§ 130.64

Divided real property may be reverted to acreage pursuant to the provisions of this title and the Subdivision Map Act. Reversion to acreage proceedings may be initiated by the city council on its own motion, or by petition of all owners of record of real property that is proposed to be reverted to acreage.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.64.020. - Procedures for filing.

To revert divided lands to acreage, a tentative map shall be filed as follows:

(1)

A tract or parcel map number shall be obtained from the county surveyor upon payment of the fee;

(2)

25 copies of the tentative map shall be filed with the community development director, accompanied by the fee. The fee shall be paid by the owners filing the tentative map, or, if the reversion to acreage is initiated by the city council upon request of the owners of the property, the fee shall be paid by the persons making the request to the city council;

(3)

The tentative map prepared in the form required by chapter 130.12 shall show all relevant details of the land division proposed to be reverted, its relationship to existing streets, dedications, and adjoining lands, and configurations of the proposed reversion;

(4)

Proof of ownership of the real property proposed to be reverted to acreage shall be submitted with the tentative map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.64.030. - Review of tentative map.

The tentative map shall be distributed by the community development director to all interested and affected agencies and utilities. Thereafter, the tentative map shall be considered by the appropriate land development committee, which committee shall report and recommend to the advisory agency having jurisdiction over the area.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.64.040. - Consideration by advisory agency.

The advisory agency shall consider the report and recommendation of the land development committee on the tentative map, and shall forward a report and recommendation to the city council for approval, conditional approval or disapproval of the proposed reversion to acreage. A copy of the advisory agency report and recommendations shall be mailed to the applicant or the authorized agent.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.64.050. - Consideration by city council.

(a)

After receipt of the report and recommendations of the advisory agency, the city council shall set the matter for public hearing. Notice of the time and place of the public hearing before the city council, including a general description of the location of the property proposed to be reverted to acreage, shall be given at least ten days before the public hearing by publication once in a newspaper of general circulation that is published and circulated in the city.

(b)

Divided real property may be reverted to acreage only if the city council finds that:

(1)

Dedications or offers of dedication which have not been accepted by the city and which are to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(2)

Any of this following:

a.

All owners of an interest in the real property within the land division 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 land division 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 land division map have been sold within five years from the date such map was filed for record.

(c)

The following shall be required as conditions to approval of a reversion:

(1)

Dedications necessary for a logical street pattern for access to any lands not proposed for reversion or as may be necessary for drainage or utilities;

(2)

Retention of all previously paid fees;

(3)

Retention of any necessary improvement security or deposit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.64.060. - Final map procedures.

After the approval of the tentative map, the applicant may cause a final map or parcel map to be prepared in accordance with the applicable provisions of chapter 130.16, and shall pay the fees.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.64.070. - Merging of contiguous parcels.

(a)

Notwithstanding the preceding sections, four or fewer contiguous parcels under common ownership may be merged without reverting to acreage, provided that the merger is approved by the community development director and an instrument evidencing such merger is recorded with the county recorder.

(b)

Applications to merge contiguous parcels shall be made to the community development director on forms provided by the planning department, and shall be accompanied by the fee, and the following:

(1)

An exhibit, drawn to scale, delineating the existing parcel boundaries and the location of existing structures and easements;

(2)

Copies of grant deeds for the existing parcels;

(3)

An exhibit, drawn to scale, delineating the boundaries of the parcel after the merger;

(4)

A legal description of the new parcel as merged;

(5)

Preliminary title report;

(6)

Written consent of all owners of record interest.

(c)

The community development director shall transmit a completed application to the county surveyor for review and recommendation and shall grant approval of the request for merger if:

(1)

The parcels to be merged are, at the time of merger, under common ownership and written consent has been obtained from all record owners;

(2)

The parcel as merged will be consistent with the zoning of the property;

(3)

The parcel as merged will not conflict with the location of any existing structures on the property;

(4)

The parcel as merged will not be deprived access as a result of the merger;

(5)

Access to the adjoining parcels will not be restricted by the merger;

(6)

No new lot lines are created through the merger;

(7)

The existing right-of-way shall not be altered. Any alteration shall be accomplished through a separate vacation process.

