§ 9105.07

This Section establishes requirements consistent with the Act for certificates of compliance, lot line adjustments, lot mergers, and reversions to acreage.

9105.07.020 - Certificates of Compliance.

A.

General Provisions.

1.

The City shall process and approve or deny applications for certificates of compliance in compliance with Government Code Sections 66499.34 and 66499.35, and this Subsection.

2.

Filing criteria and applicability - when required.

a.

A recorded certificate of compliance may be requested by any person owning real property to have the Director determine whether the property complies with the provisions of the Act and this Development Code.

b.

A certificate of compliance may be required by the Department with the recordation of a Notice of Merger.

c.

A recorded certificate of compliance shall be required for all lot line adjustments.

d.

When contiguous deeds or surveys have ambiguities in which the property boundary cannot be ascertained as determined by the Director and an agreement is reached to establish the line by all parties, a boundary line agreement and a certificate of compliance shall be recorded.

e.

When determined by the Director, a certificate of compliance may be required for the remainder lot(s) on final or parcel maps.

B.

Application.

1.

An application for a certificate of compliance shall be filed with the Director and processed in compliance with Section 9107.03 (Application Processing Procedures).

2.

The application shall include the most up-to-date information and materials specified in the Department handout for certificate of compliance applications.

3.

The applicant shall pay the processing fee specified by the Fee Schedule and the sum of money equal to the amount required by law for filing with the County Recorder the certificate of compliance.

4.

The Director may require the submission of supporting information as deemed necessary by the Director to determine compliance.

5.

All submissions shall be legible and readily reproducible.

C.

Review Authority. The Director shall be the review authority for reviewing and either approving or denying certificates of compliance.

D.

Review and Action.

1.

The Director shall review the completed application in light of public records and applicable law.

2.

If the Director is able to determine from this review that the lot is clearly in compliance with the provisions of this Division and the Act, a certificate of compliance shall be issued by the Director and delivered to the County Recorder for recordation.

3.

If the Director is unable to determine from this review that the lot is in compliance with the provisions of this Division and the Act, but can do so with appropriate conditions, a conditional certificate of compliance shall be issued by the Director and delivered to the County Recorder for recordation.

a.

In compliance with this Subparagraph, the Director may impose conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and which had been established at the time by the Act or local ordinance enacted in compliance with the Act.

b.

Upon making a determination and establishing conditions, the Director shall cause a conditional certificate of compliance to be filed for record with the County Recorder. The certificate shall serve as notice to the property owner who has applied for the certificate in compliance with this Subsection, a grantee of the property owner, or a subsequent transferee or assignee of the property that fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other grant of approval for development of the property.

4.

If the Director is unable to determine from this review that the lot is clearly in compliance, the procedures specified in Government Code Section 66499.35 shall apply.

9105.07.030 - Lot Line Adjustments.

A.

Conditions for Allowing Lot Line Adjustments.

1.

Purpose. This Subsection provides a procedure for the filing, review, and determination of a lot line adjustment which allows for an adjustment of the lot lines between four or fewer existing adjoining lots:

a.

Where the land taken from one lot is added to an adjoining lot, and where a greater number of lots than originally existed are not created;

b.

Where the resulting lots shall be in compliance with applicable building regulations, this Development Code and the General Plan. The City is authorized to condition the approval of a lot line adjustment upon the relocation of certain existing utilities, infrastructure, and/or easements; and

c.

Where a draft deed is submitted with a lot line adjustment application reflecting the proposed lot configuration and legal description.

2.

Lawfully Created Lots.

a.

Any lot created by a tract map or parcel map is a lawfully created lot.

b.

In addition, any lot created before March 4, 1972 with a deed or record of survey shall be conclusively presumed, by the City, to be a lawfully created lot for the purposes of this Division.

3.

Compliance with Government Code Section 66412(d). Lot line adjustments shall be allowed in compliance with Government Code Section 66412(d); provided, all of the following provisions are complied with.

4.

Preparation of the Application. An application for a lot line adjustment shall be prepared by a licensed land surveyor or civil engineer authorized to practice land surveying by the State.

5.

Application Requirements.

a.

An application for a lot line adjustment shall be filed with the Director, shall include the signature(s) of all owner(s) of record of the properties involved, and shall be processed in compliance with Section 9107.03 (Application Processing Procedures).

b.

The application shall include the most up-to-date information and materials specified in the Department handout for lot line adjustment applications, together with the required fee in compliance with the Fee Schedule.

c.

Incomplete applications shall not be accepted.

d.

All completed applications shall be consecutively numbered, shall become part of the permanent official records of the City, and shall contain copies of all notices and actions pertaining to the application.

e.

