24-4
MERGER OF PARCELS1:
24-4.1 Purpose:
The purpose of this section and the following subsections relating to merger of parcels is to provide a procedure by which two (2) or more contiguous parcels or units of land held by the same owner may be merged, either by city initiated merger, subsections 24-4.2 to 24-4.10 of this section, or by voluntary merge, subsections 24-4.11 to 24-4.14 of this section. (Ord. #1579, §1)
24-4.2 City Initiated Merger:
The city may initiate a merger of any two (2) or more contiguous parcels or units of land held by the same owner as long as 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 five thousand (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 applicable general plan and any applicable specific plan, other than minimum lot size or density standards.
c. The requirements set forth in subsection 24-4.2b of this section shall not be applicable if any of the conditions set forth below2 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 July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in Government Code subdivision (f) of section 51104, or is land devoted to an agricultural use as defined in Government Code subdivision (b) of section 51201.
3. On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand feet (2,000') of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.
4. On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand feet (2,000') of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency.
5. Within the coastal zone, as defined in section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of insufficient size to support residential development and where the identification or designation has either: a) been included in the land use plan portion of a local coastal program prepared and adopted pursuant to the California coastal act of 19763, or b) prior to the adoption of a land use plan, been made by formal action of the California coastal commission pursuant to the provisions of the California coastal act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California coastal act is based. (Ord. #1579, §1)
24-4.3 Determination Of Ownership:
For purposes of determining whether contiguous parcels or units are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded. (Ord. #1579, §1)
24-4.4 Notice Of Intention To Determine Status:
Before the city records the notice of merger, the director of development services, or his/her designee shall do all of the following:
a. Mail by certified mail to the then current record owner of the property a notice of intention to determine status. Such notice shall state that:
1. The affected parcels may be merged pursuant to the standards specified in the city initiated merger provisions of this section,
2. The owner may file a request with the development services department anytime within thirty (30) days after the date the notice of intention to determine status is recorded for a hearing before the planning commission and may present evidence at the hearing that the property does not meet the criteria for merger, and
3. The notice of intention to determine status was filed for recording with the county recorder’s office on the same date such notice was mailed to the property owner.
b. File for record with the county recorder’s office, on the same date that the notice is mailed to the property owner, the notice of intention to determine status. (Ord. #1579, §1)
24-4.5 Hearing:
a. Upon receipt of a request for a hearing on determination of status, the director of development services, or his/her designee, shall fix a time, date and place for a hearing to be conducted by the planning commission, and shall so notify the property owner by certified mail. The hearing shall be conducted not more than sixty (60) days following the receipt of the property owner’s request thereof, but may be postponed or continued with the 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 as set forth in this section.
c. At the conclusion of the hearing, the planning commission shall make a determination as to whether the affected parcels are to be merged and shall notify the owner of its determination as soon thereafter as practicable, but no later than five (5) working days after the determination has been reached. If such notification cannot be made at the time of the hearing to the owner in person, the notification shall be made by certified mail.
d. The planning commission may, at the close of the hearing, determine that the parcels are not to be merged notwithstanding the fact that the affected parcels have met all the requirements set forth in this section. (Ord. #1579, §1)
24-4.6 Recording Notice Of Merger:
a. If the planning commission determines that the affected parcels are merged, the director of development services or his/her designee shall file for record with the county recorder’s office a notice of merger specifying the names of the record owners and particularly describing the real property to be merged.
b. The notice of merger shall be filed no later than thirty (30) days after the conclusion of the hearing on determination of status, unless a timely appeal from the planning commission’s determination is filed pursuant to subsection 24-4.10 of this section. (Ord. #1579, §1)
24-4.7 Effective Date Of Merger:
A merger of parcels becomes effective on the date the notice of merger is duly filed with the county recorder’s office. (Ord. #1579, §1)
24-4.8 Release Of Notice Of Intention To Determine Status:
If the planning commission determines that the affected parcels are not to be merged, the director of development services or his/her designee shall:
a. File for record with the county recorder’s office a release of the notice of intention to determine status, recorded pursuant to this section, specifying the names of the record owners and particularly describing the real property to be merged; and
b. Mail a clearance letter to the then current owner of record;
c. The release and clearance letter shall be filed and mailed, respectively, within five (5) working days of the date of the planning commission’s determination. (Ord. #1579, §1)
24-4.9 Planning Commission Determination Without Hearing:
a. If the property owner fails to file a request for hearing within the thirty (30) day period as provided in this section, the director of development services or his/her designee may, at any time thereafter, make a determination as to whether the affected parcels are to be merged.
b. If the director of development services or his/her designee makes a determination of merger, he/she shall file a notice of merger no later than ninety (90) days after the mailing of the notice of opportunity for hearing and shall notify the property owner of such determination by certified mail.
c. If the director of development services or his/her designee makes a determination of nonmerger, he/she shall follow the procedure set forth in subsection 24-4.8 of this section. (Ord. #1579, §1)
24-4.10 Appeal Of City Initiated Mergers:
a. The decision of the planning commission may be appealed to the city council or its designated hearing officer or hearing body in accordance with this code. The city council shall consider the appeal within thirty (30) days. This appeal shall be a duly noticed public hearing. Notice by certified mail shall further be given to the property owner. The city council may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are consistent with the provisions of this section or the state subdivision map act. Notice of the city council’s, or its designated hearing officer’s, decision shall be served either personally or by United States mail, return receipt requested, by the city clerk to the property owner or other appellant within ten (10) business days of the decision. The decision shall include notification of section 1094.6 of the California Code of Civil Procedure. Should the certified mailed notice be returned to the city for any reason, the city shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first class mail with postage fully paid.
