Chapter 87.04 — ADDITIONAL SUBDIVISION PROCEDURES

This Chapter establishes requirements consistent with the Map Act for Certificates of Compliance, Condominiums and Condominium Conversions, Lot Line Adjustments, Official Maps, Parcel Mergers, and Reversion to Acreage. (Ord. 4011, passed - -2007)

(a) General Provisions.

• (1) The County shall process and approve or disapprove applications for Certificates of Compliance as provided by Map Act §§ 66499.34 and 66499.35, and as outlined by this Section.

• (2) Filing Criteria.

• (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 of 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 County Surveyor 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 County Surveyor, a Certificate of Compliance may be required for the remainder parcels on Parcel or Final 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 County Fee Ordinance.

(c) Review by Director. The Director shall review the completed application using the Staff Review without Notice procedures in the light of public records and applicable law. If the Director is able to determine from this review that the parcel is clearly in compliance with the provisions of this Division and the Map Act, a Certificate of Compliance shall be issued for the parcel and delivered to the County Recorder for recordation. If the Director is unable to determine from this review that the parcel is clearly in compliance, the procedures identified in Map Act § 66499.35 shall apply.

(Ord. 4011, passed - -2007)

Condominiums and condominium conversions shall comply with the following requirements in addition to the standards identified in Chapter 84.16 (Multi-Family Residential Design Standards).

(a) Condominiums. When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner in compliance with Chapter 87.02 (Tentative Map Filing and Processing). Chapter 87.03 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed.

(b) Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by Civil Code § 1351.

(1) Approvals Required. A conversion shall require the approval of a Tentative Map, and Parcel or Final Map, except where a Parcel Map, or Tentative and Final Map are waived in compliance with Map Act § 66428(b) or § 66428.1 for the conversion of a mobile home park (See § 87.04.080 [Resident Initiated Mobile Home Park Conversion], below). If a Parcel or Final Map is waived, a Tentative Map shall still be required. A Record of Survey shall be filed for a field survey required in Map Act § 66428.1 in compliance with Business and Professions Code § 8765(c).

(2) Application Filing and Processing. A Tentative Map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports, and shall be processed, approved or disapproved in the same manner as identified in Chapter 87.02 (Tentative Map Filing and Processing), except as otherwise provided by the following provisions of this Section.

(3) Application Contents. Condominium conversion applications shall include the same information and materials as Tentative Map applications, except for conversions of residential projects, which shall also include the following information and materials.

(A) Tentative Map. The Tentative Map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units by the County Surveyor.

(B) Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act § 66452.10.

(C) Relocation Assistance Program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing.

(D) Vacancy Rate Assessment. An assessment of the vacancy rate in multi-family housing within the County. (4) Evaluation. The evaluation on the Tentative Map for the condominium conversion (§ 87.04.030) shall be provided to the subdivider and each tenant of the subject property at least three days before any action by the Director or any hearing on the Tentative Map by the Commission or Board.

(5) Public Notice. The following notice shall be provided in addition to that required by Chapter 86.07 (Public Hearings) if the project is to be heard by the Commission or Board:

(A) Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as identified in Map Act §§ 66452.8 and 66452.9, and shall provide the Department satisfactory proof that the notice was given; and

(B) Public Hearing Notice. Notice of the public hearing(s) on the Tentative Map shall be provided to all tenants of the subject property, as required by Map Act § 66451.3.

(6) Approval of Conversion, Required Findings.

(A) Time Limit, Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with § 87.02.030 (Tentative Map Filing, Initial Processing). The 120-day time limit may be extended by mutual consent of the subdivider and the County.

(B) Conversion Findings, Residential Projects. Approval of a Tentative or Final Map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project, or stock cooperative shall not be granted unless the review authority first finds all of the following to be true:

(I) All of the findings identified in Map Act § 66427.1 and § 87.02.060 (a)(2) (Tentative Map Approval or Disapproval -- Additional specific findings), above;

(II) The conversion will not result in a major displacement of existing tenants unable to find comparable housing, and the location of the conversion and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare; and

(III) The proposed conversion complies with all of the applicable standards identified in Chapter 84.16 (Multi-Family Residential Design Standards).

