Avenal Municipal Code Ch. 10.18 Voluntary Parcel Merger

The purpose of this Chapter is to provide a simplified procedure to allow for the removal of previously approved parcel lines and the merger of contiguous parcels under common ownership at the request of the property owner, pursuant to Section 66451.10/11 of the Subdivision Map Act. The procedure provided by this article is an alternative to the procedures provided by Chapter 10.10, “Tentative Maps” and Chapter 10.14, “Final Maps And Parcel Maps”, of this Title. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map and a final map or parcel map for any merger.

Pursuant to Section 66451.10/11 of the Subdivision Map Act, the planning commission is authorized to approve the merger requested by the property owner of contiguous parcels under common ownership without reversion to acreage, upon making the findings and utilizing the procedures set forth in this Chapter. The city clerk shall cause an instrument to be recorded as evidence of a merger approved under this Chapter.

A. Application: An application for a merger pursuant to this Chapter may be made by owners of all affected parcels or individuals authorized by the owner(s) to make an application. Such application shall be filed with the planning department and shall include the following information, materials, and documents to the satisfaction of the city:

1. A completed application form, of which the blank form shall be provided by the planning department.
2. A filing fee as established by resolution of the city council.
3. A preliminary title report that is shall be current and dated not more than 90 days prior to submittal of application. All items referenced within the title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.
4. Upon filing the application, the planning department will assign the application a Voluntary Parcel Merger number.

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June 2023 5. The legal descriptions of the existing parcels, add title as Exhibit A, Voluntary Parcel Merger No. 20xx-xx, Existing Legal Descriptions on its own sheet. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761. 6. The legal description of the merged parcel, add title as Exhibit B, Voluntary Parcel Merger No. 20xx-xx, Merged Parcel Legal Description on its own sheet. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761. 7. One (1) copy of a map, legibly drawn on a sheet(s)eight and a half inches by eleven inches (8 1/2” x 11”), that includes all of the following information: a. The entire existing boundary line of all affected parcels conforming with existing record data, with essential information as to bearings and dimensions. b. The proposed merged boundary lines with dimensions and curve radii and area of the merged parcel. c. Each existing parcel identified with a letter, assessor parcel number, deed document number, and area of each parcel. d. The names, widths, and locations of the existing public and private streets. e. The location, width, purpose, and owners of existing easements or rights of way with all easements located to boundary, if applicable. f. The north arrow, scale of drawing, and a legend. g. The owner’s name, assessor parcel number, and deed document number of all adjoining parcels. h. The location of building structures with ties to the merged parcel boundary. i. A small-scale vicinity map portraying and orienting the boundaries of the voluntary parcel merger boundary with respect to surrounding areas and roads. j. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761. 8. Applicant to submit perfecting deed with application for review and after acceptance, that will record when the Voluntary Parcel Merger is approved. B. Application Review: Applications for voluntary parcel mergers shall be reviewed as provided in subsections 10.04.040.B, “Determination of Completeness”, and 10.04.040.C, “Application Review And Report”. C. Timely Processing: Applications for voluntary parcel mergers shall be processed by the applicant in a timely manner. If the applicant fails to process the application to completion within one year from the date the application was first submitted, due to the applicant’s failure

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June 2023 to respond to requests for additional information, to pay processing fees, or for any other reason, and upon written notice of the city, the application shall be deemed withdrawn. Thereafter, a new application, including the filing fee, will be needed to process voluntary parcel merger. D. Decision By the Approving Authority: A decision on the application for voluntary parcel merger shall be made by the designated approving authority after review and recommendation by the public works director and city engineer. The application shall be decided within the time limits described in this Title and the Subdivision Map Act. E. Findings: The designated approving authority shall not approve any Voluntary Parcel Merger pursuant to this Chapter unless it makes all of the following findings:

1. That all required street, access, and utility easements are in place.
2. That the resulting parcel conforms to the requirements of the City of Avenal Subdivision Ordinance, the City of Avenal General Plan, any applicable specific plan, the City of Avenal Zoning Ordinance, and the City’s Building Code.

The applicant or any interested person adversely affected by any action of the designated approving authority on a merger may, within 10 days after the decision, appeal the decision consistent with subsection 10.04.040.E, “Appeals”.

The merger of contiguous parcels under common ownership shall be recorded in a Notice of Voluntary Merger form satisfactory to the county recorder. It shall be submitted to the planning department for a determination that the final documentation complies with the approved merger. The perfecting deed shall be submitted to the planning department for a determination that the final documentation complies with the approved merger. The approved final documentation shall thereafter be forwarded by the planning department to the county recorder’s office for recording. The applicant shall pay all recording fees.

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

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June 2023