Chapter 9.88
PARCEL MERGERS
Sections:
9.88.030 Notice of intention to determine status.
9.88.040 Hearing on determination of status.
9.88.050 Determination of merger.
9.88.070 Determination when no hearing is requested.
9.88.080 Request to merge by property owner.
9.88.010 Purpose.
The purpose of this chapter is to provide for the submittal and processing of parcels to be merged in accordance with the Subdivision Map Act and the subdivision regulations. (Ord. 806 § 1, 2007).
9.88.020 Applicability.
Except as provided in Sections 66451.11(b)(A) through (E) of the Subdivision Map Act, two or more contiguous parcels or units of land held by the same owner may be merged, if any one of the parcels or units of land 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 or units of land is undeveloped with 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 which is also partially sited on a contiguous parcel or unit of land.
B. With respect to any affected parcel or unit of land, one or more of the following conditions exists:
1. The parcel comprises less than 5,000 square feet in area at the time of the determination of merger;
2. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
3. The parcel does not meet current standards for sewage disposal and domestic water supply;
4. The parcel does not meet slope stability standards;
5. The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
6. The parcel’s development would create health or safety hazards; or
7. The parcel is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.
This merger of parcels 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.
C. The owner of the affected parcels has been notified of the merger proposal pursuant to Section 66451.13 of the Subdivision Map Act, and is afforded the opportunity for a hearing pursuant to Section 66451.14 of the Subdivision Map Act. 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 in compliance with BGMC 9.88.030, Notice of intention to determine status. (Ord. 806 § 1, 2007).
9.88.030 Notice of intention to determine status.
Prior to recording a notice of merger, a notice of intention to determine status shall be prepared by the director and delivered to the current owner of record by certified mail. The notice shall state that the affected parcels or units of land may be merged pursuant to the subdivision regulations 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 with the county recorder by the director on the same day that the notice is mailed to the property owner. (Ord. 806 § 1, 2007).
9.88.040 Hearing on determination of status.
The owner of the affected property may file a written request for consideration by the planning commission 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 consideration by the planning commission and notify the owner of such hearing by certified mail. The planning commission shall consider the matter within 60 days following the receipt of the owner’s request, or the hearing may be postponed or continued by mutual consent of the director and the property owner.
The planning commission shall provide the property owner with an opportunity to present evidence that the affected property does not meet the requirements for merger specified in the subdivision regulations.
After consideration of the evidence presented, 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 determination of the planning commission shall be mailed to the property owner within five days of the date of the commission’s action. (Ord. 806 § 1, 2007).
9.88.050 Determination of merger.
If the planning commission makes a determination that the parcels are to be merged, a notice of merger shall be filed with the county recorder by the director within 30 days of the conclusion of the commission’s action, unless the decision has been appealed in compliance with BGMC 9.88.060, Appeal. The notice of merger shall specify the name of the record owner and a description of the property. The notice of merger under the subdivision regulations shall be in a form approved by the director 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 with the county recorder by the director within 30 days after the commission’s determination, and a clearance letter shall be delivered to the owner by certified mail. (Ord. 806 § 1, 2007).
9.88.060 Appeal.
The decision of the commission shall be considered final unless an appeal is filed in compliance with BGMC 9.76.090, Appeals. The decision of the commission, or any condition of approval, is appealable to the council. (Ord. 806 § 1, 2007).
9.88.070 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 director 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 with the county recorder by the director within 90 days after the mailing of the notice of intention to determine status in compliance with BGMC 9.88.030, Notice of intention to determine status. (Ord. 806 § 1, 2007).
9.88.080 Request to merge by property owner.
If the merger of contiguous parcels or units of land is initiated by the record owner, the owner may waive in writing the right for consideration by the planning commission and to all notices required by the subdivision regulations. Upon receipt of such waiver, the director shall simultaneously file with the county recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger.
In approving such merger, the city may impose reasonable conditions. The reasonableness of such conditions may be appealed, within 15 days of written notice of the conditions, to the city council in accordance with BGMC 9.76.090.
A fee to be charged at actual cost shall be charged to the applicant for processing such merger. A deposit may be required to be applied toward this fee. (Ord. 806 § 1, 2007).