(a)
A mandatory merger of substandard lots may be initiated by the City. A lot may be merged with a contiguous lot held by the same owner. If any one of the contiguous lots or units held by the same owner does not conform to the standards for minimum lot size or dimension specified by the applicable land use district, the following requirements shall be satisfied.
(1)
At least one of the affected lots is not developed with any 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 accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot involved in the proposed merger.
(2)
At least one of the affected lots must have one or more of the following conditions.
(A)
The lot comprises less than 5,000 square feet in area at the time of the determination of merger.
(B)
The lot was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
(C)
The lot does not meet current standards for sewage disposal and/or domestic water supply.
(D)
The lot does not meet slope stability and/or density standards, as specified by this Code, Specific Plan or the General Plan.
(E)
The lot has no legal access which is adequate for vehicular and emergency equipment access and maneuverability.
(F)
The development of the lot would create health or safety hazards.
(G)
The lot is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.
(H)
The lot is associated with a residential, commercial, and/or mixed-use project that proposes a development project that spans at least one (1) other contiguous parcel, and which has either an approved land use entitlement application or approved building permit application for said parcel(s).
For purposes of determining whether contiguous lots are held by the same owner, the ownership of record shall be determined as of the date that the Notice of Intention to Determine Status is recorded. Ownership of record shall be determined by the verification of the property ownership as recorded with the County Recorder in the official County records.
(b)
A lot merger becomes effective when the City causes to be filed for record with the County Recorder a Notice of Merger specifying the names of the record owners and a description of the real property to be merged. This notice shall be transmitted to the County Recorder with any certificates for taxes as referenced in this Code.
(c)
When a Notice of Merger has been recorded, the resultant parcel so merged shall be developed as a single unit of land.
(d)
When the City initiates a merger of substandard lots, noticing shall be done in compliance with the following provisions.
(1)
Until January 1, 1990, for lots which are 4,000 square feet or less and which were deemed by the City to be merged prior to January 1, 1984, the noticing procedures shall be as follows. At least 30 days prior to recording a notice of merger, the City shall advise the owner of record of the affected lots, in writing, of the intention to record the notice, and specify a time, date, and place at which the owner may present evidence to the Planning Agency as to why such notice should not be recorded.
(2)
Unless otherwise specified in Section 83.040705, for all other lots proposed to be merged which do not meet the criteria of subsection (d) (1) of this section, above, the City shall cause to be mailed by certified mail to the current record owner of the property a Notice of Intention to Determine Status, notifying the owner that the affected lots may be merged pursuant to provisions and standards specified by this section, and advising the owner of the opportunity to request a Determination of Status hearing and to present evidence at the hearing that the property does not meet the criteria for merger. This hearing shall be conducted in accordance with the Staff Review without Notice procedures by the Office of Planning. The Notice of Intention to Determine Status shall be filed for record with the Recorder of the County of San Bernardino on the date that notice is mailed to the property owner.
(e)
At any time within 30 days after recording of the Notice of Intention to Determine Status, the owner of the affected property may file with the Office of Planning a request for a Determination of Status hearing.
(f)
Upon receiving a request for a Determination of Status hearing from the owner of the affected property pursuant to Section 83.040701(e), the Community Development Director shall fix a time, date, and place to conduct a hearing and shall notify the property owner of the time, date, and place of the hearing by certified mail. The hearing shall be conducted not more than 60 days following the City’s receipt of the property owner’s request for a hearing, but may be postponed or continued with the mutual consent of the City and the property owner.
(g)
At a Determination of Status hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this section and Section 83.040705. At the conclusion of the hearing, the Office of Planning shall make a determination that the affected lots are to be merged or are not to be merged and shall so notify the owner of this determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing.
(h)
If within the 30-day period specified in Section 83.040701(e) the owner does not file a request for hearing in accordance with Section 83.040701(f), the Office of Planning may, at any time thereafter, make a determination that the affected lots are to be merged or are not to be merged. A Notice of Merger shall be recorded as provided in Section 83.040701(b) herein no later than 90 days following the mailing of notice required by Section 83.040701(e) herein.
(i)
If, in accordance with Section 83.040701(g) or 83.040701(h) herein, the Office of Planning determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 83.040701(b) herein a Release of the Notice of Intention to Determine Status, recorded pursuant to Section 83.040701(d)(2) and shall mail a clearance letter to the current owner of record.
(j)
Any decisions made by the Community Development Director in accordance with this section may be appealed prior to recordation of the Notice of Merger in accordance with the provisions of this Code.
(Ord. 432 § 1, 2023)