It is the responsibility of the applicant to provide evidence in support of the findings required by Subparagraph C (Processing of Lot Line Adjustment Application - Findings Required for Approval), below.

6.

Survey May Be Required. The Director may, at the Director's sole discretion, require a survey of the properties involved, if the Director finds the survey necessary in order to provide an adequate description of the subject properties.

B.

Review Authority. The Director shall be the review authority for reviewing and either approving or denying lot line adjustments.

C.

Processing of Lot Line Adjustment Application - Findings Required for Approval.

1.

The Director may approve a lot line adjustment only after first making all of the following findings:

a.

The lot line adjustment would not:

(1)

Create any new lots;

(2)

Include any lots created illegally;

(3)

Involve more than four lots; or

(4)

Involve lots that are not adjoining.

b.

No street or alley dedication or improvements are necessary to properly service the properties involved in the proposed lot line adjustment;

c.

The lots, as proposed by the lot line adjustment, will conform, in all respects, to the minimum provisions of this Division and those of this Development Code;

d.

The lot line adjustment does not create additional lots;

e.

All lien holders, record owners, and trust deed holders consent in writing to the lot line adjustment; and

f.

A title report prepared by a title insurer, with the title report required to be dated no older than within 90 days from the filing date of the lot line adjustment application, is submitted.

2.

Where the Director finds all of the above facts to be present, the Director shall approve the lot line adjustment, and the owner(s) of the lots involved shall cause a map, in a form approved by the Director, to be recorded.

3.

The Director may impose conditions of approval, to be satisfied before the recordation of the lot line adjustment, as the Director finds reasonable and necessary to ensure that the lot line adjustment fully complies with the Act, the Municipal Code, the General Plan, and all applicable building codes.

4.

If the Director finds any of the foregoing facts specified in Subparagraph 1, above, not present, the lot line adjustment shall be denied.

a.

The applicant shall be advised of the Director's action.

b.

In case of denial, the applicant shall have the option of:

(1)

Appealing the decision to the Commission in compliance with Section 9108.07 (Appeals); or

(2)

Filing a parcel or tract map in compliance with this Division.

D.

Documentation.

1.

Notice of the action on an application for a lot line adjustment shall be issued by the Director in writing to the applicant within five working days.

2.

Approval of a lot line adjustment does not transfer title, adjust liens, mortgages or deeds of trust, nor does it adjust assessments.

3.

At the conclusion of processing the lot line adjustment application, the applicant shall submit an amended deed of trust reflecting the revised legal descriptions of the affected lots for any lots encumbered by a deed of trust. The revised legal descriptions of affected lots shall also be reflected in any mortgages and liens.

4.

In compliance with approval of a lot line adjustment, the applicant shall file a certificate of compliance reflecting the adjustments in compliance with Subsection 9105.07.020 (Certificates of Compliance).

5.

Within seven days of the issuance of a notice of the action on an application for a lot line adjustment, notice of the decision shall be forwarded to the Commission and Council.

E.

Appeal.

1.

The applicant or any interested party may appeal an approval, conditional approval, or denial of an application for a lot line adjustment.

2.

Appeals shall be made to the Commission in compliance with Section 9108.07 (Appeals).

a.

The appeal shall be made in writing and delivered to the Department within 10 days following the decision of the Director and shall be accompanied by an appeal fee in compliance with the Fee Schedule.

b.

Upon receipt in proper form of an appeal, the Director shall schedule a public hearing to be held within 30 working days.

c.

Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).

3.

After action on an appeal by the Commission, an appeal may be made to the Council.

a.

The appeal shall be made in writing and delivered to the City Clerk within 10 days following the decision by the Commission and shall be accompanied by an appeal fee in compliance with the Fee Schedule.

b.

The public hearing shall be held within 30 working days following the date the appeal is filed.

c.

Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).

F.

Completion of Lot Line Adjustments. Approval or conditional approval of a lot line adjustment shall not become effective until 10 days after the issuance of the notice of the action on an application for a lot line adjustment, unless the lot line adjustment approval is appealed in compliance with Section 9108.07 (Appeals).

G.

Expiration, Extension, and Alterations.

1.

In the event the approved lot line adjustment is not recorded with the County Recorder's office within 12 months following the effective date of the approval by the Director or an approved lot line adjustment has been altered, the lot line adjustment or lot consolidation, as may be applicable, shall be void and of no further force and effect and shall not be recorded with the County Recorder's office.

2.

If the applicant still wishes to proceed with the lot line adjustment or consolidation, a new application shall first be submitted in compliance with this Subsection.

(Ord. No. 2347, § 4(Exh. B), 6-6-17)

9105.07.040 - Lot Mergers.

A.

Purpose.

1.

