Whenever two or more contiguous lots, parcels or units of land
which have been legally created under the provisions of this title
and other applicable provisions of this code are held by the same
owner, such lots, parcels or units shall be merged without reverting
to acreage where the following conditions exist:
A.
One of the lots, parcels or units of land does not conform to current standards for minimum lot area or dimensions under the regulations of the zoning district applicable to the property, but merger shall occur only to the extent necessary to establish lots conforming to the current standards for minimum lot area and dimensions and after a public hearing has been held thereon pursuant to Section 17.28.050;
B.
The
owner constructs structures or buildings on, over, or across existing
lot lines between contiguous lots, parcels, or units of land and develops
such lots, parcels, or units as a single unit, but merger shall occur
only to those lots, parcels or units which are developed as a single
unit.
(Ord. 795 § 1, 1983)
After merger has occurred with respect to any contiguous lots,
parcels or units of land under this chapter, such lots, parcels or
units of land shall be treated as a single lot under the provisions
of this code.
(Ord. 795 § 1, 1983)
Property shall be considered as contiguous lots, parcels or
units of land only if such lots, parcels, or units of land are adjoining,
but not if such lots, parcels, or units of land are separated by roads,
streets, alleys, railroad rights-of-way, or other features deemed
to be similar to these by the director of the department of community
development.
(Ord. 795 § 1, 1983)
Any or all lots, parcels, or units of land which may have been
merged pursuant to state law prior to July 7, 1977, are deemed to
be unmerged and separate parcels.
(Ord. 795 § 1, 1983)
Whenever the director of the department of community development believes that real property can be merged pursuant to this chapter, the director shall give the owner of the real property affected by the merger thirty days notice that the director intends to file a notice of merger declaring the lots, parcels or units of land merged. The notice to the property owner shall advise the owner that he has a right to a hearing before the planning commission on why the notice of merger should not be recorded and shall specify the time, date and place of hearing; but in the case of merger pursuant to subsection B of Section 17.28.010, the notice shall advise the owner that such hearing shall only be conducted if requested by the owner within ten days of the date of notice.
(Ord. 795 § 1, 1983)
The planning commission shall hold a public hearing on any merger pursuant to subsection A of Section 17.28.010 and, wherever a timely request is made, on any merger pursuant to subsection B of Section 17.28.010. The property owner shall state his objection and present the evidence upon which he relies. If the planning commission shall find that the conditions constituting merger have not occurred, or that the findings required prior to the granting of a variance contained in Section 502.0, et seq., of the San Dimas zoning ordinance can be made with regard to maintaining the lots, parcels, or units of land as unmerged, then it shall determine that no merger has occurred and instruct the director of the department of community development not to file the notice of merger. Otherwise, the director shall file the notice of merger unless any owner of record or other party files a written appeal of the decision of the planning commission with the city council within ten days following the decision of the planning commission.
(Ord. 795 § 1, 1983)
If an appeal is filed with city council in accordance with this chapter, the city council shall set the matter for public hearing, with notice thereof to the owner or owners of the property subject to the proposed merger, and shall render its decision within thirty days after the filing of an appeal. The city council shall make the findings set forth in Section 17.28.060 in approving or disapproving the proposed merger.
(Ord. 795 § 1, 1983)
Whenever the director of the department of community development
determines that real property has merged pursuant to this chapter,
the director shall cause to be filed for record with the county recorder
a notice of such merger specifying the name(s) of the record owner(s)
and particularly describing the real property affected by the merger.
(Ord. 795 § 1, 1983)
Subdivided real property which is not deemed merged pursuant
to the provisions of this chapter may be reverted to acreage pursuant
to the provisions of Article 1 of Chapter 6 of the Subdivision Map
Act. A parcel map may be filed under the provisions of that chapter
for the purpose of reverting to acreage land previously subdivided
and consisting of four or less contiguous parcels under the same ownership.
(Ord. 795 § 1, 1983)
