Chapter 17.28
LOT MERGER
Sections:
17.28.015 Notification of intention to determine status.
17.28.020 Hearing to determine status re: merger.
17.28.025 Determination of status re: merger when no hearing requested.
17.28.030 Exception to merger.
17.28.035 Voluntary merger of parcels.
17.28.010 Merger of parcels.
Two or more parcels of real property may be merged by the planning commission when the following conditions are met:
A. The parcels are contiguous.
B. The parcels have the same ownership as of the date that notice of intention to determine status is recorded.
C. At least one of the parcels is nonconforming, having an area less than the minimum prescribed area for the zoning district in which they are located.
D. At least one of the parcels is either:
1. Undeveloped, having no structure on it for which a building permit is required (at the time of notice of intention to determine status); or
2. Developed only with an accessory building; or
3. Developed with a structure for which a building permit is required at the time of notice of determination of status, located partially on it, and partially on the contiguous parcel.
E. At least one or more of the following conditions exist with respect to any affected parcel, at the time of notice of determination of status:
1. It comprises less than five thousand square feet in area.
2. It was not created in conformance with applicable laws and ordinances in effect at the time of its creation.
3. It does not meet current standards for sewage disposal and domestic water supply.
4. It does not meet slope stability standards.
5. It 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. It is inconsistent with the general plan and any specific plan for reasons other than minimum parcel size or density standards. (Ord. 3-94 §1(part), 1994).
17.28.015 Notification of intention to determine status.
A. A written notice shall be sent to the owner(s) of the parcels affected, notifying them of the city’s intention to determine status and describing the procedure and standards, as set forth herein, for merger to occur.
B. The notice of intention shall be sent by certified mail, return receipt requested, to the owner(s) of the affected parcels.
C. A copy of the notice of intention shall be recorded with the county recorder of San Mateo County on the same date the notice is mailed to the property owner(s).
D. The written notice of intention shall advise the owner(s) that a hearing before the planning commission may be requested, within thirty days of the date of said notice, by written application to the city’s community development director to determine the status of the affected parcels, and to present evidence that the said parcels do not meet the standards for merger.
E. Upon receiving an application for hearing on determination of status, the community development director shall place the matter within sixty days on the planning commission agenda and shall send the property owner(s) notice of the time and place of hearing, by certified mail, return receipt requested.
F. All written notices shall be sent to the owner(s) of the affected parcels as they appear on the last tax assessor’s roll in San Mateo County. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.28.020 Hearing to determine status re: merger.
A. The planning commission shall receive evidence from the community development director as to the affected property meeting the standards for merger, and shall allow the property owner(s) the opportunity to rebut said evidence, and to present any evidence that the affected property should or should not be merged. At the end of the hearing the planning commission shall make a determination whether the affected parcels do or do not meet the standards for merger and should be merged. The community development director shall, within thirty days of the decision, send written notice thereof to the affected property owners.
B. If the planning commission determines the parcels are to be merged, the community development director shall within thirty days of the decision have recorded with the San Mateo County recorder a “notice of merger” describing the real property, the owners, and the planning commission action.
C. If the planning commission determines that the parcels shall not be merged the community development director shall within thirty days of the decision have recorded with the San Mateo County recorder a release of the notice of intention to merge.
D. The merger of the affected parcels becomes effective on the recordation of the notice of merger. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.28.025 Determination of status re: merger when no hearing requested.
If within the thirty-day period specified in Section 17.28.020 the owner(s) of affected parcels do not request a hearing under said section, the community development director shall place the matter on the planning commission agenda and the planning commission shall determine whether the parcels affected shall be merged or not. The community development director shall provide notice of the planning commission action to the property owner(s) affected, and record either a notice of merger, or release of notice of intention to merge, whichever is appropriate, in accordance with the procedures in Section 17.28.020. The notice of merger or release of notice of intention to merge must be recorded with the San Mateo County recorder within ninety days of the mailing and recording of the initial notice of intention to merge. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.28.030 Exception to merger.
Parcels otherwise eligible for merger under the provisions of this chapter shall be exempt if one of the following conditions exists:
A. On or before July 1, 1981, one or more of the contiguous parcels 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.
B. On or before July 1, 1981, one or more of the contiguous parcels is timberland as defined in subdivision (f) of Section 51104 of the Government Code, or its land devoted to an agricultural use as defined in Section 51201(b) of the Government Code. (Ord. 3-94 §1(part), 1994).
17.28.035 Voluntary merger of parcels.
Pursuant to the authority granted the city in Government Code Section 66499.20 ¾, the planning director may approve the merger of contiguous parcels under common ownership without reverting to acreage.
A. Application Requirements. Applications for the voluntary merger of contiguous parcels under common ownership shall be filed with the city’s planning department in the form of a written request. The request shall be signed by all legal owners of the property and accompanied by a plat of the properties to be combined and a preliminary title report verifying ownership of said contiguous parcels. The plat shall be no smaller than an eight-and-one-half-by-eleven-inch sheet, which shall reflect the metes and bounds description and the legal description. Applications filed pursuant to this section shall include a nonrefundable processing fee in an amount as set forth in the master fee schedule of the city adopted by resolution of the city council. Where the merger of the parcels is required as a condition of approval for a previous entitlement granted by the city, and the application submitted would not result in or involve a change or deviation in the nature or scope of the entitlement granted by the city, the nonrefundable processing fee shall be waived. Applications so filed must be accompanied by: (1) a copy of the document granting the entitlement; and (2) a copy of the conditions of approval.
B. Criteria for Review and Action. The planning department shall distribute copies of the application to the city engineer and/or director of public works, the chief building official and the planning director, who together shall review it for conformity with this title and all other provisions of this code, the general plan and the local coastal program (LCP). The city engineer and/or director of public works and the chief building official shall report their findings to the planning director. If the proposed merger is in conformance with the provisions of the municipal code, the general plan and the LCP, the planning director shall approve the application for parcel merger.
C. Recordation of Notice of Parcel Merger.
1. Upon approval of the parcel merger, the city shall issue a notice of approval for parcel merger, signed by the planning director, which the city shall submit to the county of San Mateo for recordation. The form and content of the notice shall be as established by the planning director. The recording of the notice shall constitute legal merger of the affected parcels.
2. Notwithstanding any fee waiver granted pursuant to subsection A of this section, the applicant(s) shall be responsible for the payment of any and all fees required to record the notice. Prior to the submitting of a notice for recordation, the applicant(s) shall deposit with the city sufficient funds to cover all recordation fees. The amount of the deposit required shall be determined and set forth in writing by the planning director.
D. Merger Approval Report. The planning director shall furnish the planning commission with a monthly report informing the commission of parcel mergers approved pursuant to this section. The report shall be furnished at a regularly scheduled meeting of the planning commission. (Ord. C-2-03 §1, 2003).