Santa Ana Municipal Code § 34-368 Concurrent filing of record of survey

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Editor's note— At the direction of the city, the provisions formerly housed in article VI.I, §§ 34-170—34-175, which pertained to voluntary merger of parcels, have been redesignated as article XI, §§ 34-366—34-371. The historical notation has been preserved for reference purposes.

Pursuant to the provisions of California Government Code section 66499.20¾, a merger and certificate of merger of existing adjoining parcels of real property may be authorized by the executive director of planning and building ("executive director"), and filed for record by the county recorder only where the executive director makes all of the following findings, after consultation with the public works agency:

(a) The merger will not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any city approvals of divisions of real property or lot line adjustments.

(b) The boundaries of the parcels to be merged are contiguous, well-defined in existing recorded documents or filed maps and were legally created or have certificates of compliance issued on them. If the finding under subsection (b) cannot be made, the executive director may nevertheless authorize the merger of two or more parcels of land of which at least one was not created in compliance with the Subdivision Map Act and/or local ordinances as an alternative to the issuance of a conditional certificate of compliance.

(c) The merger will not alter the exterior boundary of the parcels to be merged.

(d) The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel.

(e) The parcels to be merged are under common ownership.

(f) All parties having any record title interest in the real property affected have consented to the merger upon a form and in a manner approved by the city, excepting all those interests that are excepted from the requirement to consent to the preparation and recordation of final maps under the provisions of California Government Code section 66436 and according to the terms, provisions, reservations and restrictions provided therein for such consent.

(g) The parcels, if merged, would be consistent with the city's general plan and chapter 41.

(h) The merger, if approved, would not deprive the merged parcel nor any other, adjacent parcel, of access as required by this chapter.

(i) All necessary fees and requirements, including a fee for recording the documents, have been provided.

(Ord. No. NS-2697, § 2, 10-3-05)

The executive director's decision to grant or deny an application for a voluntary merger of parcels may be appealed to the planning commission by any interested party within ten (10) calendar days of the executive director's decision. The decision of the planning commission, which shall be made pursuant to section 34-366, shall be final.

(Ord. No. NS-2697, § 2, 10-3-05)

Where a record of survey is deemed to be necessary by the executive director or the applicant in order to monument and define the boundaries of the merged parcel, such record of survey, otherwise in compliance with all requirements of this article, may be filed with the county recorder at the same time as the merger and certificate of merger.

(Ord. No. NS-2697, § 2, 10-3-05)

The filing of said merger and certificate of merger for record shall constitute a merger of the separate parcels into one parcel for the purpose of the Subdivision Map Act and local ordinances enacted pursuant thereto, and the parcels shall thereafter be treated in all respects as a single parcel.

(Ord. No. NS-2697, § 2, 10-3-05)

No person shall record a document merging separate legal parcels into a single parcel for the purposes of the Subdivision Map Act and local ordinances enacted pursuant thereto except in conformity with the provisions of this article.

(Ord. No. NS-2697, § 2, 10-3-05)

The city council shall establish by ordinance or resolution such fees as may be required for the review and processing of a proposal for voluntary merger.

(Ord. No. NS-2697, § 2, 10-3-05)