§ 15.15

Two (2) or more contiguous parcels or units of land held by the same property owner of record shall be deemed merged if:

(a)

At least one of the contiguous parcels or units of land does not conform to standards for minimum parcel size, as determined by the most restrictive of the following:

(1)

Minimum parcel size of five-thousand square feet (5,000') and was not created in compliance with applicable laws and provisions of this title in effect at the time of its creation; or

(2)

Minimum parcel size of the zoning district in which it is located; or

(3)

Minimum parcel size as modified by the slope density provisions contained in this title;

(b)

At least one of the contiguous parcels or units of land is not developed with a building for which a building permit has been issued by the city or which was built prior to the time such permits were required, or is developed with an accessory structure(s), or is developed with a single structure other than an accessory structure that is also partially sited on a contiguous parcel or lot; and

(c)

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

(1)

The parcel or lot is inconsistent with the pertinent policies of the San Rafael general plan and applicable, adopted specific plan or neighborhood plan, other than policies adopted establishing minimum lot size or density standards.

(2)

The parcel or lot does not have legal access adequate for vehicular and safety equipment access and maneuverability.

(3)

The parcel or lot does not meet slope stability standards or current standards for sewage disposal and domestic water supply and development of such parcel would create a health or safety hazard.

(Ord. 1787 § 1 (part), 2002).

(a)

Notice of Intent. Whenever the department of community development or the city engineer has knowledge

that real property has merged pursuant to this chapter, a notice of intent to determine status shall be mailed, by certified mail, to the current property owner of record. Simultaneously, a copy of the notice of intention shall be recorded with the Marin County recorder's office. The preparation, content and deadline dates for response cited in this notice shall follow the procedures set forth in Sections 66451.13 through 66451.14 of the Subdivision Map Act.

(b)

Public hearing to determine status. At any time within thirty (30) days following the recording of the notice of intention to determine status, the property owner of record may file with the city, a request for a public hearing on the determination of the status. Upon receipt of this request, the city shall schedule a date and time for a public hearing with the city council.

(c)

Recording Notice of Merger. If, after reviewing supporting evidence, the city determines that real property is merged based on the provisions in this chapter, the city engineer shall proceed with a recordation of a notice of merger. The preparation and recordation of a notice of merger shall follow the same procedures for a notice of violation, as set forth in Section 66499.36 of the Subdivision Map Act.

(Ord. 1787 § 1 (part), 2002).

Chapter 15.155 - URBAN LOT SPLITS