Chapter 16.40
MERGERS BY DEED
Sections:
16.40.020 Application requirements.
16.40.030 Application review process.
16.40.040 Approval or disapproval by planning officer.
Prior legislation: Ords. 82-1 and 86-07 and prior code § 9-12(A) through (C).
16.40.010 Purpose.
The purpose of this chapter, pursuant to Government Code Section 66499.20-3/4 and this chapter, is to provide a process for the merger of contiguous lots or parcels under common ownership without first reverting to acreage. (Ord. 08-05 § 1, 2008)
16.40.020 Application requirements.
A. Form Required. An application for merger shall be on a form approved by the planning officer, shall include a legal description of the lots or parcels to be merged, a preliminary title report as to such lots or parcels, and a legal description, prepared according to law, of the resulting merged lots or parcels.
B. Fee. The application shall be subject to a fee as set forth by the city council.
C. Owner’s Consent Required. All persons owning an interest in the lots or parcels to be merged shall consent to the merger by executing an owner’s certificate consenting to the merger. The owner’s certificate shall be in a form approved by the planning officer.
D. Consistency with Zoning Code. No merger of lots or parcels already improved with one or more living units shall be approved pursuant to this section, unless the resulting single merged lot or parcel complies with the density requirements of HMC Title 17. If the contiguous lots or parcels under common ownership are of sufficient area, the resulting merged lot or parcel must comply with the minimum parcel area and frontage requirements specified in HMC Title 17. Otherwise, the resulting lot or parcel must comply as nearly as possible with those area and frontage requirements.
E. Findings of Sufficient Services. In order to ensure that the subject parcels have adequate services, the planning officer shall make one or more of the following findings as applicable:
1. The subject parcels are located within an existing assessment district or will join an existing assessment district that provides adequate services.
2. The subject parcels have adequate services.
3. The property owners will participate in the formation of an assessment district that provides adequate services. (Ord. 08-05 § 1, 2008)
16.40.030 Application review process.
A. Administrative Action. Approval of a merger is an administrative action that is not subject to the CEQA guidelines.
B. Review by Other Departments. The planning officer shall refer an application for merger to other affected city departments. These departments shall review the application and submit their comments in writing to the planning officer.
C. Modification of Encumbrances. Prior to approval, all encumbrances, including bonded indebtedness, shall be modified to apply uniformly to each entire resulting lot or parcel, rather than to the portions of each resulting lot or parcel corresponding to the separate lots or parcels prior to the merger. (Ord. 08-05 § 1, 2008)
16.40.040 Approval or disapproval by planning officer.
The planning officer shall review the application for compliance with this article and shall review and consider any comments received from affected city departments. The planning officer shall then approve the application, if it complies with the requirements of this chapter. The planning officer shall give written notice of his or her action on the application by mail to the applicant and owners. (Ord. 08-05 § 1, 2008)
16.40.050 Filing process.
After final approval of an application, the city clerk shall record a certificate of merger, including the owner’s consent to merger, to evidence the merger of the lots or parcels. The certificate of merger shall be of a form approved by the city clerk and may include a notation to the effect that:
A. Developable. Approval of the merger does not guarantee that the resulting lot or parcel is developable;
B. Sale. The individual lots or parcels which have been merged are not separately available for sale, lease, and/or financing purposes; and
C. Compliance. Development of a parcel resulting from merger pursuant to this section must be in compliance with any and all applicable state and city statutes, ordinances, and regulations. (Ord. 08-05 § 1, 2008)
16.40.060 Appeals process.
Any decision of the planning officer regarding a merger by deed may be appealed by the applicant as provided in HMC 16.04.120. (Ord. 08-05 § 1, 2008)