Colton Municipal Code Ch. 16.38 Parcel Mergers

It is the purpose and intent of this chapter to provide a method for merging of contiguous Parcels of land held under common ownership in accord with the provisions of Section 66499.20 3/4 of the Subdivision Map Act.

(Ord. No. O-03-23, § 4(Exh. A), 4-18-2023)

The Planning Commission May authorize the merger of contiguous residential Parcels held under common ownership upon review and Approval of a properly submitted and complete Application submitted pursuant to this chapter including the Following:

A. Satisfactory evidence of common ownership of all affected Parcels;

B. Plot plan showing all Structures in relation to existing Parcel Lot Lines.

(Ord. No. O-03-23, § 4(Exh. A), 4-18-2023)

The Planning Commission May authorize the merger of contiguous nonresidential Parcels of land held under common ownership upon review and Approval of a properly submitted and complete Application submitted pursuant to this chapter including the Following:

A. A final Parcel map delineating all Parcels to be merged as one unit;

B. Satisfactory evidence of common ownership of all affected Parcels;

C. Plot plan showing all Structures in relation to existing Parcel Lot Lines.

(Ord. No. O-03-23, § 4(Exh. A), 4-18-2023)

The Owners of Parcels proposed for merger under this chapter shall make Application for a Parcel merger as follows:

A. Submission to the Planning Department of an Application form obtained from the Engineering Department of the City, prepared by the Owner or his qualified agent, containing all information required by this chapter and Section 66499.20 3/4 of the Subdivision Map Act.

B. Submission to the Planning Department of such additional maps and information as May be required by the Engineering Department form, together with a filing Fee in an amount established by Resolution of the City Council.

C. The Planning Department shall review the Application as submitted in coordination with the Engineering Department and determine its completeness.

D. Upon a determination of completeness of the Application for Parcel merger, the Engineer Department shall make its recommendation for Approval or denial to the Planning Department and the planning Department shall review the Application and make its recommendation regarding the proposed Parcel merger in accord with the provisions of the City's Zoning Code and general plan to the Planning Commission.

E. The Planning Commission shall review the completed Application, together with the recommendations of the Engineering Department and the Planning Department and shall approve, conditionally approve, or disapprove the proposed Parcel merger within thirty Days of the determination of completeness of the Application by the Planning Department.

F. The Applicant shall be notified in writing of the Planning Commission's action within fifteen Days of that action.

G. The Parcel Owner, a Department of the City, or any interested Person May Appeal the action of the Planning Commission to the City Council in accord with the procedures set forth in Chapter 16.36 of this Code.

H. Upon expiration of the Appeal period or upon direction of the City Council on an Appeal, the Planning Department shall transmit to the Owner/Applicant a "Notice of merger" evidencing the merger of the Parcel(s) for recordation by the Owner with the San Bernardino County Recorder.

(Ord. No. O-03-23, § 4(Exh. A), 4-18-2023)

Two or more contiguous parcels or units of land may be merged by the city council when held by the same owner if all of the following requirements are satisfied:

A. 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.

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

1. Comprises less than five thousand 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 that is adequate for vehicular safety equipment access and maneuverability;

6. Its development would create health or safety hazards;

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

(Ord. No. O-03-23, § 4(Exh. A), 4-18-2023)

The procedure for a merger of substandard lots pursuant to this chapter is as set forth in Government Code Sections 66451.10 through 66451.21. Any hearing or determination required pursuant to these procedures must be made by the city council.

(Ord. No. O-03-23, § 4(Exh. A), 4-18-2023)