(7) Completion of Subdivision Process. The filing, approval, and recordation of a Parcel or Final Map in compliance with Chapter 87.03 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a Parcel Map, or Tentative and Final Map are waived for the conversion of a mobile home park in compliance with Map Act § 66428.1 (See § 87.04.080 [Resident Initiated Mobile Home Park Conversion], below). Where the maps have been waived, a Certificate of Compliance shall be recorded to complete the conversion action. (Ord. 4011, passed - -2007)

A Lot Line Adjustment is permissible in compliance with Map Act § 66412(d), and the following.

(a) Application.

(1) 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 number of parcels than originally existed are not created.

(2) An application for a Lot Line Adjustment shall be filed with the Director and shall include the information required by the Department, together with the processing fee specified by the County Fee Ordinance. No Tentative, Parcel, or Final Map shall be required for a Lot Line Adjustment. Survey monuments and a field survey may be required to facilitate the preparation of the legal description to ensure the accuracy of the description or the elimination of the encroachments.

(b) Lot Line Adjustment Procedures.

(1) Approval. After consultation with the County Surveyor, the Director shall approve a Lot Line Adjustment; provided that all criteria identified in Map Act § 66412(d) are met to the Director’s satisfaction.

(2) Findings. The Director shall make all of the following findings before approval of a Lot Line Adjustment:

(A) The proposed Lot Line Adjustment is consistent with the General Plan, this Development Code, and any applicable community or specific plan; and

(B) The proposed Lot Line Adjustment will not adversely affect public health and safety.

(3) Post-Approval Actions. The Director shall submit a Certificate of Compliance or a conditional Certificate of Compliance, along with new Grant Deeds and appropriate Trust Deeds which describe the new boundaries of the parcels to the County Recorder for recordation.

(Ord. 4011, passed - -2007)

• (a) Purpose. The purpose of this Section is to provide procedures for Official Maps.

• (b) Applicability. Official Maps shall be required as described in Government Code § 66499.52.

(c) Procedures. Official Maps shall be reviewed and processed using the procedures outlined in Chapter 87.02 (Tentative Map Filing and Processing) of this Division, the procedures pertaining to the processing and approval of Parcel Maps or Final Maps in Chapter 87.03 (Parcel Maps and Final Maps), and the provisions of Map Act Division 3. (Ord. 4011, passed - -2007)

Parcel Mergers may be mandatory mergers initiated by the County or voluntary mergers initiated by the property owner.

• (a) Procedures for Mandatory Merger of Contiguous Parcels. Two or more parcels may be merged as follows.

• (1) Process. When the County initiates a merger of substandard lots, noticing shall be done in compliance with the procedures outlined in Map Act Chapter 3, Article 1.5.

(2) Requirements. A mandatory merger of substandard lots may be initiated by the County. A lot may be merged with a contiguous lot held by the same owner. If any one of the contiguous lots or units held by the same owner does not conform to the standards for minimum lot size or dimension specified by the applicable land use district the following requirements shall be satisfied:

(A) At least one of the affected lots 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 or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot involved in the proposed merger; and

• (B) At least one of the affected lots must have one or more of the following conditions:

• (I) The lot comprises less than 5,000 square feet in area at the time of the determination of merger;

(II) The lot was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

• (III) The lot does not meet current standards for sewage disposal and/or domestic water supply;

• (IV) The lot does not meet slope stability and/or density standards, as specified by this Code, Specific Plan or the General Plan;

• (V) The lot has no legal access which is adequate for vehicular and emergency equipment access and maneuverability;

• (VI) The development of the lot would create health or safety hazards;

(VII) The lot is inconsistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.

• (2) Findings. The Director shall find that all of the following are true before recording a Notice of Merger.

