Article 15.04.713 — PARCEL MERGERS

The purpose of this article is to establish the procedures and standards for the merger of contiguous parcels of land that were created under the provisions of the Subdivision Map Act or any prior State law regulating the division of land.

Pursuant to the Subdivision Map Act and the requirements of this Ordinance, the City may initiate the merger of two or more contiguous parcels or units held by the same owner if any one of the contiguous parcels or units does not conform to the standards for minimum parcel or lot size established by the Zoning Ordinance, and if all the following requirements are satisfied:

A.

At least one of the affected parcels is undeveloped 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.

B.

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

1.

The parcel comprises less than 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 does not meet slope stability standards.

5.

The parcel has no legal access that is adequate for vehicular and safety equipment access and maneuverability.

Development would create health or safety hazards.

A.

Notice of Intention to Determine Merger Status. The Planning Division shall mail, by certified mail, a notice of intention to determine the potential merger status to the current record owner of the property. The notice shall state that the affected parcels may be merged, and the owner may request a hearing on the determination of status before the Planning Commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record at the office of the Contra Costa County Recorder on the same day that the notice is mailed to the property owner.

B.

Hearing on Determination of Status. The owner of the affected property may file a written request for a hearing with the Zoning Administrator within 30 days after the recording of the notice of intention to determine status. Upon receipt of the request, the Planning Division shall set a time, date and place for a hearing and notify the owner by certified mail. The hearing shall be conducted not more than 60 days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Zoning Administrator 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 requirements of this Ordinance.

C.

Determination of Merger. At the conclusion of the hearing, the Planning Commission shall determine whether the affected parcels shall be merged or not and shall prepare a notice of merger and notify the owner of the determination.

1.

If the Planning Commission makes a determination that the parcels are to be merged, the Director of Engineering and Capital Improvement Projects shall record a determination of merger within 30 days of the Commission's determination unless the owner files an appeal.

2.

The determination of merger shall specify the name of the record owners and a description of the property.

3.

If the City determines that the parcels shall not be merged, the Director of Engineering and Capital Improvement Projects shall record a release of the notice of intention to determine status and shall mail a clearance letter to the owner of record.

A.

Request for Determination. Upon written application by the owner to the Director of Engineering and Capital Improvement Projects, and payment of required fees, the Zoning Administrator and Director of Engineering and Capital Improvement Projects shall determine whether the affected parcels shall be merged and shall notify the owner of the determination. If the Zoning Administrator and Director of Engineering and Capital Improvement Projects determine that the parcels shall not be merged, the owner may file a written request for a hearing with the Planning Commission pursuant to the requirements of this article. If the Planning Commission determines that the parcels shall be merged, a determination of merger shall be recorded.

B.

Waiver of Right to Hearing. If the merger of contiguous parcels or units is initiated by the record owner(s), the owner(s) may waive the right to a hearing before the Zoning Administrator and to all notices required by this article. Upon receipt of the waiver, the Director of Engineering and Capital Improvement Projects shall record a notice of intention to determine status, a waiver of right of hearing and notice, and a notice of merger simultaneously.

A property owner may apply to the City for a determination that any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984 are deemed not to have been merged under Section 66451.30 of the Subdivision Map Act. If the Zoning Administrator determines that the parcels meet the standards specified in Section 66451.30, the City shall issue the owner, and record with the County Recorder, a notice of the status of the parcels and a declaration that the parcels are not merged.