Whenever an owner is required to combine two or more contiguous lots or parcels for the purpose of constructing buildings or structures which cross existing lot lines, or where the consolidation of contiguous lots required to provide the required off-street-parking, or open space or landscape area, or other purpose required as a condition of the development of a project or land in accordance with Title 15 of this code, then such lots or parcels shall be consolidated in the manner specified in this section.
A. Application. An application shall be submitted in writing, in a form provided by the City Engineer, which shall give the legal description of the lots to be consolidated, the owner's name, address and telephone number, evidence of title, the reason for the consolidation and such other information as may be required. A map or sketch showing the lots or parcels, with the latest Orange County Assessor parcel numbers, shall also be submitted. The City Engineer and the Director of Development Services shall review the application for correctness and sufficiency.
B. Fees and Covenant. Upon review and approval of the application, the applicant shall pay the fees for the consolidation of lots as determined in Title 21 of this code. The City Engineer shall thereafter prepare a Declaration of Covenant for execution by the owner of the lots or parcels to be consolidated. The Declaration of Covenant shall contain essentially the following language:
"The undersigned Owner(s) and Declarant(s) hereby covenant and agree for themselves, their heirs, successors, assigns, and legal representatives, that all of the following described real property in the city of Fullerton shall be held under common ownership, and that no part thereof, less than the whole thereof, will be sold, disposed of, or in any way divided or hypothecated for any purpose whatsoever other than in accordance with the Subdivision Map Act, other applicable State law, and the provisions of the Fullerton Municipal Code. (Attach or include legal description of properties to be consolidated.)
This Declaration of Covenant shall be binding upon the heirs, successors, assigns, legal representatives, and administrators of the undersigned Declarant(s) and is hereby expressly declared to be for the benefit of and enforceable by the City of Fullerton, and may be released or modified only with written consent of the City of Fullerton".
After preparation, execution and acknowledgment of the Declaration of Covenant, it shall be recorded with the County Recorder and shall thereafter run with the land. A copy of the Declaration of Covenant shall be kept on file in the Development Services Department. Upon recordation, a building permit or other zoning or use permit may be issued and approved by the City, based upon the exterior lot lines of the consolidated parcels, if all other requirements have been met.
C. Map Requirement. Whenever contiguous lots or parcels are being consolidated and at the same time any or all of them are being divided, then all of the lots or parcels involved shall be shown on a tract or parcel map, which divisions (and consolidation) shall be processed, controlled, regulated, and approved in accordance with Chapter 16.02 or 16.03, whichever is applicable, of this title.
(Ord. 2722 (part), 1990).