This chapter is enacted for the purpose of amending the existing merger provisions of the Town (previously subsection (4) of subsection (a) and subsection (b) of Section 10-3.1908 of Article 19 of this chapter) to bring them into compliance with Sections 66451.11 et seq. of the Government Code of the State. The Town had a merger ordinance in existence prior to January 1, 1984.

(§ 3, Ord. 872, eff. August 8, 1985)

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a)

"Contiguous" shall mean 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.

* Sections 10-3.2701 through 10-3.2705, as added by Interim Emergency Ordinance No. 637, effective October 10, 1972, as amended by Ordinance Nos. 640, effective January 11, 1973, and 647, effective May 24, 1973, automatically expired October 10, 1974. Sections 10-3.2701 through 10-3.2706, as added by Interim Ordinance No. 679, effective December 12, 1974, repealed by implication by Ordinance No. 872, effective August 8, 1985.

(b)

"Merger" shall mean the joining of two (2) 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.

(c)

"Minimum parcel size" shall mean the minimum size to permit development under established zoning, subdivision, or other Town laws. Minimum size shall include the lot area required by an applicable slope ordinance or policy.

(d)

"Same owner". 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 (2) or more contiguous parcels.

(§ 3, Ord. 872, eff. August 8, 1985)

Except as provided for in this chapter, two (2) 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 Subdivision Map Act of the State;

(b)

Pursuant to the provisions of this title;

(c)

Pursuant to any prior Town ordinance regulating the division of land; or

(d)

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 the sale, lease, or financing of such contiguous parcels or units of land.

(§ 3, Ord. 872, eff. August 8, 1985)

When any one of two (2) or more contiguous parcels or units of land, which are held by the same owner or owners, does not conform to the standards for minimum parcel size under the applicable zoning designation, the contiguous parcels shall merge if all 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, which is also partially sited on a contiguous parcel or unit of land; and

(b)

With respect to any affected parcel, one or more of the following conditions exist:

(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 the 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; and

(7)

Is inconsistent with the General Plan other than the minimum lot size or density standards.

For the purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date the notice of intent to determine status is recorded pursuant to Section 10-3.2705 of this article.

This subsection (b) 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 of the State.

(§ 3, Ord. 872, eff. August 8, 1985; as amended by § 2, Ord. 1036, eff. January 9, 2004)

A merger of parcels or units of land shall become effective on the date a notice of merger is filed for record with the County Recorder. A notice of merger shall specify the names of the record owner or owners and shall particularly describe the real property which is the subject of the merger.

(§ 3, Ord. 872, eff. August 8, 1985)

Prior to recording a notice of merger, the Director of Public Works or Council shall cause to be mailed by certified mail to the then 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 10 of the San Anselmo Municipal Code, and advising the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the property does not meet the criteria for a merger. The notice shall also inform the owner or owners that the Director of Public Works or Council is authorized to make a determination of merger or non-merger in accordance with Section 10-3.2708 of said Code in the event a request for a hearing is not filed within thirty (30) days pursuant to Section 10-3.2706 of said Code. The notice of intention to determine status shall be filed for record with the County Recorder on the date notice is mailed to the property owner.

(§ 3, Ord. 872, eff. August 8, 1985)

At any time within thirty (30) days after the recording of the notice of intention to determine status, the owner of the affected property may file with the Director of Public Works a request for a hearing on the determination of status.

(§ 3, Ord. 872, eff. August 8, 1985)

Upon receiving a request for a hearing on the determination of status, the Director of Public Works shall fix a time, date, and place for a hearing to be conducted by the Council and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty (30) days following the receipt of the property owner's request for a hearing by the Director of Public Works but may be postponed or continued with the mutual consent of the Director of Public Works 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 this Title 10. At the conclusion of the hearing, the Council 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 thirty (30) days after the conclusion of the hearing as provided for in Section 10-3.2705 of this article.

