Berkeley Municipal Code Ch. 21.52 Parcel Mergers

Two or more contiguous parcels or units of land which have been subdivided under the provisions of this title or the Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are held by the same ownership. No further proceedings under this title shall be required for the purpose of sale, lease or financing, except as provided by this chapter. (Ord. 5793-NS § 2 (part), 1987)

If any one of two or more contiguous parcels or units held by the same owner does not conform to existing zoning regulations regarding site area to permit development (whether or not already developed), and at least one parcel or unit has not been developed with a building for which a building permit is required and was issued, or which was built prior to the time such permits were required, then such parcels shall be considered as merged for the purposes of this title, subject to any exceptions provided in the Berkeley zoning ordinance, (Ord. 6478-N.S.), and provided that the requirements of Article 1.5, Sections 66451.10 through 66451.21 of the Subdivision Map Act are satisfied. (Ord. 5793-NS § 2 (part), 1987)

Whenever the Director of Planning has knowledge that real property has merged pursuant to this chapter, they shall carry out the duties of the local agency specified in Sections 66451.13 through 66451.18 of the Subdivision Map Act, in a manner which assures that the specified time limits will be met. Hearings shall be conducted by the Planning Commission. (Ord. 5793-NS § 2 (part), 1987)

Whenever the Director of Planning has knowledge that real property has merged pursuant to this chapter, and that the requirements specified in Section 21.52.030 have been met, they shall cause to be filed with the County Recorder a determination of merger in accordance with Sections 66451.16 or 66451.17 of the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

If, at the conclusion of a hearing, the Planning Commission determines that affected parcels are not to be merged, the Director of Planning shall cause to be recorded a release of the notice of intention to determine status, and shall notify the owner, in accordance with Section 66451.18 of the Subdivision Map Act. (Ord. 5793-NS § 2 (part), 1987)

Upon request of the legal owner of contiguous parcels, the Director of Planning may approve the merger of the property. Such request shall be in writing and shall be accompanied by such data and documents as required by the Director of Planning.

Upon approval, a determination of merger shall be filed with the County Recorder. The form and content of the notice shall be as required by the Director of Planning.

In approving such merger, the City may impose reasonable conditions. The reasonableness of such conditions may be appealed within 15 days of written notice of the conditions, to the Planning Commission. The hearing procedures shall be the same as those specified in Section 21.52.030 above.

A fee shall be paid to the City of Berkeley in accordance with the current master fee schedule for processing such merger, at the time the request is made to the Director of Planning. (Ord. 5793-NS § 2 (part), 1987)