Chapter 22 — VOLUNTARY MERGERS

The intent of this Chapter is to provide for the owner-initiated merger of contiguous parcels under common ownership without reversion to acreage, pursuant to Section 66499.20 of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Voluntary Mergers may be initiated by the owner of record of the subject parcels or by the authorized agent of the owner of record. The application shall include such documents and information as required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

The review procedure for voluntary mergers shall be Staff Review as provided in Chapter 3 of Division 2. A Voluntary Merger may be approved if it is found that all of the properties involved in the merger are in common ownership.

(Ord. 2024-18, § 1(Exh. A), 2024)

Mergers approved under the provisions of this Chapter shall be subject only to those conditions which insure that the proposal meets the minimum area and width requirements of the regulating zone. All mergers shall be recorded with an instrument evidencing the merger.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 23. - REVERSION TO ACREAGE

The intent of this Chapter is to specify the procedures under which subdivided property may be reverted to acreage.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Reversion to Acreage may be initiated by petition of all of the owners of record of the subject parcels or by the owners' of record authorized agent, or by the City Council in a resolution initiating such proceedings. The application shall include a tentative map, evidence of title to the real property, and such other information as may be required by the review authority. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2303 - Review Procedures.

A Reversion to Acreage Application shall be reviewed using the Public Hearing Review Procedure as specified in Chapter 5 of Division 2, with modifications as provided in this Section.

(a)

Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application.

(1)

If the Planning Commission recommends approval, the application shall be reviewed by the City Council.

(2)

If the Planning Commission denies the Reversion to Acreage Application, the action is final, unless appealed to the City Council.

(b)

City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission's denial was appealed.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Board may approve a Reversion to Acreage Application only if it finds that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes, based upon the policies and designations in the General Plan, and either:

(a)

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

(b)

Lack of Improvements. None of the improvements required to be made have been made within two (2) 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

(c)

Lack of Lot Sales. No lots shown on the final or parcel map have been sold within five (5) years from the date such map was filed for record.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2305 - Conditions.

The Board shall require as conditions of the reversion:

(a)

Dedications. Dedications or offer to dedicate streets or easements; and

(b)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

Except as provided in Section 9-8-2305, upon filing of the final map for Reversion of Acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

Reversion shall be effective upon the filing of the final map 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 and shall be shown as such on the assessment roll.

(Ord. 2024-18, § 1(Exh. A), 2024)

If there are four (4) or fewer parcels under the same ownership to be reverted to acreage, the recording of a parcel map shall constitute a legal reversion to acreage of the land, abandonment of all streets and easements not shown on the parcel map, and a merger of the separate parcels into one (1) parcel, and these shall be shown as such on the assessment roll.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 24. - LOT LINE ADJUSTMENTS

It is the intent of this Chapter to provide for a method of reviewing applications for lot line adjustments.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application for a Lot Line Adjustment shall include a site plan and may be accepted only if the following apply:

(a)

Number of Lots. The Lot Line Adjustment is between four (4) or fewer existing adjoining parcels and the application approval will not result in more lots than currently exist. Successive Lot Line Adjustments of adjoining parcels under the same ownership are prohibited. This limitation on Lot Line Adjustments does not apply to Lot Line Adjustments between different landowners who are adjusting common boundaries;

(b)

Encroachment. The application approval will not result in an encroachment into, but not limited to, any public easement, right-of-way, required yard, or required areas for wells, septic tanks, or leach fields;

(c)

Frontage. Parcels that have frontage on a County, city, or state maintained roadway must continue to have such frontage after the adjustment, unless the Review Authority determines that the use of a private rightof-way, in accordance with Section 9-11-514, would create a better use of land that is consistent with this Title;

(d)

Public Services. Public Services as addressed by Division 11 of this Title are provided to all parcels reduced to less than 2 acres;

(e)

Zoning Minimum. All parcels shall conform to the zone minimum of the parcel area before and after adjustment, or at least not increase the number of existing, nonconforming parcels. Nonconforming parcels shall not be transferred from one zone classification to another zone classification;

(f)

Nonbuildable Parcels. The lot line adjustment shall not result in any new nonbuildable parcels;

(g)

Yards and Lot Widths. Adjusted parcels shall meet all minimum yard and lot width requirements, or at least not increase the degree of nonconformity;

(h)

Other Requirements. Building code requirements and all other requirements of the General Plan and zone in which the subject properties are located are met; and

(i)

Fee. A fee, as specified by resolution of the City Council, shall be required.

Applications for lot line adjustments must meet all of the above criteria. Applications not meeting all of the above criteria shall be processed as either a Major Subdivision or a Minor Subdivision Application,

depending on the number of parcels being adjusted.

(Ord. 2024-18, § 1(Exh. A), 2024)

The review procedure for a Lot Line Adjustment Application shall be the Staff Review Procedure as specified in Chapter 3 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Lot line adjustments approved under the provisions of this Chapter shall be reviewed only for conformity with General Plan, zoning and building regulations of the City. Only those conditions or exactions that are necessary to conform to said General Plan, zoning and building regulations; or to require the prepayment of real property taxes prior to the approval of the lot line adjustment; or to facilitate the relocation of existing utilities, infrastructure, or easements; may be imposed by the review authority. Approved lot line adjustments shall require the recording of a Notice of Lot Line Adjustment or a Record of Survey, if required by the Business and Professions Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 25. - CERTIFICATES OF COMPLIANCE

9-8-2501 - Intent.

