§ 22-11 PARCEL MERGERS AND UNMERGERS

Two (2) or more contiguous parcels or units held by the same owner shall be considered as merged if one (1) of the parcels or units does not conform to the minimum parcel or lot size required by the zoning ordinances of the City and if all of the following requirements are satisfied:

• a. At least one (1) 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 (1) or more of the following conditions exist:

  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 the 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 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 section.

• d. Paragraph b shall not apply if any of the conditions stated in Section 66451.11 (b), (A), (B), (C), (D) or (E) of the Subdivision Map Act exist.

Prior to recording a Notice of Merger, the City 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 section and that, within thirty (30) days from the date the Notice of Intention was recorded, the owner may request a hearing before the Planning and Zoning 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 at the Office of the Alameda County Recorder on the same day that the Notice is mailed to the property owner.

The owner of the affected property may file a written request for hearing with the City within thirty

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City of Albany, CA § 22-11.3

SUBDIVISION

§ 22-11.7

(30) days after recording of the Notice of Intention to Determine Status. Upon receipt of the request, the Planning Director shall set a time, date and place for a hearing before the Planning and Zoning Commission and notify the owner by certified mail. The hearing shall be conducted within thirty(30) days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Planning and Zoning 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 section.

At the conclusion of the hearing, the Planning and Zoning 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 City within five (5) days of the date of the hearing.

If the Planning and Zoning 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 City within thirty (30) days of the conclusion of the hearing, unless the decision has been appealed pursuant to subsection 22-11.5. The Notice of Merger shall specify the name of the record owners and a description of the property. The Notice of Merger under this section shall be in a form approved by the City Engineer and the Planning Director prior to being filed for record with the County Recorder.

If the Planning and Zoning 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 and a clearance letter shall be mailed to the owner by the City.

The determination of the Planning and Zoning Commission may be appealed to the City Council by filing a written Notice of Appeal within ten (10) calendar days of the date of the Notice of Determination. The City Council shall hear the appeal within thirty (30) 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 section, the City Clerk shall within the thirty (30) 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.

If the owner does not file a request for hearing within thirty (30) days of the recording of the Notice of Intention to Determine Status, the Planning and Zoning 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 City within ninety (90) days of the mailing of the Notice of Intention to Determine Status.

If the merger of contiguous parcels or units is initiated by the record owner(s), the owner(s) may waive in writing the right to a hearing before the Planning and Zoning Commission and to all notices required by this section. Upon receipt of such waiver, the City 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

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City of Albany, CA § 22-11.7

ALBANY CODE

Any parcel which has merged under the provisions of any law prior to January 1, 1984 and for which a Notice of Merger has not been recorded on or before that date, shall be unmerged if on that date:

• a. The parcel meets each of the following criteria:

  1. Contains at least five thousand (5,000) square feet in area.

  2. Was created in compliance with applicable laws and ordinances in effect at the time of its creation.

  3. Meets current standards for sewage disposal and domestic water supply.

  4. Meets slope density standards.

  5. Has legal access which is adequate for vehicular and safety equipment access and maneuverability.

  6. Its unmerger and development would create no health or safety hazards.

  7. The unmerged parcel would be consistent with the General Plan, and any applicable specific plan, other than minimum lot size or density standards.

• b. And, with respect to the parcel, none of the conditions stated in Section 66451.30 (b) (1), (2), (3), (4) or (5) of the Subdivision Map Act exist.

Upon written application made by owner, the Planning and Zoning Commission shall make a determination that the affected parcels have merged or are to be merged. If the Planning and Zoning Commission determines that the parcels have not merged, the owner shall be so notified by the City.

If the Planning and Zoning Commission determines that the parcels have merged and that they meet the requirements for unmerger a Notice of Status as approved by the City Engineer and the Planning Director shall be issued to the owner and filed for record with the County Recorder by the City which shall identify each parcel and declare that they are unmerged pursuant to this section.

If the Planning and Zoning Commission determines that the parcels have merged and do not meet the unmerger requirements in subsection 22-11.8, a Notice of Merger specifying the record owner and a description of the parcel shall be issued to the owner and recorded with the County Recorder. The owner may appeal the decision of the Planning Commission as provided in subsection 22-11.5.

The fee and/or deposit for processing mergers and unmergers at the request of an owner shall be charged to the owner and shall be the actual cost of City staff time spent on the application as required by City Council Resolution.

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City of Albany, CA § 22-12.1

SUBDIVISION

§ 22-12.4