Sections:
16.104.010 Purpose.
16.104.020 Merger Without Final Map.
16.104.030 Parcels not Deemed Merged.
16.104.040 Reversion to Acreage.
The purpose of this chapter is to specify the content, form and review procedures required for the approval of the following:
A. Owner Initiated Mergers. A property owner's application to allow the merger of parcels without the necessity of processing a parcel map (Government Code Section 66499.20 3/4);
B. City Initiated Mergers. A city-initiated merger, in compliance with state law (Government Code Section 66451.11); and
C. Unmergers and reversions. Unmergers and reversions to acreage, in compliance with the subdivision map act.
(Ord. 337 § 16, 2005; Ord. 182 § 2 (part), 1997)
A. Application by Property Owner.
1. Upon application by the owner, on a form approved by the city engineer and upon payment of applicable fees, contiguous parcels under the same ownership may be merged without filing a map for reversion to acreage. The form and content of the application and the required information, data, and other details shall be established by the department.
2. The city engineer shall have the authority to approve a merger, and a final map shall not required provided the merger does not involve the following:
a. Streets or other easements to be vacated;
b. Release of previously posted agreements or securities for improvements;
c. Release of previously paid fees or deposits made as a result of the division of the parcels to be merged; and/or
d. More than four parcels.
3. After approving a merger, the city engineer shall cause the preparation of an appropriate instrument which clearly describes the parcels to be merged. The instrument shall be executed by the subject owner and the city engineer, and shall be recorded with the county recorder, at the cost of the owner.
B. Initiated by City.
1. Parcels Deemed Merged. Two or more contiguous parcels which have been created under the provisions of the subdivision map act or any prior law regulating the division of land, or which were not subject to the provisions at the time of their creation. may be deemed merged by the city if all of the following conditions apply:
a. Any one of the contiguous parcels does not conform to standards for minimum parcel size, pre-venting its use or development in compliance with this development code;
b. Any one of the contiguous parcels has other development deficiencies or constraints (e.g., access limitations, etc.):
c. At least one of the contiguous parcels is not developed with a legally established structure for which a permit has been issued by the city; and
d. The contiguous parcels to be deemed merged are under the same ownership.
2. Instrument or Notice of Merger. Whenever the city considers that contiguous parcels have merged in compliance with this chapter, the city engineer shall cause the preparation of an appropriate instrument which clearly describes the real property deemed merged. specifying the record owner of the property, as listed on the current tax assessor's rolls. The instrument, or notice of merger, shall be filed with the county recorder, provided that at least thirty (30) days before the recording of the notice, the owner of the parcels to be affected by the merger is advised of the intention to record the notice, in compliance with the procedures specified by state law (Government Code Section 66451.11 et seq.).
(Ord. 337 § 17, 2005; Ord. 182 § 2 (part), 1997)
A. Reversions. Subdivided real property may be reverted to acreage. in compliance with state law (Government Code Section 66499.11 et seq.), and this article. This article shall apply to final and parcel maps.
B. Resubdivision without Reversion. Subdivided lands may be merged and resubdivided without reverting to acreage, in compliance with state law (Government Code Section 66499.202).
C. Application. An application for reversion to acreage. including a map titled "Reversion to Acreage" shall be filed with the department, and reviewed by the city engineer.
D. Public Hearing. A noticed public hearing shall be conducted by the council on all proposed reversions to acreage. Notice of the hearing shall be in compliance with Chapter 16.76 (Public Hearings).
E. Council's Action. The council may approve an application for reversion to acreage only after making all of the mandatory findings outlined in state law (Government Code Section 66499.16), with or without conditions. in compliance with Section 66499.17.
(Ord. 182 § 2 (part), 1997)