(A) Purpose. This section provides a process for the voluntary merger of contiguous lots under common ownership in compliance with Cal. Gov't Code §§ 66451.10 through 66.451.33. Voluntary mergers may also occur by filing a parcel map or final subdivision map, which has the effect of creating a new subdivision.
(B) When allowed. Lot mergers processed under this section are allowed only when one or more of the following apply:
(1) The lots are contiguous and held by the same owner.
(2) One of the lots does not conform to the minimum lot size standard specified in the Zoning Ordinance.
(3) One of the lots does not contain a structure for which a building permit is required, or contains only an accessory structure.
(4) At least one of the lots meet one or more of the requirements specified in Cal. Gov't Code § 66451.11(b).
(C) Review authority. The Parcel Map Committee shall take action on all voluntary parcel map merger applications.
(D) Application submittal.
(1) Initiation. An applicant may initiate a voluntary lot merger by submitting an application to the Community Development Director.
(2) Required form. An application for a lot merger shall be on a form approved by the Community Development Director.
(3) Application contents. The application shall include at a minimum:
(a) A legal description of the existing lots.
(b) A preliminary title report for the existing lots.
(c) A legal description of the resulting merged lots.
(d) A map of the existing lots, the proposed merged lots, and all structures located on the lots.
(4) Preparer of map. The map of the proposed merger shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982.
(5) Survey. The Community Development Director or City Engineer may require a survey of the properties involved if the city finds the survey necessary to provide an adequate description of the subject properties.
(6) Fees. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule.
(E) Application review.
(1) Initial review. The Community Development Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed.
(2) Basis for determination. The Community Development Director acceptance shall be based on full compliance with the provisions of the Map Act and this chapter.
(3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required.
(4) Review of complete application. The Community Development Director, in consultation with the City Engineer, shall review the complete application to verify compliance with the requirements of this title, the Map Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(F) Public notice and hearing.
(1) No public hearing is required for a voluntary lot merger unless requested by the applicant.
(2) If a hearing is requested, notice of the public hearing shall be given in compliance with § 8.24.070 (Public Notice).
(G) Criteria for decision. The Parcel Map Committee shall approve a lot merger application if all of the following findings can be made:
(1) The proposed lot merger complies with all requirements of this chapter and the Map Act.
(2) The resulting lots are consistent with the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(H) Conditions of approval. The Parcel Map Committee may attach conditions to the approval of a lot line to ensure compliance the requirements of the California Environmental Quality Act (CEQA), the General Plan, any applicable specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare.
(I) Post-approval procedures.
(1) Appeals. The determination of the Parcel Map Committee may be appealed by the applicant in compliance with § 8.24.080 of this chapter.
(2) Recordation. After approval of a lot merger, the applicant shall file a notice of merger with the County Recorder describing the property and specifying the names of the record owners.
(3) Effective date. Mergers become effective once the notice of merger is filed for record with the County Recorder.
(J) Un-mergers. Any lot merged prior to January 1, 1984 for which there is no recorded notice of merger is deemed unmerged if:
(1) The lot is in compliance with the provisions of Cal. Gov't Code § 66451.30(a).
(2) The lot meets none of the conditions listed under Cal. Gov't Code 66451.30(b).
(Ord. 15-12, passed 12-15-2015)