Chapter 17.56
MERGER OF PARCELS
Sections:
17.56.010 Purpose of provisions.
17.56.030 Merger authorized when—Exceptions.
17.56.040 Mergers on or after January 1, 1984.
17.56.050 Effective date of mergers.
17.56.060 Proposed merger—Notice of intent to determine status.
17.56.070 Status determination—Request for hearing.
17.56.080 Status determination—Hearing and decisions.
17.56.100 Determination when no hearing is requested.
17.56.110 Notice of nonmerger.
17.56.120 Parcels with notice of merger recorded prior to January 1, 1984.
17.56.010 Purpose of provisions.
The ordinance codified in this chapter is enacted for the purpose of providing administrative procedures and setting forth those standards regulating the merger and unmerger of parcels, and to bring it into compliance with Section 6645 1.11 of the California Government Code. (Ord. 435-89 § 13.01, 1989)
17.56.020 Definitions.
As used in this chapter, the following terms shall have the following meanings:
“Contiguous” means touching or adjoining at more than one point. Property shall be considered contiguous even if it is separated by roads, streets, utility fees or easements or railroad rights-of-way.
“Merger” means the joining of two or more contiguous parcels or units of improved or unimproved land, which are held by the same owner or owners, into fewer parcels pursuant to this title. Parcels or units may include land division or subdivision lots, or lots created by deed.
“Minimum parcel size” means the minimum size to permit development under established zoning, subdivision or other city code.
Same Owner. Contiguous parcels or units of land may be considered to be held by the “same owner” if one owner holds at least a fractional share of two or more contiguous parcels. (Ord. 435-89 § 13.02, 1989)
17.56.030 Merger authorized when—Exceptions.
Except as provided for in this chapter, two or more contiguous parcels or units of land shall not merge by virtue of the fact that such contiguous parcels are held by the same owner if they were created in one of the following manners:
A. Pursuant to the provisions of the State Subdivision Map Act;
B. Pursuant to this title, or prior laws regulating the division of land;
C. Or were not subject to provisions of the Subdivision Map Act or this title at the time of their creation. If such creation has occurred, no further proceeding under the provisions of this title shall be required to permit sale, lease or financing of such contiguous parcels or units of land. (Ord. 435-89 § 13.03, 1989)
17.56.040 Mergers on or after January 1, 1984.
When any one of two or more contiguous parcels or units of land, which came into common ownership on or after January 1, 1984, does not conform to the standards for minimum parcel size under the Zoning Ordinance, the contiguous parcels shall merge if the requirements set forth below are satisfied. 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 intent to determine status is recorded:
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 of land;
B. With respect to any affected parcel, one or more of the following exist:
1. Comprises less than five thousand 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 under the city’s sewage standards and current standards for domestic water supply under the applicable city ordinance, 4. Does not meet slope stability standards of the Uniform Building Code and the city public works/building inspection department,
5. Has no legal access which is adequate for vehicle and safety equipment access and maneuverability. In determining whether legal access exists, the planning director, his designee or hearing officer, may consider evidence of prescriptive easements,
6. Its development would create health or safety hazards,
7. Is consistent with the general plan, the local coastal plan, or any applicable specific plans, other than minimum lot size or density standards;
C. Subsection B of this section shall not apply and merger may occur if the provisions of subsection A apply and 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 Section 421 of the Revenue and Taxation Code;
2. On or before July l, 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. (Ord. 435-89 § 13.04, 1989)
17.56.050 Effective date of mergers.
A merger of parcels or units of land becomes effective on the date the notice of merger is filed for record with the recorder of Sonoma County. A notice of merger shall specify the names of the record owner or owners and shall particularly describe the real property that is the subject of the merger. (Ord. 435-89 § 13.05, 1989)
17.56.060 Proposed merger—Notice of intent to determine status.
Prior to recording a notice of merger, the planning director shall cause to be mailed by certified mail to the then-current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in this title, advising the owner of the opportunity to request a hearing on determination of status, and to present evidence at the hearing that the property does not meet the criteria for merger. The notice shall also inform the owner or owners that the planning director or his designee is authorized to make a determination of merger or nonmerger in accordance with the Cloverdale Municipal Code, based on the information available from city records, in the event that a request for hearing is not filed within thirty days pursuant to Section 17.56.070. The notice of intention to determine status shall be filed for record with the county recorder on the date that notice is mailed to the property owner. (Ord. 435-89 § 13.06, 1989)
17.56.070 Status determination—Request for hearing.
At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file with the planning director a request for a hearing on determination of status. (Ord. 435-89 § 13.07, 1989)
17.56.080 Status determination—Hearing and decisions.
A. When a property owner files a request for hearing on determination of status, the hearing shall be conducted before the planning director or his designee. Notwithstanding anything within the city’s applicable ordinances to the contrary, decisions of the planning director or his designee are appealable to the planning commission.
B. Where the planning director determines that significant policy questions are at issue, the planning director may refer the determination of merger to the planning commission for action. Notwithstanding anything within the applicable city ordinances to the contrary, the decision of the planning commission is appealable to the city council. (Ord. 435-89 § 13.08, 1989)
17.56.090 Hearing procedures.
A. Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 66451.14 of the Government Code, the planning director shall fix a time, date and place for a hearing to be conducted by the planning commission or the planning director or his designee, as applicable, and shall so notify the property owner by certified mail. The hearing shall be conducted not more than sixty days following the planning director’s receipt of the property owner’s request for hearing, but may be postponed or continued with the mutual consent of the planning 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 standards for merger specified in this title. At the conclusion of the hearing, the planning commission or the planning director or his designee, as applicable, shall make a determination that the affected parcels are to be merged or are not to be merged and shall notify the owner of its determination. A determination of merger shall be recorded within thirty days after conclusion of the hearing as provided for in Section 66451.12 of the Government Code. (Ord. 435-89 § 13.09, 1989)
17.56.100 Determination when no hearing is requested.
If, within the thirty-day period specified in Section 17.56.070, the owner does not file a request for hearing on determination of status, the planning director may at that time or thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 66451.12 of the Government Code no later than ninety days following the mailing of notice required by Section 66451.15 of the Government Code. (Ord. 435-89 § 13.10, 1989)
17.56.110 Notice of nonmerger.
If, in accordance with Government Code Sections 66451.16 or 66451.17, the planning director, his designee, or the planning commission determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 66451.12 a release of the notice of intention to determine status, recorded pursuant to Section 66451.13, and shall mail a clearance letter to the then-current owner of record. (Ord. 435-89 § 13.11, 1989)
17.56.120 Parcels with notice of merger recorded prior to January 1, 1984.
To the extent parcels have previously merged pursuant to local ordinance and a notice of merger was recorded prior to January 1, 1984, the merger of such parcels shall remain unaffected by this chapter. (Ord. 435-89 § 13.12, 1989)