Dunsmuir Municipal Code Ch. 16.26 Merger of Lots

Contiguous parcels under common ownership may be merged without reversion to acreage pursuant to this chapter.

(Ord. No. 543, 12-13-2012; Ord. No. 549, § 1, 7-30-2015)

Proceedings to merge contiguous parcels under common ownership may be initiated by petition of the owners of record of the property. The petition shall contain the following information and such further information as may be required for a proper determination of the petition by the planning commission:

1. Evidence of title to the real property as shown by a preliminary title report current within forty-five (45) days of the date of application; and

2. Evidence of consent of all owners of an interest or a lien in and to said properties.

(Ord. No. 543, 12-13-2012; Ord. No. 549, § 1, 7-30-2015)

Petitions to merge property shall be accompanied by a fee to cover the costs of processing in an amount to be set from time to time by resolution of the city council. Said fees shall not be refundable.

(Ord. No. 543, 12-13-2012; Ord. No. 549, § 1, 7-30-2015)

A. The planning commission may approve a merger of contiguous parcels only if it finds and determines the following:

1. The resulting parcel is viable in supporting existing and/or planned land uses based on applicable general plan policies.

2. The resulting parcel and/or any structures located thereon will comply with the requirements of the zoning district in which the parcel is located and with applicable building regulations, except that where an existing parcel or structure is nonconforming with respect to zoning regulations, a merger may be approved if the degree of nonconformance is not increased.

3. The merger will not impair any existing public or private easements.

(Ord. No. 543, 12-13-2012; Ord. No. 549, § 1, 7-30-2015)

Following approval of the merger by the planning commission, the applicant and/or applicant's representative shall prepare a legal description and map that describe and illustrate the resulting parcel. Upon submittal of this information to the city, the city administrator or his/her designee shall place a copy of the submitted materials in the subject property file and deliver the original materials to the applicant's title company for processing along with a notice of approval of merger. Upon receipt of notice of recordation from the county recorder, said contiguous parcels shall be deemed to be merged.

(Ord. No. 543, 12-13-2012; Ord. No. 549, § 1, 7-30-2015)

Proceedings to merge contiguous parcels under common ownership may be initiated by the planning commission if all of the following requirements are satisfied:

1. At least one of the affected parcels is not developed with a structure, other than an accessory structure, for which a building permit was issued by the city or county, or which was built prior to the time such permits were required by the city or county;

2. With respect to any affected parcel, one of the following conditions exist:

a. The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger;

b. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c. The parcel does not meet current standards for sewage disposal and domestic water supply;

d. The parcel does not meet slope stability standards established by the city;

e. The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

f. Development of the parcel would create substantial health and/or safety hazards;

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

3. For the purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded pursuant to Section 16.26.070.

(Ord. No. 543, 12-13-2012; Ord. No. 549, § 1, 7-30-2015)

A. Prior to making a determination of merger and recording a notice of merger, the planning commission shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the effective parcels may be merged pursuant to the criteria set forth in Section 16.26.060, 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 for record with the recorder of the county of Siskiyou on the date that notice is mailed to the property owner.

B. At any time within thirty (30) days after recording of the notice of intention to determine status, the owner of the affected property may file with the planning commission a request for a hearing on determination of status.

C. On receiving a request for hearing on determination of status, the planning commission 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 (30) days following the planning commission's receipt of the owner's request, but may be postponed or continued by the mutual consent of the planning commission and the property owner.

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 16.26.060. At the conclusion of the hearing, the planning commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall notify the owner of its determination. A determination of non-merger may be made whether or not the affected property meets the standards and criteria for merger specified in Section 16.26.060. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing with the recorder of the county of Siskiyou and such merger shall be effective upon recordation. The notice of merger shall specify the names of the record owners and particularly describe the real property.

E. If, within the thirty-day period specified in subsection B, the owner does not file a request for hearing, the planning commission 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 in accordance with subsection D no later than ninety (90) days following the mailing of notice required by subsection A.

F. If, in accordance with subsections D and E, the planning commission determines that the subject property shall not be merged, it shall cause to be recorded with the recorder of the county of Siskiyou a release of the notice of intention to determine status previously recorded, and shall mail a clearance letter to the then current owner of record.

(Ord. No. 543, 12-13-2012; Ord. No. 549, § 1, 7-30-2015)