CITY OF RIALTO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO CALIFORNIA AMENDING CHAPTER 17.46 OF THE MUNICIPAL CODE FOR THE MERGER OF PARCELS.
WHEREAS, Chapter 17.46 of the City of Rialto (“City”) Municipal Code governs the merger of parcels; and WHEREAS, currently, Chapter 17.46 includes a procedure for the merger of parcels initiated by the City, but does not include a procedure for applicant initiated parcel mergers; and WHEREAS, currently, the City requires an owner to file a tentative and parcel map for a merger involving five (5) or more parcels. This Ordinance will allow for the merger of unlimited parcels under single ownership without the need for a tentative and –––––parcel map.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: ADDITION OF SECTION 17.46.080 TO CHAPTER 17.46 OF THE RIALTO MUNICIPAL CODE Section 17.46.080 is hereby added to Chapter 17.46 the Rialto Municipal Code to read as follows:
“Sec. 17.46.080 – Mergers Initiated by Application
This section implements the procedures and prescribes the standards for owner-initiated merger and un-merger of land as authorized by Government Code Sections 66451.30 through 66451.302 and 66499.20.2 through 66400.20.3, as may be amended from time to time.
Subdivided lands may be merged and re-subdivided without reverting to acreage by complying with the requirements for the subdivision of land as provided by the Subdivision Map Act and this subsection.
By application of all owners of record, filed with the City Engineer, contiguous parcels under common ownership may be merged without reverting to acreage. To allow the merger, the City Engineer, in consultation with the Community Development Director or designee, must find that:
All parcels to be merged are contiguous, adjacent or may be consolidated into a single parcel; All parcels to be merged are under identical ownership; and The resulting parcel is consistent with the city’s general plan, any applicable specific plan, and any other applicable provision of this code.
Upon approval of the merger by the City Engineer, the City Engineer shall file with the county recorder an instrument evidencing the merger.
Appeal. A determination of the City Engineer to approve or deny the application may be appealed by an interested party to the City Manager, or his or her designee (“City Manager”), by filing a written notice of appeal within ten (10) calendar days from the date of the City Engineer’s decision. The City Manager, at his or her discretion, may request a hearing on the matter, or may decide the matter based on the record and written appeal. The City Manager shall review the matter de novo, and shall issue a decision within forty-five (45) days of receipt of the written appeal. The City Manager’s decision shall be final.” SECTION 2: SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3: EFFECTIVE DATE.
This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Rialto.
SECTION 4: PUBLICATION.
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c).
INTRODUCED at the regular meeting of Rialto City Council on ___________, 2022.
PASSED, APPROVED AND ADOPTED this ___ day of _____________ 2022. _________________________________
Deborah Robertson, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _________________________________ Barbara McGee, City Clerk Eric S. Vail, City Attorney
State of California )
County of San Bernardino )
City of Rialto )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance was introduced and first read on the ___ day of __________ 2022, and had its second reading at the regular meeting of the Rialto City Council on the ___ day of _____________, 2022, and was passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
Barbara McGee, City Clerk
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Burke, Williams & Sorensen, LLPAttorneys At LawRiversideBurke, Williams & Sorensen, LLPAttorneys At LawRiverside Burke, Williams & Sorensen, LLP
Attorneys At Law
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Burke, Williams & Sorensen, LLP
Attorneys At Law
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