§ 17.44

This chapter establishes requirements for special-purpose procedures related to subdivisions, including lot line adjustments, lot mergers, certificates of compliance, conditional certificates of compliance, condominiums and condominium conversions.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

In compliance with Map Act Section 66412(d), the lot line adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjoining parcel and where no more parcels are created than originally existed. A lot line adjustment shall be processed in compliance with Sections 17.44.110 through 17.44.130.

B.

Lots combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

A lot line adjustment application shall be prepared, filed and processed in compliance with this section.

A.

Application Content. A lot line adjustment application shall include all information and other materials prepared as required by the lot line adjustment preparation and contents instruction list, provided by the department.

B.

Processing.

1.

Lot line adjustment applications shall be submitted to the department and shall be processed according to the procedures specified by Chapter 17.60.

2.

The director shall schedule the lot line adjustment for review by the development review committee. The committee shall review the proposed adjustment for compliance with the provisions of this chapter, and will recommend that the director approve or disapprove the proposed adjustment in compliance with Section 17.44.120.

(Ord. No. 2010-265, § 3, 1-27-2010)

The director may approve, conditionally approve or deny the lot line adjustment as set forth in this section. Decisions made by the director may be appealed to the commission as set forth in Chapter 17.74.

A.

The director shall hold a public hearing in compliance with Chapter 17.78 (Public Hearings) for lot line adjustments involving land area of more than five acres in size or parcels with an average slope of twenty (20) percent or more.

B.

Required Findings. The director shall deny a proposed lot line adjustment if it finds any of the following:

1.

The lot line adjustment does not maintain a position with respect to General Plan or specific plan consistency, parcel design, minimum lot area, environmental quality, and other standards as specified in this development code and other applicable Municipal Code and state law provisions relating to real property divisions, which is equal to or better than the position of the existing lots before adjustment;

2.

The adjustment will have the effect of creating a greater number of parcels than are buildable in compliance with applicable provisions of this development code than exist before adjustment;

3.

Any parcel resulting from the adjustment will conflict with any applicable regulations of this development code; or

4.

The adjustment will result in an increase in the number of nonconforming parcels.

An adjustment for which any of the above findings are made may instead be resubmitted as a subdivision in compliance with Section 17.40.020.

C.

Conditions of Approval. In approving a lot line adjustment, the director shall adopt conditions as necessary to conform to the requirements of this development code or to facilitate the relocation of existing utilities, infrastructure or easements.

(Ord. No. 2010-265, § 3, 1-27-2010)

Within twenty-four (24) months after approval of a lot line adjustment, the adjustment process shall be completed as set forth in this section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied.

A.

Completion by Deed. A lot line adjustment shall not be considered legally completed until either a grant deed or a quit claim deed signed by the record owners has been recorded. The applicant shall submit deeds to the city engineer for review and approval as set forth in subsection C. of this section before recordation of the grant deed or quit claim deed. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in California.

B.

Completion by Record of Survey. If required by Section 8762 et seq. of the Business and Professions Code, a lot line adjustment shall not be considered legally completed until a record of survey has been checked by the city engineer and sent to the county recorder for recordation. Where not required, a lot line adjustment may also be completed by record of survey in compliance with this subsection at the option of the applicant.

C.

Review and Approval by City Engineer. The city engineer shall:

Examine the deeds to ensure that all record title owners have consented to the adjustment;

2.

Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the development review committee;

3.

If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

4.

After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.

D.

Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within twenty-four (24) months of approval.

(Ord. No. 2010-265, § 3, 1-27-2010)

In compliance with Government Code Section 66451.10 et seq. this section provides a procedure for owner-initiated merger of contiguous parcels in common ownership. The procedure set forth in this section shall not apply when an entire subdivision is being reverted to acreage. This procedure cannot modify or eliminate improvements required as a condition of a subdivision approval. Any voluntary merger that does not satisfy all the requirements of this section can be processed by a reversion to acreage or other appropriate procedure as determined by the city engineer.

A.

Requirements for Merger. The requirements of a voluntary merger pursuant to this section shall be limited to the following:

1.

The parcels to be merged shall be existing legal lots that are contiguous to one another and are under common ownership.

2.

Except as hereinafter provided, a parcel map shall be required and shall be recorded on approval of the merger. The director, in his or her sole discretion, shall have the authority to allow the recording of a "Certificate of Lot Merger," in a form acceptable to him or her, in lieu of a parcel map.

3.

No building permit shall be issued for any addition to, rebuild or repair of any building or structure that crosses a property line until a lot merger (or lot line adjustment, if applicable) has been completed. Projects limited to interior remodeling, including electrical, plumbing or mechanical work, or combinations thereof, shall be exempt from this requirement. In addition, required ancillary improvements (new or existing) serving the building or structure, including septic systems and required parking facilities, must be entirely on the same lot as the structure for such building permit to be issued.