The intent of this Chapter is to provide a method of reviewing requests to determine the compliance of property with the provisions of the Subdivision Map Act and this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

An Application for a Certificate of Compliance may be made by any person owning real property subject to the provisions of this Division or a vendee of such person pursuant to a contract of sale of such property. Applications for Certificates of Compliance shall include a site plan and any other maps or documents required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

The review procedure for a Certificate of Compliance shall be Staff Review as set forth in Chapter 3 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2504 - Determinations and Requirements for Issuance.

The Review Authority shall review the application for a Certificate of Compliance and shall make one of the following determinations based on that review:

(a)

Issuance. If the parcel is found to comply with all provisions of the Subdivision Map Act and the City, a Certificate of Compliance shall be issued pursuant to Section 66499.35(a) of the Government Code; or

(b)

Conditional Issuance. If the parcel does not comply with regulations in effect at the time of its creation or does not comply with current regulations, the parcel shall be found not to comply with state and County regulations and a Conditional Certificate of Compliance which states the conditions required to bring the parcel into compliance shall be issued, pursuant to Section 66499.35(b) of the Government Code. Only conditions that would have been applicable at the time the applicant acquired his or her interest in the property may be imposed. Conditions may not exceed the requirements at the time the parcel was created. However, if an applicant was the owner of record at the time of the initial violation of the Subdivision Map Act or of local ordinances enacted pursuant to the Act, conditions may be imposed which are applicable to a current division of property. Fulfillment of all conditions shall be required prior to subsequent issuance of any permit or grant of approval for development of the property.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2505 - Documents Constituting Certificates of Compliance.

A recorded final map or parcel map shall constitute a Certificate of Compliance declaring all parcels described therein to be in compliance with state and County regulations.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2506 - Real Property Approved for Development.

A Certificate of Compliance shall be issued for any "real property which has been approved for development," as defined in Government Code Section 66499.34, upon request by the owner(s) of the real property or vendees of such owner(s) pursuant to a contract of sale of the property.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-8-2507 - Development of Parcels.

The granting of a Certificate of Compliance does not constitute a guarantee that the property may be built upon or developed.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 26. - REVISIONS OF APPROVED ACTIONS

9-8-2601 - Intent.

The intent of this Chapter is to provide a method for allowing amendments to recorded maps as provided for in Section 66472.1 of the Government Code and to conditions of approved applications.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Revisions of Approved Actions may be initiated by the property owner or by the property owner's authorized agent. The application shall include such documents and other information required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Revisions of Approved Actions shall be reviewed by the Review Authority which imposed the condition to be considered for amendment. However, for requests to amend a parcel map or final map, the Review Authority shall be the Planning Commission. Applications shall be reviewed and acted upon using the review procedure specified below with modifications to said procedure as noted:

(a)

Minor Subdivision Applications. For amendments to conditions of a Tentative Map or a Vesting Tentative Map of an approved Minor Subdivision Application, the review procedure shall be the Staff Review With Notice Procedure, as specified in Chapter 4 of Division 2.

(b)

Major Subdivision Applications. For amendments to conditions of a Tentative Map or a Vesting Tentative Map of an approved Major Subdivision Application, the review procedure shall be the Public Hearing Review Procedure, as specified in Chapter 5 of Division 2.

(c)

Other Discretionary Applications. For amendments to conditions of all other approved discretionary applications, the review procedure shall be the Staff Review With Notice Procedure.

(d)

Parcel Maps or Final Maps. For amendments to a parcel map or a final map, the review procedure shall be the Public Hearing Review Procedure. The Review Authority shall confine its review to consideration of and action on the proposed amendment.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for Revisions of Approved Actions, the Review Authority shall make the following findings:

(a)

Major or Minor Subdivisions. For amendments to conditions of a tentative map or a vesting tentative map of an approved Major or Minor Subdivision application, the Review Authority shall find the following are true:

(1)

There are changes in circumstances which make any or all of the conditions of the tentative map or the vesting tentative map no longer appropriate or necessary; and

(2)

The conditions of the tentative map or the vesting tentative map shall conform to the findings of Chapter 19 of Division 8, if a major subdivision, or to the findings of Chapter 20 of Division 8, if a minor subdivision.

(b)

Other Discretionary Applications. For amendments to conditions of all other approved discretionary applications, the Review Authority shall find that all the findings required for the discretionary application under consideration are true.

(c)

Parcel Maps or Final Maps. For amendments to a parcel map or a final map, the Review Authority shall find that all of the following are true:

(1)

There are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary;

(2)

The amendments do not impose any additional burden on the present fee owner of the property; and

(3)

The amendments do not alter any right, title, or interest in the real property reflected on the recorded map.

(Ord. 2024-18, § 1(Exh. A), 2024)

This chapter shall not be applicable to amendments to the face of a Tentative Map or a Vesting Tentative Map of an approved Major or Minor Subdivision Application. For such changes, a new Major or Minor Subdivision Application shall be filed.

(Ord. 2024-18, § 1(Exh. A), 2024)