16.20 — MERGERS

The City of Vernon during its long history has approved the subdivision of property which was in conformance with legal requirements at the time that the subdivisions were approved. The Legislature of the State of California has modified and substantially altered the Subdivision Map Act and there exist many parcels of property in the City which do not conform to the current requirements of the Subdivision Map Act. Many of these nonconforming parcels cannot be developed in conformance with current requirements, and property owners have combined many of these nonconforming parcels and erected buildings thereon. Section 66451.10 et seq., of the California Government Code authorize a local agency to provide that nonconforming contiguous parcels held by the same owner shall be required to be merged. (Prior code § 28.45)

In accordance with said California Government Code sections, it is hereby provided that any contiguous parcels or units of property held by the same owner: (a) which do not conform to standards for minimum parcel size to permit use or development under a zoning, subdivision or other ordinance of the City; and (b) at least one of which contiguous parcels or units is not developed with a building for which a permit has been issued by the City or which was built prior to the time such permits were required by the City, shall be merged as provided for therein. (Prior code § 28.46)

The Director of Public Works, or designee, is authorized to file for recordation with the Recorder of the County of Los Angeles a notice of such merger specifying the names of the record owners and particularly describing the real property; provided, that at least 30 days prior to the recording of the notice, the owner of the parcels or units to be affected by the merger shall be advised in writing of the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the City Council as to why such notice should not be recorded. (Prior code § 28.47)

In implementing Sections 66451.10 et seq., of the California Government Code, the Director of Public Works, or designee, shall specifically consider the parking requirements of the existing property when determining whether the parcels or units conform to standards for development within the City.

(Prior code § 28.48)

§ 16.20.050. Adoption of California Government Code Section 66451.10 et seq.

It is the intention of the City Council to implement Section66451.10 et seq., of the California Government Code and, therefore, said sections and subsequent amendments thereto are hereby incorporated by this reference as though fully set forth at length and shall be considered in interpreting this chapter.

(Prior code § 28.49)

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City of Vernon, CA § 16.20.060

VERNON CODE

§ 16.20.060

• A. The purpose of this section is to authorize the voluntary merger of contiguous parcels under common ownership without reverting to acreage, as authorized by Government Code Section 66499.20.3. A voluntary merger may be considered and then approved or denied in accordance with the procedures set forth herein.

• B. Voluntary Merger Application. The common property owner of contiguous parcels may apply for a voluntary merger upon an application form provided by the City. The application for the proposed merger shall at a minimum contain the following items. The Director of Public Works, or designee, may require additional items as he or she deems necessary.

  1. An accurate legal description based on recorded documents or filed maps.

  2. Proof of written notice, deemed sufficient by the Director of Public Works, or designee, of the proposed voluntary merger to all parties having any record title interest in the affected real property.

  3. Payment of all necessary fees established by resolution of the City Council, including, but not limited to, a nonrefundable application fee, and a fee for the City's issuance of a Certificate of Merger.

  4. If the owner is a legal entity rather than an individual or sole proprietorship, that entity shall provide written proof of signature authority acceptable to the City.

• C. Voluntary Merger Requirements.

  1. A voluntary merger shall not affect any fee titles, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments.

  2. The boundaries of the parcels to be merged shall be well-defined in existing recorded documents or filed maps and must have been legally created or have Certificates of Compliance issued upon them. The merger shall not alter the exterior boundary of the parcels to be merged.

• D. The Director of Public Works, or designee, may approve the voluntary merger application if he or she finds that the parcel created by the merger conforms to the purposes and requirements of this title. The Director of Public Works, or designee, may impose all conditions on such merger approval he or she deems necessary to ensure the compliance with the purposes and requirements this title, such as conditions to retain, reserve, relocate or establish easements, and to protect the public health, safety and welfare.

cel created by the merger conforms to the purposes and requirements of this title. The Director of Public Works, or designee, may impose all conditions on such merger approval he or she deems necessary to ensure the compliance with the purposes and requirements this title, such as conditions to retain, reserve, relocate or establish easements, and to protect the public health, safety and welfare.

• E. The voluntary merger shall be evidenced by the recording of a Certificate of Merger which shall list the parcel numbers affected and be executed by the City Engineer. The applicant shall record said Certificate of Merger concurrently with any deed of easement regarding the relocation or elimination of applicable easements. Said Certificate of Merger shall list the parcel number of each parcel that is merged. The voluntary merger shall not go into effect until such Certificate of Merger is recorded. If the Certificate of Merger is not recorded within 60 days of the City issuing the Certificate of Merger, then the applicant shall be deemed to have withdrawn its application for lot merger, and the Certificate of Merger shall be invalid.

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City of Vernon, CA

SUBDIVISIONS

§ 16.20.060

§ 16.20.060

• F. An approved voluntary merger does not constitute a permit to develop or re-subdivide the property. Nothing in this title shall preclude the applicant from filing a tentative parcel or tract map application and recording a final parcel or tract map in lieu of the voluntary merger procedure.

(Prior code § 28.50)

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City of Vernon, CA

SUBDIVISIONS

§ 16.24.010

§ 16.24.040