Chapter 16.10
MERGER OF PARCELS
Sections:
16.10.020 Merger of parcels authorized.
16.10.040 Process for reviewing mergers.
16.10.060 Notice of merger filing.
16.10.070 Merger and resubdivision without reversion.
16.10.010 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 Section 66499.20 3/4 of the Government Code. Nothing stated herein shall be construed to prevent an applicant from filing a tentative subdivision map, a final map or a parcel map for any merger. (Ord. 510 § 2, 2007)
16.10.020 Merger of parcels authorized.
Pursuant to Government Code Section 66499.20 3/4, the city planner is authorized to approve or conditionally approve a 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. At the city planner's discretion, the planning commission may take final action on a merger application after a public hearing. (Ord. 510 § 2, 2007)
16.10.030 Application.
A. An application for a merger pursuant to this chapter shall be filed with the city planner 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 planner.
3. Such additional information as the city planner may require 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 titles and plans of the city.
B. The application shall be accompanied by a filing fee. (Ord. 510 § 2, 2007)
16.10.040 Process for reviewing mergers.
A. The procedures for reviewing lot line adjustments pursuant to Chapter 16.07 EMC shall apply to applications pursuant to this chapter to merge contiguous parcels under common ownership.
B. The notice and hearing requirements for lot line adjustments shall apply to merger applications under this chapter. (Ord. 510 § 2, 2007)
16.10.050 Findings.
No application for merger of parcels pursuant to this chapter shall be approved or conditionally approved unless all of the following findings can be made:
A. That all existing streets and/or utility easements of record are reserved.
B. That the resulting parcel conforms to the requirements of this title, the general plan, the zoning ordinance and the California Building Code. (Ord. 510 § 2, 2007)
16.10.060 Notice of merger filing.
Upon approval, a “notice of merger” shall be filed with the county recorder. The form and content of the notice shall be as required by the city. (Ord. 510 § 2, 2007)
16.10.070 Merger and resubdivision without reversion.
A. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with the applicable requirements for the subdivision of land as provided by the Subdivision Map Act and this title. A parcel map shall be required for resubdivisions creating four or fewer parcels. A tentative subdivision and final map shall be required for resubdivisions creating five or more parcels.
B. Any unused fees or deposits previously made pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision.
C. The filing of the parcel map or final map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel.
D. The filing of parcel map or final map shall constitute abandonment of all public streets and public easements not shown on the map. There shall be a written notation of such abandonment listed by reference to the recording data creating said public streets or public easements. The city clerk, for final maps, or the city engineer, for parcel maps, shall certify such abandonments on the map. (Ord. 510 § 2, 2007)