Chapter 16.44
PARCEL MERGERS AND UNMERGERS
Sections:
16.44.020 Notice of intention to determine status.
16.44.030 Hearing on determination of status.
16.44.040 Determination of merger.
16.44.060 Mergers under prior law.
16.44.070 Determination when no hearing is requested.
16.44.080 Request to merge by property owner.
16.44.100 Request for determination by owner.
16.44.110 Fee for mergers and unmergers.
16.44.010 Mergers required.
Two or more contiguous parcels or units held by the same owner shall be considered as merged if one of the parcels or units does not conform to the minimum parcel or lot size required by BMC Title 17, Zoning, 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 parcels:
1. Comprises less than 5,000 square feet in area at the time of the determination of the 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. Will create health or safety hazards if developed; or
7. Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.
C. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded pursuant to this chapter.
D. Subsection (B) of this section shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C) or (D) of the Subdivision Map Act exist. (Ord. 86-6, 1986).
16.44.020 Notice of intention to determine status.
Prior to recording a notice of merger, the department shall mail, by certified mail, a notice of intention to determine status to the current owner of record of the property. The notice shall state that the affected parcels may be merged pursuant to this chapter and that, within 30 days from the date the notice of intention was recorded, the owner may request a hearing before the community development director to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder by the department on the same day that the notice is mailed to the property owner. (Ord. 86-6, 1986).
16.44.030 Hearing on determination of status.
A. The owner of the affected property may file a written request for a hearing with the department within 30 days after recording of the notice of intention to determine status. Upon receipt of the request, the department shall set a time, date and place for a hearing before the community development director and notify the owner by certified mail. The hearing shall be conducted within 60 days following the receipt of the owner’s request, or may be postponed or continued by mutual consent of the community development director and the property owner.
B. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter.
C. At the conclusion of the hearing, the community development director shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. Such notification shall be mailed to the property owner by the department within five days of the date of the hearing. (Ord. 86-6, 1986).
16.44.040 Determination of merger.
A. If the community development director makes a determination that the parcels are to be merged, a notice of merger shall be filed for record with the county recorder by the department within 30 days of the conclusion of the hearing, unless the decision has been appealed pursuant to BMC 16.44.050. The notice of merger shall specify the name of the record owner and a description of the property.
B. If the community development director makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed for record with the county recorder by the department within 30 days after the community development director’s determination and a clearance letter shall be mailed to the owner by the department. (Ord. 86-6, 1986).
16.44.050 Appeals.
The determination of the community development director may be appealed to the planning commission in accordance with Chapter 1.44 BMC. If, after hearing, the planning commission grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the department shall, within 30 days after the planning commission determination, file for record with the county recorder a release of the notice of intention to determine status and mail a clearance letter to the owner. (Ord. 07-56 § 1; Ord. 86-6, 1986).
16.44.060 Mergers under prior law.
A. Except as provided in BMC 16.44.090 and 16.44.100, prior to January 1, 1986, the department shall file for record with the county recorder a notice of merger for any parcel merged under the provisions of any law prior to January 1, 1984. At least 30 days before recording the notice of merger, the department shall mail written notice to the owner of the affected parcels stating the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the community development director why the notice should not be recorded.
B. If, after the hearing, the community development director determines that the parcels have merged, a notice of merger shall be filed for record with the county recorder by the department. The decision of the community development director may be appealed according to the procedures established in Chapter 1.44 BMC. (Ord. 07-56 § 2; Ord. 86-6, 1986).
16.44.070 Determination when no hearing is requested.
If the owner does not file a request for a hearing within 30 days after the recording of the notice of intention to determine status, the community development director may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed for record with the county recorder by the department within 90 days after the mailing of the notice of intention to determine status pursuant to BMC 16.44.020. (Ord. 86-6, 1986).
16.44.080 Request to merge by property owner.
If the merger of contiguous parcels or units is initiated by the record owner, the owner may waive the right to a hearing before the community development director and to all notices required by this chapter. Upon signing the waiver, the department shall simultaneously file for record with the county recorder a notice of intention to determine status, a waiver of right of hearing and notice, and a notice of merger. (Ord. 86-6, 1986).
16.44.090 Unmerged parcels.
Any parcel which has merged under the provisions of any law prior to January 1, 1984, and for which a notice of merger had not been recorded on or before that date, shall be unmerged if on that date:
A. The parcel meets each of the following criteria:
1. Contains 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. Its unmerger and development would create no health or safety hazard;
7. The unmerged parcel would be consistent with the general plan and any applicable specific plan, other than minimum lot size or density standards;
B. And, with respect to the parcel, none of the conditions stated in Section 66451.30(b)(1), (2), (3), (4) or (5) of the Subdivision Map Act exists. (Ord. 86-6, 1986).
16.44.100 Request for determination by owner.
A. Upon written application made by the owner to the department, the community development director shall make a determination that the affected parcels have merged or are to be merged. If the community development director determines that the parcels have not merged, the owner shall be so notified by the department.
B. If the community development director determines that the parcels have merged and that they meet the requirements for unmerger in BMC 16.44.090, a notice of status shall be issued to the owner and filed for record with the county recorder by the department, which shall identify each parcel and declare that they are unmerged pursuant to this chapter.
C. If the community development director determines that the parcels have merged and do not meet the unmerger requirements in BMC 16.44.090, a notice of merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the county recorder by the department. The owner may appeal the decision of the community development director in accordance with Chapter 1.44 BMC. (Ord. 07-56 § 3; Ord. 86-6, 1986).
16.44.110 Fee for mergers and unmergers.
A fee and/or deposit for processing mergers and unmergers at the request of an owner shall be charged to the owner in accordance with BMC 16.04.090. (Ord. 86-6, 1986).