Sec. 25-13.11(m). - Criteria for unmerger.

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:

(1)

The parcel meets each of the following criteria:

(A)

Comprises at least 5,000 square feet in area:

(B)

Was created in compliance with applicable laws and ordinances in effect at the time of its creation.

(C)

Meets current standards for sewage disposal under Chapter 24 of Sonoma County Code and current standards for domestic water supply under Chapter 23B of Sonoma County Code.

(D)

Meets slope stability density standards set forth by the Uniform Building Code and Sonoma County Building Inspection Department.

(E)

Has legal access which is adequate for vehicular and safety equipment access and maneuverability. In determining whether legal access exists, the Planning Director, his designee or hearing office may consider evidence of prescriptive easements.

(F)

Development of parcel would create no health or safety hazards

(G)

The parcel would be consistent with the General Plan, the Local Coastal Plan or any applicable specific plan, other than a minimum lot size or density standards.

(2)

and, with respect to such parcel, none of the following conditions exist:

(A)

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 restrictions, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

(B)

On or before 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.