(d)

The community development director shall submit to the county recorder for recordation the new legal description and exhibit within 20 days after it has been approved by the community development director.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

CHAPTER 130.68. - LOT LINE ADJUSTMENTS

Sec. 130.68.010. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Lot line adjustment means a modification of a boundary line between two or more adjacent legal parcels where the modification complies with the following criteria:

(1)

No new parcels are created, and no existing parcels are deleted;

(2)

No parcel is reduced below the minimum lot area required by the zoning designation set forth in title 120 and the comprehensive general plan of the city;

(3)

The proposed adjustment is exempt from the Subdivision Map Act, and no tentative map, final map or parcel map, shall be required as a condition to the approval of a lot line adjustment;

(4)

Public rights-of-way are not altered in any way unless approved by the director of transportation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.68.020. - Filing requirements.

Applications for lot line adjustment as defined in section 130.04.060(b) shall be made to the community development director on forms provided by the planning department. The applications shall be accompanied by the fee.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.68.030. - Procedure.

(a)

Upon receipt of a completed application, the planning department shall transmit the material to the following agencies: transportation department, county surveyor, health, fire, building and safety, and assessor departments and flood control district. The applicant and his representative shall be notified of any concerns set forth by the reviewing agencies which may delay approval of the applications.

(b)

The community development director shall limit his review and approval to a determination of whether or not the parcels resulting from the adjustment will conform to state law and city ordinances, and shall not impose conditions or exactions on the approval except to conform to city ordinances, or to facilitate the relocation of existing utilities, infrastructure, easements or improvements.

(c)

When special circumstances applicable to a parcel of property, including but not limited to topographic constraints, parcel orientation, access restrictions, methods of circulation, existing improvements and/or urbanization of the property under a requested permit, the community development director may, upon sufficient documentation and justification, approve a lot line adjustment as long as the proposed adjustment is not in conflict with state law, city ordinances and requirements set by other city departments or agencies.

(d)

Within 30 days of the lot line adjustment application being accepted as complete, the community development director shall conditionally approve, disapprove or notify the applicant and his representative that the request does not meet the requirements of a lot line adjustment. Applications for lot line adjustment shall not be considered final until the exhibits and new legal descriptions, or amended deed, reflecting the adjustment have been recorded.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.68.040. - Recordation.

Upon approval of the lot line adjustment, the community development director, within six months or as agreed to by the community development director and applicant not to exceed one year, shall receive proof of the recordation of the deed or record of survey and the notice of lot line adjustment with the county recorder. The notice shall contain the following:

"This document is being recorded pursuant to Lot Line Adjustment No. _____, approved by the planning department on ________."

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.68.050. - Record of survey.

A record of survey shall be required pursuant to Business and Professions Code § 8762 if monuments are set at the new lot lines, unless the boundary is monumented as part of a land division with a recorded map.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.72. - ENFORCEMENT AND PENALTIES

Sec. 130.72.010. - Denial of permits.

No building permit, grading permit or any other permit or approval necessary to develop real property shall be granted or issued for any parcel of real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this title that were applicable at the time such division occurred, unless the community development director, as hereinafter provided, finds that development of such real property is not contrary to the public health, welfare or safety. A permit or approval shall be denied whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of acquisition of the real property. Whenever a permit or approval is sought to develop such real property, the department from which the permit is sought shall notify the applicant that the permit cannot be granted because of the illegal division of land, and shall advise the person that he may file an application with the community development director for a determination as to whether the development of the property would not be contrary to public health or safety and for the possible issuance of a certificate of compliance.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.72.020. - Certificate of compliance.

(a)

Classifications.

(1)

Certificates of compliance. A certificate of compliance is issued when the real property is in compliance with the Subdivision Map Act and this title.

(2)

Conditional certificate of compliance. A conditional certificate of compliance is issued when the community development director determines that the property was divided in violation of the Subdivision Map Act or this chapter.

(3)

Certificate of compliance and waiver of parcel map. A certificate of compliance is required on all tentative parcel maps which have the parcel map waived. Since there is no parcel map to record, a certificate is necessary to record a legal description of the property which has been divided.

(b)

Application procedure. The following procedures shall apply to applications for approval of a certificate of compliance:

(1)

Application. Any owner of real property, including owners denied a permit, may file an application for a certificate of compliance. A separate application shall be made to the community development director, accompanied by the fees for each parcel to be certified. No certificate of compliance application proposing the certification of multiple lots will be accepted unless submitted in conjunction with a waived final parcel map. Each completed application shall be accompanied by the following:

a.

A map shall be submitted, drawn on a form provided by the planning department. The map shall be legibly drawn, in ink, to an engineer's scale, with the scale shown on the map. It shall show the subject property with dimensions and the gross and net area, and it shall show the locations, width and names of all streets and roads adjacent to and providing access to the property.

b.

