The purpose of this article is to establish the procedures and standards for the merger into one (1) parcel of two (2) or more contiguous parcels of land that were created under the provisions of the Subdivision Map Act or any prior State law regulating the division of land.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Criteria. Pursuant to the Subdivision Map Act and the requirements of this chapter, the City may initiate the merger of two (2) or more contiguous parcels held by the same owner if any one (1) of the contiguous parcels does not conform to the standards for minimum lot area or width established by Article 7 of Chapter 4, and if all the following requirements are satisfied:
(1) 
At least one (1) 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 structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on the contiguous parcel proposed for merging.
(2) 
One (1) or more of the following conditions exists for at least one (1) of the affected parcels:
a. 
The parcel comprises less than two thousand five hundred (2,500) square feet in area at the time of the determination of merger.
b. 
The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
c. 
The parcel does not meet current standards for sewage disposal and domestic water supply.
d. 
The parcel does not meet slope stability standards.
e. 
The parcel has no legal access that is adequate for vehicular and safety equipment access and maneuverability.
f. 
Development would create health or safety hazards.
(b) 
Procedures.
(1) 
Notice of Intention to Determine Status. The Director 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 that the property owner may request a hearing on the determination of status before the Planning Commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be recorded at the office of the Alameda 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 Director within thirty (30) days after the recording of the notice of intention to determine status.
(2) 
If a Hearing Is Requested. Upon receipt of a request for a hearing, the Director shall set the time, date and place for the hearing and notify the property owner by certified mail. The hearing shall be conducted not more than sixty (60) days following the receipt of the property owner's request, or may be postponed or continued by mutual consent of the Director 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 this chapter for merger. At the conclusion of the hearing, the Planning Commission shall determine whether or not the affected parcels shall be merged. If the Planning Commission makes a determination that the parcels are to be merged, the City Engineer shall record a determination of merger in the form of a certification of compliance within thirty (30) days of the Commission's determination unless the property owner files an appeal pursuant to Section 9-6.505. The determination of merger/certificate of compliance shall specify the name of the record owners and a description of the property. The Director shall notify the property owner of the determination.
(3) 
If a Hearing Is Not Requested. If, within the thirty (30) day period following the recording of the notice of intention to determine status, the property owner does not file a request for hearing, the Director and City Engineer shall make a determination whether or not the affected parcels are to be merged. If the Director and City Engineer determine that the parcels shall be merged, the City Engineer shall record a determination of merger in the form of a certificate of compliance within ninety (90) days following the mailing of the notice of intention to determine status. The determination of merger/certificate of compliance shall specify the name of the record owners and a description of the property. The Director shall notify the property owner of the determination.
(4) 
If Parcels Are Not to Be Merged. If the Planning Commission, or the Director and City Engineer, as the case may be, determine that the parcels shall not be merged, the City Engineer shall record a certificate of compliance for the unmerged parcels and a release of the notice of intention to determine status, and the Director shall mail a clearance letter to the owner of record.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Request for Determination. Within thirty (30) days of the receipt of a written application to the Director by the owner of the affected parcels, and payment of required fees, the Director and City Engineer shall determine whether the affected parcels shall be merged and the Director shall notify the property owner of the determination. If the Director and City Engineer determine that the parcels shall not be merged, the property owner may file a written request for a hearing with the Planning Commission pursuant to the requirements of this article within thirty (30) days of the date of the Director's notice. The Planning Commission shall then hold a hearing on the proposed merger. If the Planning Commission makes a determination that the parcels are to be merged, the City Engineer shall record a determination of merger in the form of a certificate of compliance within thirty (30) days of the Commission's determination. The determination of merger/certificate of compliance shall specify the name of the record owners and a description of the property. The Director shall notify the property owner of the determination.
(b) 
Waiver of Right to Hearing. If the merger of contiguous parcels is initiated by the record owner, the owner may waive the right to a hearing before the Planning Commission 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/certificate of compliance simultaneously.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
A property owner may apply to the Director for a determination that any parcels of land for which a notice of merger had not been recorded on or before January 1, 1984, are deemed not to have been merged under Section 66451.30 of the Subdivision Map Act. If the Director and City Engineer determine that the parcels meet the standards specified in Section 66451.30, the Director shall issue to the owner, and the City Engineer shall record with the County Recorder, a certificate of compliance declaring that the parcels are not merged.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Planning Commission's decision on a parcel merger may be appealed to the City Council in accordance with the appeal procedures in Article 14 of Chapter 7.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)