Chapter 16.36

MERGERS OF CONTIGUOUS PARCELS UNDER COMMON OWNERSHIP

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

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City of Live Oak, CA

SUBDIVISIONS

§ 16.36.040

§ 16.36.050

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)

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City of Live Oak, CA

SUBDIVISIONS

§ 16.38.010

§ 16.38.040