Sierra County Municipal Code Ch. 23.24 Parcel Mergers

The following provisions govern both applicant (nonlocal agency)-initiated parcel mergers and county-initiated mergers. (Formerly 23.24.001)

This title governs the process for merger of two or more contiguous parcels of real property into a resultant parcel or parcels which are fewer in number than those parcels existing prior to the completion of the merger through the elimination of one or more common boundary lines between the previously existing contiguous parcels. Recognizing that parcel mergers may affect existing land use patterns, plans, subdivision agreements, covenants, conditions and restrictions, and other or similar economic, social, health and safety issues of significant local impact, it is intended that this title be the exclusive mechanism for noncounty-initiated parcel mergers within Sierra County. (Formerly 23.24.002)

In addition to those definitions set forth in Chapter 23.02 SCC, the following definitions shall apply to this title:

“Contiguous parcels” means two or more lots or acreage, which have one or more common boundary lines shared by such lots or acreage and which lots or acreage are owned by the same entity or individual in identical form of ownership.

“Merger” means the elimination of one or more common boundary line(s) between two or more contiguous parcels, resulting in a lot or lots of fewer number and of greater size than those existing prior to the merger. (Formerly 23.24.003, 23.24.004, 23.24.005)

Parcel merger applications shall be submitted to the Planning Department and shall consist of the following:

A. A completed application on forms provided by the Planning Department.

B. The appropriate fee as determined by resolution of the Board.

C. Two copies of a preliminary title report for all properties whose boundaries would be altered by the proposed parcel merger. Title reports shall name the current record owners and shall not be more than six months old.

D. Six copies of a tentative parcel merger map, prepared by the applicant or the applicant’s agent, legibly drawn and accurately to scale on one sheet of reproducible paper or polyester base film 18 inches by 26 inches in size. A tentative parcel merger map shall show all of the following information:

1. Boundary lines, dimensions, and approximate areas of the original parcels and of the merged parcel(s);

2. Locations and dimensions of each existing structure, including outbuildings, proposed building sites, approximate distances between structures, and approximate distances between structures and boundary lines of both the original parcel boundaries and the merged parcel boundaries;

3. Names, locations and widths of all existing streets and roads on or bounding the original parcel and of all new access routes being proposed;

4. Locations and dimensions of all existing and proposed easements, utility lines, rights-of-way, and underground structures of any kind;

5. Approximate slope of the land;

6. Scale of map (standard engineering scale), north arrow, and vicinity map;

7. Location of existing and proposed domestic water supplies and location of existing and proposed septic tanks and leach fields for all lots affected by the parcel merger;

8. Approximate location of all watercourses, drainage channels, drainage structures, and springs;

9. Approximate locations of all high water lines of lakes, reservoirs, streams, and rivers;

10. Date of preparation of the map;

11. Assessor’s parcel numbers and book and page number from the official records for all existing deeds on all parcels affected by the parcel merger;

12. Name, address, and telephone number of the applicant, of the person who prepared the map, and of all parties having any record interest in the real property shown on the map;

13. A statement granting consent to the preparation and submittal of the map, with signatures of the applicant and of the record owners of all the parcels whose boundaries are affected by the parcel merger. (Formerly 23.24.006)

The application for the parcel merger shall be deemed complete when all of the information required by this section is received by the County Planning Department. The County Planning Department shall determine whether the application is complete within 30 days from the receipt of the application. If no written determination of the completeness of the application is made within that period, the application shall be deemed complete. (Formerly 23.24.007)

The Planning Department shall, within 30 days after deeming the application for parcel merger to be complete, determine whether or not the proposed parcel merger is exempt from the requirements of the California Environmental Quality Act and of the Sierra County Code. If the proposed parcel merger is determined to be exempt, the application for parcel merger shall be deemed filed and notification of such shall be made to the applicant by the Planning Department. If the project is determined to be not exempt, the provisions of SCC Title 38 shall apply. (Formerly 23.24.008)

The Planning Department shall distribute the copies of the application to the Health Department, Tax Collector, Assessor, Department of Public Works, and County Surveyor for comment. A 10-working-day review period shall be placed on each application to allow for the submittal of written comments from said county departments or other interested parties. (Formerly 23.24.009)

The Planning Director shall schedule the parcel merger application for an administrative hearing in which the applicant, or the applicant’s agent, and county departments and interested parties will be afforded the opportunity to be present and provide evidence. Notice of such hearing shall be given pursuant to Cal. Gov’t. Code § 5091 and shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. The Planning Director may, with due cause, continue a hearing to another time and place. However, upon conclusion of any hearing, the Planning Director or his designee shall approve, approve with conditions, or deny the application. Written notice of the action and of the right to appeal shall be mailed to the applicant within three days after conclusion of the hearing. The decision of the Planning Director, or his designee, shall be considered binding unless the decision is appealed to the Planning Commission within 15 days after the decision of the Planning Director. (Formerly 23.24.010)

A parcel merger application shall not be approved unless and until it is deemed complete and the Planning Director finds, based on substantial evidence in the record, that the boundaries of each lot affected by the proposed parcel merger meet criteria set forth in either subsection (A) or (B) of this section:

A.

