Beaumont Municipal Code Ch. 16.61 Merger of Contiguous Parcels

Notwithstanding Section 16.08.190, except as is otherwise provided for in this Chapter, two or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act, 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, shall not be deemed merged by virtue of the fact that the contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of this Chapter shall be required for the purpose of sale, lease, or financing of the contiguous parcels or units, or any of them.

(Ord. 677 §1, 1989)

The owner of any two or more contiguous lots may request a merger of said lots by filing with the Community Development Director an Application for Owner Initiated Merger and Waiver of Parcel Map, on a form provided by the Community Development Department in conformance with Section 16.64.010 of the Beaumont Municipal Code. The Application shall be processed and the request approved, disapproved and/or appealed in accordance with the provisions of Chapter 16.64 (Lot Line Adjustments) of the Beaumont Municipal Code.

(Ord. 677 §1, 1989)

Pursuant to authority granted by Government Code Sections 66451.10 et seq., the Community Development Director shall, by taking the steps outlined in Section 16.61.040, initiate the process to merge into a single parcel any two or more contiguous parcels or units of land including those which have been created pursuant to this Ordinance, the Subdivision Map Act or prior law, Municipal, County or State, which are held by the same owner, prior to any land use approval pursuant to Beaumont Municipal Code Chapters 17.70, 17.80 and/or 17.90 or the issuance of any building permits if no land use approval is required, when the following requirements are satisfied:

A. Anyone or more of the following conditions apply:

1. Anyone of the contiguous parcels or units held by the same owner does not conform to standards set forth in Title 17 for minimum parcel size;

2. One or more of the parcels or units is developed or will be developed with a single structure that is also partially sited on a contiguous parcel or unit;

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

B. At least one of the affected parcels is undeveloped by 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 parcel or unit.

C. With respect to any affected parcel, one or more of the following conditions exists:

1. Comprises less than 5,000 square feet in area at the time of the determination of merger.

2. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

3. Does not meet current standards for sewage disposal and domestic water supply.

4. Does not meet slope stability standards.

5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

6. Its development would create health or safety hazards.

7. Is inconsistent with the General Plan and any applicable specific plan, other than minimum lot Size or density standards.

D. The contiguous lots were not created by the recording of a Final Map or Parcel Map approved by the City of Beaumont.

(Ord. 677 §1, 1989)

Prior to recording a notice of merger, the Community Development Director shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for Record with the Riverside County Recorder on the date that notice is mailed to the property owner.

(Ord. 677 §1, 1989)

At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the Community Development Director a request for a hearing on determination of status.

(Ord. 677 §1, 1989)

A. Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Section 16.61.050, the Community Development Director shall fix a time, date, and place for a hearing to be conducted by the Planning Commission, and shall notify the property owner of that time, date, and place for the hearing by certified mail.

B. The hearing shall be conducted not more than 60 days following the Community Development Director's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the Community Development Director and the property owner.

C. At the 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 Section 16.61.030.

D. At the conclusion of the hearing, the Planning Commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination within ten days of the hearing.

E. A determination of merger shall be recorded as provided for in Section 16.61.030 within 30 days after conclusion of the hearing or within 30 days after conclusion of the hearing before the City Council if the Planning Commission decision is appealed pursuant to Section 16.61.100.

(Ord. 677 §1, 1989)

A. If, within the 30-day period specified in Section 16.61.050, the owner does not file a request for a hearing in accordance with Section 16.61.060, the Planning Commission may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged.

B. The determination shall appear as an item on the regularly noticed agenda of the Planning Commission without public hearing.

C. A determination of merger shall be recorded as provided for in Section 16.61.030 no later than 90 days following the mailing of notice required by Section 16.61.040.

(Ord. 677 §1, 1989)

A determination of non-merger may be made pursuant to Section 16.61.060 or 16.61.070 whether or not the affected property meets the standards for merger specified in Section 16.61.030.

(Ord. 677 §1, 1989)

If, in accordance with Section 16.61.060 or 16.61.070, the Planning Commission determines that the Subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 16.61.210 a release of the notice of intention to determine status, recorded pursuant to Section 16.61.040, and shall mail a clearance letter to the then current owner of record.

(Ord. 677 §1, 1989)

A determination made by the Planning Commission may be appealed to the City Council following procedures outlined in Section 17.70.005(e). A determination on appeal by the City Council shall be final.

(Ord. 677 §1, 1989)

The provisions of this Chapter relating to City initiated mergers shall not apply if one of the following conditions exist:

A. On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

B. On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201.

C. On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.

D. On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency. For purposes of paragraphs C and D of this subdivision, "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity.

(Ord. 677 §1, 1989)

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

(Ord. 677 §1, 1989)

A merger of parcels becomes effective when the Community Development Director causes to be filed for Record with the Riverside County Recorder a notice of merger specifying the names of the record owners and particularly describing the real property.

(Ord. 677 §1, 1989)

The Community Development Director is authorized and directed to prepare application and notice forms to implement the procedures of this Chapter and to determine a fee to be paid by the property owner for services rendered by the City in completing the procedures of this Chapter for each merger initiated, prior to initiation of the procedure. The fee may be waived if the City initiates the procedure and there has been no land use approval or building permit requested by the property owner.

(Ord. 677 §1, 1989)

This Ordinance is enacted pursuant to Title 7, Division 2, Chapter 3, Article 1.5 (Section 66451.10 et seq.), Section 66499.20-3/4 and Section 66412(d) of the Government Code. Any conflict between this Chapter and said provisions as amended, shall be resolved by conforming the procedures herein to those required by said provisions.

(Ord. 677 §1, 1989)