Chapter 12.28 — REQUIRED MAPS

• A. General Requirement. A tentative tract map and final tract map shall be required for the following:

  1. All subdivisions creating five or more parcels;

  2. Five or more condominiums as defined in Section 783 of the Civil Code;

  3. A community apartment project containing five or more parcels;

  4. The conversion of a dwelling to a stock cooperative containing five or more dwelling units.

• B. Exceptions. A tentative tract map and final tract map shall not be required in the following cases:

  1. Where the land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the city council; provided, however, that this paragraph shall not be applicable to condominium, community apartment, and stock cooperative projects described in subsection A ;

  2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway;

  3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to street alignments and widths; or

4. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section.

(Prior code § 21-3.1; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. General Requirement. A tentative parcel map and final parcel map shall be required for the following:

  1. All subdivisions creating less than five parcels;

  2. Less than five condominiums as defined in Section 783 of the Civil Code;

  3. A community apartment project containing less than five parcels;

  4. The conversion of a dwelling to a stock cooperative containing less than five dwelling units;

  5. All subdivisions for which tentative and final maps are not required due to an exception set forth in subsection B of Section 12.28.010 .

• B. Exceptions. A tentative parcel map and final parcel map shall not be required in the following cases:

  1. As set forth in Section 12.24.250.C;

  2. Where land is conveyed to or from a government agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, to the community development director that public policy necessitates such a parcel map.

• C. Waiver. The requirements for a parcel map may be waived if the community development director reviews an application for waiver, and finds that the proposed division of land complies with requirements established pursuant to this chapter as to the following:

  1. Area;

  2. Improvement and design;

  3. Floodwater drainage control;

  4. Appropriate improved public roads;

  5. Sanitary disposal facilities;

  6. Water supply availability;

  7. Environmental protection;

8. Other requirements of this article and the Subdivision Map Act.

(Prior code § 21-3.2; Ord. 1352 § 1, 1980; Ord. 1947, 4/9/2024)

• A. General Nonmerger Rule. Except as provided in subsection B , and notwithstanding the provisions of Section 12.24.250 , two or more contiguous parcels or units of land meeting the following criteria shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them:

  1. Have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land or a local ordinance enacted pursuant thereto; or

  2. Were not subject to such provisions at the time of their creation.

• B. Exception: When Parcels Merge. Two or more contiguous parcels or units held by the same owner shall be deemed to have merged if:

  1. Any one of them is located in R-1, R-2, R-3, R-4, or M-1 zoning district and comprises less than five thousand square feet in area at the time of determination of merger; and

  2. At least one of such contiguous parcels or units is undeveloped by any structure for which a building permit was issued by the city or for which a building permit was not required at the time of construction, or is developed only with one or more 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.

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 reported.

• C. Procedure; Merger of Parcels.

  1. A merger of parcels becomes effective when the community development director causes to be filed for record with the county recorder a notice of merger specifying the names of the record owners and particularly describing the real property.

  2. Prior to recording a notice of merger, the community development director shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified by ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder on the date that notice is mailed to the property owner.

  3. At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file with the planning director a request for hearing on determination of status.

4. Upon receiving a request for a hearing on determination of status, the community development director shall fix a date, time, and place for a hearing to be conducted by the director, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty days following the receipt by the community development director of the property owner's request therefor, but may be postponed or continued with the consent of the property owner.

   5. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in subsection B of this section. At the conclusion of the hearing, the community development director shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of merger shall be recorded within thirty days after the conclusion of the hearing, as provided for in paragraph 1 of this subsection. The owner may appeal the decision pursuant to Chapter 12.64 .

   6. If, within the thirty day period specified in paragraph 3, the owner does not file a request for a hearing in accordance with paragraph 5, the community development director may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in paragraph 1 no later than ninety days following the mailing of notice required by paragraph 2.

5. If, in accordance with paragraphs 5 or 6, it is determined that the subject property shall not be merged, the community development director shall cause to be recorded in the manner specified in paragraph 1 a release of the notice of intention to determine status, recorded pursuant to paragraph 2, and shall mail a clearance letter to the then current owner of record.

(Prior code § 21-3.3; Ord. 1352 § 1, 1980; Ord. 1461 § 3, 1986; Ord. 1947, 4/9/2024)

• A. Merged Parcels Which Unmerge. Any parcel which has merged, and for which a notice of merger has not been recorded on or before January 1, 1984, shall be deemed not to have merged if on January 1, 1984, none of the conditions described in Section 66451.30(b) of the Government Code exist and if the parcel meets each of the following criteria:

  1. Comprises at least five thousand square feet in area.

  2. Was created in compliance with applicable laws and ordinances in effect at the time of its creation.

• B. Determination as to Unmerger. Upon application of the owner and payment of any applicable fees, the community development director shall make a determination that the affected parcels have merged, or if meeting the criteria of subsection A , are to be unmerged.

• C. Notice of Status of Parcels Meeting Standards for Unmerger. Upon determination that the parcels have merged and the parcels meet the standards for unmerger set forth in subsection A the community development director shall issue to the owner and record with the county recorder a notice of the status of the parcels which will identify each parcel and declare that the parcels are unmerged pursuant to Article 1.5 of division 2 of Title 7 of the Government Code.

• D. Notice of Merger. Upon a determination that the parcels have merged and do not meet the criteria in subsection A , the community development director shall issue to the owner and record with the county recorder a notice of merger as provided in Section 12.28.030C.1 .

• (Ord. 1461 § 4, 1986; Ord. 1947, 4/9/2024)