The purpose of this chapter is to establish a lot merger process pursuant to Government Code Section 66499.20¾ to merge commonly owned contiguous parcels without requiring the property to be reverted to acreage.
(Ord. 1416 § 18, 2002; Ord. 1552 § 1, 2012)
The effect of an approved and recorded lot merger shall be the same as a covenant to hold parcels as one in that:
A. 
The merged parcels may not thereafter be split for sale, lease, use or development without prior city approval; and
B. 
Common interior property lines within the merged parcel shall be considered nonexistent for purposes of determining setbacks and other zoning requirements.
(Ord. 1416 § 18, 2002)
An application to merge lots may be initiated by the property owner with the public works department. The application shall include:
A. 
On a form furnished by the public works department:
1. 
The name, address and phone number of the applicant;
2. 
The name and signature of the record owner of each parcel involved;
3. 
The legal description of each parcel involved;
4. 
The current and proposed use and development of the property; and
5. 
The reason the lot merger is being sought.
B. 
A title report dated not more than sixty days prior to submission of the application for lot merger.
C. 
A reproducible map and three prints, measuring eight and one-half inches by eleven inches, drawn to scale, prepared and signed by a licensed surveyor or registered civil engineer. The city engineer may require that existing and proposed conditions on the property be shown on separate maps. These maps shall show the following:
1. 
Scale and north arrow;
2. 
Dimensions and bearings of all existing and proposed parcel boundaries, the area of each existing and proposed parcel, separate labeling of "existing" and "proposed" parcels, and dashed line boundaries for the proposed parcel;
3. 
All existing and proposed improvements on the property, including building setback dimensions;
4. 
All easements and public rights-of-way over and adjoining the proposed and existing parcels; and
5. 
The name, address and license number of the engineer or surveyor who drew the map.
D. 
A record of survey, as required by the city engineer.
E. 
The names and mailing addresses of all adjacent property owners.
F. 
Other information the city engineer may require in order to determine compliance with applicable laws.
(Ord. 1416 § 18, 2002)
Application fees, in the amount established by resolution of the city council, shall be submitted with the application.
(Ord. 1416 § 18, 2002)
A. 
Upon receipt of the application, the city engineer, in consultation with the director of community development, shall determine whether the application complies with the requirements of this chapter and the zoning ordinance. The city engineer may approve the lot merger only if (s)he finds that:
1. 
All owners of interest in the property, including all lenders and lien holders indicated in the title report, have consented in writing to the proposed lot merger;
2. 
The lot merger and merged parcel will conform to the requirements of the California Map Act and the Buena Park City Code;
3. 
None of the parcels involved is used or is required to be used by adjoining property that is not included within the lot merger; and
4. 
No dedication or offer of dedication of land is required for public purposes.
B. 
The city engineer may impose conditions of approval to assure compliance with applicable Buena Park general plan or Municipal Code provisions, or to otherwise protect the public health, safety or welfare.
(Ord. 1416 § 18, 2002; Ord. 1552 § 2, 2012)
A. 
Lot merger decisions by the city engineer may be appealed to the planning commission.
B. 
Appeals shall be in writing and shall be filed with the community development department within ten working days after the date of the city engineer's decision.
C. 
Applicable appeal fees shall be paid.
D. 
The planning commission may uphold, modify or reject the decision of the city engineer.
E. 
The decision of the planning commission shall be final unless appealed to the city council.
(Ord. 1416 § 18, 2002)
A. 
The merger shall be evidenced by recording a certificate of merger or other document satisfactory to, and signed by, the city engineer, which lists the affected parcel numbers. The certificate of merger or other document shall be recorded concurrently with any deed of easement regarding the relocation or elimination of applicable easements. Within thirty days of final approval, the certificate of merger or other document shall be recorded against each parcel that is merged.
B. 
Failure to timely and satisfactorily record or request an extension of time to record within said thirty-day period shall automatically cause the applied-for merger to be null and void.
No building permit to construct any improvements on the merged parcel shall be issued unless satisfactory proof of recordation is first provided to the city engineer.
(Ord. 1416 § 18, 2002; Ord. 1552 § 3, 2012)