Indio Municipal Code Ch. 5.10 Parcel Mergers and Unmergers

[Ord. No. 1834, 6-3-2026]

The primary purpose of this Chapter is to provide for a merger of parcels upon application of the property owner without the necessity of processing a parcel map. The specific requirements for a city-initiated merger of contiguous parcels are outlined in this Chapter in compliance with Subdivision Map Act Section 66451.10 et seq.

[Ord. No. 1834, 6-3-2026]

Two or more contiguous parcels or units of land which have been subdivided under the provision of this Chapter or the Subdivision Map Act shall not merge by virtue of the fact that such contiguous parcels are held by the same ownership. No further proceedings under this Chapter shall be required for the purpose of sale, lease, or financing, except as provided by this Chapter.

[Ord. No. 1834, 6-3-2026]

If any one of two or more contiguous parcels or units held by the same owner does not conform to existing standards for minimum parcel size, under the zoning regulations so as not to permit its development, and at least one parcel or unit has not been developed with a building for which a building permit is required, 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, then such parcels shall be considered as merged for the purpose of this Chapter. In addition, with respect to any affected parcel, one or more of the following conditions must exist:

A. Comprises less than 5,000 square feet in area at the time of the determination of 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 which is adequate for vehicular and safety equipment access and maneuverability.

F. Its development would create health or safety hazards.

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

This section shall not apply if 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.

[Ord. No. 1834, 6-3-2026]

A. The filing of a notice of unmerger shall restore the parcels as separate parcels, as they existed immediately prior to the merger. An unmerger is an administrative reversal of a prior merger — not a new subdivision or parcel map action.

B. Any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984, shall be deemed not to have merged as outlined in Government Code Sections 66451.30 - 66451.33.

[Ord. No. 1834, 6-3-2026]

A. Whenever the Community Development Director or an authorized representative has knowledge that real property has merged pursuant to this Chapter, they shall cause to be filed with the County Recorder a notice of merger. At least 30 days prior to recording of notice, the owner of the parcels or units shall be advised in writing of the intention to record such notice.

B. The notification to the owner shall specify a time, date, and place at which the owner may present evidence as to why the notice of merger should not be recorded.

C. The notice of merger to be recorded shall specify the names of the record owners and describing the property to be merged.

D. 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.

E. Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to Government Code Section 66451.14, 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. 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 City and the property owner.

F. 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 this Chapter and Government Code Section 66451.0 et seq.

G. 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. If the merger ordinance so provides, a determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Government Code Section 66451.11. A determination of merger shall be recorded within 30 days after the conclusion of the hearing, as provided for in Government Code Section 66451.12.

H. If, within the 30-day period specified above, the owner does not file a request for a hearing in accordance with Subsection D above, the Community Development Director may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in § 5.10.08 below no later than 90 days following the mailing of notice required by Subsection E above.

I. If, in accordance with Subsections F through H above, the Planning Commission determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in § 5.10.08 below a release of the notice of intention to determine status, recorded pursuant to Subsection A, and shall mail a clearance letter to the then current owner of record.

J. Appeals regarding the merger may be made to the City Council per the City's appeal process.

[Ord. No. 1834, 6-3-2026]

A. Upon request of the legal owner of contiguous parcels, the Community Development Director or authorized representative may approve the merger of the property. Such request shall be in writing and shall be accompanied by such data and documents as required by the Community Development Director 's office.

B. Upon approval, a "notice of merger" shall be filed with the County Recorder. The form and content of the notice shall be as required by the City Engineer.

C. In approving such merger, the city may impose reasonable conditions. The reasonableness of such conditions may be appealed within 15 days of written notice of the conditions to the City Council in accordance with this Chapter.

D. A fee to be charged at actual cost shall be charged to the applicant for processing such a merger. A deposit may be required to be applied toward this fee.

[Ord. No. 1834, 6-3-2026]

The merger map shall be prepared in a manner acceptable to the Community Development Director and shall be prepared by a registered civil engineer or licensed land surveyor. The submittal requirements for a merger application shall contain, but not be limited to, the following:

A. Title Report (within six months of submittal date).

B. Legal description prepared and signed by a licensed land surveyor or registered civil engineer.

C. Scaled drawing showing in dashed lines the existing lots and with a solid line the proposed lots, prepared and signed by a licensed land surveyor or registered civil engineer. All existing structures and driveways shall be shown on the map.

[Ord. No. 1834, 6-3-2026]

A. A merger of parcels becomes effective when a notice of merger specifying the names of the record owners and particularly describing the real property is filed for record with the Riverside County Recorder.