This article provides procedures for the filing, processing and approval or denial of voluntary lot mergers.
(Ord. 1085 § 1, 2009)
A. 
Two or more contiguous legal parcels of land under common ownership may be voluntarily merged upon application of the record owner(s) to the planning and building department without reverting to acreage pursuant to the provisions of this article.
B. 
The record owner(s) of the properties involved in a voluntary lot merger shall submit an application to the planning and building department that contains the following, in addition to the standard submittal requirements for all applications:
1. 
Record Title Owner's Consent. A certificate prepared in accordance with the standards set forth in the Subdivision Map Act, signed and acknowledged by all parties having any record title interest in the real property proposed to be merged, consenting to the preparation and recordation of the notice of merger and to the waiver of notice of said merger.
2. 
Legal Description. The application shall contain a legal description for each of the resulting parcels proposed by the voluntary merger, signed and sealed by a registered civil engineer authorized to practice land surveying in California, or by a licensed California land surveyor.
3. 
Such other data, documents, or maps as may be required by the planning and building director or public works director to illustrate or legally describe the proposed configuration, dedications, etc., including, but not limited to, a record of survey.
C. 
Upon receipt of a complete voluntary merger application, and payment of all relevant fees established by the City Council by resolution as a reasonable estimate of the cost to process the voluntary merger, the planning and building department shall refer the merger application to the public works department for review and comment.
(Ord. 1085 § 1, 2009)
A. 
Planning and Building Director Action. The planning and building director shall approve a voluntary lot merger application if all of the following findings can be made:
1. 
The merger is consistent with the Healdsburg general plan, Healdsburg zoning ordinance and any applicable specific plan or area plan.
2. 
The merger would not result in an undesirable lot pattern that would interfere with the development of other properties.
3. 
The merger would not be contrary to the public health, safety or welfare.
B. 
Merger of Unbuildable Lots. The voluntary merger of contiguous parcels held in common ownership which are unbuildable because of size, lack of access or topography shall not be approved unless the owner of the parcels either merges all commonly held contiguous parcels to achieve maximum compliance with the underlying zoning in effect as of the date of the application, or merges contiguous parcels held in common ownership into configurations that are consistent with the underlying zoning in effect as of the date of the application.
C. 
Conditions of Approval. The planning and building director may impose conditions of approval on a lot merger application only as necessary to conform the merged parcel to the general plan, zoning ordinance, specific or area plan, or building code as adopted and amended by the City Council; or to facilitate the relocation of existing utilities, infrastructure, or easements.
D. 
Decision Final. The decision of the planning and building director shall be final unless the applicant appeals the decision to the planning commission.
E. 
Appeal. The applicant may appeal a decision of the planning and building director by filing a notice of appeal to the planning commission in writing on forms approved by the City within 10 days of the decision. Public notice of the hearing on the appeal shall be given at least 10 days prior to the hearing. The planning commission may affirm, reverse, or modify the planning and building director's decision or add conditions as it finds warranted under the provisions of this article. The applicant may appeal a decision of the planning commission to the City Council by filing an application with the City within 10 days of the planning commission's decision. Public notice of the hearing shall be given at least 10 days prior to the hearing. The City Council may affirm, reverse, or modify the planning commission's decision or add conditions as it finds warranted under the provisions of this article.
F. 
Instrument of Merger. Upon approval, the planning and building director shall issue an instrument of merger, which shall be filed by the record owner(s) with the Sonoma County recorder within 90 days of approval.
G. 
Planning Commission Referral. The planning and building director may refer any lot merger application to the planning commission for review and action.
(Ord. 1085 § 1, 2009)