Chapter 17.51
OWNER-INITIATED MERGER AND UNMERGER
Sections:
17.51.020 Merger and resubdivision.
17.51.030 Merger of contiguous parcels under common ownership.
17.51.010 Purpose.
This chapter implements the procedures and prescribes the standards for owner-initiated merger and unmerger of land as authorized by Government Code Sections 66451.30 through 66451.302 and 66499.20 1/2 through 66400.20 3/4. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 1059 § 7, 1993.]
17.51.020 Merger and resubdivision.
Subdivided lands may be merged and resubdivided without reverting to acreage by complying with the requirements for the subdivision of land as provided by the Subdivision Map Act and this title. (Government Code Section 66499.20 1/2.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 1059 § 7, 1993.]
17.51.030 Merger of contiguous parcels under common ownership.
A. By application of all owners of record, contiguous parcels under common ownership may be merged without reverting to acreage. (Government Code Section 66499.20 3/4.)
B. To allow the merger, the city engineer, in consultation with the city planner, must find that:
1. All parcels to be merged are contiguous;
2. All parcels to be merged are under identical ownership; and
3. The resulting parcel is consistent with the city’s general plan, any applicable specific plan, PMC Title 18 and any other applicable provision of this code.
C. Upon approval of the merger, the department shall file with the county recorder an instrument evidencing the merger. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 1059 § 7, 1993.]
17.51.040 Unmerger.
A property owner may apply to the city engineer for a determination that affected parcels be deemed not to have merged under Government Code Section 66451.30. Upon a determination that the parcels meet the standards in Government Code Section 66451.30, the city engineer shall issue to the owner and record with the county recorder a notice of the status of the parcels and a declaration that the parcels are unmerged. (Government Code Sections 66451.31 through 66451.302.) [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 1059 § 7, 1993.]
17.51.050 Appeal.
A. A determination of the city engineer under this chapter may be appealed to the planning commission in accordance with the appeal procedures set forth in PMC 18.18.010 through 18.18.130, by the filing of written notice of appeal within 10 days from the date the written determination is mailed or provided.
B. A decision of the planning commission under this chapter may be appealed to the council in the manner provided, as provided in PMC 18.18.010 through 18.18.130, by the filing of written notice of appeal within 10 calendar days from the date of the planning commission decision. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 1059 § 7, 1993.]
17.51.060 Fee.
The owner shall pay a fee for processing an owner-initiated merger or unmerger in an amount fixed by resolution to cover the reasonable processing costs. [Ord. 09-1315 § 3 (Exh. A), 2009; Ord. 1059 § 7, 1993.]