Belvedere Municipal Code Ch. 18.34 Merger of Contiguous Parcels

MERGER OF CONTIGUOUS PARCELS

Sections:

• 18.34.010 Conditions for merger of contiguous parcels.

• 18.34.020 Effective date of merger.

• 18.34.030 Notice of intent to determine status.

• 18.34.040 Request for hearing.

• 18.34.050 Hearing on determination of status.

• 18.34.060 Determination of status.

• 18.34.070 Minor subdivision (lot split) not precluded.

• 18.34.080 Reversion to acreage.

• 18.34.090 Property owner-initiated merger of contiguous parcels.

A. Notwithstanding any other ordinances or regulations to the contrary, and notwithstanding the fact that such lots may have been legal when created, two or more contiguous parcels or units of land which are held by the same owner shall merge if any one of the contiguous parcels does not conform to the standards for minimum parcel size prescribed by Title 19, and where all of the following requirements are satisfied

1. At least one 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 a 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;

2. With respect to any affected parcel, one or more of the following conditions exists:

   • a. Comprises less than five thousand square feet in area at the time of the determination of merger,

   • b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation,

   • c. Does not meet current standards for sewage disposal and domestic water supply,

   • d. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability,

   • e. Does not meet slope stability standards,

   • f. Its development would create health or safety hazards,

   • g. Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards;

B. Parcels or units of land are held by the same owner within the meaning hereof where the same person owns or otherwise effectively controls the fee title to said property. (Ord. 89-2 § 2, 1989; Ord. 84-2 § 2, 1984; Ord. 80-1 § 17, 1980; Ord. 185B NS § 1, 1973; prior code § 24-15(d).)

A merger of parcels shall become effective when the City Clerk files with the County Recorder a notice of merger specifying the names of the record owners and describing the real property. (Ord. 89-2 § 2, 1989.)

Prior to recording a notice of merger, the City Clerk shall mail by certified mail a notice of intention to determine status to the then-current record owner of the property, notifying the owner that the affected parcels may be merged pursuant to standards specified in this Chapter, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed with the County Recorder on the date that notice is mailed to the property owner. (Ord. 89-2 § 2, 1989.)

A. At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file with the local agency a request for a hearing on determination of status.

B. If within the thirty-day period provided for requesting a hearing the owner does not file a request for a hearing in accordance with Subsection (A) of this Section, the City Council may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 18.34.020 no later than ninety days following the mailing of notice required by Section 18.34.030. (Ord. 89-2 § 2, 1989.)

Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 18.34.040, the City Clerk shall fix a time, date, and place for a hearing before the City Council, and shall notify the property owner of that time, date, and place for the hearing by certified mail. The hearing shall be conducted not more than sixty days following the City’s receipt of the property owner’s request for the hearing, but may be postponed or continued with the mutual consent of the local agency and the property owner. (Ord. 89-2 § 2, 1989; Ord. 84-2 § 2, 1984; Ord. 80-1 § 17, 1980; Ord. 185B NS § 1, 1973; prior code § 24-15(d).)

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in Section 18.34.010. At the conclusion of the hearing, the City Council shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination that the parcels are not to be merged may be made whether or not the affected property meets the standards for merger specified in Section 18.34.010

If the City Council determines that the subject property shall be merged, a determination of merger shall be recorded within thirty days after conclusion of the hearing, as provided for in Section 18.34.020.

If the City Council determines that the subject property shall not be merged, it shall record with the County Recorder a release of the notice of intention to determine status, and shall mail a clearance letter to the then current owner of record. (Ord. 89-2 § 2, 1989.)

Nothing in this Chapter shall be construed to preclude a property owner from applying to the City for a minor subdivision or lot split. (Ord. 89-2 § 2, 1989; Ord. 84-2 § 2, 1984; Ord. 80-1 § 17, 1980; Ord. 185B NS § 1, 1973; prior code § 24-15(d).)

Any property owner owning contiguous parcels which have not been merged may apply to the City to merge the parcels, and revert them to undivided acreage. Likewise, if a determination is made that the improvements required under a final map or parcel map which has been recorded have not been made for a period of two years, the City may initiate a reversion to acreage of the lots contained within the boundaries of said map. The procedures shall be the same as set forth in Chapter 18.28 for a record of survey map, requiring approval by the Planning Commission. Sections 66499.11 through 66499.20 3/4 of the Subdivision Map Act provide specific requirements for reversion to acreage of subdivision maps and parcels of land. (Ord. 89-2 § 2, 1989.)

A. Application for Merger. Any property owner(s) owning contiguous parcels which have not been merged may apply to the City to merge the parcels without reverting them to acreage. A property owner wishing to merge his or her contiguous parcels shall file an application with the Planning Department secretary on a form prescribed by the Director of Planning and Building. The application shall be accompanied by the following

1. One copy, and one electronic copy conforming to the requirements set forth in Section 18.20.040(B), of a site plan accurately depicting all existing property lines, utilities, structures, easements, and major topographical features on the affected parcel;

2. A preliminary title report for each parcel to be merged; and

3. A filing fee in such amount as is prescribed from time to time by City Council resolution.

B. Application Review. A complete application for merger shall be reviewed by the Director of Planning and Building, the City Engineer, and the City Manager, who shall indicate their approval of the proposed merger if they find it is consistent with the City’s general plan and all other applicable laws and regulations.

C. Notice. If the Director of Planning and Building, the City Engineer, and the City Manager have all indicated their approval of the merger, written notice of the merger shall be posted on the City Hall bulletin board and delivered or mailed to each owner of property within one hundred feet of the properties to be merged. In lieu of written notice to property owners within one hundred feet of the properties to be merged, the applicant may provide the City with signatures of such property owners, indicating approval of the merger.

D. Approval of Merger. Recordation of Notice of Merger. If the Director of Planning and Building, the City Engineer, and the City Manager have all indicated their approval of the merger, and if all required signatures are provided, the Director of Planning and Building may approve the merger after posting the written notice. If all required signatures from neighboring property owners are not provided, any interested person may appeal the merger by submitting written notice of such appeal to the Director of Planning and Building within ten calendar days of the posting and delivery or mailing, in which event the merger approval shall be stayed until approval is obtained from the Planning Commission, or from the City Council on further appeal. Upon final approval of an application for merger, the merger shall become effective upon recordation in the Office of the Marin County

Recorder of a Notice of Merger specifying the names of the record property owners and describing the real property being merged.

E. Denial of Merger. If the Director of Planning and Building, the City Engineer, and the City Manager do not approve the merger, they shall notify the applicant of their decision by written notice delivered in person or by certified mail, return receipt requested. The applicant may appeal the denial to the Planning Commission by submitting written notice of such appeal, with any applicable appeal fee, to the Director of Planning and Building within ten calendar days of the date of delivery or mailing of the notice. Upon filing of the appeal, it shall be set for hearing before the Planning Commission at its next available meeting. Any interested person may appeal the decision of the Planning Commission to the City Council by submitting written notice of such appeal, with any applicable appeal fee, within seven calendar days of the date of the Planning Commission’s action. (Ord. 2016-5 § 3, 2016; Ord. 2004-6 § 6, 2004; Ord. 2003-3 § 2, 2003.)