Chapter 16.40 — VOLUNTARY LOT MERGERS

This chapter shall apply only in the circumstances set forth hereinafter. (Prior code § 9508.5.010)

• A. Any contiguous parcels or units of land held under common ownership may be merged at the request of the property owner(s), pursuant to Government Code Section 66499.20 3/4 and this chapter. Unless otherwise regulated by law, approval and recordation of a final or parcel map over previously subdivided property shall be deemed to have merged those properties, and this chapter shall have no force or effect.

• B. Record owner(s) of contiguous lots may file a request with the community development director to merge such contiguous parcels. The request for merger shall be made on a form prescribed by the community development director, and accompanied by a fee as established by city council resolution.

• C. A voluntary lot merger may be approved only if it is found that:

  1. Dedications or offers of dedication to be vacated or abandoned by the lot merger are unnecessary for present or future public purposes, or that any dedications or offers of dedication which are necessary for present or future public purposes are preserved on the merged parcels; and

  2. All owners of an interest in the real property within the subdivision have consented to the lot merger.

• D. The community development director, or the designee thereof, may require as conditions of the lot merger:

  1. That all or a portion of previously paid subdivision fees, deposits or improvement securities be retained if they are necessary to accomplish any of the provisions of this chapter;

  2. Payment of any additional fees necessary to accomplish any of the provisions of this chapter; and

  3. Such other conditions as are necessary to accomplish the purposes or provisions of this title or necessary to protect the public health, safety, or welfare.

• E. A voluntary parcel merger shall become effective when the community development director causes a notice of merger to be filed with the office of the San Bernardino County recorder.

• F. Any action in regard to a lot merger application can be appealed in the manner prescribed in Upland Municipal Code Section 17.16.180.

• (Prior code § 9508.5.020)