Portola Municipal Code Ch. 16.45 Merger of Contiguous Parcels of Land

This chapter is enacted under the authority of Section 66499.20-3/4 of the Government Code.

(Ord. 228 (part), 1989)

Two or more contiguous parcels of land which have been created under the provisions of the Subdivision Map Act or local ordinance enacted pursuant thereto, or which were not subject to such provisions at the time of their creation, and which are in common ownership, may be merged without reversion to acreage pursuant to Section 66499.20-1/4 of the Government Code, and without merger and resubdivision pursuant to Section 66499.20-1/2 of the Government Code, in accordance with the provisions of this chapter.

(Ord. 228 (part), 1989)

A. An application for merger under this chapter shall be filed with the city clerk and shall contain the following:

1. The name, address and telephone number of the applicant, and of any agent or representative authorized to act for the applicant;

2. A description of the parcels to be merged, including both legal description and assessor's parcel numbers;

3. A plat or map, drawn to scale, showing the location and boundaries of each parcel, the location and dimensions of buildings thereon, the location of roads and driveways thereon, and the location of all utility lines serving the same; and

4. Such other information as the planning director or the city engineer may require.

B. Said application shall be accompanied by a filing fee in an amount fixed by resolution of the city council.

(Ord. 228 (part), 1989)

Applications for merger under this chapter shall be accompanied by one reproducible tracing and fifteen copies of a parcel map prepared in accordance with the requirements of Chapter 16.45 of this title; provided, that an applicant may file a written request for waiver of this requirement pursuant to Section 16.45.040. When a parcel map is received, it shall be forwarded to the city engineer for review. If the engineer finds it to be technically correct and in recordable form, he shall endorse a statement on it attesting to his examination and approval of the map and shall forward it to the city council.

(Ord. 228 (part), 1989)

Upon receipt of an application for merger under this chapter, the city council shall take one of the following actions:

A. Approve the parcel map and the proposed merger, with or without conditions;

B. Approve a request for waiver of a parcel map upon making the findings required by Section 16.45.040, and approve the proposed merger, with or without conditions, subject to recordation of the notice provided for in Section 16.45.060;

C. Deny a request for waiver of a parcel map and require that such map be prepared and filed before further action is taken on the application; or

D. Deny the application.

(Ord. 228 (part), 1989)

If the filing of a parcel map is waived pursuant to Section 16.45.040, merger of contiguous parcels under this chapter, when approved by the city council, shall be evidenced by the execution of a "Notice of Merger of Contiguous Lots under Common Ownership" approved as to form and content by the city attorney, which shall be signed by the property owner and the city clerk and then recorded in the office of the county recorder.

(Ord. 228 (part), 1989)