1. Is consistent with the Sierra County general plan; and

2. Conforms to the Sierra County zoning code; and

3. The boundaries of each resultant lot or lots shall conform to applicable laws pertaining to land development: and

4. The locations of all existing utilities, infrastructure and easements for each lot whose boundaries are affected by the proposed merger shall conform to the Sierra County Code in effect at the time of application; and

5. No violation of any county ordinance or California state law exists at the time of the approval of the parcel merger.

OR

B. That nonconforming parcel or parcels which are involved in the parcel merger were created prior to the adoption of the Sierra County zoning code and that such parcel merger will meet the following criteria:

1. Meets the criteria set forth in subsections (A)(1), (A)(3), (A)(4) and (A)(5) of this section; and

2. The merger of such parcels results in the creation of a larger parcel or parcels than that which existed prior to such proposed parcel merger; and/or

3. The acquisition of frontage along a county road or state highway for one or more of the affected parcels. (Formerly 23.24.011)

Conditions may be placed on the parcel merger by the Planning Director or his designee to ensure that the negative effects of the proposed parcel merger, if any, will be mitigated or eliminated, and that such condition(s) will be complied with prior to recordation of the applicable documents which effectuate the parcel merger. Such conditions shall include a provision, where applicable, that any parcel merger approved will not operate to diminish or defeat the rights or interests of any party or entity which existed of record prior to the parcel merger, including but not necessarily limited to security instruments, deed restrictions, covenants, conditions and restrictions, assessments, and similar rights or obligations. The requirement of such conditions on the parcel merger may include the submittal of appropriate security to assure future compliance, where relevant. (Formerly 23.24.012)

The approval, conditional approval, or denial of a parcel merger application (“the decision”) by the Planning Director or the Planning Director’s designee may be appealed directly to the Planning Commission by any person or entity whose property rights or interests are affected by the decision. A written appeal shall be filed with the secretary of the Planning Commission within 15 days after the decision. (Formerly 23.24.013)

Any interested person may appeal the decision of the Planning Commission pursuant to SCC 20.05.130. (Formerly 23.24.014)

Within 30 days of an approval, conditional approval, or an appeal resulting in approval, the Director of Planning shall coordinate the recording of all applicable documents which are required to effectuate the parcel merger with the applicant, the applicant’s title officer, or agent, providing the following criteria have been met:

A. The appeal period has expired or an appeal has resulted in approval by the Planning Commission and/or Board of Supervisors.

B. The Planning Director has certified in writing that any conditions placed on the approved parcel merger map have been satisfied.

C. The County Tax Collector has certified in writing that the tax requirements at the time of recordation of the documents which effectuate the parcel merger have been satisfied.

D. Unless waived by the Planning Director, with the concurrence of the County Surveyor, the applicant, or the applicant’s title company or agent has submitted copies of the grant deed or deeds for the land proposed to be conveyed for the parcel merger and the County Surveyor has determined that the grant deed or deeds are in substantial compliance with the approved tentative parcel merger map, and that said grant deed or deeds contain the words “FOR PURPOSES OF PARCEL MERGER.”

E. In cases where deeds of trust are affected by the merger, the applicant, or the applicant’s title company or agent, has submitted copies of the partial reconveyance and supplemental deeds of trust to the County Surveyor and the County Surveyor has determined that said documents are in substantial compliance with the approved parcel merger, the Subdivision Map Act, and this section.

