This chapter is enacted for the purpose of amending the existing merger ordinance of the City of Mill Valley (previously Section 21.04.044 of the Mill Valley Municipal Code) to bring it into compliance with Section 66451.11 of the California Government Code. The City of Mill Valley had a merger ordinance in existence prior to January 1, 1984.
When used in this chapter the following terms shall have the following meanings:
means touching or adjoining at more than one point. Property shall be considered contiguous even if it is separated by roads, streets, utility easements or railroad rights-of-way.
means the merger of parcels by or through the law without any direct action by the City or property owner. As used in this chapter, "merged by operation of law" refers to the merger of parcels pursuant to the provisions of the Mill Valley Municipal Code and the State Subdivision Map Act in effect prior to January 1, 1984.
means the joining of two or more contiguous parcels or units of improved or unimproved land, which are held by the same owner or owners, into one building site pursuant to this title. Parcels or units may include land division or subdivision lots, assessor's tax parcels, or lots created by deed.
means the minimum size to permit development under established zoning, subdivision or other City codes. Minimum size includes lot area required by any applicable lot slope or density standards of Title 20 (Zoning) of the Mill Valley Municipal Code.
Contiguous parcels or units of land are considered to be held by the same owner if one owner holds at least a fractional share in two or more contiguous parcels.
Except as provided for in this chapter, two or more contiguous parcels or units of land shall not merge by virtue of the fact that such contiguous parcels are held by the same owner if they were created in one of the following manners:
A.
Pursuant to the provisions of the State Subdivision Map Act;
B.
Pursuant to Mill Valley Municipal Code, Title 21;
C.
Pursuant to any prior City ordinance regulating the division of land;
D.
Or were not subject to such provisions at the time of their creation. If such creation has occurred, no further proceeding under the provisions of this title shall be required to permit sale, lease or financing of such contiguous parcels or units of land.
When any one of two or more contiguous parcels or units of land, which are held by the same owner or owners, on or after January 1, 1984, does not conform to the standards for minimum parcel size under the applicable zoning designation, the contiguous parcels shall merge 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 of land.
B.
With respect to any affected parcel, one or more of the following conditions exist:
1.
At least one of the affected parcels comprises less than 5,000 square feet in area at the time of the determination of merger.
2.
At least one of the affected parcels was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
3.
At least one of the affected parcels does not meet current standards for sewage disposal.
4.
At least one of the affected parcels does not meet current standards for domestic water supply.
5.
At least one of the affected parcels does not meet slope stability standards. A parcel will be deemed to not meet slope stability standards if more than 50% of its gross area is located within slope stability zones 3 and 4 as shown on the maps prepared by Earth Science Associates as part of the Mill Valley General Plan.
6.
At least one of the affected parcels has no legal access which is adequate for vehicular and safety equipment access and maneuverability. The standards of access shall be those contained in Title 21 of the Mill Valley Municipal Code.
7.
The development of at least one of the affected parcels would create health or safety problems.
8.
At least one of the affected parcels is inconsistent with the policies of the Mill Valley General 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 the notice of intent to determine status is recorded pursuant to Section 21.70.035. |
C.
Subsection B of this section shall not apply if 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 Section 421 of the Revenue and Taxation Code.
A merger of parcels or units of land becomes effective on the date a notice of merger is filed for record with the Recorder of the County of Marin. A notice of merger shall specify the names of the record owner or owners and shall particularly describe the real property that is the subject of the merger.
Prior to recording a notice of merger, the Director of Planning and Building 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 Title 21 of the Mill Valley Municipal Code, 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 shall also inform the owner or owners that the Planning Commission or Director of Planning and Building is authorized to make a determination of merger or non-merger in accordance with Mill Valley Code Section 21.70.050 based on the information available from County records in the event that a request for hearing is not filed within 30 days pursuant to Mill Valley Municipal Code Section 21.70.040. The notice of intention to determine status shall be filed for record with the recorder of the County of Marin on the date that notice is mailed to the property owner.
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 Director of Planning and Building a request for a hearing on determination of status.
When a property owner files a request for a hearing on determination of status pursuant to Section 21.70.040, the property owner may request that the hearing be conducted before the Planning Commission or the Zoning Administrator. When a request for hearing does not specify a hearing body, the Zoning Administrator shall conduct the public hearing. In any event, where the Zoning Administrator determines that significant policy questions are at issue, the Zoning Administrator may refer the determination of merger to the Planning Commission for action.
