Hemet Municipal Code Art. XVI Merger of Contiguous Parcels of Land

Footnotes:

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Editor's note— Ord. No. 2063, § 2, adopted October 14, 2025, in effect repealed art. XVI, §§ 70-451—70-454, and enacted a new art. XVI as set out herein and as may later be amended. Former art. XVI pertained to similar subject matter and derived from Ord. No. 1564, adopted July 29, 1997.

When used in this chapter, the following terms shall have the following meanings:

Contiguous means touching or adjoining at more than one point. Property shall be considered contiguous even if it is separated by roads, streets, utility easements, or railroad rights-of-way.

Merger means the joining of two or more, but less than five, contiguous parcels or units of improved or unimproved land, which are held by the same owner or owners, into one building site pursuant to this title. Parcels or units may include land division or subdivision lots, assessor's tax parcels, or lots created by deed.

Minimum parcel size means the size to permit development under established zoning, subdivision, or other city codes. Minimum size includes the lot area required by an applicable slope ordinance, policy, or zoning density guidelines.

Same owner. Contiguous parcels or units of land are considered to be held as the same owner if one owner holds at least a fraction share in two or more contiguous parcels.

(Ord. No. 2063, § 2, 10-14-25)

The owners of 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 Government Code § 66410 et seq. or any prior law regulating the division of land, may request merger of conforming parcels without reverting to acreage or filing a parcel map upon compliance with the following requirements:

(1) Any contiguous parcels are held by the same owner(s).

(2) 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 with only 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.

(3) With respect to any affected parcel, one or more of the following conditions exist:

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

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

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

d. Does not meet slope stability standards.

e. Has no legal access that is adequate for vehicular and safety equipment access and maneuverability.

f. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

g. A lot line passes through a structure within a development project that has been approved pursuant to the development code.

(4) The parcels when merged, will not:

a. Be inconsistent or create a conflict with the zoning code or general plan, or any approved specific plan.

b. Create a conflict with the location of any existing structures.

c. Deprive or restrict another parcel of access.

d. Create new lot lines.

(Ord. No. 2063, § 2, 10-14-25)

(a) Prior to merging any contiguous parcels, the community development director or city engineer shall, by certified mail to the property owner(s) of record at the address shown on the latest available assessment roll of the county, mail notice of intent to merge per the Subdivision Map Act of Government Code § 66541.13, which notifies the owner(s) that the affected parcels may be merged pursuant to the provisions of this section. The notice shall include the statement that the owner(s) will be given the opportunity to request a hearing and to present evidence that the proposed contiguous parcel does not meet the criteria for a merger. For the purpose of this title, a property owner is any person holding any portion of the title for any involved party.

(b) The notice of intent to merge shall be recorded with the county recorder of the date that the notice is given to all property owner(s) or record.

(c) Within 30 days of the recordation of the notice of intent to merge, the owner(s) of the affected property must file a request for hearing regarding the proposed merger, with the community development director or city engineer.

(1) If the owner of the affected property does not file a request for a hearing within the 30-day time period specified above, the community development director shall determine whether or not to merge the contiguous parcels. A determination of merger shall be recorded no later than 90 days (or on the 31st day following the recordation) following the mailing of notice of intent of merge (or notice of intention to determine status).

(2) To merge the contiguous parcels, the community development director or city engineer shall make the following findings:

a. The merged parcel complies with the appropriate provisions of the Subdivision Map Act and all applicable city requirements for the merging of contiguous parcels.

b. The merged parcel does not adversely affect the purpose and intent of the city's general plan or the public health, safety and welfare.

(3) If the owner of the affected property requests a hearing on the merger, then the planning commission, after a hearing, shall make the determination whether or not the affected parcels are or are not to be merged.

(d) The community development director shall set a time, date, and location for the hearing upon receiving a request for a hearing from the property owner of the affected property. The hearing shall be conducted within 60 days following the receipt of the owner's request, but may be continued with the mutual consent of the planning commission and the property owner.

(e) At the hearing the property owner shall be given the opportunity to present evidence that the affected property does not meet the merger requirements set forth in section 70-451. At the conclusion of the hearing, the planning commission shall make a determination as to whether the affected parcels are to be merged or not to be merged. To merge contiguous parcels, the planning commission shall make the following findings:

(1) The merged parcel complies with the appropriate provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and all applicable city requirements for the merging of contiguous parcels identified in section 70-451;

(2) The merged parcel does not adversely affect the purpose and intent of the city's general plan or the public health, safety, and welfare.

(f) If the planning commission determines that the subject parcels shall be merged, it shall cause the notice of merger to be recorded within 30 days of the conclusion of the hearing as provided for in Government Code § 66451.12. If notification cannot be made at the time of the hearing to the parcel owner(s) in person, notification shall be made by certified mail. The planning commission shall notify the owner of its determination no later than five business days after the conclusion of the hearing.

(g) If the planning commission determines that the parcels should not be merged, the planning commission shall instruct the community development director to release the notification of intent to merge and mail a copy of the release to the property owner.

(Ord. No. 2063, § 2, 10-14-25)

The owner(s) of any two or more, but less than five, contiguous lots or parcels may be requested by an applicant provided the contiguous parcels satisfy the general requirements outlined in section 70-451.

(1) The application shall be made per the requirements in section 70-454.

(2) Within 30 days of the application to merge parcels, the community development director shall determine whether the affected parcels are eligible to be merged. To merge contiguous parcels, the community development director shall make the following findings:

a. The merged parcel complies with the appropriate provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and all applicable city requirements of the merging of contiguous parcels;

b. The merged parcel does not adversely affect the purpose and intent of the city's general plan or the public health, safety, and welfare.

(3) If the community development director determines that the subject parcels shall be merged, the notice of merger shall be recorded as provided for in Government Code § 66451.12.

(4) If the community development director determines that the parcels should not be merged, the community development director shall notify the property owner.

(Ord. No. 2063, § 2, 10-14-25)

Application for merger pursuant to this article shall be made in the form prescribed below:

(1) Completed application form and paid applicable fees.

(2) Preliminary title report by a licensed title company and prepared less than six months of the application submittal date for each parcel included in the application.

(3) Legal description of the existing parcels with a wet seal of the engineer or licensed land surveyor.

(4) Proof of ownership.

(5) Proof that property taxes on each parcel have been paid.

(6) A letter signed by the applicant.

(7) Plat map drawn to scale on uniform 8½" x 11" size sheets that include the following:

a. Plot map of the merged parcels with a wet seal of the engineer or licensed land surveyor.

b. Layout and dimension of each parcel showing property lines to be removed.

c. If the parcel(s) contain existing buildings, include a sheet showing the location of the building(s) with dimensions to the property lines.

d. Vicinity map.

e. Accessor parcel numbers and, if applicable, tract number.

f. Name, address, and phone number of both the applicant and the engineer.

g. North arrow and scale of drawing.

h. All maps must be clear and legible.

(Ord. No. 2063, § 2, 10-14-25)

Upon compliance with the provisions of this article and the requirements of the State Subdivision Map Act, the community development director shall cause the certificate of merger to be recorded as prescribed by law. The merger of any contiguous parcels shall become effective upon recordation of the notice of merger with the county recorder. The notice of merger shall specify the date of the determination, the names of the recorded owners, and a legal description of the properties.

(Ord. No. 2063, § 2, 10-14-25)

A filing fee for applications for mergers under this article may be prescribed from time to time by resolution of the city council.

(Ord. No. 2063, § 2, 10-14-25)