• (A) The parcels to be merged at the time of merger are under common ownership;

• (B) The parcels as merged will be consistent with or be more closely compatible with the applicable land use zoning district regulations and any other planning policies relating to the subject property and parcel configuration;

• (C) The parcels as merged will not be deprived of legal access as a result of the merger and access to the adjoining parcels will not be restricted by the merger; and

• (D) All current and any delinquent taxes have been paid on all affected parcels.

• (E) One or more of the conditions described in § 66451.11(b) have been met.

• (b) Procedures for Voluntary Merger of Contiguous Parcels.

• (1) Description and Purpose. It is the purpose of this Section to allow property owners to request a voluntary merger of contiguous parcels that are under the same ownership, pursuant to Map Act §§ 66499.20 1/2 or 66499.20 3/4 pertaining to the reversion to acreage.

(2) Process. The property owner shall file an application for a parcel merger. The review authority shall be the Director and review of the application shall be subject to the provisions for Staff Review without Notice procedures. 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.

• (3) Findings. The Director shall find that all of the following are true before recording a Notice of Merger.

• (A) The parcels to be merged at the time of merger are under common ownership;

(B) The parcels as merged will not be deprived of legal access as a result of the merger and access to the adjoining parcels will not be restricted by the merger; and

(C) All current and any delinquent taxes have been paid on all affected parcels.

(c) Post-Approval Actions.

(1) If the merger is processed in compliance with Map Act Chapter 3, Article 1.5, the Director shall submit a Notice of Merger to the County Recorder for recordation in compliance with Map Act § 66451.19.

(2) If the merger is processed in compliance with Map Act §§ 66499-3/4 or 66499-1/2, the County Surveyor shall follow the procedures for the approval and recordation of a Parcel Map in compliance with § 87.03.060 (Parcel Map Approval) or for the approval and recordation of a Final Map in compliance with § 87.03.100 (Final Map Approval).

(d) Requirements for Unmerger of Parcels. The unmerger of parcels within the County shall comply with Map Act Chapter 3, Article 1.7.

(Ord. 4011, passed - -2007)

(a) General Provisions.

(1) A Reversion to Acreage shall be initiated, processed, reviewed, and approved or disapproved in compliance with Map Act Chapter 6, Article 1.

(2) An application for reversion submitted by a property owner shall include all information required by the Department, and shall include the fee required by the County Fee Ordinance.

(3) A Parcel Map may be filed to revert to acreage land previously subdivided that consists of four or less contiguous parcels, in compliance with Map Act § 66499.20-1/4.

(b) Procedures.

(1) The Commission shall hold a public hearing on all petitions for, and Board initiations of, Reversions to Acreage.

(2) In the case of a Reversion to Acreage by Parcel Map, the Commission may approve the Reversion to Acreage only if it first makes all of the findings required by Subdivision (c), below.

(3) For a Reversion to Acreage by Final Map, the Commission shall render its decision in the form of a written recommendation to the Board. The recommendation shall include the reasons for the recommendation and shall be transmitted to the Board. Upon receipt of the recommendation of the Commission, the Board shall hold a public hearing. The Board may approve a Reversion to Acreage only if it first makes all of the findings required by Subdivision (c) below.

(c) Findings. Before approval, the review authority shall first find that all of the findings required by Map Act § 66499.16 are true.

(d) Post-Approval Actions. After the hearing before the Commission and/or the Board and approval of the Reversion to Acreage, the Parcel or Final Map shall be delivered to the County Surveyor. The Reversion to Acreage shall be effective upon the Parcel or Final Map being filed for record by the County Recorder. (Ord. 4011, passed - -2007)

(a) Purpose. The purpose of this Section is to facilitate resident purchase of mobile home parks. This Section allows the waiver of certain subdivision requirements and expedites local government processing for mobile home park conversions to condominiums or stock cooperatives. These conversions will preserve an important source of affordable housing.

