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)