This Subsection is provided in compliance with Government Code Division 2, Chapter 3, Article 1.5 (Merger of Parcels) for the purpose of establishing the authority of the City to merge two or more lots or units of land held by the same owner.

2.

Lot mergers may be voluntary mergers initiated by the property owner(s) or mandatory mergers initiated by the City.

3.

Lots may also be merged in compliance with Government Code Section 66499.20.2, or 66499.20.3 pertaining to the reversion to acreage.

B.

Voluntary Merger of Contiguous Lots.

1.

Intent. It is the intent of this Subsection to allow property owners to request a voluntary merger of contiguous lots that are under the same ownership.

2.

Review Authority. The Director shall be the review authority for reviewing and either approving or denying lot mergers.

3.

Process.

a.

The property owner shall file an application for a lot merger.

b.

The merger of the subject lots become effective when the Director causes a notice of merger specifying the names of the record owners and a description of the real property to be filed for record with the County Recorder.

Requirements. A lot may be voluntarily merged with one or more contiguous lots held by the same owner:

a.

If any one of the contiguous lots held by the same owner does not conform to standards for minimum lot size or dimension specified by the applicable zone;

b.

If the property owner wishes to construct a structure across the property line(s) of two or more contiguous lots; or

c.

If at least one of the lots meet one or more of the requirements specified in the Government Code Section 66451.11(b).

C.

Where These Provision Do Not Apply.

1.

This Subsection shall not apply to the sale, lease, or financing of one or more contiguous lots or units of land which have been created under the provisions of City ordinances regulating the division of real

property and Government Code Sections 66410 et seq., applicable at the time of their creation, or to lots or units which were not subject to the provisions at the time of their creation, even though the contiguous lots or units are held by the same owner.

2.

However, if any one of the contiguous lots or units held by the same owner does not conform to standards for minimum lot size to allow use or development in compliance with this Development Code and the standards established by Subsection D (Unmerged Parcels Prior to January 1, 1984), below, then those lots or units shall be merged.

D.

Unmerged Lots Prior to January 1, 1984. Any lots or units which were deemed unmerged, before January 1, 1984, under the Act and which have not been merged subsequently shall be considered separate lots or units for purposes of this Subsection.

E.

Mandatory Merger of Nonconforming Contiguous Lots under Single Ownership.

Contiguous lots or units of land held by the same owner on the date that notice of intention to determine status is filed shall be involuntarily merged if one of the lots or units does not conform to the minimum lot size to allow use or development in compliance with this Development Code, and if all of the following requirements are satisfied in compliance with Government Code Section 66451.11(b):

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(s), or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot or unit.

2.

With respect to any affected lot, one or more of the following conditions exists:

a.

Comprises less than 5,000 square feet in area at the time of the determination of merger;

b.

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c.

Does not meet current standards for sewage disposal and domestic water supply;

d.

Does not meet slope stability standards;

e.

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

f.

Its development would create health or safety hazards; or

g.

Is not consistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.

3.

Subparagraph E. 2, above, shall not apply if any of the conditions specified in Government Code Sections 66451.11(A), (B), (C), (D) or (E) exist.

F.

Proceedings for Notice of Intention to Determine Status.

Whenever the Director has knowledge that real property has merged in compliance with this Subsection, the Director shall deliver, by certified mail, to the current record owner(s) of the property a notice of intention to determine status.

a.

The notice of intention shall state that the affected lots may be merged in compliance with this Subsection; that the owner may request, within 30 days from the date the notice of intention was recorded, a hearing before the Commission to present evidence that the property does not meet the standards for merger; and that the notice of intention was recorded with the County Recorder on the date the notice of intention was mailed to the property owner(s).

b.

Upon receipt of a request for a hearing, the Director shall set the hearing for a date not less than 30 days but not more than 60 days from the date of receipt of the request.

c.

The property owner(s) shall be notified of the hearing by certified mail.

d.

After the hearing, the Commission shall determine whether the affected property has merged in compliance with this Subsection.

e.

A determination of non-merger may be made whether or not the affected property meets the standards for merger specified in Subparagraph E (Mandatory Merger of Nonconforming Contiguous Parcels under Single Ownership), above.

f.

The determination shall be made and notification of the determination shall be mailed to the property owner(s) within five working days following the date of the hearing.

2.

If the lots have merged, the Director shall file a notice of merger with the County Recorder within 30 days following the date of the hearing, unless the determination has been appealed in compliance with Subparagraph 3, below, and Section 9108.07 (Appeals).

a.

The notice of merger shall specify the name(s) of the record owner(s) and shall particularly describe the real property.

b.

If the lots have not merged, the Director shall record a release of the notice of intention within 30 days following the date of the determination, and shall mail a copy of the release to the owner(s).

c.

If no hearing is requested, the determination shall be made not later than 90 days after the mailing of the notice of the opportunity for a hearing.

