§ 19.76

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

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 Section.

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 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 can not 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 parcel(s) on final or parcel maps.

B.

Application. An application for the approval of a certificate of compliance or conditional certificate of compliance shall be filed with the Director and include the information required by the Director, together with the processing fee specified by the planning fee schedule.

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 parcel is clearly in compliance with the provisions of this Article 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 parcel is in compliance with the provisions of this Article 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.

4.

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

19.76.030 - Lot line adjustments.

A.

Conditions for allowing lot line adjustments.

1.

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.

2.

Four or fewer parcels. A lot line adjustment is between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater or lesser number of parcels than originally existed are not created.

3.

Who shall prepare 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.

4.

Application requirements.

a.

An application for a lot line adjustment shall be filed and processed in compliance with Chapter 19.112 (Application Processing Procedures).

b.

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

c.

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

5.

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.

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

b.

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

c.

A greater or lesser number of parcels than originally existed are not created;

d.

The new lot line(s) is located in a manner so as not to substantially alter the size and shape of the existing parcels, with "substantially alter" defined to be not reducing the parcel size by more than 10 percent;

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 of 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 thereafter, the owner(s) of the parcels involved shall cause a map, in a form approved by the Director, to be recorded.

3.

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 Chapter 19.144 (Appeals); or

(2)

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

19.76.040 - Parcel mergers.

A.

Purpose.

1.

This Section 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 parcels or units of land held by the same owner.

2.

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

3.

Parcels may also be merged in compliance with Government Code Sections 66499.20½, or 66499.20¾ pertaining to the reversion to acreage.

B.

Voluntary merger of contiguous parcels.

1.

Description and purpose. It is the purpose of this Subsection to allow property owners to request a voluntary merger of contiguous parcels that are under the same ownership.

2.

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

3.

Process.

a.

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

b.

The merger of the subject parcels 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.

4.

Requirements. A parcel may be voluntarily merged with one or more contiguous parcels held by the same owner: if any one of the contiguous parcels held by the same owner does not conform to standards for minimum parcel size or dimension specified by the applicable zone; if the property owner wishes to construct a structure across the property line(s) of two or more contiguous parcels; or, if at least one of the parcels 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 parcels 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 parcels or units which were not subject to the provisions at the time of their creation, even though the contiguous parcels or units are held by the same owner.

2.

However, if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel 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 parcels or units shall be merged.

D.

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

E.

Mandatory merger of nonconforming contiguous parcels under single ownership. Contiguous parcels 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 parcels or units does not conform to the minimum parcel 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 parcels 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 parcel or unit.

2.

With respect to any affected parcel, 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.

g.

Is not consistent with the applicable General Plan and any applicable specific plan, other than minimum parcel 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.

1.

Whenever the Director has knowledge that real property has merged in compliance with this Section, the Director shall mail, 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 parcels 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 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 Section.

e.

A determination of non-merger may be made whether or not the affected property meets the standards for merger specified in Subsection E., 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 parcels 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 Chapter 19.144 (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 parcels 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 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 Chapter 19.144 (Appeals).

a.

A fee in compliance with the Planning 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 parcel 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 an owner, the Director shall file a certificate of compliance whenever the Director determines that a parcel is unmerged in compliance with this Subsection.

H.

Request for determination of 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 Subsection E. (Mandatory Merger of Nonconforming Contiguous Parcels under Single Ownership), above, or is deemed unmerged in compliance with Subsection G. (Unmerger), above.

b.

A request for determination shall be made in writing and shall be accompanied by a fee in compliance with the Planning Fee Schedule.

2.

Determination of merged. Upon determination that property has merged, the Director shall issue to the 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 owner(s) and record with the County Recorder a certificate of compliance showing each parcel as a separate parcel.

19.76.050 - Reversions to acreage.

A.

Filing provisions.

1.

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

2.

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 Planning Fee Schedule.

A parcel map may be filed to revert to acreage land previously subdivided that consists of four or less contiguous parcels, in compliance with Government Code Section 66499.20¼.

B.

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

C.

Procedures.

1.

Public hearing required.

a.

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

b.

The notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

c.

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

d.

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

e.

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

f.

The notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 19.146 (Public Notices and Hearings).

g.

The Council may approve a reversion to acreage only if it first makes all of the findings required by Subsection C. (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 parcels 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 hearing 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 parcels into one parcel, in compliance with Government Code Section 66499.20½.

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

Chapter 19.78 - SUBDIVISION DESIGN AND IMPROVEMENT REQUIREMENTS

Sections: