Mountain House Municipal Code Ch. 21 City-Initiated Mergers

The intent of this Chapter is to provide a method for the City to initiate the merger of two or more existing, contiguous parcels or units of land under the same ownership in order to achieve orderly development, protect new development, and implement the policies of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for County-Initiated Mergers may be initiated by the City Council, the Planning Commission, or the Director of the Community Development Department. A County-Initiated Merger may proceed only if the parcels are under the same ownership, one (1) of the parcels or units has less area than the minimum parcel area or lot area required for new parcels or lots by the regulating zone, and if the requirements of Subsections (a) and (b) are satisfied.

(a) Development. At least one (1) of the affected parcels is: 1) 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, 2) is developed only with an accessory structure or structures, or 3) is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

(b) Substandard Conditions. With respect to any affected parcel, one (1) or more of the following conditions exists:

(1) The parcel comprises less than five thousand (5,000) 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 has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

(5) Development of the parcel would create health or safety hazards;

(6) Existence of the parcel is inconsistent with the General Plan and any applicable Specific Plan or Special Purpose Plan, other than minimum lot size or density standards; or

(7) The parcel does not meet slope stability standards.

(c) Ownership. 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 Intention to Determine Status is recorded pursuant to this Chapter.

(d) Exceptions. This section shall not apply if any of the conditions stated in Sections 66451.11(b)(A), (B), (C), or (D) of the Subdivision Map Act exist.

(e) Fee. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

City-Initiated Merger Applications shall be reviewed by the Review Authority, cited in Section 9-8-2103, using the Staff Review With Notice procedure in Chapter 4 of Division 2, with the following modifications:

(a) Notice of Intention to Determine Status. Prior to recording a Notice of Merger, the Director of Community Development shall mail, by certified mail, a Notice of Intention to Determine Status to the current recorded owner of the property.

(1) The Notice of Intention to Determine Status shall state that the affected parcels may be merged pursuant to this Chapter and that the owner may request a hearing before the Director to present evidence that the property does not meet the criteria for merger.

(2) The Notice of Intention to Determine Status shall be filed for record with the County Recorder on the date the notice is mailed to the property owner.

(b) Hearing. The owner of the affected parcels may file a written request for a hearing to determine whether his parcels should or should not be merged. When a hearing is requested, the following procedures shall be followed:

(1) Request for Hearing. At any time within thirty (30) calendar days after the recording of the Notice of Intention to Determine Status, the owner of the affected property may file a written request for a hearing with the Community Development Department.

(2) Scheduling of Hearing. Upon receipt of the written request for a hearing, the Director shall set a time, date, and place for said hearing and notify the property owner of said information by certified mail. The hearing shall be conducted not more than sixty (60) days following the filing of the property owner's request for hearing, or the hearing may be postponed or continued by mutual consent of the Director and the property owner.

(3) Presentation of Evidence. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in Section 9-8-2103, Subsections (a) and (b).

(4) Decision. At the conclusion of the hearing, the Director shall make a determination that the parcels are to be merged or are not to be merged, based on the standards for merger specified in Section 9-8-2103, Subsections (a) and (b). The owner shall be notified of the Director's determination.

(5) Appeal. The owner of the property may appeal the Director's determination pursuant to the procedures set forth in Chapter 4 of Division 2.

(c) Notice of Merger. If it is decided that the parcels are to be merged, the Director shall file a Notice of Merger with the County Recorder within the following time limits:

(1) Within thirty (30) days after the conclusion of the hearing specified by Subsection (b);

(2) Within thirty (30) days after the conclusion of the hearing convened as a result of the appeal specified in Subsection (b).

(d) Within ninety (90) days after the mailing of the Notice of Intention to Determine Status specified in Subsection (a) if the owner of the affected parcels has not filed a Request for Hearing within the time period specified in Subsection (b).

(e) Release of Notice of Intention to Determine Status. If it is decided that the parcels are not to be merged, the Director shall file a Release of Notice of Intention to Determine Status with the County Recorder and shall mail a clearance letter to the recorded owner of the affected parcels.

(Ord. 2024-18, § 1(Exh. A), 2024)