Upon receiving a request for a hearing on determination of status, the Director of Planning and Building shall fix a time, date, and place for a hearing to be conducted by the Planning Commission or the Zoning Administrator, as applicable, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than 30 days following the Director's receipt of the property owner's request for hearing, but may be postponed or continued with the mutual consent of the Director of Planning and Building 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 standards for merger specified in Title 21 of the Mill Valley Municipal Code. At the conclusion of the hearing, the Planning Commission or the Zoning Administrator, as applicable, 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 as provided for in Section 21.70.030.
If within the 30-day period specified in Section 21.70.040, the owner does not file a request for hearing on determination of status, the Director of Planning and Building 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 in Section 21.70.030 no later than 90 days following the mailing of notice required by Section 21.70.045.
If, in accordance with Sections 21.70.045, 21.70.050, or 21.70.055, the Director of Planning and Building or Planning Commission determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 21.70.030 a release of the notice of intention to determine status, recorded pursuant to Section 21.70.035, and shall mail a clearance letter to the then current owner of record.
Contiguous parcels or units of land, which were held by the same owner or owners prior to January 1, 1984, merged by operation of law if the applicable requirements of the Mill Valley Municipal Code and the Subdivision Map Act in effect prior to January 1, 1984, were satisfied. These requirements include the following:
A.
One or more of the parcels did not meet the applicable lot size requirements of Title 20 of the Mill Valley Municipal Code, and
B.
One or more of the affected parcels was undeveloped with a building or developed with a building constructed in violation of the Mill Valley Municipal Code, and
C.
The parcels were held in contiguous ownership.
In the case of parcels or units of land merged by operation of law prior to January 1, 1984, for which no notice of merger was recorded pursuant to Mill Valley Municipal Code and the State Subdivision Map Act, the following procedures shall apply:
A.
The Director of Planning and Building shall no later than January 1, 1986, record a notice of merger.
B.
At least 30 days prior to recording a notice of merger, the Director of Planning and Building shall advise the owner of the affected parcels, in writing, of the intention to record the notice and specify a time, date and place at which the owner may present evidence to the Planning Commission or the Zoning Administrator, as applicable, as to why such notice should not be recorded. In all cases where the City initiates merger proceedings pursuant to Section 21.70.065, the Zoning Administrator shall determine whether the public hearing will be conducted before the Planning Commission or the Zoning Administrator.
Any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984, shall be deemed not to have merged if on January 1, 1984:
A.
The parcel meets each of the following criteria:
1.
Comprises at least 5,000 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.
4.
Meets current standards for domestic water supply.
5.
Meets any applicable lot slope density standards of Title 20 (Zoning) of the Mill Valley Municipal Code.
6.
Has legal access which is adequate for vehicular and safety equipment access and maneuverability. The standards for access shall be those contained in Title 21 of the Mill Valley Municipal Code.
7.
Development of the parcel would create no health or safety hazards.
8.
The parcel would be consistent with the policies of the Mill Valley General Plan, other than minimum lot size or density standards.
Upon application made by the owner and payment of any required fees, the Director of Planning and Building shall make a determination that if meeting the criteria of Section 21.70.070, the affected parcels are deemed not to have merged. As part of an application for a determination of unmerger, an owner may request a public hearing. If a public hearing is requested, the Planning Commission or the Zoning Administrator, as applicable, shall make the determination on unmerger. If no public hearing is requested, the Director of Planning and Building shall make the determination on unmerger. In either event, the Director of Planning and Building shall provide 30 days' written notice to the owner of the affected parcels of the date and place of the hearing or decision on the determination of unmerger.
When a property owner files an application for determination of unmerger and requests a public hearing pursuant to Section 21.70.075, the property owner may request that the hearing be conducted before the Planning Commission or the Zoning Administrator. When a request for hearing does not specify a hearing body, the Zoning Administrator shall conduct the public hearing. In any event, where the Zoning Administrator determines that significant policy questions are at issue, the Zoning Administrator may refer the determination of unmerger to the Planning Commission for action.
The owner of the affected parcels shall be notified as follows:
A.
Upon a determination that the parcels meet the standards specified in Section 21.70.070, the Director of Planning and Building shall issue to the owner and record with the County Recorder a notice of the status of the parcels which shall identify each parcel and declare that the parcels are unmerged pursuant to this title.
(Ord. 1031 § 2, April 15, 1985)