18.34.090 Property owner-initiated merger of contiguous parcels.
A. Application for Merger. Any property owner(s) owning contiguous parcels which have not been merged may apply to the City to merge the parcels without reverting them to acreage. A property owner wishing to merge his or her contiguous parcels shall file an application with the Planning Department secretary on a form prescribed by the Director of Planning and Building. The application shall be accompanied by the following
1. One copy, and one electronic copy conforming to the requirements set forth in Section 18.20.040(B), of a site plan accurately depicting all existing property lines, utilities, structures, easements, and major topographical features on the affected parcel;
2. A preliminary title report for each parcel to be merged; and
3. A filing fee in such amount as is prescribed from time to time by City Council resolution.
B. Application Review. A complete application for merger shall be reviewed by the Director of Planning and Building, the City Engineer, and the City Manager, who shall indicate their approval of the proposed merger if they find it is consistent with the City’s general plan and all other applicable laws and regulations.
C. Notice. If the Director of Planning and Building, the City Engineer, and the City Manager have all indicated their approval of the merger, written notice of the merger shall be posted on the City Hall bulletin board and delivered or mailed to each owner of property within one hundred feet of the properties to be merged. In lieu of written notice to property owners within one hundred feet of the properties to be merged, the applicant may provide the City with signatures of such property owners, indicating approval of the merger.
D. Approval of Merger. Recordation of Notice of Merger. If the Director of Planning and Building, the City Engineer, and the City Manager have all indicated their approval of the merger, and if all required signatures are provided, the Director of Planning and Building may approve the merger after posting the written notice. If all required signatures from neighboring property owners are not provided, any interested person may appeal the merger by submitting written notice of such appeal to the Director of Planning and Building within ten calendar days of the posting and delivery or mailing, in which event the merger approval shall be stayed until approval is obtained from the Planning Commission, or from the City Council on further appeal. Upon final approval of an application for merger, the merger shall become effective upon recordation in the Office of the Marin County Recorder of a Notice of Merger specifying the names of the record property owners and describing the real property being merged.
E. Denial of Merger. If the Director of Planning and Building, the City Engineer, and the City Manager do not approve the merger, they shall notify the applicant of their decision by written notice delivered in person or by certified mail, return receipt requested. The applicant may appeal the denial to the Planning Commission by submitting written notice of such appeal, with any applicable appeal fee, to the Director of Planning and Building within ten calendar days of the date of delivery or mailing of the notice. Upon filing of the appeal, it shall be set for hearing before the Planning Commission at its next available meeting. Any interested person may appeal the decision of the Planning Commission to the City Council by submitting written notice of such appeal, with any applicable appeal fee, within seven calendar days of the date of the Planning Commission’s action. (Ord. 2016-5 § 3, 2016; Ord. 2004-6 § 6, 2004; Ord. 2003-3 § 2, 2003.)