§ 22.92

This Chapter provides procedures for the merger of parcels in compliance with Map Act Sections 66451.11 et seq. The County had a merger ordinance in existence before January 1, 1984.

Where applicable, merger is required to consolidate contiguous parcels in common ownership which were created prior to modern subdivision requirements, and are substandard with respect to current County subdivision standards, including lot area, size, configuration, slope, and/or infrastructure.

(Ord. No. 3577, 2012)

22.92.020 - Requirements for Merger.

On or after January 1, 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 minimum lot area requirements of the applicable zoning district or the minimum lot area requirements based on lot slope (Section 22.82.050 - Hillside Subdivision Design), the contiguous parcels shall merge if required by Subsection A of this Section (Merger Required), except where otherwise provided by Subsection B of this Section (Exemptions from Merger Requirements). Such mergers may be initiated either by the County or by the property owner.

A.

Merger required. Contiguous, nonconforming parcels held by the same owner or owners shall merge if both 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 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; and

2.

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

a.

Comprises less than 5,000 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 in Title 18 (Sewers) of the County Code;

d.

Does not meet current standards for domestic water supply in Title 7 (Health and Sanitation) of the County Code;

e.

Does not meet slope stability standards. A parcel will be deemed to not meet slope stability standards if more than 50 percent of its gross area is located within slope stability zone 3 or 4 as shown on the latest slope stability maps on file with the Agency;

f.

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. The standards of access shall be those contained in Title 24 (Improvement and Construction Standards) of the

County Code;

g.

Its development would create health or safety hazards; or

h.

Is inconsistent with the Marin Countywide Plan, the Local Coastal Plan or any applicable Community Plan or Specific Plan, other than minimum lot size or density standards.

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 in compliance with Section 22.92.040 (Notice of Intent to Determine Status).

B.

Exemptions from merger requirements. Except as provided in Subsection A above, contiguous

nonconforming parcels shall not be required to merge if on or before July 1, 1981, one or more of the contiguous parcels or units of land was:

1.

Enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or openspace easement, as defined and set forth in Section 421 of the Revenue and Taxation Code;

2.

Timberland as defined in Government Code Section 51100.f, or is land devoted to an agricultural use as defined in Government Code Section 51201.b;

3.

Located within 2,000 feet of the site of an existing commercial mineral resource extraction use, whether or not the extraction was in compliance with a Use Permit issued by the County;

4.

Located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a Use Permit or other permit authorizing commercial mineral resource extraction had been issued by the County;

5.

Within the Coastal Zone, and had been identified or designated as being of insufficient size to support residential development and where the identification or designation had either:

(a)

Been included in the Land Use Plan portion of the County's Local Coastal Program; or

(b)

Before adoption of the Land Use Plan by formal action of the California Coastal Commission has been made in compliance with the provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan in compliance with the provisions of the California Coastal Act is based.

C.

Owner-Requested Merger. Upon written request from the property owner, the Director shall merge two or more contiguous parcels or units of land that do not meet the requirements contained in Section 22.92.020(A)(2) (Requirements for Merger). Owner-requested Mergers are not subject to the requirements of Section 22.92.040 (Notice of Intent to Determine Status) and may be recorded by the County without delay.

The County does not have the authority to unilaterally merge parcels unless they meet the requirements contained in Section 22.92.020 (Requirements for Mergers). Notwithstanding the criteria for non-merger or unmerger, units of real property that are merged through application of this subsection shall not be subsequently unmerged.

D.

Merger due to cessation of agricultural housing. The conditions of approval for a subdivision as allowed by Government Code Section 51230.2 shall require that all conditions of that Section be implemented.

(Ord. No. 3577, 2012; Ord. No. 3602, § II(exh. A), 2013; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3745, § 1(exh. A), 2021; Ord. No. 3797, § II(exh. A), 2023)

22.92.030 - Effective Date of Merger.

A merger of units of real property becomes effective on the date the Director files a Notice of Merger for record with the County Recorder. A Notice of Merger shall specify the names of the record owners and describe the real property that has merged.

(Ord. No. 3577, 2012)

22.92.040 - Notice of Intent to Determine Status.

The filing of a Notice of Intent to Determine Status, and a hearing and decision on the status of contiguous parcels with respect to merger shall occur as follows:

A.

Timing and content of notice. Before recording a Notice of Merger, the Director shall cause to be mailed by certified mail to then current record owners of the property a Notice of Intention to Determine Status, notifying the owners that the affected parcels may be merged in compliance with the requirements of this Chapter, and advising the owners 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 shall also inform the owners that the Commission, Zoning Administrator, or Director is authorized to make a determination of merger or non-merger in compliance with Section 22.92.020 (Requirements for Merger) based on the information available from County records, in the event that a request for hearing is not filed

within 30 days of the date of the notice. The Notice of Intention to Determine Status shall be filed for record with the County Recorder on the date that the notice is mailed to the property owner.

B.

Request for hearing. At any time within 30 days after recording of the Notice of Intention to Determine Status, the owner of the affected property may file a request for a hearing on determination of status with the Director.

C.

Determination of review authority. When a property owner files a request for a hearing on determination of status, the Zoning Administrator shall conduct the hearing, except that when the Director determines that significant policy questions are at issue, the Director may refer the determination of merger to the Commission for action.

D.

Procedure for hearing.

1.

