Redlands Municipal Code Ch. 17.21 Parcel Mergers and Unmergers

Two (2) or more contiguous parcels or units held by the same owner shall be considered as merged if one of the parcels or units does not conform to the minimum parcel or lot size required by title 18 of this code, and 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 exists:

1. Comprises less than five thousand (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.

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

D. Subsection B of this section shall not apply if any of the conditions stated in section 66451.11(b)(A), (B), (C) or (D) of the subdivision map act exist. (Ord. 2481 § 1, 2002)

Prior to recording a notice of merger, the department shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged pursuant to this title and that, within thirty (30) days from the date the notice of intention was recorded, the owner may request a hearing before the planning commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder by the department on the same day that the notice is mailed to the property owner. (Ord. 2481 § 1, 2002)

The owner of the affected property may file a written request for a hearing with the department within thirty (30) days after recording of the notice of intention to determine status. Upon receipt of the request, the department shall set a time, date and place for a hearing before the planning commission and notify the owner by certified mail. The hearing shall be conducted within sixty (60) days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the planning commission and the property owner.

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this chapter.

At the conclusion of the hearing, the planning commission shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination. The notice of determination shall be mailed to the property owner by the department within five (5) days of the date of the hearing. (Ord. 2481 § 1, 2002)

If the planning commission makes a determination that the parcels are to be merged, a notice of merger shall be filed for record with the county recorder by the department within thirty (30) days of the conclusion of the hearing, unless the decision has been appealed pursuant to section 17.21.050 of this chapter. The notice of merger shall specify the name of the record owner and a description of the property. The notice of merger under this title shall be in a form approved by the city engineer and shall be approved by the city engineer prior to being filed for record with the county recorder.

If the planning commission makes a determination that the parcels shall not be merged, a release of the notice of intent to determine status shall be filed for record with the county recorder by the department within thirty (30) days after the planning commission determination, and a clearance letter shall be mailed to the owner by the department. (Ord. 2481 § 1, 2002)

The determination of the planning commission may be appealed to the city council in accordance with section 17.07.100 of this title; provided that the appeal shall be filed within fifteen (15) days of the date of the notice of determination and the city council shall hear the appeal within sixty (60) days from the date of appeal. If, after hearing, the city council grants the appeal and determines that the affected property has not been merged pursuant to this title, the department shall, within thirty (30) days after the city council determination, file for record with the county recorder a release of the notice of intention to determine status and mail a clearance letter to the owner.

When the planning commission makes a determination to merge or not merge contiguous parcels or units, the department shall make a written report thereof to the city council. Any member of the city council shall have the right to call up the determination for city council review by a written request to the community development director within ten (10) days of the final action by the planning commission. If the city council decides to review the determination, it shall conduct a public hearing after giving notice pursuant to subsection 17.07.070A of this title. In addition, notice shall be given to the planning commission. The public hearing shall be held within thirty (30) days after the date of the request for review. The city council may reverse or affirm the determination on any of the grounds contained in this title. Within ten (10) days following the conclusion of the hearing, the council shall render its decision. If the city council does not act within the time limits set forth in this section, the determination shall be deemed to have been affirmed as last determined by the planning commission insofar as it complies with all other applicable provisions of the subdivisions map act, this title, this code and the general plan. (Ord. 2481 § 1, 2002)

If the owner does not file a request for a hearing within thirty (30) days after the recording of the notice of intention to determine status, the planning commission may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed for record with the county recorder by the department within ninety (90) days after the mailing of the notice of intention to determine status pursuant to section 17.21.020 of this chapter. (Ord. 2481 § 1, 2002)

If the merger of contiguous parcels or units is initiated by a record owner, the owner may waive in writing the right to a hearing before the planning commission and to all notices required by this title. Upon receipt of such waiver, the department shall simultaneously file for record with the county recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger. (Ord. 2481 § 1, 2002)

Any parcel which has merged under the provisions of any law prior to January 1, 1984, and for which a notice of merger had not been recorded on or before that date, shall be unmerged if on that date:

A. The parcel meets each of the following criteria:

1. Contains at least five thousand (5,000) square feet in area.

2. Was created in compliance with applicable laws and ordinances in effect at the time of its creation.

3. Meets current standards for sewage disposal and domestic water supply.

4. Meets slope density standards.

5. Has legal access which is adequate for vehicular and safety equipment access and maneuverability.

6. Its unmerger and development would create no health or safety hazards.

7. The unmerged parcel would be consistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

B. And, with respect to the parcel, none of the conditions stated in section 66451.30(b)(1), (2), (3), (4) or (5) of the subdivision map act exist. (Ord. 2481 § 1, 2002)

Upon written application made by the owner to the department, the planning commission shall make a determination that the affected parcels have merged or are to be merged. If the planning commission determines that the parcels have not merged, the owner shall be so notified by the department.

If the planning commission determines that the parcels have merged and that they meet the requirements for unmerger in section 17.21.080 of this chapter, a notice of status, as approved by the city engineer, shall be issued to the owner and filed for record with the county recorder by the department, which shall identify each parcel and declare that they are unmerged pursuant to this title.

If the planning commission determines that the parcels have merged and do not meet the unmerger requirements in section 17.21.080 of this chapter, a notice of merger specifying the record owner and description of the parcel shall be issued to the owner and filed for record with the county recorder by the department. The owner may appeal the decision of the planning commission as provided in section 17.21.050 of this chapter. The city council may review the planning commissions determination as provided in section 17.21.050 of this chapter. (Ord. 2481 § 1, 2002)

A fee and/or deposit for processing mergers and unmergers at the request of an owner shall be charged to the owner, in accordance with section 17.01.070 of this title. (Ord. 2481 § 1, 2002)