§ 16.32

Notwithstanding Chapter 16.08 of this title, except as may otherwise be provided for in this section, two or more, but less than five contiguous parcels or lots of subdivided real property which have been created under the provisions of the Subdivision Map Act of the California Government Code or any prior law regulating the division of land, or a city ordinance enacted pursuant thereto, or which were not subject to those provisions at the time of their creation, may be merged without a reversion to acreage and an associated parcel map, under the authority of Section 66499.20 3/4 of the Subdivision Map Act of the California Government Code.

(Code 1965, § 22-79.)

16.32.020 - Owner-initiated merger of contiguous lots or parcels.

The owner(s) of any two or more, but less than five, contiguous lots or parcels may request a merger of said lots or parcels upon the submittal of a petition of all the owners of record of the real property in question requesting such merger, and by filing with the community development director an application for ownerinitiated merger and waiver of parcel map, on a form provided by the community development department. All owners must have an interest in each of the parcels sought to be merged. The petition and application shall be processed and the request approved, denied and/or appealed in accordance with the provisions of Title 17 of this Code.

(Code 1965, § 22-80.)

The petition cited in Section 16.32.020 shall contain the following information:

A.

Evidence of title (e.g. grant deeds and title report) to all of the parcels of real property involved in the merger.

B.

Written consent of all the owners of interest(s) in all of the parcels of real property involved in the merger. The consent shall be notarized.

C.

An exhibit, drawn to a standard engineering scale, delineating the existing parcel boundaries and the location of any existing structures and easements; and delineating the boundaries of the parcel after the merger.

D.

Evidence of any variances, encroachment permits, or other evidence of entitlement to deviation from existing zoning law requirements.

E.

Evidence of legal and physical access to the parcel and evidence that access to adjoining lots and parcels will not be eliminated or restricted by the merger.

F.

Evidence that all property taxes are current for all of the affected parcels.

G.

After receipt of the petition, applicant may be required to provide such other pertinent information as may be determined by the community development director and/or the city engineer to be needed for the

proper processing of the application. Such additional information may include, but is not limited to the following: topographic data, data relative to drainage conditions or flood hazards, relative location of public facilities and improvements, information relative to the potential environmental impact of the merger, record survey, etc.

(Code 1965, § 22-81.)

The community development director shall initiate the process to merge into a single lot or parcel any two or more, but less than five, contiguous lots or parcels of land which are held by the same owner, prior to any land use approval, or the issuance of any building permits on said lots or parcels if no land use approval is required, when any one or more of the following conditions apply:

A.

Any one or more of the contiguous lots or parcels held by the same owner does not conform to the minimum parcel size and/or dimensional standards set forth for the zoning district in which such lots or parcels are located.

B.

One or more of the parcels or lots is developed, or will be developed, with a single primary structure, that is also partially sited on a contiguous lot or parcel under the same ownership.

C.

One or more of the parcels or lots is developed, or will be developed, with a primary use or structure that will be partially or wholly sited on a contiguous lot or parcel under the same ownership.

D.

Merger is required by the city as a condition of any land use approval or for the issuance of any permit.

(Code 1965, § 22-82.)

The real property described in Sections 16.32.020 and 16.32.040 may only be merged when the community development director finds that:

A.

The lots to be merged are, at the time of merger, under common ownership and all owners having an interest in the real property to be merged have consented to the merger, in writing;

B.

The parcel(s) or lot(s) to be created by the merger meet or exceed the minimum dimensions and area as to size established by the zoning district in which said lots or parcels are located, or a variance thereto has

been granted;

C.

The lot or parcel to be created by the merger has legal and physical access, and access to adjoining lots or parcels will not be eliminated or restricted by the merger;

D.

All property taxes are current for all affected parcels. Any delinquent property taxes have been paid on all affected lots/parcels which are the subject of the merger;

E.

It clearly appears from the record, as determined by the community development director, that any easements of record affecting the lots or parcels to be merged, or for adjoining lots or parcels, will not be restricted or eliminated by the merger. Alternatively, where it appears from the record, as determined by the community development director, that any such easement may be restricted or eliminated, a written, notarized, statement of noninterference has been received from the easement holder;

F.

No new lot lines will be created through the merger.

(Code 1965, § 22-83.)

16.32.060 - Recordation of instrument evidencing the merger.

Upon the granting of a merger by the community development director, a certificate of compliance shall be prepared by the applicant. Such certificate shall be subject to review and approval by the engineering department.

A.

The planning department shall provide the applicant with the form for the certificate of compliance. Applicant shall complete the form and return it to the planning department. Such certificate shall be subject to review and approval by the engineering department.

B.

When the certificate has been completed and approved as set forth hereinabove, the certificate shall be filed with the city clerk, who shall be responsible for recording the document with the county recorder of the county of Riverside.

C.

A certificate of compliance shall not be recorded if any of the subject lots or parcels is subject to delinquent taxes. The applicant shall have ten days following date of notice of such delinquency by the planning department to present evidence of such payment.

D.

The recorded certificate of compliance shall be returned to the planning department, which shall forward same to applicant;

E.

Applicant shall cause to be prepared a deed, or such other document of title as may be made to appear in the record chain of title for the newly created parcel, bearing a description thereon which is in conformance with the merger. The applicant shall be responsible for the accuracy of the legal description appearing on such document. The applicant shall record the document with the Riverside County recorder. Applicant shall submit a conformed copy of such document to the planning department within ninety days following date of mailing of the certificate of compliance to the applicant by the planning department.

(Code 1965, § 22-84.)

16.32.070 - Failure to conform to procedures—Application may be voided.

Failure by the applicant to conform to any of the procedures or time limits set forth herein may result in the voiding of the merger application.

(Code 1965, § 22-85.)

Applicant may be charged a reasonable fee, in an amount not to exceed the costs as determined by the city manager, or processing the merger application.

(Code 1965, § 22-86.)

Chapter 16.33 - TENTATIVE MAP EXTENSIONS