meet current standards for sewage disposal and domestic water supply;

4. Does not meet slope stability standards;

5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

6. Its development would create health or safety hazards;

7. Is inconsistent with the general plan and any specific plan, other than minimum lot size or density standards.

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.

C. This section shall not apply if one 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 Cal. Rev. & Tax. Code § 421.

2. On or before July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subsection (f) of Cal. Gov’t. Code § 51100, or is land devoted to an agricultural use as defined in subsection (b) of Cal. Gov’t. Code § 51201.

3. On or before 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 or before July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of 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.

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. (Formerly 23.24.019)

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