Chapter 17.05
MERGERS OF CONTIGUOUS PARCELS UNDER COMMON OWNERSHIP WITHOUT REVERSION
Sections:
17.05.020 Merger of parcels authorized.
17.05.040 Process for reviewing mergers.
17.05.010 Purpose.
The purpose of this chapter is to provide a simplified procedure to allow for the removal of previously approved parcel lines and the merger of contiguous parcels under common ownership at the request of the property owner, pursuant to Cal. Gov’t Code § 66499.20-3/4. The procedure provided by this chapter is an alternative to the procedures provided by Chapters 17.04, 17.06, 17.07 and 17.08 DMC. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map, a final map or a parcel map for any merger. [Ord. 09-026.]
17.05.020 Merger of parcels authorized.
Pursuant to Cal. Gov’t Code § 66499.20-3/4, the Community Development Director is authorized to approve the merger requested by the property owner of contiguous parcels under common ownership without reversion to acreage, upon making the findings and utilizing the procedures set forth in this chapter when said merger is not part of a development project requiring entitlements from the Commission. Mergers which are part of a development project requiring one (1) or more entitlements from the Commission require approval by the Commission. [Ord. 09-026.]
17.05.030 Application.
A. An application for a merger pursuant to this chapter shall be filed with the Community Development Department and shall include the following information, materials and documents:
1. Drawings specifying the location of the existing lots, the proposed merger and the boundaries and dimensions of the proposed new lot;
2. A legal description satisfactory to the City Engineer and a current preliminary report issued by a title company for each of the affected lots; and
3. Such additional information as the Community Development Director may require pursuant to DMC 17.06.040(C) and 17.06.060 considering the magnitude of the adjustment; its relation to existing buildings, structures, and landscaping; the present use and zoning of the property; location and extent of public improvements; its relation to adopted plans for the area; and compliance with the Subdivision Map Act or other ordinances and plans of the City.
B. The application shall be accompanied by a filing fee established by resolution of the Council. [Ord. 09-026.]
17.05.040 Process for reviewing mergers.
A. The procedures for reviewing lot line adjustments shall apply to applications pursuant to this chapter to merge four (4) or fewer contiguous parcels under common ownership.
B. Mergers which are not sought as part of a development project requiring approval of one (1) or more entitlements by the Commission shall be approved by the Community Development Director using the same procedures which apply for lot line adjustments.
C. Mergers which are sought as part of a development project requiring approval of one (1) or more entitlements by the Commission shall be approved by the Commission.
D. Prior to recordation of a notice of merger, the City shall adhere to the additional notification and hearing requirements contained in Cal. Gov’t Code §§ 66451.13, 66451.14, 66451.15 and 66451.16. [Ord. 09-026.]
17.05.050 Findings.
The Commission shall not approve any merger of parcels pursuant to this chapter unless it makes all of the following findings:
A. That all existing streets and utility easements of record are reserved;
B. That the resulting parcel conforms to the requirements of this title, the City General Plan, any applicable specific plan, the City zoning ordinance, and the Building Code. [Ord. 09-026.]
17.05.060 Appeals.
The applicant or any interested person affected by any Commission action on a merger of contiguous parcels under common ownership may appeal that decision to the Council as provided in DMC 17.01.050. [Ord. 09-026.]