Chapter 16.28 — LOT MERGERS

A. A mandatory merger of substandard lots may be initiated by the City. A lot may be merged with a contiguous lot held by the same owner if any one (1) of the contiguous lots or units held by the same owner does not conform to standards for minimum lot size or dimension specified by the applicable zone/land use district if all of the following requirements are satisfied:

1. At least one of the affected lots is not developed with any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot involved in the proposed merger; and

2. At least one (1) of the affected lots must have one (1) or more of the following conditions:

a. The lot comprises less than five thousand (5,000) square feet in area at the time of the determination of

merger;

b. The lot was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c. The lot does not meet current standards for sewage disposal and/or domestic water supply;

d. The lot does not meet slope stability and/or density standards, as specified by this Code, community plan or the General Plan;

e. The lot has no legal access which is adequate for vehicular and emergency equipment access and maneuverability;

f. The development of the lot would create health or safety hazards:

g. The lot is inconsistent with the applicable General Plan and any applicable community plan or specific plan, other than minimum lot size or density standards.

For purposes of determining whether contiguous lots are held by the same owner, the ownership of record shall be determined as of the date that notice of intention to determine status is recorded. Ownership of record shall be

determined by the verification of the property ownership as recorded with the County Recorder in the official County records.

B. A lot merger becomes effective when the City causes to be filed for record with the County Recorder a notice of merger specifying the names of the record owners and a description of the real property to be merged. This notice shall be transmitted to the County Recorder with any certificates for taxes as referenced in Section 16.04.040.D.1.

C. When a notice of merger has been recorded, the resultant parcel so merged shall be developed as a single unit of land.

D. When the City initiates a merger of substandard lots, noticing shall be done in compliance with the following provisions:

1. Unless otherwise specified in Section 16.28.020, for all lots proposed to be merged, the City shall cause to be mailed by certified mail to the current record owner of the property a notice of intention to determine status, notifying the owner that the affected lots may be merged pursuant to provisions and standards specified by this Section, and advising the owner of the opportunity to request a determination of status hearing and to present evidence at the hearing that the property does not meet the criteria for merger. This hearing shall be conducted in accordance with the staff review without notice procedures by the office of planning, as provided in Chapter 16.12. The notice of intention to determine status shall be filed for record with the Recorder of the County of San Bernardino on the date that notice is mailed to the property owner.

E. At any time within thirty (30) days after recording of the notice of intention to determine status pursuant to Subsection D.1. of this Section, the owner of the affected property may file with the planning department a request for a determination of status hearing.

F. Upon receiving a request for a determination of status hearing from the owner of the affected property pursuant to Subsection E. of this Section, the planning director shall fix a time, date and place to conduct a hearing and shall notify the property owner of the time, date and place of the hearing by certified mail. The hearing shall be conducted not more than sixty (60) days following the City’s receipt of the property owner’s request for a hearing, but may be postponed or continued with the mutual consent of the City and the property owner.

G. At a determination of status hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this Section and Section 16.28.020. At the conclusion of the hearing, the planning department shall make a determination that the affected lots are to be merged or are not to be merged and shall so notify the owner of this determination. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing.

H. If within the thirty (30) day period specified in Subsection E. of this Section, the owner does not file a request for hearing in accordance with Subsection F of this Section, the planning department may, at anytime thereafter, make a determination that the affected lots are to be merged or are not to be merged. A notice of merger shall be recorded as provided in Subsection B. of this Section, no later than ninety (90) days following the mailing of notice required by Subsection E. of this Section.

If, in accordance with Subsection G. or H. of this Section, the planning department determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Subsection B. of this Section, a release of the notice of intention to determine status, recorded pursuant to Subsection D.1. of this Section and shall mail a clearance letter to the current owner of record.

accordance with Subsection G. or H. of this Section, the planning department determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Subsection B. of this Section, a release of the notice of intention to determine status, recorded pursuant to Subsection D.1. of this Section and shall mail a clearance letter to the current owner of record.

I. Any decisions made by the planning director in accordance with this Section may be appealed prior to recordation of the notice of merger in accordance with the provisions of Chapter 16.12.

A. Description and Purpose. It is the purpose of this Section to allow property owners to request a voluntary merger of contiguous lots that are under the same ownership.

B. Process. The property owner shall file an application for a lot merger. The reviewing authority shall be the planning director and review of the application shall be subject to the provisions for staff review without notice pursuant to Section 16.12.005(3) of the Development Code and in accordance with the provisions of Subsection C. of this Section. The merger of the subject lots becomes effective when the planning director causes a notice of merger specifying the names of the record owners and a description of the real property to be filed for record with the County Recorder.

C. Requirements. A voluntary merger of lots maybe requested by an applicant. A lot may be merged with one (1) or more contiguous lots held by the same owner if any one (1) of the contiguous lots held by the same owner does not conform to standards for minimum lot size or dimension specified by the applicable zone/land use district or if at least one (1) such lot meets one (1) or more of the requirements specified in Section 16.30.010.A.2.

The planning agency shall find and justify the following to be true, prior to recording any notice of merger:

A. The lots to be merged at the time of merger are under common ownership;

B. The lots as merged will be consistent with or be more closely compatible with the applicable zone/land use district regulations and any other planning policies relating to the subject property and lot configuration;

C. The lot as merged will not be deprived of legal access as a result of the merger and access to the adjoining lots will not be restricted by the merger;

D. All current and any delinquent taxes have been paid on all affected lots.