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;
(Ord. 99-23 § 1)
A.
Prior
to merging any contiguous parcels, the director shall, by certified
mail to the property owner(s) of record 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
thirty days of the recordation of the notice of intent to merge, the
owner 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 thirty day time period specified above, the director of
planning shall determine whether or not to merge the contiguous parcels.
To merge contiguous parcels the director of planning shall make the
following findings:
a.
The merged parcel complies with the appropriate provisions of the
Subdivision 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,
then planning commission, after a hearing, shall make the determination
whether or not the affected parcels are or are not to be merged.
D.
The
planning department 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
sixty days following the receipt of the owner's request, but may be
continued with 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 this subsection C of this section. At the conclusion of the hearing, the planning commission shall make a determination to whether the affected parcels are to be merged or not 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 Subdivision
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 shall
be merged, it shall cause the notice of intent to merge to be recorded
as provided for in Section 66451.12 of the Government Code. 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.
If
the planning commission determines that the parcels should not be
merged, the commission shall instruct the director of planning to
release the notification of intent to merge and mail a copy of the
release to the property owner.
(Ord. 99-23 § 1)
A.
When the owner or owners of record of any contiguous parcel, as defined in subsection C of this section, requests the merger of four or fewer contiguous parcels, application shall be made on the forms and in the manner specified by the director.
B.
Within
thirty days of the application to merge parcels, the director of planning
shall determine whether the affected parcels are to be merged. To
merge contiguous parcels the director of planning shall make the following
findings:
1.
The
merged parcel complies with the appropriate provisions of the Subdivision
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.
C.
If
the director of planning determines that the subject parcels shall
be merged, it shall cause the notice of merger to be recorded as provided
for in Section 66451.12 of the Government Code. If notification cannot
be made at the time of the hearing to the parcel owner in person,
notification shall be made no later than five working days after the
conclusion of the hearing.
D.
If
the director determines that the parcels should not be merged, the
director of planning shall release the notification of intent to merge
and mail a copy to the release to the property owner.
(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)
