Two or more contiguous parcels or units of land which have been
created under the provisions of the Subdivision Map Act or any prior
law regulating the division of land, or this title or any predecessor
ordinance, or which were not subject to such provisions at the time
of their creation, shall not merge by virtue of the fact that such
contiguous parcels or units are held by the same owner. No further
proceedings under this title shall be required for the purpose of
sale, lease or financing, except as provided by this chapter.
(Code 1980, § 16.48.010; Ord. No. 28-B, § 1.1101, 1981)
If any one of two or more contiguous parcels or units held by
the same owner does not conform to standards for minimum parcel size
to permit use or development and at least one parcel or unit has not
been developed with a building for which a building permit is required
or which was built prior to the time such permits were required, then
such parcels shall be considered as merged for the purpose of the
Subdivision Map Act.
(Code 1980, § 16.48.020; Ord. No. 28-B, § 1.1102, 1981)
A.
Whenever
the city engineer or an authorized representative has knowledge that
real property has merged pursuant to this chapter, they shall cause
to be filed with the county recorder a notice of merger; provided
that, at least 30 days prior to recording of notice the owner of the
parcels or units shall be advised in writing of the intention to record
such notice.
B.
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.
C.
The
notice of merger to be recorded shall specify the names of the record
owners describing the property to be merged.
(Code 1980, § 16.48.030; Ord. No. 28-B, § 1.1103, 1981)
A.
Upon
request of the legal owner of contiguous parcels, the city engineer
or authorized representative may approve the merger of the property.
Such request shall be in writing and shall be accompanied by such
data and documents as required by the city engineer's office.
B.
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
engineer.
C.
In
approving such merger, the city may impose reasonable conditions.
The reasonableness of such conditions may be appealed, within 15 days
of written notice of the conditions, to the city council.
D.
A fee
to be charged at actual cost shall be charged to the applicant for
processing such merger. A deposit may be required to be applied toward
this fee.
(Code 1980, § 16.48.040; Ord. No. 28-B, § 1.1104, 1981)
