A tract merger is the process of merging multiple lots and/or public streets into one parcel or subdivision. Certain situations may warrant the issuance of an R-Permit to close a right-of-way prior to the recordation of a Tract Map.
The R-Permit, along with a construction permit (A, B or E), allows the developer to temporarily fence, grade, and construct over the right-of-way while the Tract Map is in process. The Tract merger may include overhead (architectural projections) and underground (portions of parking structures) encroachments that will become private property once the final Tract map is approved. Once the Tract Map has been approved by the City Council, improvements completed, and recorded with the County the bond shall be released (See Bond Release for more information) and the Revocable Permit closed.
The following items are required in order to obtain a Revocable Permit for a tract merger:
- Confirm the appropriate fees have been collected (Tier 1, Tier 2, or Tier 3 depending on how controversial the project is and if a Board Report will be required).
- City Council Motion directing BOE to issue a R-Permit to allow the encroachments satisfying said conditions of the permit prior to recordation of the vesting tentative tract map.
- Sketch or plan of the proposed encroachment
- Any proposed improvements to the existing sidewalk, alley, or driveway shall be ADA compliant
- Photos documenting the existing site and proposed encroachment
- Proof of satisfactory insurance coverage
- Signed and notarized Waiver and Release of Claims form
- Approval letter from the Department of City Planning
- Approval letter from Department of Transportation
- Approval letter from BSL, if applicable
- Approval letter from Urban Forestry, if applicable
- Copy of the Building & Safety permit issued to the applicant for the construction of encroachments, if applicable
- A construction estimate to restore the area (amount determines the bond amount) within the public right-of-way if the tract merger proceedings are denied, canceled or stopped for any reason.
- Cash or Surety Bond as determined by the District office (covers the costs required to restore the public right-of-way to pre-existing conditions in the event the proposed tract merger is not approved or completed). This is submitted to the Bond Control Group in Valley District office and governed by the State of California, Government Code Title 7, Division 2, Subdivision Map Act.
- Completed “Application for Bond Preparation” with the “Tract/Parcel Map No.” type selected in “Step Two”
- Four (4) original, executed copies of the Bond documents shall be submitted and distributed as follows:
- 1 - File
- 2 - Applicant
- 3 & 4 - Bond Control Group in Valley District office