San Ramon Municipal Code Ch. XIII Parcel Mergers and Unmergers

City of San Ramon, CA | Municipal Code 498

C5-193. - Hearing on determination of status. C5-194. - Determination of merger. C5-195. - Appeals. C5-196. - Mergers under prior law. C5-197. - Determination when no hearing is requested. C5-198. - Request to merge by property owner. C5-199. - Unmerged parcels. C5-200. - Request for determination by owner. C5-201—C5-210. - Reserved.

Two or more contiguous parcels or units held by the same owner shall be considered as merged if any one of the parcels or units does not conform to the minimum parcel or lot size required by Zoning Code TITLE D, Zoning and if all the following requirements are satisfied: A. At least one of the affected parcels is 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, 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 exist: 1. Comprises less than five thousand square feet in area at the time of the determination of merger. 2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation. 3. Does not meet current standards for sewage disposal and domestic water supply. 4. Does not meet slope stability standards. 5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. 6. Its development would create health or safety hazards. 7. Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards. C. 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. Subsection B of this section shall not apply if any of the conditions stated in Section 66451.11 (b)(A), (B), (C) or (D) of the Government Code apply. (Ord. No. 406, § 2, 10-28-2008)

City of San Ramon, CA | Municipal Code 499

Prior to recording a notice of merger, the planning/community development department shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this chapter and that, within thirty calendar days from the date the notice of intention was recorded, the owner may request a hearing before the planning director 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 with the county recorder by the planning/community development department on the same day that the notice is mailed to the property owner. (Ord. No. 406, § 2, 10-28-2008)

A. The owner of the affected property may file a written request for a hearing with the planning/community development department within thirty calendar days after recording of the notice of intention to determine status. Upon receipt of the request, the planning/community development department shall set a time, date and place for a hearing before the planning director and notify the owner by certified mail. The hearing shall be conducted within sixty calendar days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the planning director and the property owner. B. 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 this chapter. C. At the conclusion of the hearing, the planning director shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. Such notification shall be mailed to the property owner by the planning/community development department within five calendar days of the date of the hearing. (Ord. No. 406, § 2, 10-28-2008)

A. If the planning director makes a determination that the parcels are to be merged, a notice of merger shall be filed for record with the county recorder by the department within thirty calendar days of the conclusion of the hearing, unless the decision has been appealed pursuant to Section C5-195 of this division. The notice of merger shall specify the name of the record owner and a description of the property. B. If the planning director makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed for record with the county recorder by the department within thirty calendar days after the planning director determination and a clearance letter shall be mailed to the owner by the department. (Ord. No. 406, § 2, 10-28-2008)

The determination of the planning director may be appealed to the planning commission in accordance with Section C5-86 of this division provided that the appeal shall be filed within ten calendar days of the date of mailing of the notice of determination and the planning commission shall hear the appeal within sixty calendar days from the date of appeal. If, after hearing, the planning commission grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the planning/community development department shall, within thirty calendar days after the planning commission determination, file for record with the county recorder a release of the notice of intention to determine status and mail a clearance letter to the owner.

City of San Ramon, CA | Municipal Code 500

(Ord. No. 406, § 2, 10-28-2008)

A. Except as provided in Sections C5-199 and C5-200, prior to January 1, 1986, the planning/community development department shall file for record with the county recorder a notice of merger for any parcel merged under the provisions of any law prior to January 1, 1984. At least thirty calendar days before recording the notice of merger, the department shall mail written notice to the owner of the affected parcels stating the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the planning director why the notice should not be recorded. B. If, after the hearing, the planning director determines that the parcels have merged, a notice of merger shall be filed for record with the county recorder. The decision of the planning director may be appealed according to the procedures established in Section C5-195 of this chapter. (Ord. No. 406, § 2, 10-28-2008)

If the owner does not file a request for a hearing within thirty calendar days after the recording of the notice of intention to determine status, the planning director may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed for record with the county recorder by the department within ninety calendar days after the mailing of the notice of intention to determine status pursuant to Section C5-192 of this chapter. (Ord. No. 406, § 2, 10-28-2008)

If the merger of contiguous parcels or units is initiated by the record owner, the owner may waive the right to a hearing before the planning director and to all notices required for this chapter. Upon approval of the merger by the planning director, the owner may file a certificate of compliance application with the city engineer who shall approve and file a certificate of compliance for lot merger with the county recorder. (Ord. No. 406, § 2, 10-28-2008)

Any parcel which has merged under the provisions of any law prior to January 1, 1984, and for which a notice of merger had not been recorded on or before that date, shall be unmerged if on that date: A. The parcel meets each of the following criteria: 1. Contains at least five thousand square feet in area. 2. Was created in compliance with applicable laws and ordinances in effect at the time of its creation. 3. Meets current standards for sewage disposal and domestic water supply. 4. Meets slope density standards. 5. Has legal access which is adequate for vehicular safety equipment access and maneuverability. 6. Its unmerger and development would create no health or safety hazards. 7. The unmerged parcel would be consistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

City of San Ramon, CA | Municipal Code 501

8. With respect to the parcel, none of the conditions stated in Section 66451.30(b) (1), (2), (3), or (4) of the Subdivision Map Act apply.

(Ord. No. 406, § 2, 10-28-2008)

A. Upon written application made by the owner to the planning/community development department, the planning director shall make a determination that the affected parcels have merged or are to be merged. If the planning director determines that the parcels have not merged, the owner shall be so notified by the department. B. If the planning director determines that the parcels have merged and that they meet the requirements for unmerger in Section C5-199, a notice of status shall be issued to the owner and filed for record with the county recorder by the department, which shall identify each parcel and declare that they are unmerged pursuant to this chapter. C. If the planning director determines that the parcels have merged and do not meet the unmerger requirements in Section C5-199, a notice of merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with county recorder by the department. The owner may appeal the decision of the planning director as provided in Section C5-195. (Ord. No. 406, § 2, 10-28-2008)

C5-201—C5-210. - Reserved.