(A) Prior to merging any contiguous parcels, the City Engineer shall, by certified mail to the record property owner(s) 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 30 days of the recordation of the notice of intent to merge, the owner(s) 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 30-day time period specified above, the City Engineer shall, within 90 days of the recordation of the notice of intent to merge, determine whether or not to merge the contiguous parcels. To merge contiguous parcels, the City Engineer shall make the following findings:
(a) The merged parcel complies with the appropriate provisions of the 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, the Planning Commission shall, after a hearing, make the determination whether the affected parcels are or are not to be merged.
(D) The City Clerk 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 60 days following the receipt of the owner’s request but may be continued by 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 § 7.55.050 (Merger Requirements). At the conclusion of the hearing, the Planning Commission shall make a determination as to whether the affected parcels are 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 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 are to be merged, the Commission shall cause the notice of merger to be recorded set forth in Cal. Gov’t Code § 66451.12. 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) An appeal of the Planning Commission’s determination to merge continuous parcels to the City Council shall be made in accordance with the appeal provisions contained in § 9.30.100 (Appeals) of the Development Code.
(H) If the Planning Commission determines that the parcels should not be merged, the Commission shall instruct the City Engineer to record a notice of release of the notification of intent to merge and mail a copy of the release to the property owner.
(Ord. 2019-286, passed 11-20-2019; Am. Ord. 2019-291, passed 12-18-2019)