Montague Municipal Code Ch. 16.54 Merger of Lots

MERGER OF LOTS

Sections:

• 16.54.010 Merger of lots.

• 16.54.020 Initiation of proceedings by owner.

• 16.54.030 Fees.

• 16.54.040 Procedure.

• 16.54.050 Recording final map.

• 16.54.060 Initiation of merger proceedings by planning commission. 16.54.070 Notice of intent to determine status—Hearing and determination.

Contiguous parcels under common ownership may be merged without reversion to acreage pursuant to this chapter. (Ord. 90-1 (part), 1990)

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:

• A. Evidence of title to the real property as shown by a preliminary title report;

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

• C. A tentative map in the form proposed by Chapter 16.12 or 16.20;

• D. A final map in the form prescribed by Section 16.24.040 which delineates dedications which may be required as a condition to merger. (Ord. 90-1 (part), 1990)

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. 90-1 (part), 1990)

A. A public hearing shall be held before the planning commission on all proposed mergers. Notice of public hearing shall be given as provided in Section 66451.3 of the Government Code. The planning commission may give such other additional notice as it deems necessary or advisable.

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

1. All owners of an interest in the real property, including lienholders, have consented to the merger;

2. Liens upon said parcels, if any will encumber the entire property being merged so as to prevent division of the property by foreclosure or other proceedings;

3. There are no outstanding agreements, obligations or contracts by the applicant or his predecessors in interest to dedicate or offer to dedicate streets or easements relating to said properties or to construct streets, curbs, gutters, water lines, sewer lines, drainage facilities or lighting facilities. (Ord. 90-1 (part), 1990)

After hearing before the planning commission and approval of the merger, the city clerk shall deliver the final map to the county recorder. Upon the filing, said contiguous parcels shall be deemed to be merged. (Ord. 90-1 (part), 1990)

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

A. 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;

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

  1. The parcel comprises less than five thousand square feet in area at the time of the determination of merger,

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

  3. The parcel does not meet current standards for sewage disposal and domestic water supply,

  4. The parcel does not meet slope stability standards established by the city,

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

  6. Development of the parcel would create substantial health and/or safety hazards,

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

C. 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 16.54.070. (Ord. 90-1 (part), 1990)

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 16.54.060, 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 on the date that notice is mailed to the property owner.

B. 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 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 days following the planning commission's receipt of the owner's request therefore, 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 16.54.060. 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 16.54.060. A determination of 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 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 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. 90-1 (part), 1990)