Salinas Municipal Code § 31-1103 Merger of substandard lots

This section establishes a review process for lot line adjustments in accordance with Section 66412(d) of the Subdivision Map Act. A lot line adjustment is a minor boundary adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, with no more parcels being created than originally existed. Properties included in one lot line adjustment may not be part of another lot line adjustment if five or more parcels would be affected.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

An application for a lot line adjustment shall be initiated by submitting an application to the city planner in accordance with Article 3 by all affected property owners and shall include, but not limited to, the following additional information, in conformance to the lot line consolidation checklist:

(a) A plat map showing the existing and proposed lot lines, the location of any existing structures, easements, prominent trees, access to public streets, any adjoining property owned by any of the property owners, and any other data as required by the city planner.

(b) A preliminary title report, showing all parties with a legal or equitable interest and all easements, covenants, and other encumbrances and interests in the affected property at the time of filing the lot line adjustment.

(c) Traverse calculations.

(d) Legal description of the proposed lot lines adjustment.

(e) A description of any prior development activity on the site as removal of vegetation, grading, etc. which may affect the proposed adjustment.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

With the concurrence of the city engineer, the city planner shall have the authority to approve, conditionally approve, or disapprove an application for a lot line adjustment without public notice or hearing.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city planner shall approve or conditionally approve a lot line adjustment if, on the basis of the complete application, all of the following findings can be made:

(a) The parcels resulting from the lot line adjustment are consistent with the general plan and any applicable specific plan, and the regulations of the zoning and building codes;

(b) The lot line adjustment shall not impair existing easements or shall facilitate the relocation of existing easements, utilities, or infrastructure serving adjacent lots, parcels, or public lands and streets;

(c) The lot line adjustment shall not impair existing access or create a need for access to adjacent lots or parcels;

(d) The lot line adjustment shall not require alteration of existing improvements or buildings, create a need for any building improvements, or otherwise create noncompliance with the Uniform Building Codes;

(e) The lot line adjustment shall not adjust or remove the boundary between parcels for which an improvement agreement has been recorded and all required improvements have not been completed, unless the city planner determines that the proposed adjustment or removal will not significantly affect the improvement agreement.

The city planner may only attach conditions of approval or require exactions in order to:

(a) Conform with the provisions of the general plan and any applicable specific plan, and the regulations of the zoning and building codes;

(b) Require pre-payment of real property taxes prior to approval of the lot line adjustment; or

(c) Facilitate relocation of existing utilities, infrastructure, or easements.

No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. However, the allowable error of closure on any portion of the legal description for the lot line adjustment shall not exceed one ten-thousandth for field closures and one twenty-thousandth for calculated closures.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Upon a determination by the city planner that the proposed lot line adjustment meets all the requirements for approval or conditional approval, the city planner shall execute a certificate of compliance as provided for in Article 13 of this chapter. Approved lot line adjustments must be reflected in a recorded deed, and, if required, deeds of trust and other encumbrances shall be amended to reflect the new lot lines. The certificate of compliance shall be filed by the city planner for recordation with the county recorder's office.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

This section establishes a review process for lot consolidations as authorized by Section 66499.20.3 of the Subdivision Map Act. A lot consolidation is the merging of two or more contiguous parcels of land under the same ownership into one parcel pursuant to an application by the property owner.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

An application for a lot consolidation shall be initiated by submitting an application to the city planner in accordance with Article 3. Such an application shall be processed for approval or disapproval in accordance with the procedures set forth in this chapter and shall include the following additional information:

(a) A plot map showing the existing lot lines proposed to be merged, the location of any existing structures, easements, prominent trees, access to public streets, any adjoining property owned by any of the property owners, and any other data as required by the city planner.

(b) A preliminary title report, showing all parties with a legal or equitable interest and all easements, covenants, and other encumbrances and interests in the affected property at the time of filing the lot line adjustment.

(c) A land survey if required by city engineer. The allowable error of closure on any portion of the legal description for the lot consolidation shall not exceed one ten-thousandth for field closures and one twenty-thousandth for calculated closures.

(d) All required fees.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

With the concurrence of the city engineer, the city planner shall have the authority to approve, conditionally approve, or disapprove an application for a lot consolidation without public notice or hearing.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The city planner shall approve or conditionally approve a lot consolidation if, on the basis of the complete application, all of the following findings can be made:

(a) The lot consolidation is consistent with the general plan and any applicable specific plan, and the regulations of the zoning and building codes;

(b) The lots to be consolidated are under common ownership;

(c) The lot consolidation shall not impair existing easements or shall facilitate the relocation of existing easements, utilities, or infrastructure serving adjacent lots, parcels, or public lands and streets;

(d) The lot consolidation shall not impair existing access or create a need for access to adjacent lots or parcels;

(e) The lot consolidation shall not adjust or remove the boundary between parcels for which an improvement agreement has been recorded and all required improvements have not been completed, unless the city planner determines that the proposed lot consolidation will not significantly affect the improvement agreement.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Upon a determination by the city planner that the proposed lot consolidation meets all the requirements for approval or conditional approval, the city planner shall execute a certificate of compliance as provided for in Article 13 of this chapter. The certificate of compliance shall be filed by the city planner for recordation with the county recorder's office. Alternatively, at the applicant's option, the applicant may cause to be recorded with the county recorder's office a parcel map evidencing the consolidation.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

A reversion to acreage is the filing of a map for the purpose of abandoning a recorded subdivision which was created by either a final map or parcel map. As opposed to lot line adjustments and lot consolidations, reversions to acreage involve the abandonment of dedications and offers of dedication shown on the original final map or parcel map unless the city imposes certain conditions upon the reversion to acreage. Applications for reversion to acreage shall conform to Sections 66499.11 through 66499.20.1 of the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

This section is intended to provide for the city-initiated merger of contiguous lots which do not meet minimum requirements for development under city regulations pursuant to Sections 66499.20.2 and 66499.20.3 of the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Two or more contiguous parcels, lots, or units of land held by the same property owner shall be considered to be merged if:

(a) At least one of the contiguous parcels or units of land does not conform to the standards for minimum parcel size under the zoning code; and

(b) At least one of the contiguous parcels or units of land is 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 is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit; and

(c) At least one or more of the following conditions exists with respect to any one of the contiguous parcels or units of land:

(1) The parcel comprises less than five thousand square feet in area; or

(2) The parcel was not created in compliance with the zoning code in effect at the time of its creation; or

(3) The parcel does not meet current standards for sewage disposal and domestic water supply; or

(4) The parcel does not meet slope stability standards; or

(5) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability; or

(6) The parcel's development would create health or safety hazards; or

(7) The creation of the parcel is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

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

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

(a) Whenever the city planner or city engineer has knowledge that real property has merged pursuant to this chapter, a notice of intent to determine status shall be mailed, by certified mail, to the current property owner of record, and a copy of the notice of intention shall be recorded with the county recorder. The preparation, content and deadline dates for response cited in this notice shall follow the procedures set forth in Sections 66451.13 through 66451.14 of the Subdivision Map Act.

(b) At any time within thirty days following the recording of the notice of intention to determine status, the property owner of record may file with the city a request for a public hearing on the determination of the status. Upon receipt of this request, the city shall schedule a date and time for a public hearing with the city council. The city council shall follow the provisions included in Sections 66451.10 et seq. of the Subdivision Map Act.

(c) If, after reviewing supporting evidence, the city council determines that real property is merged based on the provisions of this section, the city engineer shall issue to the property owner and record with the county recorder, a notice of merger specifying the names of the record owners and particularly describing the real property.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)