The map shall show the location and use of all structures on the property, with the distances from the structures to the parcel boundaries and distances between structures, and all existing utilities and easements.

c.

A small scale vicinity map shall be shown with distances (in feet or tenths of a mile) to the nearest street intersection.

d.

The map shall show the name, address, telephone number of the current owner of the property, and the name, address and telephone number of the person preparing the map, if different from the owner.

e.

The map shall show the current zoning on the property and the current assessor's parcel number.

f.

The application shall also include:

1.

A legible copy of the current owner's grant deed or contract of sale;

2.

A map and copies of deeds of all other property owned by the applicant that is contiguous to the subject real property;

3.

Documentation of recorded access to the subject property unless abutting a public street;

4.

A legal description for the subject property to be typed on plain white paper, 8½ inches by 11 inches in size, with one-inch margins at the top, sides and bottom. This legal description shall be reproducible so as to yield a legible copy that can be used as a part of a recorded certificate of compliance;

5.

A lot book report that shows transaction of the subject property for the previous four years.

(2)

Processing and issuance.

a.

Certificate of compliance.

1.

Upon receipt of a completed application, the community development director shall review the matter and within 50 days after receipt of the completed application make a final determination as to whether or not

the real property complies with the applicable provisions of the Subdivision Map Act and this title, or whether the proposed development of the real property can be approved as not contrary to the public health, welfare and safety.

2.

If the community development director determines that the real property was divided in compliance with the provisions of the Subdivision Map Act and this title that were applicable at the time the property was divided, he shall cause a certificate of compliance to be filed for record with the county recorder.

b.

Conditional certificate of compliance.

1.

If upon receipt of a completed application the community development director determines that the property was divided in violation of the Subdivision Map Act or this title, but that a proposed development may be approved as being not contrary to the public health, welfare or safety, a certificate of compliance may be issued by the community development director contingent upon the completion of specified conditions.

2.

The community development director shall submit the applications to the land development committee at one of its regular meetings for its report, recommendations and to establish appropriate conditions.

3.

The community development director may impose such conditions as would have been applicable to the division of the property at the time that the current owner of record acquired the property, except that where the applicant was the owner of record at the time of the initial violation who by a grant of the real property created parcels in violation, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation, then the community development director may impose such conditions as would be applicable to a current division of the property or the requirement of filing on a tentative parcel or tract map.

(i)

When the community development director imposes conditions, he shall file for record with the county recorder a conditional certificate of compliance.

(ii)

The conditions may be fulfilled and implemented by the owner who has applied for the certificate of compliance or any subsequent owner.

(iii)

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for the development or use of the property is issued by the city or any other subsequent jurisdiction, unless the property is thereafter included as a part of a legal division of said real property pursuant to the provisions of this title.

(iv)

Upon completion of the conditions, the owner shall notify the community development director. If the conditions are satisfactorily completed, the community development director shall then issue and record a final certificate of compliance.

4.

Certificate of compliance and waiver of parcel map.

(i)

A certificate of compliance is required on all tentative parcel maps which have the parcel map waived.

(ii)

The community development director shall distribute the final copy of the certificate of compliance and waiver of parcel map to the department of building and safety and county recorder's office upon payment of the fee.

(iii)

Appeal to planning commission. The decision of the community development director regarding a certificate of compliance may be appealed to the planning commission within ten calendar days after the date of the decision by the community development director. Upon receipt of a completed appeal, the community development director shall set the matter for hearing before the planning commission, not less than ten days nor more than 60 days thereafter, and shall give written notice of the hearing, by mail, to the appellant. The planning commission shall render its decision within 30 days following the close of the hearing on the appeal and a copy thereof shall be mailed to the appellant.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 130.72.030. - Notice of violation.

Whenever the community development director has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this title, he shall cause to be filed for record with the county recorder notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence. Upon recording a notice of intention to record a notice of violation, the community development director shall mail a copy of such notice by certified mail to the owner of such property. The notice shall specify a time, date, and the place at which the owner may present evidence to the advisory agency why such notice should not be recorded. If, after the owner has presented evidence, it is determined that there has been no violation, the community development director shall file a release of the notice of intention to record a notice of violation with the county recorder. If, after the owner has

presented evidence, the advisory agency determines that the property has, in fact, been illegally divided, or within 60 days of receipt by the owner of the involved real property of a copy of the notice of intention to record a notice of violation, the owner of the real property fails to inform the advisory agency as to why the involved real property has not been illegally divided, the advisory agency shall record the notice of violation with the county recorder. The notice of intention, to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 23-22, § 1, 2-8-2023)