B.

Merger Application and Processing. A lot merger application shall be prepared, filed and processed in compliance with this section.

Application. The applicant shall submit a completed application form prescribed by the department, the required processing fee as determined by resolution of the council, a tentative map, and any other information deemed necessary by the city engineer in order to process the application.

2.

Processing.

a.

Lot merger applications shall be submitted to the department and shall be processed according to the procedures specified by Chapter 17.60.

b.

The director shall schedule the lot merger for review by the development review committee. The committee shall review the proposed merger for compliance with the provisions of this chapter, and will recommend that the director approve or disapprove the proposed merger in compliance with Section 17.44.145.

(Ord. No. 2010-265, § 3, 1-27-2010)

The director may approve, conditionally approve or deny the lot merger as set forth in this section. Decisions made by the director may be appealed to the commission as set forth in Chapter 17.74.

A.

Required Findings.

1.

The lot merger is consistent with the Subdivision Map Act provisions.

2.

The lots to be merged at the time of merger are under common ownership.

3.

The lots as merged will not be deprived of legal access as a result of the merger and access to the adjoining lots will not be restricted by the merger.

4.

Lot mergers may only be approved provided that dedications or offers of dedication to be vacated or abandoned by the merger are unnecessary for present or future public use.

5.

Lot mergers may only be approved provided that dedications or offers of dedication which are necessary for present or future public use are reserved in the merger.

B.

Conditions of Approval. In approving a lot merger, the director shall adopt conditions as necessary to conform to the requirements of this development code or to facilitate the relocation of existing utilities, infrastructure or easements.

C.

Duration of Approval. Approval of a merger shall be valid for a period of two years from the date approval is given. During this period any and all conditions of approval shall be fulfilled and the deed and parcel map shall be recorded. Such period may be extended by approval of the director for up to an additional one year. Requests for an extension of time shall be accompanied by a fee in an amount prescribed by the council.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.44.200 - Certificates of compliance.

A.

Certificate of compliance applications are filed to establish a legal record where the city officially recognizes an existing parcel that was not created by approved subdivision map as a legal lot. A conditional certificate of compliance (Section 17.44.210), is used to validate a parcel where the property was not divided legally. Section 66499.35 of the Map Act makes approval of certificates mandatory. Any person owning real property, or a vendee of that person in compliance with a contract of sale of the property, may request a certificate of compliance. The preparation, filing and processing of certificate applications shall occur as set forth in this section.

B.

Application. A certificate of compliance application shall include the form provided by the department, the required filing fee, and a chain of title, consisting of copies of all deeds beginning prior to the division and thereafter, unless the parcels were created through a recorded subdivision map.

C.

Review and Approval. The department shall review all available information and make a determination whether the real property was divided in accordance with the Map Act, this development code, and other applicable provisions of this Code. Upon making the determination, the department shall cause a certificate of compliance to be filed with the county recorder. In the event that the department determines that the real property does not comply with the provisions of the Map Act or this development code, the application shall instead be processed as a conditional certificate of compliance (Section 17.44.210).

D.

Form of Certificate. The certificate of compliance shall identify the real property and shall state that the division complies with the provisions of the Map Act and this development code.

E.

Effective Date of Certificate. A certificate of compliance shall not become final until the document has been recorded by the county recorder.

(Ord. No. 2010-265, § 3, 1-27-2010)

A conditional certificate of compliance is used to validate a parcel that was not legally divided. If the current owners are the original dividers, conditions may be based on current standards. The preparation, filing and processing of a conditional certificate of compliance application shall occur as set forth in this section.

A.

Application. An application for a conditional certificate of compliance shall be prepared and include the same materials as a certificate of compliance (Section 17.44.200).

B.

Review and Approval. The processing, review and approval of the application shall occur as set forth in this section.

1.

Staff Report for the Development Review Committee. The department shall prepare a staff report that:

a.

Describes the history of the land division;

b.

Determines whether the property was legally divided, as set forth in Section 17.44.200(B);

c.

References provisions of state law and city (or earlier county) ordinances applicable to the subdivision at the time the division in question occurred; and

d.

Recommends Appropriate Conditions of Approval.

2.

Review by Development Review Committee. The director shall schedule the conditional certificate of compliance for review by the development review committee. Upon making a determination that the real property does not comply with the provisions of the Map Act or this development code, the director, upon recommendation of the development review committee, shall grant a conditional certificate of compliance, imposing conditions in compliance with subsection C of this section.

C.

Conditions of Approval. If the owners of the property for which a certificate is requested are the original subdividers, the director may impose any conditions that would be applicable to a current subdivision, in compliance with the Map Act and this development code, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the director may only impose conditions that would have been applicable at the time the property was illegally divided.

