An application by an owner of real property to create one new lot from two or more contiguous, previously existing lots owned by the applicant, by eliminating all common lot lines which separate such lots from each other, may be approved without reverting to acreage, subject to the following conditions:
(A) An application for such merger shall be filed with the development services director in such form and with such information as the director may require.
(B) An application meeting the criteria of this section may be approved on such conditions as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this chapter or to protect the public health, safety or welfare, as well as any other conditions authorized by this section. The satisfaction of some or all of the conditions imposed may be required as a condition precedent to recordation of an instrument evidencing the merger. The city shall condition a grant in any application that the owner dedicate or offer to dedicate streets, easements and other interests necessary for public purposes and that the city retain all previously paid development fees if necessary to accomplish the purposes of the Subdivision Map Act.
(C) If all lots to be merged were created in compliance with applicable laws and ordinances in effect at the time of the lot’s creation, even if one or more of the lots is nonconforming at the time of application, the application may be approved by the director if the resulting parcel and all structures and parking spaces thereon comply with the general plan, with any applicable specific plan, and with the minimum area, width, frontage and yard requirements of the zone in which the parcel is located.
(D) If any lot to be merged was not created in compliance with applicable laws and ordinances in effect at the time of the lot's creation, the application shall be heard by the commission, which may impose on the granting of the application whatever conditions the commission could impose on the issuance of a conditional certificate of compliance pursuant to Cal. Gov't Code, Section 66499.36 Subdivision (B) with respect to such illegally created lot. If one or more of the lots to be merged is nonconforming at the time of application, the application may be approved if the resulting parcel and all structures and parking spaces thereon comply with the general plan, with any applicable specific plan, and with the minimum area, width, frontage and yard requirements of the zone in which the parcel is located.
(E) No application may be approved if a nonconforming use or structure will be thereby created.
(F) No application which proposes to vacate or abandon any dedication or offer of dedication may be approved unless the commission makes a written finding that such dedication or offer of dedication is unnecessary for present or prospective public purposes.
(G) After an application is approved, merger does not occur until an instrument evidencing the merger is recorded in the official records of the county recorder. The form of the instrument, entitled “Notice of Voluntary Merger,” shall be prescribed by the director and submitted to the city engineer for review prior to recordation.
(`64 Code, Sec. 27-107) (Ord. No. 2243, 3031)