The purpose of this section is to provide procedures by which
the city may require or provide for the merger of contiguous parcels
under common ownership. This section has been adopted in compliance
with the provisions of Sections 66451.11 of the Subdivision Map Act
and complies with the provisions of Sections 66451.10 through 66451.21
inclusive, of the Subdivision Map Act, which provides the city with
authority for the merger of contiguous parcels.
(Ord. 99-23 § 1)
The director or the owner of any contiguous parcel may initiate the merger of any parcel which meets the requirements of Section
16.39.060. The director, planning commission or city council may require the owner of any contiguous parcel to request the merger of any or all contiguous parcels within the city in conjunction with the approval of any development plan (Chapter
17.05) or conditional use permit (Chapter
17.04) of the Temecula Municipal Code.
(Ord. 99-23 § 1)
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 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 parcel(s) involved comprises less than five thousand
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 met 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 zoning and 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 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
or restrict another parcel of access,
(Ord. 99-23 § 1)
The merger of any contiguous parcels shall become effective
upon recordation of the notice of merger with the county recorder.
The notice of merger shall specify the date of the director's determination,
the names of the recorded owners, and a legal description of the properties.
(Ord. 99-23 § 1)
The appeal of the director's determination to merge contiguous parcels to the appropriate advisory agency shall be made in accordance with the appeal provisions contained in Section
17.03.090 of the development code.
(Ord. 99-23 § 1)