3.

If the property owner(s) requested a hearing, the determination of the Commission may be appealed to the Council within 10 days following the date of mailing the notice of determination by filing a written appeal with the City Clerk, in compliance with Section 9108.07 (Appeals).

a.

A fee in compliance with the Fee Schedule shall be paid at the time of filing the appeal.

b.

Upon receipt of an appeal and payment of the fee, the City Clerk shall place the matter on the Council agenda not less than 30, but not more than 60, days following the date the appeal was filed.

c.

If, after a hearing, the Council grants the appeal, the City Clerk shall, within 30 days, record a release of the notice of intention with the County Recorder.

d.

If the appeal is denied, the City Clerk shall, within 30 days, record a notice of merger with the County Recorder.

e.

A copy of either the release or the notice of merger shall be sent to the property owner(s).

G.

Unmerger.

1.

Deemed Unmerged. Any lot or unit of land which merged in compliance with the provisions of any law before January 1, 1984, but for which a notice of merger was not recorded on or before that date are deemed unmerged, if on January 1, 1984, all of the criteria established by Government Code Section 66451.30(a) are met, and if none of the conditions specified in Government Code Section 66451.30(b) exist.

2.

Filing of a Certificate of Compliance. Upon request of a property owner, the Director shall file a certificate of compliance whenever the Director determines that a lot is unmerged in compliance with this Subparagraph.

H.

Request for Determination of Lot Merger.

1.

Director's Determination of Merged or Unmerged.

a.

A property owner may request that the Director determine whether property has merged in compliance with Subparagraph E (Mandatory Merger of Nonconforming Contiguous Lots under Single Ownership), above, or is deemed unmerged in compliance with Subparagraph G (Unmerger), above. The property owner's request shall be in the form of an application for a Certificate of Compliance.

b.

A request for determination (Certificate of Compliance) shall be made in writing and shall be accompanied by a fee in compliance with the Fee Schedule.

2.

Determination of Merged. Upon determination that property has merged, the Director shall issue to the property owner(s) and record with the County Recorder a notice of merger.

3.

Determination of Unmerged. Upon determination that property is deemed unmerged, the Director shall issue to the property owner(s) and record with the County Recorder a certificate of compliance showing each lot as a separate lot.

9105.07.050 - Reversions to Acreage.

A.

Purpose and Filing Provisions.

1.

The purpose of this Subsection is to provide a procedure for the merger of separate lots into one lot, in compliance with Government Code Section 66499.20.2.

2.

A reversion to acreage shall be initiated, processed, reviewed, and approved or denied in compliance with Government Code Chapter 6, Article 1.

An application for reversion submitted by a property owner(s) shall include all information required by the Director, and shall include the fee required by the Fee Schedule.

4.

A parcel map may be filed to revert to acreage land previously subdivided that consists of four or less contiguous lots, in compliance with Government Code Section 66499.20.1.

B.

Review Authority. The Council shall be the review authority for reviewing and either approving or denying reversions to acreage requests.

C.

Processing Procedures and Public Hearing Required.

1.

The Commission shall hold a public hearing on all petitions for, and Council initiations of, reversions to acreage.

2.

The notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).

3.

The Commission shall render its decision in the form of a written recommendation to the Council.

4.

The recommendation shall include the reasons for the recommendation and shall be transmitted to the Council.

5.

Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing.

6.

The notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section 9108.13 (Public Notices and Hearings).

7.

The Council may approve a reversion to acreage only if it first makes all of the findings required by Subparagraph D (Required Findings), below.

D.

Required Findings. The review authority shall approve a reversion to acreage only after first making all of the following findings, as required by Government Code Sections 66499.16:

1.

Dedications or offers of dedication to be abandoned or vacated by the reversion to acreage are unnecessary for present or prospective public purposes; and

2.

Either:

a.

All owners of an interest in the real property within the subdivision have consented to the reversion;

b.

None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or

c.

No lots shown on the final or parcel map have been sold within five years from the date the map was filed for record.

E.

Recordation Procedures.

1.

After the hearings before the Commission and the Council and approval of the reversion to acreage, the final or parcel map, as applicable, shall be delivered to the City Engineer.

2.

The reversion to acreage shall be effective upon the final or parcel map being filed for recordation by the County Recorder.

3.

Upon filing, all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force or effect.

F.

Effect of Reversion. The filing of a final or parcel map, as applicable, to complete a reversion to acreage shall also constitute the merger of the separate lots into one lot, in compliance with Government Code Section 66499.20.2.

The procedures and requirements related to appeals and public hearings in Division 8 (Development Code Administration) shall apply to the decision on any application filed in compliance with this Section.

Section 9105.09 - Subdivision Design and Improvements