b. All decisions of the planning commission regarding the merger or nonmerger of parcels shall be final, unless appealed from as prescribed in this section, in which case, the decision of the city council or its designated hearing officer shall be final and conclusive.
c. If the city council affirms the decision of the planning commission or the action of the commission becomes final, the director of development services or his/her designee, within thirty (30) days of the decision of the city council, shall file for record a notice of merger with the county recorder’s office, and mail a copy of such notice to the property owner.
d. If the city council reverses the decision of the planning commission, the director of development services or his/her designee, within thirty (30) days of the decision of the city council, shall file for record a release of the notice of intention to determine status with the county recorder’s office, and mail a copy of such release to the property owner. (Ord. #1579, §1)
24-4.11 Voluntary/Owner-Initiated Merger Of Parcels; Authority:
Pursuant to Government Code section 66499.20 3/4, the merger of two (2) or more contiguous parcels of land under common ownership may be merged without reverting to acreage upon application by the owner of record. An appropriate instrument, the certificate of compliance, shall be recorded evidencing the merger.
a. An owner of land may initiate the merger of two (2) or more contiguous parcels as long as:
1. The lots to be merged are under common ownership at the time of merger; and
2. The lots as merged will be consistent with or will be more closely compatible with the applicable zone district regulations and other regulations relating to the subject property; and
3. The owner applies for a certificate of compliance for merger of parcels; and
4. The application is approved. (Ord. #1579, §1)
24-4.12 Application For Certificate Of Compliance:
a. An owner of real property may file an application of a certificate of compliance. The applicant shall comply with all requirements set forth below:
1. The owner or owner’s representative shall submit an application and filing fee to the director of development services.
2. The application shall consist of the following:
(a) A completed application.
(b) Payment of any appropriate fee or fees.
(c) A certificate of compliance, which shall be completed, signed and acknowledged before a notary public.
(d) Complete and updated title report.
(e) Documentation showing that the existing parcels are legal parcels, which can be shown by:
(1) Providing copies of the latest assessor’s map of the parcels in question and surrounding area on all sides;
(2) Providing copies of underlying record maps;
(3) Providing copies of documents creating the existing configuration and the deeds of acquisition by current owners. Deeds to adjacent properties may be required to show seniority;
(4) Any and all other documents which may be necessary to prove the legality of the existing parcels or to complete the interpretation of legal descriptions in other documents.
(f) Documentation showing traverse closures of existing parcels.
(g) Documentation showing traverse closures of proposed parcels.
(h) Documentation acknowledged before a notary public evidencing the approval of merger from all owners, trust deed holders, and lien holders. (Ord. #1579, §1)
24-4.13 Process Of Application For A Certificate Of Compliance:
a. The owner or owner’s representative shall submit an application and filing fee to the director of development services. The director of development services shall review the application and when deemed complete, shall forward the application to the city engineer.
b. The city engineer or his designee, shall review, approve, conditionally approve or deny the certificate of compliance within thirty (30) days subsequent to submission thereof.
c. If the merger is approved, the certificate of compliance, which has been prepared by the applicant and submitted as a part of this application, will be reviewed and approved by the city engineer and forwarded to the applicant for recordation. Upon recordation, a copy is to be provided to the city. (Ord. #1579, §1)
24-4.14 Appeal Of Voluntary/Owner-Initiated Merger:
a. The decision of the city engineer or his designee, and the findings in support of that decision, shall be in writing and served upon applicant either personally or by certified United States mail, return receipt requested, within ten (10) business days after the decision is rendered. Should the certified mailed notice be returned to the city for any reason, the city shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first class mail with postage fully paid. The decision shall include notification of the applicant’s right to file a written request to appeal the decision to the planning commission within ten (10) days after service of the decision. Such appeal must be filed on the appropriate form and shall be accompanied by a fee adopted by city council resolution.
b. An appeal hearing shall be scheduled within thirty (30) days after the date of the filing of the appeal.
c. All decisions of the city engineer regarding the merger parcels shall be final, unless appealed to the planning commission, in which case, the decision of the planning commission shall be final and conclusive.
d. On appeal, the planning commission will review the city engineer’s decision and hear any new evidence and testimony, if any. In deciding the appeal, the planning commission may affirm, reverse, or modify the city engineer’s decision. If the planning commission affirms the decision of the city engineer, that decision becomes final. (Ord. #1579, §1)
24-4.15 Authority Of The City Or Subdivider:
Nothing in the provisions relating to the merger of parcels is meant to abrogate or limit the authority of the city or a subdivider with respect to the following procedures within the subdivision map act:
a. Lot line adjustments;
b. Amendment or correction of a final or parcel map;
c. Reversions to acreage;
d. Exclusions; or
e. Tentative, parcel or final maps. (Ord. #1579, §1)
24-4.16 Further Rules And Regulations:
The city council reserves the right to adopt by resolution additional rules and regulations which shall become effective immediately upon adoption, governing the implementation of the specific procedures of this section. (Ord. #1579, §1)
Prior ordinance history: Code 1972 §29-4; Ord. #1063, §1.
Gov.C. §§66451.11(b)(A)-(E).
Pub.Res.C. div. 20.