Chapter 17.25 — MERGER OF CONTIGUOUS PARCELS

Two or more, but less than five contiguous parcels or lots of subdivided real property which have been created under the provisions of the Subdivision Map Act of the California Government Code or any prior law regulating the division of land, or a city ordinance enacted pursuant thereto, or which were not subject to those provisions at the time of their creation, may be merged without a reversion to acreage and an associated parcel map, under the authority of Section 66499.20 3/4 of the Subdivision Map Act of the California Government Code.

(Ord. 351-2000 §1(part), 2000).

The owner(s) of any two or more, but less than five, contiguous lots or parcels may request a merger of said lots or parcels upon the submittal of an application of all the owners of record of the real property in question requesting such merger, and by filing with the city administrator an application for owner-initiated merger and waiver of parcel map, on a form provided by the city. All owners must have an interest in each of the parcels sought to be merged. The petition and application shall be processed and the request approved, denied and/or appealed in accordance with the provisions of Section 17.25.040 of this code.

(Ord. 351-2000 §1(part), 2000).

The city administrator shall require the owner to initiate the process to merge into a single lot or parcel any two or more, but less than five, contiguous lots or parcels of land which are held by the same owner, prior to any land use approval, or the issuance of any building permits on said lots or parcels if no land use approval is required, when any one or more of the following conditions apply:

A.

Any one or more of the contiguous lots or parcels held by the same owner does not conform to the minimum parcel size and/or dimensional standards set forth for the zoning district in which such lots or parcels are located.

B.

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

C.

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

D.

Merger is required by the city as a condition of any land use approval or for the issuance of any permit.

(Ord. 351-2000 §1(part), 2000).

The application cited in Section 17.25.020 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. The consent shall be notarized.

C.

An exhibit, drawn to a standard engineering scale, delineating the existing parcel boundaries and the location of any existing structures and easements; and delineating 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 law requirements.

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.

G.

After receipt of the application, applicant may be required to provide such other pertinent information as may be determined by the city administrator and/or the city engineer to be needed for the proper processing of the application. Such additional information may include, but is not limited to the following: topographic data, data relative to drainage conditions or flood hazards, relative location of public facilities and improvements, information relative to the potential environmental impact of the merger, record survey, etc.

(Ord. 351-2000 §1(part), 2000).

The real property described in Section 17.25.030 of this code may only be merged when the city administrator finds that:

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) or lot(s) to be created by the merger meet or exceed the minimum dimensions and area as to size established by the zoning district in which said lots or parcels are located, or a variance thereto has been granted;

C.

The lot or parcel 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 lots/parcels that are the subject of the merger;

E.

It clearly appears from the record, as determined by the city administrator, that any 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 from the record, as determined by the city administrator, 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. 351-2000 §1(part), 2000).

17.25.060 - Recordation of instrument evidencing the merger.

Upon the granting of a merger by the city administrator, a notice of merger shall be prepared by the city administrator. 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 filed with the city clerk, who shall be responsible for recording the document with the county recorder of the county of Siskiyou.

(Ord. 351-2000 §1(part), 2000).

17.25.070 - Failure to conform to procedures-Application may be voided.

Failure by the applicant to conform to any of the procedures or time limits set forth herein may result in the voiding of the merger application.

(Ord. 351-2000 §1(part), 2000).

17.25.080 - Merger application processing fee.

Applicant may be charged a reasonable fee, in an amount not to exceed the costs as determined by resolution of the city council, for processing the merger application.

(Ord. 351-2000 §1(part), 2000).

Chapter 17.26 - LOT LINE ADJUSTMENT

Sections: