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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)
ARTICLE IX. IMPROVEMENT AGREEMENTS
If, under the Subdivision Map Act, a subdivider agrees to improve the streets and easements in a development, the agreement shall be reduced to writing in a form satisfactory to the city attorney; and the filing for approval of the final map or parcel map shall be deferred until the execution, of such agreement by the developer and until furnishing any required security.
(`64 Code, Sec. 27-110) (Ord. No. 1570)
ARTICLE X. SECURITY AND SECURITY RELEASE
(A) Any improvement, agreement, performance, or act required or authorized by the Subdivision Map Act, for which security may be required, shall be secured in the manner provided in Cal. Gov't Code, Section 66499.
(B) The improvement security shall be in an amount equal to 100% of the total estimated cost of the improvement or of the act to be performed, said security conditioned upon the faithful performance of the act or agreement, and an additional amount equal to 50% of the total estimated cost of the improvement or the performance of the act required, securing payment to the contractor, his/her subcontractors, and to persons furnishing labor, materials or equipment to said contractor or subcontractors for the improvement or performance of the required act.
(C) The improvement security shall secure the faithful performance of any changes or alterations in the work not to exceed 10% of the original estimated cost of the improvement.
(`64 Code, Sec. 27-111) (Ord. No. 1570, 1758, 1826)
The improvement security required hereunder shall be released in the following manner:
(A) Security given for faithful performance of any act, performance, or agreement shall be released upon the final completion and acceptance of the act or work subject to the provisions of subsection (B) hereof.
(1) The city manager may release a portion of the security in conjunction with the partial performance or the acceptance by the city of the performance, the act, or work as it progresses upon application therefor by the developer; provided, however, that no release of security shall be for an amount less than 25% of the total improvement security given for faithful performance of the act or work, and the security shall not be reduced to an amount less than 25% of the total improvement security given for faithful performance until final completion and acceptance of the act or work.
(2) In no event shall the city manager authorize a release of improvement security which would reduce the security to an amount below that required to guarantee the completion of the performance, the act, or work and any other obligation imposed by this chapter, the Subdivision Map Act or the improvement agreement.
(B) Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may be released 65 days after the recording of a notice of completion, or if a notice of completion is not recorded, 95 days. The amount of the security required shall be the total security less the amount of all claims of lien that have been recorded and notice given to the city in writing.
(C) No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof.
(`64 Code, Sec. 27-112) (Ord. No. 1570)
ARTICLE XI. EFFECT OF APPROVALS
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