Rialto Municipal Code Ch. 17.46 Merger of Parcels

The purpose of this chapter is to comply with the provision of Article 1.5 (commencing with Section 66451.10 of the Government Code) relating to the merger of parcels. Said article provides that a local agency may provide by ordinance for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner.

(Ord. 1234 (part), 1995)

The merger shall be permitted of a parcel or unit with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size, under the zoning ordinances of the city of Rialto applicable to the parcels or units of land and if all of the following are satisfied:

A. At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or 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 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 under Title 12 of this code,

4. Does not meet slope stability standards under Chapters 17.40 and 17.44 of this code,

5. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability under Title 11 of this code, nor meets the requirements of the Uniform Fire Code as incorporated in Chapter 15.28 of this code, or the general safety requirements for fire personnel of the Rialto fire department,

6. Its development would create a health or safety hazard under any provision of this code,

7. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size;

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

(Ord. 1234 (part), 1995)

No merger shall apply if one of the following conditions exists:

A. 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 Internal Revenue Code.

B. On or before July 1, 1981, one or more of the contiguous parcels or units of land was located within two thousand feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the city council or other local agency.

C. On or before July 1, 1981, one or more of the contiguous parcels or units of land was located within two thousand feet of a future commercial mineral resource extraction site as shown on a plan for which a use permit, or other permit authorizing commercial mineral resource extraction has been issued by the city council or other local agency.

D. For purposes of subsections B and C of this section, "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity.

E. On July 1, 1981, one or more contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104 , or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201.

(Ord. 1234 (part), 1995)

A merger of parcels becomes effective when the city files, or causes to be filed, for record with the recorder of San Bernardino County, a notice of merger specifying the names of the record owners and particularly describing the real property.

(Ord. 1234 (part), 1995)

Prior to recording a notice of merger, the city may cause to be mailed by certified mail to the then current owner of record of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in Section 17.46.020, and advising the owner of the opportunity to request a hearing on the determination of status before the planning commission and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status may be filed for record with the county recorder on the date that the notice is mailed to the property owner.

(Ord. 1234 (part), 1995)

At any time within thirty days after recording the notice of intention to determine status, the owner of the affected property may file with the planning commission a request for hearing on determination of status.

A. Upon filing a notice of hearing the planning commission shall set a time and date for the hearing to be conducted by it. The planning commission shall notify the affected property owner of the date, time and place of the hearing by certified mail.

B. The hearing shall be conducted not more than sixty days following the planning commission's receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the planning commission and the affected property owner.

C. If, within the thirty-day period specified in this section, the affected owner does not file a request for a hearing in accordance with this section, the planning commission may, at any time thereafter, make a determination that the affected parcels are to be merged or not merged. A determination of merger shall be recorded with the office of the San Bernardino County recorder not later than ninety days following the mailing of the notice specified in subsection A of this section, and in accordance with Section 17.46.050.

(Ord. 1234 (part), 1995)

A. At the hearing, the affected 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.

B. 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.

C. The determination of nonmerger may be made whether or not the affected property meets the standards of merger as specified in this chapter.

D. A determination of merger shall be recorded within thirty days after the conclusion of the hearing with the office of the San Bernardino County recorder in accordance with Section 17.46.050.

E. If, in accordance with this chapter, the planning commission determines that the subject property shall not be merged, it shall cause to be recorded with the office of the San Bernardino County Recorder a release of notice of intention to determine status, recorded pursuant to Section 17.46.050, and shall mail a clearance letter to the then current owner of record.

(Ord. 1234 (part), 1995)

This section implements the procedures and prescribes the standards for owner-initiated merger and un-merger of land as authorized by Government Code Sections 66451.30 through 66451.302 and 66499.20.2 through 66400.20.3, as may be amended from time to time.

A. Subdivided lands may be merged and re-subdivided without reverting to acreage by complying with the requirements for the subdivision of land as provided by the Subdivision Map Act and this subsection.

B. By application of all owners of record, filed with the city engineer, contiguous parcels under common ownership may be merged without reverting to acreage. To allow the merger, the city engineer, in consultation with the community development director or designee, must find that:

1. All parcels to be merged are contiguous, adjacent or may be consolidated into a single parcel;

2. All parcels to be merged are under identical ownership; and

3. The resulting parcel is consistent with the city's general plan, any applicable specific plan, and any other applicable provision of this code.

C. Upon approval of the merger by the city engineer, the city engineer shall file with the county recorder an instrument evidencing the merger.

D. Appeal. A determination of the city engineer to approve or deny the application may be appealed by an interested party to the city manager, or his or her designee ("city manager"), by filing a written notice of appeal within ten calendar days from the date of the city engineer's decision. The city manager, at his or her discretion, may request a hearing on the matter, or may decide the matter based on the record and written appeal. The city manager shall review the matter de novo, and shall issue a decision within forty-five days of receipt of the written appeal. The city manager's decision shall be final.

(Ord. No. 1668, § 1, 9-13-22)