The purpose of this chapter is to provide a simplified procedure for the request to merge existing lots by a property owner and to provide a procedure for city initiated merger as permitted in the Subdivision Map Act.
(Ord. 524 Sec. 5 (part), 1984)
Notwithstanding any other provisions of this title to the contrary, the procedure set forth in this chapter shall govern the processing of and requirements for lot merger. A merger application may be filed in accord with the provisions of this chapter for a merger between two or more adjacent lots, provided the number of lots being merged are three or less and are commonly owned.
(Ord. 524 Sec. 5 (part), 1984)
An application for approval of a lot merger shall be filed with the city engineer accompanied by such information as the city engineer may require. A fee as determined by city council resolution shall be required at time of submittal of an application for a lot merger. The application shall also be accompanied by a plat of a size and form prescribed by the city engineer which shall bear the signature of the owner of the property involved and by a title report for the property. The city engineer may refer copies of such plat to other adjacent lot owners, departments, or public agencies for review and comment.
(Ord. 524 Sec. 5 (part), 1984)
After an application for a lot merger has been filed in accord with this chapter, the city engineer shall approve, conditionally approve, or disapprove such merger. The applicant shall be notified in writing of the city engineer's action within forty days receipt of application or the request shall be deemed approved.
(Ord. 524 Sec. 5 (part), 1984)
The city engineer may impose such conditions of approval to be satisfied prior to recordation of the lot merger as he finds necessary to insure that the lot merger involved will not adversely affect adjacent property or the city in general.
(Ord. 524 Sec. 5 (part), 1984)
If the city engineer determines that the lot merger meets all the requirements of the municipal code and that any conditions imposed have been satisfied, he shall certify on the lot merger recording form as provided by the city that it has been approved pursuant to this chapter. This form shall be filed in the engineering department and the city engineer shall cause it to be recorded with the county recorder.
(Ord. 524 Sec. 5 (part), 1984)
Any affected property owner may appeal any action of the city engineer pursuant to this chapter to the city council. Each appeal to the council shall be in writing stating the grounds therefor and setting forth wherein the city engineer failed in rendering a decision conforming to the requirements of this chapter and accompanied by the appeal fee set forth by city council resolution. Upon the receipt of a written appeal, the city clerk, within a period not to exceed forty days following the receipt of such written appeal, shall forward such appeal to the city council for their decision. The council shall within forty days of receipt of the appeal, announce its findings and decision by resolution either granting, modifying or denying the appeal of the city engineer's action. The council's action shall be final.
(Ord. 524 Sec. 5 (part), 1984)
The city council may initiate lot mergers under the authority and procedures set forth in the State Government Code commencing with Section 66451.10 (Subdivision Map Act for Merger of Parcels).
(Ord. 524 Sec. 5 (part), 1984)