D.

Appeal. The conditions imposed by the director may be appealed to the commission as set forth in Chapter 17.74.

E.

Completion of Process. Following expiration of the ten-day appeal period after the director has made his or her determination and imposed conditions, the department shall file a conditional certificate of compliance with the county recorder. The certificate shall identify the property, and serve as notice to the property owner or vendee who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property.

F.

Effective Date of Certificate. A conditional certificate of compliance shall not become effective until the document has been recorded by the county recorder.

(Ord. No. 2010-265, § 3, 1-27-2010)

A tentative map for a condominium or other common interest development (including a community apartment project, planned development or stock cooperative, in compliance with California Civil Code Section 1351), shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner in compliance with Chapter 17.41 for tentative maps. Chapter 17.42 determines whether a parcel or final map must also be filed.

(Ord. No. 2010-265, § 3, 1-27-2010)

A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code. City policies on condominium conversion are in the Housing Improvement Program of the General Plan. A conversion shall require the approval of a tentative map, and parcel or final map, except where a parcel map, or tentative and final map are waived in compliance with Map Act Sections 66428(b) or 66428.1, for the conversion of a mobilehome park. If a parcel map is waived, a tentative map shall still be required.

A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 17.41 with the following exceptions.

A.

Application Contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, which shall also include the following information and materials.

1.

Tentative Map. The tentative map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how division will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units.

2.

Public notice materials: stamped, Number ten envelopes addressed to each tenant of the property being converted.

3.

Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10.

4.

Relocation assistance program: a program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing, in compliance with the General Plan.

5.

Vacancy rate assessment: an assessment of the vacancy rate in multifamily housing within the city.

6.

Mobilehome Park Conversion Impact Report. If the development being converted to a condominium is a mobilehome park, the application shall also include the report required by Map Act 66427.4.

B.

Staff Report. The staff report on the tentative map for the condominium conversion (Section 17.60.070) shall be provided to the subdivider and each tenant of the subject property at least ten (10) days before any hearing or action on the tentative map by the review authority.

C.

Public Notice. The following notice shall be provided in addition to that required by Chapter 17.78:

1.

Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the department satisfactory proof that the notice was given; and

2.

Public Hearing Notice. Notice of the public hearing(s) on the tentative map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.

D.

Approval of Conversion—Required Findings.

1.

Time Limit—Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within one hundred twenty (120) days of the application being found complete in compliance with Section 17.60.050. The one hundred twenty (120) day time limit may be extended by mutual consent of the subdivider and the city.

2.

Conversion Findings—Residential Projects. Approval of a tentative or final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.

3.

Limitation on Conversions. In compliance with the General Plan, no condominium conversion shall be approved while the vacancy rate within the city for multifamily housing is less than four percent.

4.

Completion of Conversion. The filing, approval and recordation of a parcel map or final map in compliance with Chapter 17.42 shall be required to complete the subdivision process, except where a parcel map, or tentative and final map are waived for the conversion of a mobilehome park in compliance with Map Act Section 66428(b).

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.46 - Subdivision Design and Improvement

17.46.010 - Purpose and applicability of chapter.

A.

Purpose. This chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new parcels that are compatible with existing neighborhoods, the natural environment, the health and safety of city residents, and are consistent with the General Plan and any applicable specific plan.

B.

Applicability of Design and Improvement Standards. The requirements of this chapter apply to subdivisions, and conditional certificates of compliance, in addition to all applicable requirements of this development code, as follows:

1.

Design Standards. The standards in Sections 17.46.020 through 17.46.120 of this chapter apply to the design of all proposed subdivisions, in addition to all applicable requirements of the city engineer, the Calabasas Public Works policies and related design standards and, where applicable, the performance standards for hillside development in Section 17.20.150.

2.

Subdivision Improvement Standards—Conditions of Approval. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the review authority in compliance with Section 17.41.100 shall be described in conditions of approval adopted for each approved tentative map (Section 17.41.110). The design, construction or installation of all subdivision improvements shall comply with the requirements of the city engineer.

3.

Conflicting Provisions. In the event of conflicts between the provisions of this chapter and other provisions of this development code, or other provisions of the Municipal Code, the most restrictive provisions shall control.

C.

Extent of Improvements Required. As required by Article 1, Chapter 1 of the Map Act, improvements required for

subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created.

D.

Oversizing of Improvements. At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number or length for the benefit of property not within the subdivision, and may be required to be dedicated to the city, as provided by Article 6, Chapter 3 of the Map Act.

E.

Exceptions. Exceptions to the provisions of this chapter may be requested and considered in compliance with Section 17.40.040.

(Ord. No. 2010-265, § 3, 1-27-2010)