Martinez Municipal Code Ch. 21.53 Parcel Mergers

A. This Chapter is adopted pursuant to Chapter 3, Article 1.5, Sections 66451.10 through 66451.21 inclusive and Chapter 6, Article 1., Section 66499.20 ¾, of Division 2, of the Government Code of the State of California, and the procedures set forth below are those specified in said Government Code sections as those sections exist upon the adoption of the ordinance creating this Chapter. In the event said Government Code sections are amended to provide for procedures or criteria different than those specified hereinafter, such changes are hereby incorporated by reference as if fully set forth herein.

(Ord. 945 C.S. § 1, 1981; Ord. 1038 C.S. 1985; Ord. 1056 C.S. § 1, 1985)

A. Two or more contiguous parcels or units of land may be merged by the City Council when held by the same owner if any one of the contiguous parcels or units does not conform to standards for minimum parcel size, under the applicable zoning designation in effect at the time of mailing of a notice of intent to determine status, and if all 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.

2. With respect to any affected parcel, one or more of the following conditions exists:

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 and domestic water supply.

d. Does not meet slope stability standards.

e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

f. Its development would create health or safety hazards.

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

B. For 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.

C. The merger of contiguous parcels may not be accomplished under the provisions of this Chapter if one of the following conditions exists:

1. On or before July 1, 1981, 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.

2. On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51100, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201.

3. On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.

4. On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extradition site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency.

5. Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of insufficient size to support residential development and where the identification or designation has either (i) been included in the land use plan portion of a local coastal program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (ii) prior to the adoption of a land use plan, been made by formal action 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 pursuant to the provision of the California Coastal Act is based.

D. For purposes of paragraphs (c) and (d) of Subsection 3, "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity.

(Ord. 945 C.S. § 1, 1981; Ord. 1038 C.S., 1985; Ord. 1132 C.S. § I, 1989)

A merger of parcels becomes effective when the City Council causes to be filed for record with the recorder of the county in which the real property is located, a notice merger specifying the names of the record owners and particularly describing the real property.

(Ord. 945 C.S. § 1, 1981; Ord. 1038 C.S., 1985)

Prior to recording a notice of merger, the City Manager and/or his/her designee, 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 affected parcels may be merged pursuant to standards specified in the merger ordinance, 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 in which the real property is located on the date that notice is mailed to the property owner.

(Ord. 945 § 1, 1981; Ord. 1038 C.S., 1985; Ord. 1112 C.S. § 1, 1988)

At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the City Clerk a request for a hearing on determination of status.

(Ord. 945 C.S. § 1, 1981; Ord. 1038 C.S., 1985)

Upon receiving a request for a hearing on determination of status, the City Council shall fix a time, date, and place for a hearing to be conducted by the City Council and shall be conducted not less than 30 days following the City's receipt of the property owner's request therefor, but may be postponed or continued with the mutual consent of the City Council and the property owner.

(Ord. 1038 C.S., 1985)

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 the merger ordinance.

At the conclusion of the hearing, the City Council 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, as provided for in Section 21.53.030.

(Ord. 1038 C.S., 1985)

If, within the 30 day period specified in Section 21.53.050, the owner does not file a request for a hearing in accordance with Section 21.53.070, the City Council 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 21.53.030 no later than 90 days following the mailing of notice required by Section 21.53.060.

(Ord. 1038 C.S., 1985)

If in accordance with Section 21.53.070, or 21.53.080, the City Council determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 21.53.030 a release of the notice of intention to determine status, recorded pursuant to Section 21.53.040, and shall mail a clearance letter to the then current owner of record.

(Ord. 1038 C.S., 1985)

A. Pursuant to Section 66499.20 ¾ of the Government Code of the State of California, upon request of the legal owner(s) of contiguous parcels, the City Engineer or authorized representative may approve the merger of such parcels. Such request shall be in writing and signed by all owners of record of such parcels. All signatures shall be notarized by a duly licensed Notary Public. The request shall be accompanied by such data and documents as required by the City Engineer.

B. Upon approval, a "Notice of Merger" shall be filed by the City with the County Recorder. The form and content of the notice shall be as required by the City Engineer.

C. In approving such merger, the City Engineer or authorized representative may impose reasonable conditions. The reasonableness of such conditions may be appealed within fifteen (15) days of written notice of the conditions of the Planning Commission whose decision shall be final and unappealable.

D. A fee shall be charged the applicant for processing such merger in an amount set from time to time by City Council resolution.

(Ord. 1056 C.S. § 3, 1985)