Chapter 17.60 — MERGER OF PARCELS

This chapter is enacted for the purpose of amending the existing merger ordinance of the town of Corte Madera (previously Section 18.32.120 of this code) to bring it into compliance with Section 66451.11 of the California Government Code. The town of Corte Madera had a merger ordinance in existence prior to January 1, 1984.

(Ord. 727 § 1 (part), 1984)

When used in this chapter the following terms shall have the following meanings:

(a)

"Contiguous" means touching or adjoining at more than one point. Property shall be considered contiguous even if it is separated by roads, streets, utility easements or railroad rights-of-way;

(b)

"Merger" means the joining of two or more contiguous parcels or units of improved or unimproved land, which are held by the same owner or owners, into one building site pursuant to this title. Parcels or units may include parcels created by land division or subdivision; assessor's tax parcels, or lots created by deed;

(c)

"Minimum parcel size" means the minimum site area under established zoning codes of the town. Minimum size includes lot area required by any applicable hillside land capacity or baylands risk and natural habitat overlay district as defined in Chapter 18.18 and by any other applicable slope ordinance or policy.

(Ord. 727 § 1 (part), 1984)

When any one of two or more contiguous parcels or units of land, which are held by the same owner or owners, does not conform to the standards for minimum parcel size under the applicable zoning designation, the contiguous parcels shall merge if all of the following requirements are satisfied:

(a)

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 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 of land.

(b)

With respect to any affected parcel, one or more of the following conditions exist:

(1)

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

(2)

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

(3)

Does not meet current standards for sewage disposal as defined in Section 17.12.260.

(4)

Does not meet current standards for domestic water supply as defined in Section 17.12.270 and Town Ordinance No. 687.

(5)

Does not meet slope stability standards. A parcel will be deemed to not meet slope stability standards if more than fifty percent of its gross area is located within slope stability zone 3 or 4 as shown on the maps entitled "Interpretation of the Relative Stability of Upland Slopes" prepared by Theodore C. Smith, Salem Rice and Rudolph Strand, on file with the Corte Madera planning department.

(6)

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. The standards of access shall be those contained in Town Ordinance No. 687.

(7)

Its development would create health or safety hazards.

(8)

Is inconsistent with the Corte Madera General Plan, or any other applicable specific plan, other than minimum lot size or density standards.

(9)

A notice of merger was recorded prior to July 1, 1984.

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 intent to determine status is recorded pursuant to Section 17.60.060.

Subsection (b) shall not apply if, on or before July 1, 1983, one or more of the contiguous parcels or units of land 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.

(Ord. 727 § 1 (part), 1984)

For affected parcels for which a notice of merger or notice of violation was not recorded prior to January 1, 1986, a merger of parcels or units of land becomes effective on the date a notice of merger is filed for record with the recorder of the county of Marin. Any notice of merger shall specify the names of the record owner or owners and shall particularly describe the real property that is the subject of the merger.

(Ord. 727 § 1 (part), 1984)

Prior to recording a notice of merger, the planning director shall cause to be mailed by certified mail to then current record owner of the property, a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in this title, 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 for record with the recorder of the county of Marin on the date that notice is mailed to the property owner.

(Ord. 727 § 1 (part), 1984)

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 planning director a request for a hearing on determination of status.

(Ord. 727 § 1 (part), 1984)

(a)

Upon receiving a request for a hearing on determination of status, the planning director shall fix a time, date, and place for a hearing to be conducted by the planning commission, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty days following the planning director's receipt of the property owner's request for hearing, but may be postponed or continued with the mutual consent of the planning director and 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 standards for merger specified in this title. At the conclusion of the hearing, the planning commission shall make a notice 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 of merger shall be recorded within thirty days after conclusion of the hearing as provided for in Section 17.60.050.

(b)

If the planning commission determines that the affected parcels are not merged, a release of the notice of intention to determine status shall be recorded with the recorder of the county of Marin, and a clearance letter shall be mailed to the then current owner of record.

(Ord. 727 § 1 (part), 1984)

If within the thirty-day period specified in Section 17.60.060, the owner does not file a request for a hearing on determination of status, the planning director 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 17.60.040 no later than ninety days following the mailing of notice required by Section 17.60.060.

(Ord. 727 § 1 (part), 1984)

Any decision made by the planning director may be appealed to the planning commission by any interested party. Any decision made by the planning commission may be appealed to the town council. Such appeal must be submitted, along with the required fee, in writing within ten calendar days of the decision, briefly stating the facts and the ground of appeal. The planning director shall set the matter on the next available commission or council agenda and shall notify the appellant, applicant, and, by notice, through the U.S. mail with postage prepaid to all persons shown on the last equalized assessment roll of Marin County as owning real property within three hundred feet of the property which is the subject of the hearing.

(Ord. 727 § 1 (part), 1984)