Concord Municipal Code Art. II Parcel Mergers

(a) This article provides a process for the merger of contiguous parcels under common ownership.

(b) Parcel mergers may be voluntary mergers initiated by a property owner or mandatory mergers initiated by the city.

(c) Parcel mergers may also occur by filing a parcel map or final map, which has the effect of creating a new subdivision.

(Ord. No. 17-9 (Exh. A))

(a) When allowed. Voluntary parcel mergers processed under this article are allowed only when all of the following are true:

(1) The parcels are contiguous and held by the same owner.

(2) One of the parcels does not conform to the minimum lot size standard specified in the Development Code.

(3) One of the parcels does not contain a structure for which a building permit is required, or contains only an accessory structure.

(4) At least one of the parcels meet one or more of the requirements specified in Government Code Section 66451.11(b).

(b) Review authority. The City Engineer in consultation with the Zoning Administrator shall take action on all voluntary parcel merger applications.

(c) Application submittal.

(1) Voluntary parcel merger applications shall be submitted and reviewed in accordance with Section 17.05.090 (Application submittal and review). Applications shall be accompanied by all required fees, information, and materials as specified in the city’s checklist for voluntary parcel merger applications.

(d) City Engineer action. Within 30 calendar days of accepting an application as complete, the City Engineer shall approve, approve with conditions, or deny the voluntary parcel merger application.

(e) Public notice and hearing.

(1) No public hearing is required for a voluntary parcel merger unless requested by the applicant.

(2) If a hearing is requested, notice of the public hearing shall be given in accordance with Chapter 18.500 (Public Hearings).

(f) Criteria for decision. The City Engineer shall approve a voluntary parcel merger application if all of the following findings can be made:

(1) The proposed voluntary parcel merger complies with all requirements of this title and the Map Act.

(2) The resulting parcels are consistent with the requirements of the California Environmental Quality Act (CEQA), the general plan, any applicable specific plans, the Development Code, and other applicable provisions of the Municipal Code.

(g) Conditions of approval. The City Engineer may attach conditions to the approval of a voluntary parcel merger as necessary to ensure compliance with the general plan, any applicable specific plan, the Development Code, or other applicable provisions of the Municipal Code.

(h) Appeals. City Engineer decisions on voluntary parcel merger applications may be appealed to the Planning Commission or called for review in accordance with Chapter 18.510 (Appeals and Calls for Review).

(i) Recordation and effective date.

(1) Recordation. The applicant shall file with the County Recorder a deed reflecting the voluntary parcel merger and documentation from the city verifying approval of the voluntary parcel merger. The applicant shall submit to the City Engineer a copy of the recorded deed.

(2) Effective date. Voluntary parcel mergers shall be effective when the deed is filed with the County Recorder.

(j) Expiration. A voluntary parcel merger approval shall be valid for one year from the date of approval. If the adjusted lots are not recorded within that one-year period, the approval shall expire.

(Ord. No. 17-9 (Exh. A))

The city may require the merger of contiguous parcels under single ownership if one of the parcels does not conform to the minimum parcel size to allow use or development in compliance with the Development Code and if all of the requirements specified in Government Code Section 66451.11(b) are met. In such a case, the procedures and requirements for a mandatory parcel merger shall be as specified in Government Code Sections 66451.10 through 66451.33.

(Ord. No. 17-9 (Exh. A))