Morro Bay Municipal Code Ch. 16.32 Parcel Merger

This section is intended to enable the merger of contiguous parcels where the director of public services and city engineer have determined that requirements for onsite and offsite improvements have been satisfied or will be imposed as a condition of a future entitlement for use of the subject parcel(s).

(Ord. No. 522, § 3, 3-12-2007)

Application for parcel merger shall be made in a form prescribed by the director of public services.

Except as otherwise provided in this chapter, two or more contiguous parcels or units of land which have been created under the provisions of this title or the California Subdivision Map Act shall not merge by virtue of the fact that the contiguous parcels or units are held by the same owner. No further proceedings under this title shall be required for the purpose of sale, lease or financing.

(Ord. No. 522, § 3, 3-12-2007)

Two or more contiguous parcels held by the same owner shall be required to merge if one of the following requirements is satisfied:

A. At least one of the affected parcels is developed 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 structures, and/or is developed with a structure that is also partially sited on a contiguous parcel.

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

1. Was not created in compliance with the subdivision ordinance in effect at the time of its creation;

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

3. Site does not meet the slope stability standards;

4. Its development would create health or safety hazards; or

5. Is inconsistent with the general plan, other than minimum lot size or density standards.

C. For purposes of determining whether the same owner holds contiguous parcels, ownership shall be determined as the date the city was noticed of intention to develop the site.

(Ord. No. 522, § 3, 3-12-2007)

Any parcel which has merged with an adjoining parcel, and for which a certificate of merger has been recorded, shall be allowed to be unmerged if:

A. The resulting parcels meet each of the following criteria:

1. Meets minimum lot size for the zone districts;

2. Is in compliance with applicable laws and ordinances in effect at the time of its creation;

3. Has legal access which is adequate for vehicular and safety equipment access and maneuverability;

4. Its unmerger and development would create no health or safety hazards; and

5. The unmerged parcel would be consistent with Morro Bay's general plan.

(Ord. No. 522, § 3, 3-12-2007)

A. Upon a determination by the director of public services that the lots proposed for merger are legal lots, that the owners of the subject lots consent to the proposed merger, any required improvement have either been installed and accepted or will be required as part of a future entitlement for use or development of the subject lots(s), a certificate of parcel merger shall be prepared. Said certificate shall describe the new exterior boundary of the lot after merger and shall be recorded in the office of the county recorder.

B. Action of the director of public services may be appealed to the planning commission. Appeals must be filed in writing with the director of public services within fifteen calendar days of the action being appealed.

(Ord. No. 522, § 3, 3-12-2007)