Chapter 11-10
PARCEL MERGERS

Sections:

11-10-01  Mergers not required.

11-10-02  Conditions for mergers.

11-10-03  Notices of mergers.

11-10-04  Requests by property owners.

11-10-01 Mergers not required.

Two (2) or more contiguous parcels or units of land which have been subdivided under the provisions of this title or the Subdivision Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under this title shall be required for the purposes of sale, lease, or financing, except as provided by this chapter.

11-10-02 Conditions for mergers.

If any one of two (2) or more contiguous parcels held by the same owner has not been developed with a structure, other than an accessory structure, for which a building permit was issued, or which was built prior to the time such permits were required, and it meets any of the following conditions, such parcel may be considered for merger under the provisions of this chapter:

(a)  Comprises less than 3,000 square feet in area;

(b)  Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

(c)  Does not meet current standards for sewage disposal and domestic water supply;

(d)  Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

(e)  Its development would create health or safety hazards; or

(f)  Is inconsistent with the General Plan and any Specific Plan, other than minimum lot size or density standards.

11-10-03 Notices of mergers.

If the City Engineer or an authorized representative has knowledge that real property has merged pursuant to this chapter, a notice of merger shall be filed for record with the County Recorder. At least thirty (30) days prior to recording the notice, the owner of the parcels or units shall be advised by certified mail of the intent to record such notice.

The notification to the owner shall specify a time, date, and place at which the owner may present evidence as to why the notice of merger should not be recorded as set forth in the Subdivision Map Act.

The notice of merger to be recorded shall specify the names of the record owners and describe the property to be merged.

11-10-04 Requests by property owners.

Upon a request of the legal owner of contiguous parcels, the City Engineer or authorized representative may approve the merger or the property. The request shall be in writing and shall be accompanied by data and documents as required by the City Engineer's office.

Upon approval, a notice of merger shall be filed by the County Recorder. The form and contents of the notice shall be as required by the City Engineer.

In approving a merger, the City may impose reasonable conditions. The conditions may be appealed as provided by Title 1, Chapter 4 of this Code.

A fee charged at actual cost shall be charged to the applicant for processing such merger. A deposit may be required to be applied toward such fee.

(866-CS, Amended, 02/09/1995)