(§ 3, Ord. 872, off. August 8, 1985)

If, within the thirty (30) day period specified in Section 10-3.2706 of this article, the owner does not file a request for a hearing on the determination of status, the Director of Public Works, at any time thereafter, may 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 10-3.2704 of this article no later than ninety (90) days following the mailing of the notice required by Section 10-3.2707 of this article.

(§ 3, Ord. 872, eff. August 8, 1985)

The Council or Director of Public Works, as applicable, may make a determination of non-merger, whether or not the affected property meets the standards set forth in Section 10-3.2703 of this article, provided the following findings are affirmatively made:

(a)

That the parcels were created by a parcel map or final map in accordance with the provisions of this Code in effect at the time of their creation; and

(b)

That the non-merger and subsequent development of the individual parcels would not be contrary to the public health, safety, or welfare.

(§ 3, Ord. 872, eff. August 8, 1985)

If, in accordance with Section 10-3.2707, 10-3.2708, or 10-3.2709 of this article, the Director of Public Works or Council determines that the subject property shall not be merged, the Director of Public Works or Council shall cause to be recorded, in the manner set forth in Section 10-3.2704 of this article, a release of the notice of intention to determine status recorded pursuant to Section 10-3.2705 of this article and shall mail a clearance letter to the then current owner of record.

(§ 3, Ord. 872, eff. August 8, 1985)

In the case of parcels or units of land merged prior to January 1, 1984, for which no notice of merger was recorded, the following procedure shall apply:

(a)

The Director of Public Works, no later than January 1, 1986, shall record a notice of merger.

(b)

At least thirty (30) days prior to recording a notice of merger, the Director of Public Works 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 Council why such notice should not be recorded.

(c)

No notice of merger shall be recorded if the parcels would be deemed not to have merged pursuant to the criteria set forth in Section 10-3.2712 of this article.

(§ 3, Ord. 872, eff. August 8, 1985)

Any parcel or unit 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 and domestic water supply;

(4)

Meets the lot slope stability standards;

(5)

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

(6)

The development of the parcel would create no health or safety hazards; and

(7)

The parcel would be consistent with the General Plan or any applicable plan, other than a minimum lot size or the density standards; and

(b)

With respect to such parcel, on or before July 1, 1981, one or more of the contiguous parcels or units of land is not enforceably restricted as 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 of the State.

(§ 3, Ord. 872, eff. August 8, 1985 as amended by § 2, Ord. 1036, eff. January 9, 2004)

Upon an application made by the owner and the payment of any requested fee, the Council or Director of Public Works, as applicable, shall make a determination that the affected parcels have merged or, if meeting the criteria of Section 10-3.2712 of this article, are deemed not to have merged. As part of an application for a determination on a merger, an owner may request a public hearing. If a public hearing is requested, the Council shall make the determination on the merger. If no public hearing is requested, the Director of Public Works shall make the determination on the merger. In either event, the Director of Public Works shall make the determination on the merger. In either event, the Director of Public Works shall provide thirty (30) days' written notice to the owner of the affected parcels of the date and place of the hearing or the decision on the determination of the merger.

(§ 3, Ord. 872, eff. August 8, 1985)

The owner of the affected parcels shall be notified as follows:

(a)

Upon a determination that the parcels meet the standards specified in Section 10-3.2712 of this article, the Director of Public Works 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.

(b)

Upon a determination that the parcels have merged and do not meet the criteria specified in said Section 10-3.2712, the Director of Public Works shall issue to the owner and record with the County Recorder a notice of merger as provided in Section 10-3.2704 of this article.

(§ 3, Ord. 872, eff. August 8, 1985)

As authorized by California Government Code Section 66499.20-3/4, contiguous parcels under common ownership may be voluntarily merged without reverting to acreage upon the recordation of a parcel map or other Town approved instrument evidencing the merger. Such voluntary merger may be approved without public hearing by the Director of Public Works or the Director's designee.

(Ord. 915, eff. October 11, 1990)