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.
16.44.050 Appeals of planning commission action review.
16.44.060 Determination when no hearing is requested.
16.44.070 Request to merge by property owner.
16.44.090 Request for determination by owner.
16.44.100 Fee for mergers and unmergers.
16.44.010 Mergers required.
In accordance with the provisions of Sections 66451.10 et seq. of the Subdivision Map Act, 2 or more contiguous parcels or units held by the same owner shall be considered as merged if 1 of the parcels or units does not conform to the minimum parcel or lot size required by Title 17 of this code, and if all of the following requirements are satisfied:
A. At least 1 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, 1 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 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. 702 § 1 (part), 1991)
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 record owner 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 planning commission 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. 702 § 1 (part), 1991)
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 planning commission 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 planning commission 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 planning commission shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The notice of determination shall be mailed to the property owner by the department within 5 days of the date of the hearing. (Ord. 702 § 1 (part), 1991)
16.44.040 Determination of merger.
If the planning commission 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 Section 16.44.050. The notice of merger shall specify the name of the record owner and a description of the property. The notice of merger under this chapter shall be in a form approved by the city engineer and shall be approved by the city engineer prior to being filed for record with the county recorder.
B. If the planning commission 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 planning commission determination and a clearance letter shall be mailed to the owner by the department. (Ord. 702 § 1 (part), 1991)
16.44.050 Appeals of planning commission action review.
The determination of the planning commission may be appealed to the city council in accordance with Section 16.16.100; provided that the appeal shall be filed within 10 days of the date of the notice of determination and the city council shall hear the appeal within 60 days from the date of appeal. If, after hearing, the city council 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 city council 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. 702 § 1 (part), 1991)
16.44.060 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 planning commission 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 Section 16.44.020. (Ord. 702 § 1 (part), 1991)
16.44.070 Request to merge by property owner.
If the merger of contiguous parcels or units is initiated by the record owner, the owner may waive in writing the right to a hearing before the planning commission and to all notices required by this chapter. Upon receipt of such waiver, the department shall simultaneously file for record with the county recorder a notice of intention to determine status, the waiver of right of hearing and notice and a notice of merger. (Ord. 702 § 1 (part), 1991)
16.44.080 Unmerged parcels.
In accordance with the provisions of Sections 66451.30 et seq. of the Subdivision Map Act, 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 hazards,
7. The unmerged parcel would be consistent with the general plan and any applicable specific plan, other than minimum lot size or density standards; and
B. 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 exist. (Ord. 702 § 1 (part), 1991)
16.44.090 Request for determination by owner.
A. Upon written application made by the owner to the department, the planning commission shall make a determination that the affected parcels have merged or are to be merged. If the planning commission determines that the parcels have not merged, the owner shall be so notified by the department.
B. If the planning commission determines that the parcels have merged and that they meet the requirements for un-merger in Section 16.44.080, a notice of status, as approved by the city engineer, 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 planning commission determines that the parcels have merged and do not meet the unmerger requirements in Section 16.44.080, 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 planning commission as provided in Section 16.44.050.
D. The city council may review the planning commission’s determination as provided in Section 16.44.050. (Ord. 702 § 1 (part), 1991)
16.44.100 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 Section 16.04.070. (Ord. 702 § 1 (part), 1991)