Chapter 16.22
PARCEL MERGERS
Sections:
16.22.020 Notice of intention to determine status.
16.22.030 Hearing on determination of status.
16.22.040 Determination of merger.
16.22.050 Appeals and planning commission review.
16.22.060 Determination when no hearing is requested.
16.22.070 Request to merge by property owner.
16.22.010 Mergers required.
Two or more contiguous parcels or units held by the same owner may be considered as merged if one of the parcels or units does not conform to the minimum parcel or lot size required by this title, 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 following conditions exists:
1. Comprises less than six 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 and domestic water supply,
4. Does not meet slope stability standards,
5. Has no legal access which is adequate for vehicular safety equipment 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 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. 808 (part), 2001)
16.22.020 Notice of intention to determine status.
Prior to initiating a 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 article and that, within thirty 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. 808 (part), 2001)
16.22.030 Hearing on determination of status.
The owner of the affected property may file a written request for a hearing with the department within thirty 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 sixty 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.
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.
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 five days of the date of, the hearing. (Ord. 808 (part), 2001)
16.22.040 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 thirty days of the conclusion of the hearing, unless the decision has been appealed pursuant to Section 16.22.050. 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.
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 thirty days after the planning commission determination, and a clearance letter shall be mailed to the owner by the department. (Ord. 808 (part), 2001)
16.22.050 Appeals and planning commission review.
The determination of the planning commission shall be appealed first to the city council provided that the appeal shall be filed within fifteen days of the date of the notice of determination and the city council shall hear the appeal within sixty 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 thirty 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. 808 (part), 2001)
16.22.060 Determination when no hearing is requested.
If the owner does not file a request for a hearing within thirty 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 ninety days after the mailing of the notice of intention to determine status pursuant to Section 16.22.020. (Ord. 808 (part), 2001)
16.22.070 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. 808 (part), 2001)