American Canyon Municipal Code Ch. 18.28 Lot Mergers and Reversions to Acreage

Two or more parcels of real property may be merged by the planning

commission when the following conditions are met:

(A) The parcels are contiguous;

(B) The parcels have the same ownership as of the date that notice of intention to determine status is recorded;

(C) At least one of the parcels is nonconforming, having an area less than the minimum prescribed area for the zoning district in which they are located;

(D) At least one of the parcels is either:

(1) Undeveloped, having no structure on it for which a building permit is required (at the time of notice of intention to determine status), or

(2) Developed only with an accessory building, or

(3) Developed with a structure for which a building permit is required at the time of notice of determination of status, located partially on it, and partially on the contiguous parcel;

(E) At least one or more of the conditions exist with respect to any affected parcel, at the time of notice of determination of status:

(1) It comprises less than five thousand square feet in area,

(2) It was not created in conformance with applicable laws and/ordinances in effect at the time of its creation,

(3) It does not meet current standards for sewage disposal and domestic water supply,

(4) It does not meet slope stability standards,

(5) It 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) It is inconsistent with the general plan, and any specific plan for reasons other than minimum parcel size or density standards.

Ord. 98-10 § 1, 1998

(A) A written notice shall be sent to the owner(s) of the parcels affected, notifying them of the city's intention to determine status and describing the procedure and standards, as set forth herein, for merger to occur.

(B) The notice of intention shall be sent by certified mail, return receipt requested to the owner(s) of the affected parcels.

(C) A copy of the notice of intention shall be recorded with the county recorder of Napa County on the same date the notice is mailed to the property owner(s).

(D) The written notice of intention shall advise the owner(s) that a hearing before the planning commission may be requested, within thirty days of the date of said notice, by written application to the city's community development director to determine the status of the affected parcels, and to present evidence that the said parcels do not meet the standards for merger.

(E) Upon receiving an application for hearing on determination of status, the community development director shall place the matter within sixty days on the planning commission agenda and shall send the property owner(s) notice of the time and place of hearing, by certified mail, return receipt requested.

(F) All written notices shall be sent to the owner(s) of the affected parcels as they appear on the last tax assessor's roll in Napa County.

Ord. 98-10 § 1, 1998

(A) The planning commission shall receive evidence from the community development director as to the affected property meeting the standards for merger, and shall allow the property owner(s) the opportunity to rebut said evidence, and to present any evidence that the affected property should or should not be merged. At the end of the hearing the planning commission shall make a determination whether the affected parcels do or do not meet the standards for merger and should be merged. The community development director shall, within thirty days of the decision, send written notice thereof to the affected property owners.

(B) If the planning commission determines the parcels are to be merged, the community development director shall within thirty days of the decision, have recorded with the Napa County recorder a "notice of merger" describing the real property, the owners, and the planning commission action.

(C) If the planning commission determines that the parcels shall not be merged the community development director shall, within thirty days of the decision have recorded with the Napa County recorder a release of the notice of intention to merge.

(D) The merger of the affected parcels becomes effective on the recordation of the notice of merger.

Ord. 98-10 § 1, 1998

If within the thirty-day

period specified in Section 18.28.020(A) of this chapter the owner(s) of affected parcels do not request a hearing under said section, the community development director shall place the matter on the planning commission agenda and the planning commission shall determine whether the parcels affected shall be merged or not. The community development director shall provide notice of the planning commission action to the property owner(s) affected, and record either a notice of merger, or release of notice of intention to merge, whichever is appropriate, in accordance with the procedures in Section 18.28.020 of this chapter. The notice of merger, or release of notice of intention to merge must be recorded with the Napa County recorder within ninety days of the mailing and recording of the initial notice of intention to merge.

Ord. 98-10 § 1, 1998

Parcels otherwise eligible for merger under the provisions of this title shall

be exempt if one of the following conditions exists:

(A) On or before July 1, 1981, one or more of the contiguous parcels 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.

(B) On or before July 1, 1981, one or more of the contiguous parcels is timberland as defined in Subdivision (f) of Section 51104 of the Government Code, or is land devoted to an agricultural use as defined in Section 51201(b) of the Government Code.

Ord. 98-10 § 1, 1998

A reversion to acreage shall be accomplished in conformance with Chapter

6 of the Subdivision Map Act. A tentative parcel map may be filed for the purpose of reverting to acreage land previously subdivided and consisting of four or less contiguous parcels under one ownership. All maps filed for the purpose of reverting land to acreage shall be conspicuously so designated under the title "The purpose of this Map is a Reversion to Acreage."

Ord. 98-10 § 1, 1998