The purpose of this chapter is to provide a method for the town-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.
(Prior Code, § 16.08.010) (Ord. 670, passed - -1998)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTIGUOUS. Sharing a common boundary.
MERGER. The process whereby contiguous parcels or units of land under the same ownership are merged, pursuant to Cal. Gov’t Code §§ 66451.10 et seq. and this chapter.
SLOPE STABILITY. The maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current engineering practice.
SLOPE STABILITY STANDARDS. Those standards that are necessary in order to insure that a slope achieves slope stability.
(Prior Code, § 16.08.020) (Ord. 670, passed - -1998)
(A) Applications for town-initiated mergers may be initiated by the Planning Director, the Planning Commission or the Town Council.
(B) A town-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 divisions (B)(1) and (2) below are satisfied.
(1) 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.
(2) Substandard conditions. With respect to any affected parcel, one or more of the following conditions exists:
(a) The parcel comprises less than 5,000 square feet in area at the time of the determination of merger;
(b) The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
(c) The parcel does not meet current standards for sewage disposal and domestic water supply;
(d) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
(e) Development of the parcel would create health or safety hazards;
(f) Existence of the parcel is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards; or
(g) The parcel does not meet slope stability standards.
(3) 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.
(4) Exceptions. Division (B)(2) above shall not apply if any of the conditions stated in Cal. Gov’t Code § 66451.11(b)(A), (C) or (D) exist.
(Prior Code, § 16.08.030) (Ord. 670, passed - -1998)
(A) Merger applications shall be reviewed by Planning Department staff.
(B) Notice of hearings and all other procedures shall be in accordance with the provisions of this section, pursuant to the Cal. Gov’t Code §§ 66451.15 through 66451.21.
(1) Notice of intention to declare status. Prior to recording a notice of merger, the Planning Director shall mail by certified mail a notice of intention to determine status to the current record owner of the property.
(a) The notice of intention to determine status shall state that the affected parcels may be merged pursuant to this chapter and that the owner may require a hearing before the Planning Director to present evidence that the property does not meet the criteria for merger.
(b) The notice of intention to determine status shall be filed for record with the county recorder on the date the notice is mailed to the property owner.
(2) Hearing. A written request for a hearing by the owner of the affected parcel may be filed to determine whether the parcel should or should not be merged. When a hearing is requested, the following procedures shall be followed:
(a) At any time within 30 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 Department.
(b) Upon receipt of the written request for a hearing, the Planning Director shall set a time, date and place for the hearing and notify the property owner of the information by certified mail. The hearing shall be conducted not more than 60 days following the filing of the property owner’s request for hearing, or may be postponed or continued by mutual written consent of the Director and the property owner.
(c) 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 § 16.28.030(B)(1) and (2).
(d) At the conclusion of the hearing, the Planning Director 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 § 16.28.030(B)(1) and (2). The owner shall be notified of the Director’s determination.
(e) The owner of the property may appeal the Planning Director’s determination pursuant to the procedures set forth in Chapter 17.036.
(3) Notice of merger. If it is decided that the parcels are to be merged, the Planning Director shall record a notice of merger with the County Recorder within the following time limits:
(a) Within 30 days after the conclusion of the hearing specified by division (B)(2) above;
(b) Within 30 days after the conclusion of the hearing convened as a result of the appeal specified in division (B)(2) above; or
(c) Within 90 days after the mailing of the notice of intention to determine status specified in division (B)(1) above, if the owner of the affected parcels has not filed a request for hearing within the time period specified in division (B)(2) above.
(4) Release of notice. If it is decided that the parcels are not to be merged, the Planning Director shall record 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.
(Prior Code, § 16.08.040) (Ord. 670, passed - -1998)