F. Unless waived pursuant to this section, property corners created by the parcel merger have been monumented in accordance with the Land Surveyor’s Act; the applicant has submitted a record of survey map and a deed to effectuate the parcel merger to the County Surveyor; and the County Surveyor has determined that said deed and record of survey map are in substantial conformance with the approved parcel merger map. The title of the deed and record of survey map shall include the words “PARCEL MERGER.” The requirements for monumentation and filing of a record of survey map may be waived by the Director of Planning with the concurrence of the County Surveyor if:

1. The parcel merger transfers aliquot parts of sections consisting of quarter-quarter sections or larger; or

2. The merged parcels can be easily and satisfactorily located from existing monumentation and record information;

3. All applicable fees have been paid. (Formerly 23.24.015)

A parcel merger shall be effected either by the recordation of a parcel merger map or at the discretion of the Director of Planning with the concurrence of the County Surveyor by recordation of a notice of parcel merger in form approved by the Director of Planning. In the event the Director of Planning waives the requirement for the recordation of a parcel merger map, condition of SCC 23.24.150(F) may be waived. The parcel merger map or the notice of parcel merger shall contain the following statements, the execution of which are conditions precedent to the recordation of the parcel merger map or notice of parcel merger, as the case pertains:

Tax Collector’s Statement

The Tax Collector of Sierra County, state of California, does hereby certify that there are no liens against the parcels as shown hereon, for unpaid property taxes or special assessments not yet payable. Estimated taxes or special assessments which are a lien but not yet payable have been deposited with the Tax Collector. This statement is valid through ____________.

_________________________ Sierra County Tax Collector

Date:_________.

Planning Director's Statement

The Sierra County Planning Director has reviewed and found the proposed parcel merger, as shown hereon, to be in compliance with the Subdivision Map Act and local ordinance. All conditions of approval have been satisfactorily complied with.

________________________ Sierra County Planning Director

Date:_________.

County Surveyor’s Statement

The Sierra County Surveyor has reviewed and found the proposed parcel merger, as shown hereon, to be in compliance with the Subdivision Map Act and local ordinance.

________________________ Sierra County Surveyor

Date:_________.

Recordation of the record of survey map, notice of merger, partial reconveyance, and supplementary deeds of trust, if applicable, shall be concurrent and shall constitute constructive notice of the parcel merger. (Formerly 23.24.016)

An approval or conditional approval shall expire six months from the date of approval of the parcel merger application, unless a request for an extension has been filed. Upon written request by the surveyor or engineer filing the record of survey map, an extension of up to an additional 90 days may be granted by the Planning Director if he determines that unavoidable delay has prevented the timely submittal of the parcel merger map or other documents necessary to effect the parcel merger. (Formerly 23.24.017)

SCC 23.24.180 through 23.24.250 provide the sole and exclusive authority for county-initiated merger of contiguous parcels. On and after January 1, 1984, parcels may be merged by initiation of such mergers by the local agencies only in accordance with the authority and procedures prescribed by these sections. (Formerly 23.24.018)

Contiguous parcels or units held by the same owner shall be merged if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size under the zoning code of the county applicable to the parcels or units of land and if all of 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 exists:

1. Comprises less than 5,000 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 specific plan, other than minimum lot size or density standards.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

C. This section shall not apply if one of the following conditions exist:

1. On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open space land pursuant to a contract, agreement, scenic restriction, or open space easement, as defined and set forth in Cal. Rev. & Tax. Code § 421.

2. On or before July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subsection (f) of Cal. Gov’t. Code § 51100, or is land devoted to an agricultural use as defined in subsection (b) of Cal. Gov’t. Code § 51201.

3. On or before July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.

4. On or before July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency.

For purposes of subsections (C)(3) and (C)(4) of this section, “mineral resource extraction” means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity. (Formerly 23.24.019)

A. A merger of parcels becomes effective when the county causes to be filed for record with the County Recorder in which the real property is located, a notice of merger specifying the names of the record owners and particularly describing the real property.

B. Notice of Intention to Determine Status. Prior to recording a notice of merger, the county shall cause to be mailed by certified mail to the current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing 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 in which the real property is located on the date that notice is mailed to the property owner. (Formerly 23.24.020)

At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the Planning Commission a request for a hearing on determination of status. (Formerly 23.24.021)

Upon receiving a request for a hearing on determination of status, the county shall fix a time, date and place for a hearing to be conducted by the Planning Commission and shall so notify the property owner by certified mail. The hearing shall be conducted not less than 30 days following the county’s receipt of the property owner’s request therefor, but may be postponed or continued with the mutual consent of the county and the property owner. (Formerly 23.24.022)

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in the merger ordinance.

At the conclusion of the hearing, the Planning Commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing. (Formerly 23.24.023)

If, within a 30-day period specified in SCC 23.24.210, the owner does not file a request for a hearing, the local agency may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in SCC 23.24.230 no later than 90 days following the mailing of notice as required by SCC 23.24.200. (Formerly 23.24.024)

If, in accordance with SCC 23.24.230 or 23.24.240, the Planning Commission determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in SCC 23.24.200 a release of the notice of intention to determine status, recorded pursuant to Cal. Gov’t Code § 66451.13, and shall forward a clearance letter to the then current owner of record. (Formerly 23.24.025)