Walnut Creek Municipal Code Art. 10 Parcel Mergers

Except as otherwise provided in this Article, two or more contiguous parcels or units of land which have been created under the provisions of this chapter or the Subdivision Map Act shall not merge solely by virtue of the fact that the contiguous parcels are held by the same owner. No further proceedings under this chapter shall be required for the purpose of sale, lease or financing.

Two or more contiguous parcels or units held by the same owner shall be considered as merged if any one of the contiguous parcels or units held by the same owner does not conform to the standards for minimum parcel size, under the Zoning Ordinance, and if all the following requirements are satisfied:

1. 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.

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

a. Comprises less than 5,000 square feet in area at the time of the determination of merger.

b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

c. Does not meet current standards for sewage disposal and domestic water supply.

d. Does not meet slope stability standards.

e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

f. Its development would create health or safety hazards.

g. Is inconsistent with the General Plan and any applicable 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.

Subsection 2 shall not apply if one or more of the contiguous parcels or units complies with §10-1.1008.2.a through d.

Prior to recording a notice of merger, the City Engineer 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 and the owner may request a hearing before the City Engineer 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.

The owner of the affected property may file a written request for a hearing with the City Engineer within thirty (30) days after recording of the notice of intention to determine status. Upon receipt of the request, the City Engineer shall set a time, date and place for a hearing and notify the owner by certified mail. The hearing shall be conducted within thirty (30) days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the City Engineer 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 Section 10-1.1002.

At the conclusion of the hearing, the City Engineer 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 the determination.

(§ 1, Ord. 1603, eff. 9/13/1984)

If the City Engineer makes a determination that the parcels are to be merged, a determination of merger shall be recorded within ninety (90) days of the mailing of the notice of the hearing to the owner. The determination of merger shall specify the name of the record owners and a description of the property.

If the City Engineer makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be recorded and a clearance letter mailed to the owner.

(§ 1, Ord. 1603, eff. 9/13/1984)

If the owner does not file a request for a hearing within thirty (30) days of the recording of the notice of intention to determine status, the City Engineer may, at any time, make a determination that the parcels are or are not to be merged. If they are to be merged, a determination of merger shall be recorded within ninety (90) days of the mailing of the notice of intent to determine status.

(§ 1, Ord. 1603, eff. 9/13/1984)

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 City Engineer and to all notices required by this article. Upon receipt of the waiver, the City Engineer shall record a notice of intention to determine status, a waiver of right of hearing and notice, and a notice of merger simultaneously.

(§ 1, Ord. 1603, eff. 9/13/1984)

Any parcel which has merged under the provisions of any law prior to January 1, 1984, and for which a notice of merger has not been recorded prior to January l, 1984, shall be unmerged if on that date:

1. The parcel meets each of the following criteria:

a. Contains at least 5,000 square feet in area.

b. Was created in compliance with applicable laws and ordinances in effect at the time of its creation.

c. Meets current standards for sewage disposal and domestic water supply.

d. Meets slope density standards.

e. Has legal access which is adequate for vehicular and safety equipment access and maneuverability.

f. Its unmerger and development would create no health or safety hazards.

g. The unmerged parcel would be consistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.

2. And, with respect to the parcel, none of the following conditions existed on or before July 1, 1981:

a. One or more of the contiguous parcels or units of land is enforceably restricted open-space land by a contract, agreement, scenic restriction, or open-space easement.

b. One or more of the contiguous parcels or units of land is timberland or is land devoted to an agricultural use.

c. 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 with a use permit issued by the City.

d. One or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral extraction has been issued by the City.

(§ 1, Ord. 1603, eff. 9/13/1984; § 1, Ord. 1603, eff. September 13, 1984)

Upon written application made by the owner, the City Engineer shall make a determination that the affected parcels have merged or are to be unmerged. If the City Engineer determines that the parcels have not merged, the owner shall be so notified.

If the City Engineer determines that the parcels have merged and that they meet the requirements for unmerger in §10-1.1008, a notice of status shall be issued to the owner and recorded which shall identify each parcel and declare that they are unmerged.

If the City Engineer determines that the parcels have merged and do not meet the requirements in Section 10-1.1008, a notice of merger specifying the record owner and a description of the parcel shall be issued to the owner and recorded.

(§ 1, Ord. 1603, eff. September 13, 1984)

The fee for processing by the City shall be in accordance with the City's Resolution Establishing Fees and Charges.

(§ 1, Ord. 1603, eff. September 13, 1984)