Chapter 16.04 — REVERSION TO ACREAGE, CONSOLIDATION OF LOTS AND LOT LINE ADJUSTMENTS

The purpose of this chapter is to provide for, regulate and control the reversion of subdivided land to acreage, the combination and consolidation of lots and parcels and lot line adjustments.

(Ord. 2722, passed - -1990)

Subdivided property may be reverted to acreage pursuant to the provisions of this section and Article 1 of Chapter 6 of the Subdivision Map Act (Cal. Gov’t Code Title 7, Division 2, Chapter 6, Article 1). For the purpose of this chapter, a reversion to acreage is a process to be used for the combination and consolidation of land previously subdivided by the filing and recordation of a final subdivision tract.

(A) Initiation of proceedings by owners. Proceedings to revert subdivided property to acreage may be initiated either by the city or by petition signed by all of the owners of record of the property to be reverted. The petition shall be in a form prescribed by the Director of Development Services and shall contain the information required by § 66499.13 of the Subdivision Map Act (Cal. Gov’t Code Title 7, Division 2, Chapter 6, § 66499.13) and any such other information as required by the Director of Development Services.

(B) Initiation of proceedings by City Council. The City Council, at the request of any person or on its own motion, may by minute order initiate proceedings to revert property to acreage. The City Council shall direct the Director of Development Services to obtain the necessary information to initiate and conduct the proceedings as required by law.

(C) Required data. Petitions filed for the initiation of reversion proceedings shall contain the following:

(1) Name, address and telephone number of the record owners of the lots or land to be reverted;

(2) Evidence of title to the real property within the subdivision, in the form of title reports, recorded deeds or other data;

(3) Evidence of the consent of all the owners of record to the reversion, which shall also include signatures of parties owning the types of land interests described in § 66436(a)(2) of the Subdivision Map Act (Cal. Gov’t Code Title 7, Division 2, Chapter 2, § 66436(a)(2));

(4) Evidence that none of the public improvements required to be made as a condition precedent to the final approval of the subdivision or parcel map have been made or installed within two years from the date the final map or final parcel map was recorded or filed for record with the County Recorder or within the time allowed by agreement for completion of the improvements, whichever is the later date;

(5) Evidence that none of the lots or parcels shown on the final subdivision map or parcel map have been sold within five years from the date the final map or parcel map was recorded or filed for record with the County Recorder; and

(6) A fee in the amount specified in Title 21 of this code, to be paid by the owner or owners who initiated the reversion proceedings or to be paid by the person or persons who requested the City Council to initiate the proceedings. Such fees shall not be refunded.

(D) Final map. A final map showing the boundary of the land being considered for reversion, prepared in the same manner as that required for the final tract map of any subdivision, as specified in Chapter 16.02, and also showing dedications which will not be vacated or abandoned as a result of the reversion and any dedications required as a condition to reversion, shall be filed with the City Engineer for checking and approval. A map for the reversion to

acreage need not be based upon a field survey if sufficient record data is available as determined by the City Engineer. The map, or a tentative copy thereof, shall be submitted at the same time the petition for reversion is submitted.

(E) Action by the City Council. Upon receipt of the petition, the Director of Development Services shall verify its accuracy and completeness and shall prepare a report on the reversion, listing the pertinent items to be considered, any dedications or improvements to be required and any other information needed or required pursuant to the furtherance of the purpose of this chapter. Such report and petition shall be transmitted to the City Council and a public hearing before the Council shall be set within 30 days after its receipt. The Director’s report shall also be sent to the owners or person who initiated the proceedings at least three days prior to the date of the public hearing. Notice of the public hearing shall be given as provided in Cal. Gov’t Code § 66451.3. At the public meeting, the City Council shall hear the evidence and all interested parties. The City Council may approve a reversion to acreage only if it finds and records by resolution the following:

(1) The dedications or offers of dedications to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public uses or purposes;

(2) Either:

(a) All owners of an interest in the properties to be reverted, as they are described in division (C)(3) above have consented to the reversion;

(b) None of the public improvements required to be made as a condition precedent to the final approval of the subdivision or parcel map have been made or installed within two years from the date the final map or parcel map was recorded or filed for record with the County Recorder or within the time allowed by agreement for completion of the improvements, whichever is the later date; or

(c) None of the lots or parcels shown on the final subdivision or parcel map have been sold within five years from the date the final map or final parcel map was recorded or filed for record with the County Recorder.

(3) As a condition of the approval of the reversion to acreage, the City Council shall require the following:

(a) Dedications or offers of dedication for required streets, alleys, drain and utilities required for the public safety and welfare, as required by the City Engineer;

(b) Retention of those portions of previously paid fees and deposits to cover the outstanding expenses of the city for engineering, inspection, surveying, testing, administration and overhead incurred in the processing, checking or handling of the subdivision of land being reverted;

(c) Construction of certain public improvements as required by the City Engineer to provide access, adequate circulation to, around or through the land being reverted and essential utility services to the lots or parcels being reverted or to properties adjacent thereto, or, in lieu of construction, the retention of cash fees and deposits previously paid in the estimated amount of the required improvements; and

(d) Retention of a portion of the improvement securities previously posted or the posting of new improvement securities and agreements to guarantee the construction of any improvements required as a condition of the reversion. (F) Delivery of final map and effect of recordation. After the public hearing and approval of the reversion, and upon the City Engineer’s statement as to the correctness and sufficiency of the final map, and upon the posting of any agreements or securities or the completion of any dedications required by the City Council, the City Engineer shall release the final map for delivery to the County Recorder. Reversion shall be effective upon the final map being filed for record by the County Recorder, and thereupon, all dedications and offers of dedication made by the original subdivision or parcel map or by separate instrument, not shown on the final map of the reversion, shall be of no further force or effect. When a reversion map is recorded, all fees and deposits shall be returned and all former agreements and improvement securities released, except as provided in division (E) above.