(b) Applicability. For the purposes of this Section, an application for subdivision shall be considered “resident initiated” when signed by a resident organization formed by the tenants of the subject mobile home park for the purpose of purchasing the mobile home park. The proposed conversion shall be supported by a minimum of two-thirds of the current residents of the park. The resident organization shall have a legally binding contract, which, if the conditions of the contract are met, would result in the acquisition of an interest in the mobile home park. A preapplication conference may be requested by the applicant(s) before formation of the resident organization or before entering into a legally binding contract; provided the Director determines in writing that it is reasonable to believe that the contract may be entered into within a 12-month period.

• (c) Exclusions. The provisions of this Section shall not apply to:

(1) The purchase of a mobile home park by a non-profit corporation which is subject to the provisions of Business and Professions Code § 11010.8; or

(2) Special Occupancy Parks (e.g. Recreation Vehicle Parks) as defined in Mobile Home Parks Act § 2008, of the Code of Regulations Title 25.

(d) Waiver of Tentative and Final Map Requirements. Notwithstanding other provisions of this Division, the requirement for the filing of a Tentative Map and the preparation, filing, and recordation of a Final Map for a mobile home park conversion to a condominium or stock cooperative on a single parcel, may be waived by the Director in compliance with Map Act § 66428.1; provided the following procedures are followed by a resident organization desiring to convert their park and the necessary findings are made by the Director.

(1) Pre-Application Conference. Before filing an application for mobile home park conversion, the resident association shall have a pre-application conference with the Development Review Committee. The conference shall be scheduled in compliance with the policy established by the Board for the Housing Incentive Program. The purpose of this conference is to determine that the proposal qualifies under the provisions of this Section. The following information shall be submitted with the application for the conference.

(A) Previously approved plot plan for the mobile home park. If none exists, a plot plan shall be filed in compliance with the requirements established by and available at the Department.

• (B) A supplemental report to include the following information:

• (I) Name of consultants, if any.

• (II) Disclosure of all known fees and costs for the conversion process.

(III) Documentation demonstrating that a minimum of two-thirds of the residents of the mobile home park support the proposed conversion.

(IV) Declarations from those residents supporting the conversion that their principal place of residence is within the subject mobile home park.

(V) The location of the park and results of a field inspection done by the applicant(s) or consultant regarding the status of the compliance of the park with the County health and safety standards in effect at the time the park was created. Any on-site dedications or public improvements to be required shall be identified by the committee.

(VI) Proposed tentative schedules to expedite meeting and coordinating any requirements of the Planning Agency and the Department of Real Estate, including but not limited to the public report. The schedule shall include an outline of the permits and noticing required to allow this conversion and the estimated time at which the permits are obtained.

(VII) Evidence showing that the 60-day Notice of Intent to file the conversion application [as required by Map Act § 66427.1(a)] has been met.

(VIII) Initial report on the impact of the conversion on the residents of the mobile home park. This report is needed to determine whether an impact report as required in Map Act § 66427.4 is needed. The report shall specify whether any residents of the park are to be involuntarily displaced and any proposed measures to mitigate the

displacement. A resident, who is offered an opportunity to remain in the park after the conversion through continuation of the tenancy at generally the same terms as existed before proposed conversion, shall not be considered involuntarily displaced. At the pre-application conference the Development Review Committee shall indicate whether an impact report needs to be filed with the formal application for the conversion. If it is required, the Development Review Committee shall identify in detail any additional items to be required as mitigation measures to assist any displaced residents. No current resident shall be involuntarily displaced without proper notice, assistance, or compensation, to be worked out on a case-by-case basis. The noticing, assistance, or compensation may include the following:

(i) The project shall comply with the Mobile Home Residency Law, Civil Code §§ 798 et seq .

(ii) The project applicants may be required to provide relocation assistance in compliance with Federal, State, or local laws.

