Woodside Municipal Code § 152.042 Hearings to determine status of mergers

The Town may initiate merger of two or more parcels of real property through Planning Commission action when the following conditions are met:

(A) The parcels are contiguous;

(B) The parcels have the same ownership as of the date the notice of intention to determine status is recorded;

(C) At least one of the parcels is nonconforming, having an area less than the minimum prescribed area for the zoning district in which it is located;

(D) At least one of the parcels is either:

(1) 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

(2) Developed only with an accessory structure or accessory structures; or

(3) Developed with a single structure, other than an accessory structure, located partially on a contiguous parcel.

(E) With respect to any affected parcel, at least one or more of the following conditions must exist:

(1) It comprises less than 5,000 square feet in area at the time of the determination of merger;

(2) It was not created in conformance with applicable laws and ordinances in effect at the time of its creation;

(3) It does not meet current standards for sewage disposal and domestic water supply;

(4) It does not meet slope stability standards;

(5) It has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

(6) Its development would create health or safety hazards; or

(7) It is inconsistent with the General Plan, and any applicable Specific/Area Plan, for reasons other than minimum parcel size or density standards.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) A written notice shall be sent to the owners of the parcels affected, notifying them of the Town's intention to determine status and describing the procedure and standards, as set forth in this subchapter, for a merger to occur.

(B) The notice of intention shall be sent by certified mail, return receipt requested, to the owners of the affected parcels.

(C) A copy of the notice of intention shall be recorded with the San Mateo County Recorder on the same date the notice is mailed to the owners.

(D) The written notice of intention shall advise the owners that a hearing before the Planning Commission may be requested, within 30 days after the date of such notice, by written application to the Planning Director to determine the status of the affected parcels and to present evidence that such parcels do not meet the standards for merger.

(E) Upon receiving an application for a hearing on the determination of status, the Planning Director shall place the matter, within 60 days on the Planning Commission agenda and shall send the owners notice of the time and place of the hearing, by certified mall, return receipt requested.

(F) All written notices shall be sent to the owners of the affected parcels as they appear on the last County Tax Assessor's roll.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

(A) At its public hearing, the Planning Commission shall receive evidence from the Planning Director as to the affected property meeting the standards for merger. Owners shall be given the opportunity to rebut such evidence and to present any evidence demonstrating why the affected property should not be merged because it does not meet the standards for the merger as outlined in this article of the chapter (Article IV). At the end of the hearing, the Planning Commission shall make a determination whether the affected parcels do or do not meet the standards for merger. The Planning Director, within 30 days after the decision, shall send written notice thereof to the affected owners.

(B) If the Planning Commission determines that the parcels are to be merged, the Planning Director, within 30 days after the decision, shall record, with the County Recorder, a Notice of Merger describing the real property, the owners, and the Planning Commission action.

(C) If the Planning Commission determines that the parcels shall not be merged, the Planning Director, within 30 days after the decision, shall record, with the County Recorder, a Release of Notice of Intention to Merge.

(D) The merger of the affected parcels shall become effective on the date of the recordation of the Notice of Merger.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

If, within the 30-day period specified in Section 152.042 of this subchapter, the owners of the affected parcels do not request a hearing pursuant to said Section 152.042, the Planning Director shall place the matter on the Planning Commission agenda, and the Planning Commission shall determine whether the parcels affected shall be merged or not. The Planning Director shall provide notice of the Planning Commission action to the owners affected and record either a Notice of Merger, or a Release of Notice of Intention to Merge, whichever is appropriate, in accordance with the procedures set forth in said Section 152.042 of this subchapter. The Notice of Merger or Release of Notice of Intention to Merge shall be recorded with the County Recorder within 90 days after the mailing and recording of the initial notice of intention to merge.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)

Parcels otherwise eligible for merger pursuant to the provisions of this subchapter shall be exempt if one of the following conditions exists:

(A) On or before July 1, 1981, one or more of the contiguous parcels is enforceably restricted open space land pursuant to a contract, agreement, scenic restriction, or open space easement, as defined and set forth in Revenue & Taxation Code § 421; or

(B) On or before July 1, 1981, one or more of the contiguous parcels is timberland as defined in Government Code § 51104(f) or is land devoted to an agricultural use as defined in Government Code § 51201(b).

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)