(Ord. 2722, passed - -1990)

Whenever an owner is required to combine two or more contiguous lots or parcels for the purpose of constructing buildings or structures which cross existing lot lines, or where the consolidation of contiguous lots required to provide the required off-street parking, or open space or landscape area, or other purpose required as a condition of the development of a project or land in accordance with Title 15 of this code, then such lots or parcels shall be consolidated in the manner specified in this section.

(A) Application. An application shall be submitted in writing, in a form provided by the City Engineer, which shall give the legal description of the lots to be consolidated, the owner’s name, address and telephone number, evidence of title, the reason for the consolidation and such other information as may be required. A map or sketch showing the lots or parcels, with the latest County Assessor parcel numbers, shall also be submitted. The City Engineer and the Director of Development Services shall review the application for correctness and sufficiency.

(B) Fees and covenant.

(1) Upon review and approval of the application, the applicant shall pay the fees for the consolidation of lots as determined in Title 21 of this code. The City Engineer shall thereafter prepare a declaration of covenant for execution by the owner of the lots or parcels to be consolidated. The declaration of covenant shall contain essentially the following language.

The undersigned Owner(s) and Declarant(s) hereby covenant and agree for themselves, their heirs, successors, assigns and legal representatives, that all of the following described real property in the City of Fullerton shall be held under common ownership, and that no part thereof, less than the whole thereof, will be sold, disposed of or in any way divided or hypothecated for any purpose whatsoever other than in accordance with the Subdivision Map Act, other applicable state law and the provisions of the Fullerton Municipal Code. (Attach or include legal description of properties to be consolidated.)

This declaration of covenant shall be binding upon the heirs, successors, assigns, legal representatives and administrators of the undersigned declarant(s) and is hereby expressly declared to be for the benefit of and enforceable by the City of Fullerton, and may be released or modified only with written consent of the City of Fullerton.

(2) After preparation, execution and acknowledgment of the declaration of covenant, it shall be recorded with the County Recorder and shall thereafter run with the land. A copy of the declaration of covenant shall be kept on file in the Development Services Department. Upon recordation, a building permit or other zoning or use permit may be issued and approved by the city, based upon the exterior lot lines of the consolidated parcels, if all other requirements have been met.

nt, it shall be recorded with the County Recorder and shall thereafter run with the land. A copy of the declaration of covenant shall be kept on file in the Development Services Department. Upon recordation, a building permit or other zoning or use permit may be issued and approved by the city, based upon the exterior lot lines of the consolidated parcels, if all other requirements have been met.

(C) Map requirement. Whenever contiguous lots or parcels are being consolidated and at the same time any or all of them are being divided, then all of the lots or parcels involved shall be shown on a tract or parcel map, which divisions (and consolidation) shall be processed, controlled, regulated and approved in accordance with Chapter 16.02 or 16.03, whichever is applicable, of this title.

(Ord. 2722, passed - -1990)

For the purpose of this chapter, a lot line adjustment is any division of land exempt from the requirements of the Subdivision Map Act, in which no more parcels are created by the division than originally existed prior to the adjustment. The Director of Development Services may approve or disapprove an application for a lot line adjustment,

and his or her determination as to whether a division may be classed as a lot line adjustment shall be final. His or her action shall be in writing and sent by mail to the applicant within 50 days of filing.

(A) Application. An application shall be submitted in writing, in a form provided by the City Engineer which shall give the legal description of the lots or parcels to be adjusted, the owner’s names, addresses and telephone numbers, evidence of title and such other information as may be required. A map sketch, in a form provided by the City Engineer, showing the lots or parcels before and after their adjustment, their relationship to each other, adjoining lots or parcels, street centerlines or right-of-way lines, existing buildings, fences and the like, and the latest County Assessor parcel numbers shall also be submitted. The complete application and map sketch shall be submitted to the Director of Development Services for his or her approval as to zoning and building ordinances prior to submittal to the City Engineer for his or her review as to correctness and sufficiency.

(B) Appeal from action by the Director of Development Services. If the applicant for a lot line adjustment wishes to appeal the decision of the Director of Development Services or the requirements and conditions pertaining to his or her approval or denial of the lot line adjustment, he or she shall file a written appeal with the Director of Development Services within 15 days of the Director of Development Services’ written action. The application, along with a staff report setting forth the requirements and other information regarding the lot line adjustment, shall then be sent to the Planning Commission, who shall hear the appeal. A copy of the report shall also be sent to the owner or applicant making the appeal at least three days prior to any hearing or action by the Planning Commission. Upon receipt of the report, the Planning Commission shall review the matter at its first regular meeting held, but not less than ten days after its receipt. The decision of the Planning Commission approving, conditionally approving or denying the appealed lot line adjustment or conditions thereof shall be final unless a further appeal to the City Council is made within ten days after action by the Planning Commission. If a further appeal is made, it shall be handled in the same manner as outlined above for regular division by parcel map.

(Ord. 2722, passed - -1990)

The City Engineer shall have the authority, based upon the evidence and data available and presented to him or her, to determine when any proposed consolidation of lots shall be construed as a reversion to acreage, as described in § 16.04.020 or as a lot consolidation, as described in § 16.04.030. In the absence of any appeal to the Planning Commission or City Council, his or her decision shall be final and thereafter, the consolidation or reversion of lots or parcels shall be processed in accordance with the applicable section of this chapter. (Ord. 2722, passed - -1990)

CHAPTER 16.05: PUBLIC IMPROVEMENTS, DEDICATIONS, PERFORMANCE AGREEMENTS AND IMPROVEMENT SECURITIES