Chapter 7.55 — LOT MERGER

The purpose of this chapter is to provide procedures by which the city may require or provide for the merger of contiguous parcels under common ownership. The provisions of this chapter comply with Cal. Gov’t Code § 66451.11 and with the provisions of Cal. Gov’t Code §§ 66451.10 through 66451.21 inclusive, which provides the city with authority for the merger of contiguous parcels.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

The City Engineer may initiate the merger of up to four contiguous parcels meeting the requirements of § 7.55.050 (Merger Requirements). The City Engineer, Community Development Director, Planning Commission, or City Council may require the owner of any contiguous parcel to merge any or all contiguous parcels in conjunction with the approval of any entitlement required by Title 9 (Development

Code) of the Menifee Municipal Code.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

The designated approval authority as specified in § 7.05.020 (Responsibility and Authorities) is authorized to approve or deny applications for a lot merger.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

Once a verified complete application, and fees have been accepted for processing, the City Engineer shall distribute the lot merger application for review and comment to the Public Works Engineering Department, Community Development Department, and other appropriate departments or agencies.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

The merger of a parcel with a contiguous parcel(s) may only occur if all the following requirements are satisfied: (A) Any contiguous parcels are held by the same owner or owners.

(B) That at least one of the affected parcels is undeveloped and does not contain a structure for which a building permit was issued or contains a structure for which a building permit was not required at the time of construction or is developed only with an accessory structure or other structure which is sited or partially sited on a contiguous parcel.

(C) That one or more of the following conditions applies to any affected parcel:

(1) At least one of the parcels involved comprises less than 5,000 square feet in area at the time of the determination of merger.

(2) The parcel was not legally created in compliance with all applicable laws and ordinances in effect at the time of its establishment.

• (3) The parcel does not meet slope stability standards.

• (4) The parcel does not meet current standards for sewage disposal and domestic water supply.

• (5) The parcel has no legal access which is adequate for motor vehicles or safety equipment.

• (6) The development of the parcel would create health and safety hazards.

• (7) The parcel is inconsistent with the city’s General Plan, any approved specific plan, or the provisions of the city’s Development Code.

• (8) A lot line passes through a structure within a development project that has been approved pursuant to the Development Code.

• (D) That the parcels when merged will not:

• (1) Be inconsistent with or create a conflict with the city Development Code or General Plan or any approved specific plan;

• (2) Create a conflict with the location of any existing structures;

• (3) Deprive a parcel of access or restrict access to a parcel; or

• (4) Create new lot lines.

• (Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

(A) Prior to merging any contiguous parcels, the City Engineer shall, by certified mail to the record property owner(s) at the address shown on the latest available assessment roll of the County of Riverside, mail a notice of intent to merge 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 merger 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 property.

(B) The notice of intent to merge shall be recorded with the Riverside County Recorder on the date that the notice is given to all property owner(s) of 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 a hearing regarding the proposed merger with the Planning Department.

(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 City Engineer shall, within 90 days of the recordation of the notice of intent to merge, determine whether or not to merge the contiguous parcels. To merge contiguous parcels, the City Engineer shall make the following findings:

(a) The merged parcel complies with the appropriate provisions of the 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.

(2) If the owner of the affected property requests a hearing on the merger, the Planning Commission shall, after a hearing, make the determination whether the affected parcels are or are not to be merged.

(D) The City Clerk 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 or on the thirty-first day following the recordation of the notice of intent to merge. The hearing shall be conducted within 60 days following the receipt of the owner’s request but may be continued by the mutual consent of the Planning Commission and the property owner. Notice of the hearing shall be given to the property owner(s) by certified mail.

(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 § 7.55.050 (Merger Requirements). At the conclusion of the

hearing, the Planning Commission shall make a determination as to whether the affected parcels are 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 Map Act and all applicable city requirements for the merging of contiguous parcels.

(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 are to be merged, the Commission shall cause the notice of merger to be recorded set forth in Cal. Gov’t Code § 66451.12. If notification cannot be made at the time of the hearing to the parcel owner in person, notification shall be made by certified mail. The Commission shall notify the owner of its determination no later than five working days after the conclusion of the hearing.

(G) An appeal of the Planning Commission’s determination to merge continuous parcels to the City Council shall be made in accordance with the appeal provisions contained in § 9.30.100 (Appeals) of the Development Code.

(H) If the Planning Commission determines that the parcels should not be merged, the Commission shall instruct the City Engineer to record a notice of release of the notification of intent to merge and mail a copy of the release to the property owner.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

The merger of any contiguous parcels shall become effective upon recordation of the notice of merger with the Riverside County Recorder. The notice of merger shall specify the date of the City Engineer’s determination, or that of the Planning Commission or the City Council as may be the case, the names of the record owners, and a legal description of the properties as merged.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)

A property owner may apply to the city for a determination that any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984 are deemed not to have been merged under Cal. Gov’t Code § 66451.30. If the City Engineer determines that the parcels meet the standards specified in § 66451.30, the city shall issue to the owner, and record with the County Recorder, a notice of the status of the parcels and a declaration that the parcels are not merged.

(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)