Pursuant to Government Code Section 66499.20-3/4 and this chapter,
contiguous lots or parcels under common ownership may be merged without
first reverting to acreage.
(Ord. 1749 § 3)
An application for merger shall be on a form approved by the
zoning administrator, shall include a legal description of the lots
or parcels to be merged, shall include a preliminary title report
as to such lots or parcels, and shall include a legal description,
prepared according to law, of the resulting merged lots or parcels.
The application shall be subject to a fee established by resolution
of the city council.
(Ord. 1749 § 3)
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 zoning administrator.
(Ord. 1749 § 3)
The zoning administrator 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 zoning
administrator.
(Ord. 1749 § 3)
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 the zoning code. 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 the zoning code; otherwise, the resulting lot or parcel
must comply as nearly as possible with those area and frontage requirements.
(Ord. 1749 § 3)
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. 1749 § 3)
The zoning administrator shall review the application for compliance
with this chapter and shall review and consider any comments received
from affected city departments. The zoning administrator shall then
approve the application if it complies with the requirements of this
chapter. The zoning administrator shall give written notice of his
or her action on the application by mail to the applicant and owners.
(Ord. 1749 § 3)
After final approval of an application, the zoning administrator
shall record a certificate of merger, including the owner's consent
to the merger. The certificate of merger shall be of a form approved
by the zoning administrator and may include a notation to the effect
that:
A.
Approval
of the merger does not guarantee that the resulting lot or parcel
is developable; and
B.
The
individual lots or parcels which have been merged are not separately
available for sale, lease, or financing purposes.
(Ord. 1749 § 3)
Development of a parcel resulting from merger pursuant to this
chapter must be in compliance with any and all applicable state and
city statutes, ordinances and regulations.
(Ord. 1749 § 3)
Any decision of the zoning administrator regarding a merger by deed may be appealed by the applicant to the city council as provided in Section 16.04.060. No merger by deed shall be recorded until the decision has become final, unless the applicant agrees in writing to waive his or her right to an appeal.
(Ord. 1749 § 3)
