San Fernando Municipal Code Art. I In General

This chapter may be cited as the "Subdivision Ordinance of the City of San Fernando."

(Code 1957, § 24.2)

It shall be unlawful for any person, as a principal, agent or otherwise, to sell, lease, finance, or transfer title to any portion of any subdivision or parcel of land in the city or to offer to do so, for which a tentative, final or parcel map or waiver certificate is required pursuant to the Subdivision Map Act, Government Code § 66410 et seq., or this chapter, unless a parcel, final tract map or waiver certificate in full compliance with such act and this chapter has been filed for record by the recorder of the county in which any portion of the subdivision is located.

(Code 1957, § 24.3)

(a) The purpose of this chapter is to regulate the design and improvement of subdivisions, to coordinate subdivision planning with the city's general and specific plans and to ensure that areas within subdivisions dedicated for public and community purposes will not become an undue tax burden in the future.

(b) This chapter is adopted to supplement the Subdivision Map Act, Government Code § 66410 et seq., and imposes requirements in addition to those set forth in the Subdivision Map Act, Government Code § 66410 et seq. The provisions of the Subdivision Map Act, Government Code § 66410 et seq., and the definitions set forth therein shall govern the processing of subdivision applications except as otherwise provided in this chapter.

(c) Any reference in this chapter to the Subdivision Map Act, Government Code § 66410 et seq., or a specific section thereof shall refer to such act as most currently amended. If a cited section has been renumbered or combined with another section, the reference shall be to the most recent equivalent of the cited section.

(Code 1957, § 24.1)

Under this chapter, every person submitting a tentative or final tract or parcel map, application for a certificate of waiver, application for a certificate of compliance, application for a lot line adjustment or petition for reversion to acreage shall pay a processing fee in the amount established by resolution of the city council.

(Code 1957, § 24.5)

A report by the planning commission or the city council as to conformity to the general plan required pursuant to Government Code § 65402 as a result of a proposed division of land may be included as part of the resolution of the planning commission or the city council on the action taken on such division of land.

(Code 1957, § 24.6)

(a) Generally. Whenever two or more contiguous lots, parcels or units of land are held by the same owner, such lots, parcels, or units may be merged where any one of the contiguous lots, parcels, or units held by the same owner does not conform to standards for minimum parcel size under the city zoning ordinance in chapter 106 of this Code and if all of the following requirements are satisfied:

(1) At least one of the affected parcels 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 is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous lot, parcel or unit; and

(2) With respect to any affected parcel, one or more of the following conditions exists:

a. The parcel comprises less than 5,000 square feet in an area at the time of the determination of merger.

b. The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

c. The parcel does not meet current standards for sewage disposal and domestic water supply.

d. The parcel does not meet slope stability standards.

e. The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

f. Its development would create health or safety hazards.

g. The parcel is inconsistent with the city's general plan and any applicable specific plan, other than minimum lot size or density standards.

(3) The owner of the affected parcels has been notified of the merger proposal pursuant to Government Code § 66451.13 and is afforded the opportunity for a hearing pursuant to Government Code § 66451.14.

(b) Extent of merger. Merger shall occur even though it does not create a lot conforming to the current standards for minimum lot area and dimensions, but does create a lot which more closely conforms to current standards; if the lots, parcels, or units are developed with a structure, merger shall occur only to those lots, parcels, or units which are developed as a single unit.

(c) Treatment of lots after merger. After merger has occurred with respect to any contiguous lots, parcels, or units of land under this section, such lots, parcels, or units of land shall be treated as a single lot under this Code.

(d) Contiguity. Property shall be considered as contiguous lots, parcels or units of land only if such lots, parcels or units of land are adjoining, but not if such lots, parcels or units of land are separated by roads, streets, utility easements or railroad rights-of-way.

(e) Notice to affected property owners. Whenever the director of planning determines that real property should be merged pursuant to this section, he shall cause to be filed for record with the county recorder, and on the same date 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 lots, parcels, or units may be merged pursuant to this section and advising the owner of the opportunity to request a hearing before the planning commission on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger.

(f) Review by planning commission. Whenever a property owner objects to the recording of a notice of intention to determine status within 30 days of the recording thereof and requests a hearing before the planning commission, the planning commission shall hold a hearing thereon and allow the property owner to state his objection and present any evidence upon which he relies. The property owner shall be advised in writing of the time, date and place of the hearing. The hearing shall occur not more than 60 days from the receipt of the request therefor, unless postponed or continued by mutual consent of both the city and the property owner. If the planning commission determines that the conditions constituting merger have not occurred, it shall instruct the director of planning not to file a notice of merger, and release of the notice of intention to determine status shall be recorded and a clearance letter mailed to the then-current owner of record. Otherwise, the director shall file the notice of merger unless the decision of the planning commission is appealed within ten days to the city council.

(g) Recordation of notice of merger. The merger of parcels as provided in this section shall be effective upon the city's filing for record with the county recorder a notice of merger. The notice of merger shall be filed within 30 days after the conclusion of a hearing held pursuant to subsections (e) and (f) of this section or within 30 days of the date a final decision is made by the city council if the decision of the planning commission, rendered pursuant to subsections (e) and (f) of this section, is appealed. If no hearing is timely requested as provided in subsections (e) and (f) of this section, the notice of merger shall be filed for recording no later than 90 days following the mailing of notice of intention to determine status as provided in subsection (e) of this section. In no case shall a notice of merger be filed sooner than the expiration of 30 days from the mailing of the notice of intention to determine status as provided in subsection (e) of this section.

(h) Ownership determined. For purposes of this section, when 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.

(Code 1957, § 24.53)

State Law reference— Similar provisions, Government Code § 66451.11.

(a) Pursuant to section 66499.20 ¾ of the Subdivision Map Act, the merger of contiguous parcels under common ownership may be merged without reverting to acreage upon application by the owner of record. The application shall be in writing and shall be accompanied by data and documents as required by the community development director, including, without limitation evidence of title to all parcels to be affected. An appropriate instrument approved by the city shall be recorded evidencing the merger.

(b) The applicant shall pay the processing fee established by resolution of the city council.

(c) The applicant for a merger shall comply with the requirements set forth in of subsection 78-37(3) of this chapter relating to lot line adjustments.

(d) The lot to be created by the merger shall conform to the minimum requirements set forth in article III of this chapter and to the applicable minimum requirements set forth in the zoning ordinance in chapter 106 of this Code.

(e) Upon receipt of the map, the community development director shall examine it to see whether it complies with the requirements of this section. If the map complies, the community development director shall approve the lot merger. The community development director may impose conditions on merger approval in order to ensure compliance with this section, to retain, relocate or establish easements, and to protect the health, safety and welfare.

(f) If an applicant is dissatisfied with the decision of the community development director, the decision may be appealed to the planning and preservation commission. Such appeal shall be in writing and shall be received by the community development department within 15 days after the date of the community development director's action.

(g) Upon approval, the map shall be filed in the office of the county recorder by the applicant at the applicant's expense. The map shall be recorded concurrently with any deed of easement regarding the relocation or elimination of applicable easements. No building permit to construct any improvements upon the lot indicated on such map shall be issued until the applicant has submitted proof of such filing to the building and safety supervisor, or his or her designee.

(Ord. No. 1602, § 1, 12-6-2010)