Brea Municipal Code Ch. 18.106 Voluntary Lot Mergers

This chapter shall apply only in the circumstances set forth hereinafter.

A. Any contiguous parcels or units of land held under common ownership may be merged at the request of the property owner(s), pursuant to Cal. Gov't Code § 66499.20 3/4 and this chapter. Unless otherwise regulated by law, approval and recordation of a final or parcel map over previously subdivided property shall be deemed to have merged those properties, and this chapter shall have no force or effect.

B. Record owner(s) of contiguous lots may file a request with the Development Services Director to merge said contiguous parcels. The request for merger shall be made on a form prescribed by the Development Services Director, and accompanied by a fee as established by City Council resolution.

(Ord. 1008, 3-3-1998)

A voluntary lot merger may be approved by the Development Services Director only if it is found that:

A. Dedications or offers of dedication to be vacated or abandoned by the lot merger are unnecessary for present or future public purposes, or that any dedications or offers of dedication which are necessary for present or future public purposes are preserved on the merged parcels; and

B. All owners of an interest in the real property within the subdivision have consented to the lot merger.

C. That a parcel map would not be necessary to accomplish the subdivision in light of the circumstances applicable to the request.

(Ord. 1008, 3-3-1998)

The Development Services Director, or the designee thereof, may require as conditions of the approval of the lot merger:

A. That all or a portion of previously paid subdivision fees, deposits or improvement securities be retained if they are necessary to accomplish any of the provisions of this chapter.

B. Payment of any additional fees necessary to accomplish any of the provisions of this chapter; and

C. Such other conditions as are necessary to accomplish the purposes or provisions of this City Code or necessary to protect the public health, safety, or welfare.

(Ord. 1008, 3-3-1998)

A voluntary parcel merger shall become effective when the Development Services Director causes a notice of merger to be filed with the Office of the Orange County Recorder.

(Ord. 1008, 3-3-1998)

Any action in regards to a lot merger application can be appealed in the manner prescribed in § 20.424.

(Ord. 1008, 3-3-1998)