Upon receiving a request for a hearing on determination of status, the Director shall set a time, date, and place for a hearing to be conducted by the applicable review authority and shall notify the property owner by certified mail.

2.

The hearing shall be conducted no less than 60 days after the Director's receipt of the request for hearing, but may be postponed or continued with the mutual consent of the Director and the 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 Chapter. At the conclusion of the hearing, the review authority 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 of merger shall be recorded within 30 days after conclusion of the hearing, in compliance with Section 22.92.030 (Effective Date of Merger).

E.

Determination when no hearing is requested. If the owner does not file a request for hearing on determination of status within 30 days of the recording of the Notice of Intent to Determine Status, the Director may 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 compliance with Section 22.92.030 no later than 90 days after the recording of the Notice of Intent to Determine Status. The 90-day time limit may be extended with the mutual consent of the County and the property owner.

F.

Non-merger. A determination of non-merger shall occur as follows:

1.

Action and findings. The review authority may make a determination of non-merger whether or not the affected property meets the standards of Sections 22.92.020 (Requirements for Merger) or 22.92.050 (Criteria for Unmerger), provided the following findings are made:

a.

The parcels were created by a record of survey or Parcel or Final Map in accordance with the provisions of the County Code in effect at the time of their creation.

b.

The unmerger and subsequent development of the individual parcels would not be contrary to the public health, safety or welfare. In making this finding, the review authority shall consider the factors in Section 22.122.050 (Legal Remedies - Development Permits and Approvals Withheld).

2.

Notice of non-merger. If the review authority determines that the subject property shall not be merged in compliance with Subsections D, E, or F above (Procedure for Hearing, Determination When No Hearing is Requested, and Non-merger, respectively), it shall cause a Release of the Notice of Intent to Determine Status to be recorded in the manner specified in Section 22.92.040 (Notice of Intent to Determine Status), and shall mail a clearance letter to the current record owner.

(Ord. No. 3577, 2012; Ord. No. 3706, 2019; Ord. No. 3745, § 1(exh. A), 2021)

Any parcels or units of land for which a Notice of Merger had not been recorded on or before January 1, 1984, shall be deemed not to have merged if on January 1, 1984:

A.

The parcel met each of the following criteria:

1.

Comprised at least 5,000 square feet in area;

2.

Was created in compliance with applicable laws and ordinances in effect at the time of its creation;

3.

Met current standards for sewage disposal under Title 18 (Sewers) of the County Code;

4.

Met current standards for domestic water supply under Title 7 (Health and Sanitation) of the County Code;

Met the lot slope density standards of Section 22.82.050 (Hillside Subdivision Design);

6.

Had legal access adequate for vehicular and safety equipment access and maneuverability, in compliance with Title 24 of the County Code;

7.

Development of parcel would create no health or safety hazards; and

8.

The parcel would be consistent with the Marin Countywide Plan, the Local Coastal Plan or any applicable Community Plan or Specific Plan, other than a minimum lot size or density standards.

B.

None of the contiguous parcels or units of land on or before July 1, 1981 were:

1.

Enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or openspace easement, as defined and set forth in Section 421 of the Revenue and Taxation Code;

2.

Timberland as defined in Section 51100.f of the Government Code, or was land devoted to an agricultural use as defined in Section 51201.b of the Government Code;

3.

Located within 2,000 feet of the site of an existing commercial mineral resource extraction use, whether or not the extraction was occurring in compliance with a Use Permit issued by the County;

4.

Located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a Use Permit or other permit authorizing commercial mineral resource extraction had been issued by the County; and

5.

Within the Coastal Zone, and had been identified or designated as being of insufficient size to support residential development and where the identification or designation had either:

a.

Been included in the Land Use Plan portion of the County's Local Coastal Program; or

b.

Before the adoption of the Land Use Plan, been made by formal action of the California Coastal Commission in compliance with the provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan in compliance with the provisions of the California Coastal Act is based.

(Ord. No. 3577, 2012)

A property owner may request, and the review authority shall make a determination whether affected parcels have merged, as follows:

A.

Application. An application for Determination of Unmerger shall include the forms, other application materials, and fees required by the Agency.

B.

Review authority. When a property owner files an application for determination of an unmerger, the Zoning Administrator shall conduct the public hearing, except when the Director determines that significant policy questions are at issue, the Director may refer the determination of unmerger to the Commission for action. The Zoning Administrator shall provide 30 days' written notice to the owner of the affected parcels of the date and place of the hearing or decision on the determination of merger.

C.

Decision. The review authority shall make a determination that the affected parcels have merged or, if meeting the criteria of Section 22.92.050 (Criteria for Unmerger), are deemed not to have merged.

D.

Notification to owner. The owner of the affected parcels shall be notified as follows:

1.

Upon a determination that the parcels meet the standards specified in Section 22.92.050 (Criteria for Unmerger), the Director shall issue to the owner and record with the County Recorder a Notice of the Status of the Parcels, which shall identify each parcel and declare that the parcels are unmerged in compliance with this Chapter.

2.

Upon a determination that the parcels have merged and do not meet the criteria specified in Section 22.92.050 (Criteria for Unmerger), the Director shall issue to the owner and record with the County Recorder, a Notice of Merger, in compliance with Section 22.92.030 (Effective Date of Merger) unless a prior notice of merger has been recorded.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019)