Chapter 16.24
STATUTORY MERGERS
Sections:
16.24.020 Requirements for application.
16.24.010 Purpose.
The purpose of this chapter is to provide a method for city-initiated merger of two or more existing, contiguous parcels or units of land in order to achieve orderly development, protect new development, and implement the policies of the general plan. (Ord. 05-002 § 1 (part), 2005)
16.24.020 Requirements for application.
Applications for city-initiated mergers may be initiated by the planning division, the planning commission, or the city council. A city-initiated merger may proceed only if one of the parcels or units has less area than the minimum parcel area or lot area required for new parcels or lots by the regulating zone, and if the following requirements of subsections A and B are satisfied.
A. Development. At least one of the affected parcels is not developed with a 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 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. Substandard Conditions. With respect to any affected parcel, one or more of the following conditions exists:
1. The parcel comprises less than five thousand 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. Development of the parcel would create health or safety hazards; or
7. Existence of the parcel is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.
C. Ownership. 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. Exceptions. Subsection B of this section shall not apply if any of the conditions stated in Sections 66451.11(b)(A), (B), (C), or (D) of the Government Code exist. (Ord. 05-002 § 1 (part), 2005)
16.24.030 Review procedures.
Merger applications shall be reviewed by planning division staff. Notice of hearings and all other procedures shall be in accordance with the provisions of this section, pursuant to Sections 66451.15 through 66451.21 of the Government Code.
A. Notice of Intention to Determine Status. Prior to recording a notice of merger, the planning manager shall mail by certified mail a notice of intention to determine status to the current record owner of the property.
1. The notice of intention to determine status shall state that the affected parcels may be merged pursuant to this article and that the owner may request a hearing before the planning manager to present evidence that the property does not meet the criteria for merger.
2. The notice of intention to determine status shall be filed with the county recorder on the date the notice is mailed to the property owner.
B. Hearing. The owner of the affected parcels may file a written request for a hearing to determine whether his or her parcels should or should not be merged. When a hearing is requested, the following procedures shall be followed:
1. At any time within thirty calendar days after the recording of the notice to determine status, the owner of the affected property may file a written request for a hearing with the planning division;
2. Upon receipt of the written request for a hearing, the planning manager shall set a time, date, and place for the hearing and notify the property owner by certified mail. The hearing shall be conducted not more than sixty days following the filing of the property owner’s request for hearing, or may be postponed or continued by mutual written consent of the planning manager and the property owner;
3. 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 subsections A and B of this section;
4. At the conclusion of the hearing, the planning manager shall make a determination that the parcels are to be merged or are not to be merged, based on the standards for merger specified in subsections A and B of this section. The owner shall be notified in writing of the planning manager’s determination;
5. The owner of the property may appeal the planning manager’s determination to the planning commission within ten days after the determination is sent to the owner.
C. Notice of Merger. If it is decided that the parcels are to be merged, the planning manager shall file a notice of merger with the county recorder within the following time limits:
1. Within thirty days after the conclusion of the hearing specified by subsection B of this section;
2. Within thirty days after the conclusion of the hearing convened as a result of the appeal specified in subsection B of this section; or
3. Within ninety days after the mailing of the notice of intention to determine status specified in subsection A of this section, if the owner of the affected parcels has not filed a request for hearing within the time period specified in subsection B of this section.
D. Release of Notice of Intention to Determine Status. If it is decided that the parcels are not to be merged, the planning manager shall file a release of the notice of intention to determine status with the county recorder and shall mail a clearance letter to the recorded owner of the affected parcels. (Ord. 05-002 § 1 (part), 2005)