Chapter 17.56 — ADDITIONAL SUBDIVISION PROCEDURES

This chapter provides procedures lot line adjustments, voluntary parcel mergers, and certificates of compliance.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose. This section provides procedures for the preparation, filing, processing, and approval or denial of lot line adjustment applications, consistent with the policies of the general plan and the requirements of Map Act Section 66412(d).

B.

Applicability.

As provided by Map Act Section 66412(d), the lot line adjustment procedure is for the purpose of relocating lot lines between four or fewer 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. For the purposes of this article, an "adjoining parcel" is one that directly touches at least one of the other parcels involved in the adjustment.

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

C.

Application and Processing. A lot line adjustment application shall be prepared, filed and processed as follows:

Application Content. A lot line adjustment application shall include all information and other materials required by the department, and the filing fee required by the city's fee resolution.

Processing. Lot line adjustment applications shall be submitted to the community development department and shall be processed in compliance with the procedures specified by Chapter 17.38 (Application Filing and Processing) of this development code. An environmental review shall not be required, in compliance with the CEQA Guidelines.

Referral of Application. The department shall distribute copies of the adjustment application to the public works department and other departments and agencies as is deemed advisable by the community development director. Each of these entities shall submit to the department a written report indicating its findings and recommendations.

D.

Approval or Denial of Lot Line Adjustment. The community development director shall determine whether the parcels resulting from the adjustment will comply with the applicable provisions of this article. The community development director may approve, conditionally approve, or deny the lot line adjustment in compliance with this section. The community development director may also refer the matter to the commission for review and decision.

Findings Requiring Denial. A proposed lot line adjustment shall be denied if the department finds any of the following:

a.

The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;

b.

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

c.

The adjustment or any resulting parcel will conflict with the general plan.

Conditions of Approval. In approving a lot line adjustment, the department shall adopt conditions or exactions only as necessary to conform the adjustment and proposed parcels to the requirements of the general plan, this development code and Chapter 15 (Buildings and Construction) of the municipal code, to reduce the prepayment of rear property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements.

E.

Completion of Lot Line Adjustment.

Upon receiving approval of a lot line adjustment, the applicant shall submit for review new legal descriptions prepared, stamped and signed by a registered civil engineer, qualified to practice land surveying per Section 8731 of the Land Surveyors Act, or a licensed land surveyor, along with those items and information which may have been required by the public works department or other city departments and agencies. The legal descriptions shall be approved by the public works director or other designee of the public works department.

Grant deeds containing the approved legal descriptions shall be prepared by the applicant's engineer or land surveyor and recorded with the county recorder along with the certificate of lot line adjustment issued by the community development director.

Copies of the recorded grant deeds shall be provided by the applicant. When parcels involved are under separate owners, a combining agreement may be required.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Merger Not Required. Two or more contiguous parcels or units of land that have been subdivided under the provisions of this article or the Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under this article shall be required for the purpose of sale, lease or financing, except as provided by this article.

B.

Processing of Requested Merger. Upon request of the legal owner of contiguous parcels, the City may approve the merger of the property in compliance with Map Act Section 66499.20 3/4.

Application Requirements. A request for merger shall include all information and materials required by the department, and the filing fee required by the city's fee resolution. Notwithstanding other provisions of this article, a tentative map or parcel map shall not be required for merger, unless required by the community development director.

Processing. Merger applications shall be submitted to the department and shall be processed in compliance with Chapter 17.38 (Application Filing and Processing).

Referral of Application. The community development department shall distribute copies of the merger application to the public works department and other departments and agencies as is deemed advisable by the community development director. Each of these entities shall submit to the community development department a written report indicating its findings and recommendations.

Review and Decision. The community development director shall have the authority to approve, approve with conditions, or deny proposed parcel mergers, provided that the community development director may refer any proposed merger to the commission for review and decision.

Completion of Merger. Upon receiving approval of a lot merger, the applicant shall submit for review new legal descriptions prepared, stamped and signed by a registered civil engineer, qualified to practice land surveying per Section 8731 of the Land Surveyors Act, or a licensed land surveyor, along with any other information and materials required by the public works department or other city departments and agencies. The legal descriptions shall be approved by the public works director or other designee of the public works department. Grant deeds containing the approved legal descriptions shall be prepared by the applicant's engineer or land surveyor and recorded with the county recorder along with a certificate of lot merger issued by the community development director. Copies of the recorded grant deeds shall be provided by the applicant.

(Ord. No. 1869, § 2, 2-20-2013)

A.

Purpose. This section provides procedures for the filing, processing, and approval or denial of certificates of compliance and conditional certificates of Compliance, consistent with the Map Act.

B.

Applicability. A certificate of compliance is a recorded document acknowledging that the city considers the subject parcel to be a legal lot of record. A conditional certificate of compliance is used instead of a certificate of compliance to validate a parcel that was not legally subdivided. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a certificate of compliance.

C.

Application Contents. 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 before the division and thereafter, unless the parcels were created through a recorded subdivision map.

D.

Review and Approval.

Public Works Director review. The public works director shall review all available information and make a determination whether the real property was divided in accordance with the Map Act, this article, and other applicable provisions of the municipal code. Upon making the determination, the public works director shall cause a certificate of compliance to be filed with the county recorder. In the event that the public works director determines that the real property does not comply with the provisions of this article or the Map Act, the application shall instead be processed as a conditional certificate of compliance (subsection E).

Form of Certificate. The certificate of compliance shall identify the real property, shall state that the division complies with the provisions of the Map Act and this article, and shall include all information required by Map Act Section 66499.35.

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

E.

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

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

Review and Approval. Upon making a determination that the real property does not comply with the provisions of this article or the Map Act, the public works director shall grant a conditional certificate of compliance, imposing conditions as provided by subsection (E)(3) (Conditions of Approval).

Conditions of Approval. If the owners of the property for which a certificate is requested are the original subdividers, the public works director may impose any conditions that would be applicable to a current subdivision, as provided by the Map Act and this article, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the public works director may only impose conditions that would have been applicable at the time the property was acquired by the current owners.

Appeal. A decision to issue a conditional certificate of compliance and/or the conditions imposed by the public works director may be appealed to the commission in compliance with Chapter 17.70 (Appeals) of this title.

Completion of Process. Following expiration of the ten-day appeal period after the determination and imposition of conditions by the public works director, the public works director 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 purchaser 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.

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. 1869, § 2, 2-20-2013)