(C) The Planning representative of the Development Review Committee shall field check the park before the scheduled meeting. The Development Review Committee shall establish if the proposed mobile home park conversion meets the intent and is capable of meeting the provisions of this Section. The Director shall attempt to inform the applicant(s) at the earliest opportunity if a public hearing is to be required. If the proposed mobile home park conversion is acceptable, the Development Review Committee shall identify the information the applicant needs to file to proceed with the proposal. The information shall include the following:

s capable of meeting the provisions of this Section. The Director shall attempt to inform the applicant(s) at the earliest opportunity if a public hearing is to be required. If the proposed mobile home park conversion is acceptable, the Development Review Committee shall identify the information the applicant needs to file to proceed with the proposal. The information shall include the following:

(I) Development Review Committee pre-application conference minutes. These minutes shall include the proposed tentative schedules required by Subdivision (d)(1)(B)(VI), above.

(II) If the parcel upon which the park lies was created before January 1, 1960, a Parcel Map application shall be required. The application shall be processed concurrently with any other information filed in compliance with the pre-application conference.

(III) Mobile Home Park Conversion Impact Report, if required at the pre-application conference to meet the requirements of Map Act § 66427.4. The report shall be given to each resident within the mobile home park.

(IV) Mobile home park plot plan if no plot plan was previously approved.

(V) Any special information which was identified by the Development Review Committee. Among the information may be information to assist in the environmental review of the proposal.

(VI) Certificate of Compliance application.

(D) The review and processing of any application in compliance with this Section shall be subject to the same review and time requirements and appeal procedures as are provided in this Division for Tentative Maps. In any case where waiver of the Tentative and Final Map is granted, the Director shall cause to be filed for record with the County Recorder a Certificate of Compliance in compliance with this Division. The Director may require a public hearing in compliance with Chapter 86.07 (Public Hearings). Should a public hearing be required the noticing provisions of Map Act § 66451.3 shall be met.

(2) Findings for Approval. A mobile home park conversion shall be approved or conditionally approved only if all of the following are first found to be true:

(A) The mobile home park complies with the requirements established by State law and County ordinance for these uses at the time the mobile home park was constructed. The regulations shall include those regarding area, improvement and design, flood water drainage control, public roads, sanitary disposal facilities, water supply and distribution systems, environmental protection, and other requirements of the Map Act and this Division;

(B) Any measures necessary to mitigate the impact of the conversion on current residents of the park have been required as conditions of approval; and

(C) Applicable noticing requirements of the Map Act have been, or will be met.

(3) Conditions of Approval. The following conditions may be required by the Director as conditions of approval for the proposed conversion:

(A) Subdivisions allowed by this Section may include conditions requiring a Compliance Survey inspection to the satisfaction of the Director. However, the survey shall be limited to require improvements relating only to items of a health and safety nature.

• (B) The mobile home condominiums or stock cooperatives shall be subject to Code of Regulations Title 25.

• (C) Only additional on-site improvements or development standards which were applicable at the time the mobile home park was originally developed may be required.

• (D) Off-site public improvements for qualifying mobile home parks shall be waived, except as follows:

• (I) Any off-site improvements shall be financed with appropriate assessment bonds.

• (II) The Certificate of Compliance shall not be delayed or contingent upon completion of the off-site improvements.

• (E) Any requirements and/or documents required by the State Common Interest Development Act, Civil Code §§ 1350 et seq.

• (F) Conditions of approval necessary to ensure any noticing requirements that are required by Map Act § 66427.1 are met.

(G) Any plan or document required to be submitted to the Department of Real Estate shall be reviewed for consistency with the approved project and plot plan. The plan shall reference the “waiver” notice requirement in Subdivision (H), below, to the satisfaction of the Director.

(H) Notice shall be placed on the Certificate of Subdivision Compliance that standard subdivision requirements for the creation of condominiums/stock cooperatives have been waived by the County and only conditions applicable to the original development of the mobile home park have been required.

• (I) The applicants shall comply with the indemnification requirements of § 81.01.070 (Legal Defense Fee Responsibility) of this Development Code.

(J) The Director may impose any conditions of approval to ensure any appropriate measures for relocation assistance are implemented.

(K) No mobile home shall be required to be placed on a permanent foundation as a result of the conditional approval.

(L) Any condition of approval required in compliance with this Section shall be drafted to expedite the conversion process.

(Ord. 4011, passed - -2007)