Article VI — Merger, Unmerger, Reversion to Acreage

This section implements the procedures and prescribes the standards authorized by Government Code Sections 66451.10 et seq. pertaining to the merger and unmerger of parcels of land.

(Ord. No. 449, § 1, 7-21-2009)

A parcel of land may be merged with a contiguous parcel held by the same owner if all of the following requirements are satisfied:

A.

The affected parcels are held by the same owner as of the date of the notice of intention to determine status is recorded pursuant to Government Code Section 66451.13;

B.

One of the affected parcels does not conform to standards for minimum parcel size under applicable zoning; and

C.

One of the affected parcels is (a) undeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, or (b) developed only with an accessory structure(s), or (c) developed with a single structure (other than an accessory structure) that is also partially sited on the contiguous parcel with which it is proposed to be merged (i.e., straddles a lot line).

(Ord. No. 449, § 1, 7-21-2009)

A.

In addition to the requirements of subsection (b) above, in order for affected parcels to be merged, one or more of the following conditions must exist as to an affected parcel:

Comprises less than five thousand square feet in area at the time of the merger is determined;

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

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

Does not meet slope stability standards in that soils investigation indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects;

Does not have legal access which is adequate for vehicular and safety equipment access and maneuverability to satisfy the requirements relating to the design and specifications for minor streets or private roads, as the case may be, and does not have the approval of the local fire district as meeting its standards for access and maneuverability for fire equipment;

Does not have sufficient dimensions to allow development that conforms to applicable ordinance development standards;

If developed, would create health or safety hazards, which could include one or more of the following:

a.

Construction is likely to adversely affect the stability of adjoining property, or result in debris on a roadway open to the public, or interfere with an existing drainage course, or is in an area determined to be subject to geological hazard;

b.

Surface waters occurring on the affected parcel or flowing onto or through it cannot be conveyed without damage to an improvement, building or dwelling, to a natural water-course having a definable bed and banks, or to an existing adequate storm drainage facility;

c.

The site available for development does not provide an appropriate buildable site consistent with the site's constraints in relation to one or more of the following: the slope, soil characteristics, seismic factors, existing and future residential development in the area of the site, the general plan and the applicable specific plan and zoning ordinance;

d.

Development of the site is likely to cause environmental damage or substantially and avoidably injure wildlife or their habitat;

e.

The type of improvements proposed for the site will conflict with easements acquired by the public at large for access through a use of the site;

f.

Is inconsistent with the general plan or applicable specific plan, other than minimum lot size or density standards. It is not necessary, however, that the same condition exist with respect to each affected parcel.

B.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded pursuant to this section.

C.

Subsection A. of this section shall not apply if any of the conditions stated in Government Code Section 66451.11(b)(A), (B), (C) or (D) exist.

(Ord. No. 449, § 1, 7-21-2009)

A.

Notice of intention to determine status of affected parcels. The city planner, or other person designated by the city manager, shall mail a notice of intention to determine the status of the affected parcels by certified mail to the then current owners of record. The notice shall advise the owner that the affected parcels may be merged under the standards specified in this chapter and advise the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the affected parcels do not meet the criteria for merger.

B.

Recordation of notice of intention. The city planner, or other person designated by the city manager, shall file the notice of intention to determine status for record with the recorder of the county on the date that the notice is mailed to the property owner.

C.

Hearing. If the owner presents to the city planner, or other person designated by the city manager, a request for a hearing on determination of status within thirty days after recordation of the notice of intention to determine status, the city planner, or other person designated by the city manager, shall fix the time, date

and place for a hearing to be conducted by the planning commission. The city planner, or other person designated by the city manager, shall notify the owner by certified mail of the hearing. The planning commission shall conduct a hearing not less than thirty days after the city has received the property owner's request for a hearing. The hearing date may be postponed or continued with the mutual consent of the planning commission and the owner.

D.

Determination of status following hearing. At the hearing, the owner may present evidence that the affected parcels do not meet the standards for merger specified in this section. At the conclusion of the hearing, the planning commission shall determine whether the affected parcels are to be merged or are not to be merged, and shall notify the owner of its determination.

E.

Recordation of notice of merger. The city shall cause a notice of merger specifying the names of the record owners and particularly describing the real property to be recorded within thirty days after conclusion of the hearing.

F.

Determination of merger where no hearing requested. If, within the thirty-day period after recordation of the notice of intention to determine status, the owner of the affected parcel does not file a request for a hearing, the city engineer may make a determination that the affected parcels are to be merged or are not to be merged. A notice of merger shall be recorded not later than ninety days after the date when the department mailed the notice of intention to determine status.

G.

