This chapter is intended to enable the merger of contiguous
parcels under common ownership pursuant to the authority provided
by Section 66499.20 ¾ of the Subdivision Map Act where the
Community Development Director and the City Engineer have determined
that requirements for on-site and off-site improvements have been
satisfied or will be imposed as a condition of a future entitlement
for use of the subject lot(s).
(Ord. 539 § 1, 2011)
A merger of contiguous lots under common ownership may be accomplished
by the recordation or certificate of merger where the following conditions
are met:
A. All
parcels are under common ownership and title is held in the exact
manner for each lot; and
B. There
are no easements held by a governmental agency or public or private
utility on the lots to be merged or all agencies or utilities owning
an easement on the lots to be merged have indicated in writing either
that they have no objection to the merger or that they will have no
objection to the merger if the easement they own is vacated or relocated.
(Ord. 539 § 1, 2011)
An application for a certificate of merger shall be filed with
the Community Development Director and shall include all of the information
required by the Community Development Director and City Engineer and
be accompanied by all of the following:
A. Title
to Property. Adequate evidence of title to the real property indicating
the lots to be merged are under common ownership;
B. Record
Maps. A copy of a filed final or parcel map, if applicable;
C. Legal
Descriptions. Legal descriptions of the lots to be merged;
D. Easements.
Evidence that all agencies or utilities owning any easement on the
lots to be merged either have no objection to the merger or will have
no objection to the merger if the easement they own is abandoned or
relocated;
E. Owner's
Signature(s). The signature of the owner(s) of the lots to be merged;
and
F. Fees.
The application is accompanied by the appropriate fees, as approved
by the City Council.
(Ord. 539 § 1, 2011)
The Community Development Director shall approve or deny the
application for a certificate of merger. If the Community Development
Director denies the application, he or she shall notify the applicant
of that action within five days. The applicant may appeal the Community
Development Director's denial to the Planning Commission by filing
an appeal of that action with the Community Development Director within
15 days of the Community Development Director's notice of denial.
The appeal hearing shall be held by the Planning Commission within
30 days.
(Ord. 539 § 1, 2011)
Upon approval of an application for a certificate of merger
by the Community Development Director, or by the Planning Commission
upon an appeal, and receipt of the applicable County recording fees
from the applicant, the Community Development Director shall record
a certificate of merger at the office of the Sutter County Recorder
provided that:
A. The
abandonment or relocation of any easement, required by any government
agency or public or private utility as a condition of its consent
to the merger, has been accomplished and evidence of such abandonment
or relocation has previously been recorded in the office of the Sutter
County Recorder; and
B. The
applicant has submitted a legal description of the merged lot to the
Community Development Director.
(Ord. 539 § 1, 2011)