San Marino Municipal Code Art. 05 Voluntary Merger of Contiguous Parcels

Contiguous parcels in common ownership may be merged by the owners thereof pursuant to this article. (Ord. 0-08-1201, 2-13-2008)

The property owner or owners shall initiate a merger by paying an application fee established by city council resolution and submitting an application on a form prepared by the director of planning and building accompanied by evidence of title showing common ownership to all parcels to be merged and a proposed certificate of merger on a form prepared by the director of planning and building. (Ord. 0-08-1201, 2-13-2008)

The director shall approve the request if he or she finds that the parcel created by the merger will conform to the provisions of this chapter and chapter XXIII of this code and all other legal requirements. The director may impose conditions on the merger as necessary to ensure compliance with this chapter and chapter XXIII of this code and all other legal requirements, to ensure retention, lot line accuracy, relocation and establishment of all necessary easements, to provide for dedication and improvements of public facilities, and to protect the health, safety and general welfare. (Ord. 0-08-1201, 2-13-2008)

Any person may appeal to the planning commission the director's decision to deny, approve, or impose conditions on a merger. The appeal shall be in writing, shall state the decision that is being appealed, shall state the reason for the appeal and shall be received by the city clerk within fifteen (15) days of the director's decision. The planning commission may affirm, reverse or modify the decision of the director. The decision of the planning commission shall be final unless the matter is, within fifteen (15) days, appealed to the city council. The decision of the city council shall then be final. (Ord. 0-08-1201, 2-13-2008)

The merger shall be evidenced by recording a certificate of merger signed by the city engineer and the owner describing the parcels to be merged. The certificate of merger shall be recorded concurrently with any necessary instruments to show all easements, easements to be abandoned, or easements to be relocated. The certificate of merger shall be recorded against each parcel that is merged. The certificate of merger shall provide that upon recordation, none of the merged parcels may be conveyed separately from the other merged parcel or parcels and that the future division of the property into the original parcels or into other parcels shall require a parcel map or tentative map and final map approval from the city. (Ord. 0-08-1201, 2-13-2008)