Determination not to merge. If the planning commission or city engineer determines that the affected parcels are not to be merged pursuant to this section, the city shall have recorded a release of the notice of intention to determine status and shall mail a clearance letter to the then current property owner of record. If a property owner initiates or consents in writing to a lot merger, the city engineer may cause the merger of the affected lots without referring the proposed merger to the planning commission for a public hearing.

(Ord. No. 449, § 1, 7-21-2009)

A.

An owner may apply to the city for a determination that affected parcels be deemed not to have been merged under Government Code Section 66451.30. Any parcel which has merged under the provisions of any law prior to January 1, 1984, and for which a notice of merger had not yet been recorded on or before that date, shall be unmerged if on that date, the parcel meets all of the following criteria:

Contains at least five thousand square feet in area;

Was created in compliance with applicable laws and ordinances in effect at time of its creation;

Meets currents standards for sewage disposal and domestic water supply;

Meets slope density standards;

Has legal access which is adequate for vehicular safety equipment access and maneuverability;

Its unmerger and development would create no health or safety hazards; and

The unmerged parcel would be consistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

B.

With respect to the parcel, none of the conditions stated in Government Code Section 66451.30(b)(1), (2), (3), or (4) exist.

C.

Upon a determination that the parcels meet the standards in Government Code Section 66451.30, the city shall issue to the owner of record with the county recorder a notice of the status of parcels and a declaration that the parcels are unmerged.

(Ord. No. 449, § 1, 7-21-2009)

A.

Upon written application made by the owner to the city planner, or other person designated by the city manager, the city engineer shall make a determination that the affected parcels have merged or are to be merged. If the city engineer determines that the parcels have not merged, the owner shall be so notified by the city planner, or other person designated by the city manager.

B.

If the city engineer determines that the parcels have merged and that they meet the requirements for unmerger in Section 17-65, a notice of status, as approved by the city engineer, shall be issued to the

owner and recorded with the county recorder by the city planner, or other person designated by the city manager, which shall identify each parcel and declare that they are unmerged pursuant to this chapter.

C.

If the city engineer determines that the parcels have merged and do not meet the unmerger requirements in Section 17-65, a notice of merger specifying the record owner and description of the parcel shall be issued to the owner and recorded with the county recorder's office by the city planner, or other person designated by the city manager.

(Ord. No. 449, § 1, 7-21-2009)

The decision of the city engineer made under this chapter may be appealed to the planning commission in the manner provided for the appeal of a decision of the planning commission as set forth in Section 17-75 of this chapter.

(Ord. No. 449, § 1, 7-21-2009)

The owner shall pay a fee for processing an owner-initiated merger or unmerger as set by city council resolution.

(Ord. No. 449, § 1, 7-21-2009)

Subdivided property may be reverted to acreage pursuant to the provisions of this section.

A.

Initiation of Proceedings by Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the city engineer. The petition shall contain the information required by subsection C. below and such other information as required by the city engineer.

B.

Initiation of Proceedings by City Council. The city council, at the request of any person or on its own motion, may by resolution initiate proceedings to revert property to acreage. The city council shall direct the city engineer to obtain the necessary information to initiate and conduct the proceedings.

C.

Data for reversion to acreage. Petitioners for a reversion to acreage shall file the following:

Evidence of title to the real property; and

Evidence of the consent of all of the owners of an interest(s) in the property; or

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

Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record; or

A tentative map in the form prescribed by Article II of this title; or

A final map in the form prescribed by Article IV of this chapter which delineates dedications which will not be vacated and dedications required as a condition to reversion.

D.

Proceedings Before the City Council.

A public hearing shall be held before the city council on all petitions for, and city council initiations for, reversions to acreage. Notice of the public hearing shall be given as provided in Government Code Section 66451.3. The city engineer shall also mail a written notice to all property owners as shown on the latest equalized assessment rolls or persons in possession, if different, within a radius of three hundred feet of the proposed project within the time limits as specified in Government Code Section 66451.3.

The city council may approve a reversion to acreage only if it finds and records in writing that:

a.

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

b.

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

c.

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 later; or

d.

No lots shown on the final or parcel map were filed for record.

E.

Conditions of Approval. The city council may require as a condition of the reversion:

The dedication or offer of dedication of streets or easements;

The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this title.

F.

Release of Securities. Except as provided in subsection E. above, upon filing of the final map for reversion of acreage with the county recorder, all improvement securities shall be released by the city council.

G.

Delivery of Final Map. After the hearing before the city council and approval the reversion, the final map shall be delivered to the county recorder.

H.

Effect of Filing Reversion Map with the County Recorder. Reversion shall be effective upon the final map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.

(Ord. No. 449, § 1, 7-21-2009)