§ 16.22

A.

The purpose of this chapter is to provide procedures for the merger of contiguous lots or parcels under common ownership. The owner of two (2) to four (4) contiguous parcels may initiate the merger of any or all contigous parcels.

B.

The planning commission, city council, community development director, or city engineer may require the owner of any contiguous parcel to request the merger of any or all contiguous parcels in accordance with this chapter.

(Ord. No. 642, § 3, 5-23-2022)

16.22.020 - Filing - owner-initiated merger of contiguous lots or parcels.

The owner(s) of any two (2) or more, but less than five (5), contiguous parcels under common ownership may apply for a merger of some of all of the contiguous lots or parcels.

(Ord. No. 642, § 3, 5-23-2022)

The planning commission, city council, community development director, or city engineer shall require the owner to initiate the process to merge into a single parcel any two (2) or more, but less than five (5), contiguous lots or parcels of land which are held by the same owner, as a condition of the granting of an approval in accordance with this title or under the Zoning Ordinance, or along with the issuance of any building permits on said parcels if no land use approval is required, when any one (1) or more of the following conditions apply:

A.

One or more of the parcels is developed, or will be developed, with a single primary use or structure, that is also partially sited on a contiguous parcel under the same ownership.

B.

One or more of the parcels is less than five thousand (5,000) square feet in area at the time of the determination of merger.

C.

One or more of the parcels was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

D.

One or more of the parcels does not meet current standards for sewage disposal and domestic water supply.

E.

One or more of the parcels does not meet slope stability standards.

F.

One or more of the parcels has no adequate legal access for vehicular and safety equipment access and maneuverability.

G.

Development of one or more of the parcels without the merger would create health or safety hazards.

H.

Development of one or more of the parcels without the merger would be inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

(Ord. No. 642, § 3, 5-23-2022)

The application for parcel merger shall contain the following information:

A.

Evidence of title (e.g. grant deeds and title report) to all of the parcels of real property involved in the merger.

B.

Written consent of all the owners of interest(s) in all of the parcels of real property involved in the merger.

C.

An exhibit, drawn to a standard engineering scale, delineating the existing parcel boundaries, the location of any existing structures and easements, the distance of any existing structures less than twenty-five (25) feet from an existing property line, and the boundaries of the parcel after the merger.

D.

Evidence of any variances, encroachment permits, or other evidence of entitlement to deviation from existing Zoning Ordinance standards.

E.

Evidence of legal and physical access to the parcel and evidence that access to adjoining lots and parcels will not be eliminated or restricted by the merger.

F.

Evidence that all property taxes are current for all of the affected parcels.

(Ord. No. 642, § 3, 5-23-2022)

The community development director shall approve a parcel merger if all the following findings can be made:

A.

The lots to be merged are, at the time of merger, under common ownership and all owners have an interest in the real property to be merged have consented to the merger in writing.

B.

The parcel(s) to be created by the merger meet or exceed the minimum dimensions and area standards established by the zoning district in which the parcels are located, or a variance has been granted to said standards.

C.

The parcel(s) to be created by the merger has legal and physical access, and access to adjoining lots or parcels will not be eliminated or restricted by the merger.

D.

All property taxes are current for all affected parcels. Any delinquent property taxes have been paid on all affected parcels that are the subject of the merger.

E.

No easements of record affecting the lots or parcels to be merged, or for adjoining lots or parcels, will not be restricted or eliminated by the merger. Alternatively, where it appears that any such easement may be restricted or eliminated, a written, notarized, statement of noninterference has been received from the easement holder.

F.

No new lot lines will be created through the merger.

(Ord. No. 642, § 3, 5-23-2022)

Upon the granting of a merger, a notice of merger shall be prepared by community development director. The notice of merger shall specify the names of the record owner or owners and describe the real property. The notice of merger shall be recorded with the county recorder's office. The merger of parcels shall become effective upon recordation.

(Ord. No. 642, § 3, 5-23-2022)

Chapter 16.24 - REVERSION TO ACREAGE