Chapter 19.40

MISCELLANEOUS REQUIREMENTS - ENFORCEMENT*

Sections:

• 19.40.010 Dedication and improvement requirements for land not a subdivision of five or more lots.

• 19.40.020 Merger of parcels.

• 19.40.025 Combining of contiguous parcels under common ownership.

• 19.40.030 Separate parcels.

• 19.40.040 Compliance with zoning ordinance.

• 19.40.050 Lands covered by a cluster permit - Effect.

• 19.40.060 Land covered by a low-density cluster permit - Effect.

• 19.40.080 Denial of permit to develop - 40-acre lots fronting coastline or shoreline.

• 19.40.090 Denial of permit to develop - Land divisions violative of this title.

*State law reference— For statutory provisions on enforcement and review of the Subdivision Map Act, see Gov. Code § 66499.30 et seq.

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§ 19.40.020

• 19.40.120 Lot line correction - Correction permitted when.

• 19.40.125 Fee for lot line adjustment or correction.

• A. Notwithstanding any provisions of this title to the contrary, whenever the director requires improvements for a division of land which is not a subdivision within the meaning of Subdivision Map Act of five or more lots, dedication and improvement requirements shall be limited to rights-of-way, easements and the construction of reasonable off-site and on-site improvements for the parcels being created.

• B. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map or by separate instrument, and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. The construction of such improvements shall be required prior to subsequent issuance of a permit or other grant of approval for the development of such parcel by the city.

• C. Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the city, except that the city may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the director that fulfillment of the construction requirements is necessary for reasons of:

  1. The public health and safety; or

  2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.

• (Prior code § 9294; Ord. 18570.)

• A. Requirements for Parcel Merger. A parcel or unit shall merge with a contiguous parcel or unit held by the same owner if all of the following requirements are satisfied.

  1. At least one of the affected parcels is not developed with a structure, other than an accessory structure, for which a building permit was issued by the city, or which was built prior to the time such permits were required by the city.

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

     • a. Comprises less than five thousand square feet in area at the time of the determination of merger.

     • b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

     • c. Does not meet current standards for sewage disposal and domestic water supply.

     • d. Does not meet slope stability standards.

     • e. 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. Is inconsistent with the city's general plan, as amended, and any applicable specific plan, other than minimum lot size or density standards.

• B. Procedures for Parcel Merger. Contiguous parcels or units shall be deemed merged only if all the procedural, notification and hearing re-

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§ 19.40.020

quirements specified in Chapter 3, Article 1.5 of the State Subdivision Map Act have been satisfied.

(Prior code § 9295; Ords. 18570, 19215, 22126.)

Up to four contiguous parcels under common ownership may be combined into one parcel, whether or not they meet the requirements of Section 19.40.020 of this title, provided that:

• A. The owner of such parcels submits in writing, on a form provided by the director, a request that city approve such merger. The written request is to be accompanied by:

  1. Preliminary title report verifying single ownership of said contiguous parcels.

  2. A single legal description of merged parcels.

  3. A legible map, no smaller than eight and one-half by eleven inches nor larger than eight and one-half by fourteen inches, clearly showing existing parcels and proposed new combined parcel.

  4. A fee in accordance with the schedule of fees resolution adopted by the city council establishing fees and charges for this chapter.

• B. No public or private dedications of land or easement rights, or the installation of any public improvements, at the discretion of the director, are necessary or desirable adjuncts to the proposed combining of parcels; and

• C. Said combining of parcels is a requirement of a development permit issued by city pursuant to Title 20 of the Municipal Ordinances; and

• D. The proposed combining is considered by the director at a public hearing which

has been noticed pursuant to Sections 66451.3 and 66451.4 of the state Map Subdivision Act; and

• E. The director, having final authority, approves said merger and causes the appropriate documents to be recorded with the county recorder.

• (Ord. 22126.)

No land shall be subdivided on any tentative, final or parcel map when such land is separated or divided into two or more parcels or portions by any parcel of land other than a street, freeway, alley, pedestrian way or a railroad, public utility or flood control right-of-way, and when such land is so separated each separate parcel or portion thereof, if subdivided, shall be subdivided as a separate parcel and shown on a separate tentative, final or parcel map.

(Prior code § 9227.)

If there is any conflict between the provisions of this title and the provisions of Title 20 of this Code, the provisions of Title 20 shall govern and control. Every division of land subject to the provisions of this Title 19 shall comply in all respects with the provisions of Title 20 of this Code, and the director shall not approve any tentative map unless the same complies in all respects with the provisions of said Title 20.

(Prior code § 9287.)

If a cluster permit has been issued pursuant to the provisions of Title 20 as they existed prior to October 3, 1985, and is effective, the director may approve a tentative map for such lands even though such tentative map does not comply with all of the provisions of all of the other sections of this Title 19; provided, that such tentative map must conform to and comply in all respects with such cluster permit; and provided further, that such approval of

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§ 19.40.100

any portion of the lands covered by such tentative map on which a final map has not yet been recorded shall become void if such cluster permit lapses or otherwise becomes void. (Prior code § 9284; Ords. 22126, 22152.)

Whenever the director, acting pursuant to and in accordance with Chapter 20.100 of this Code, shall have issued a low-density cluster permit pursuant to the provisions of Title 20 as they existed prior to October 3, 1985, which complies in all respects with said Chapter 20.100, Parts 1 and 6, and such permit shall have become effective in accordance with said Chapter 20.100, Parts 1 and 6, then in that event the director may approve a tentative map for such lands even though such tentative map does not comply with all of the provisions of all of the other sections of this Title 19; provided that such tentative map must conform to and comply in all respects with such low-density cluster permit; and provided further, that such approval of the tentative map shall lapse and shall become null and void with respect to any portion of the lands covered by such tentative map on which a final map has not yet been recorded, if prior to recordation of a final map thereon, the low-density cluster permit for such lands lapses and becomes null and void or for any other reason ceases to be operative. (Prior code § 9285; Ords. 22126, 22152.)

The city shall not issue any permit or grant any approval necessary to develop any parcel or parcels of land divided into lots or parcels after December 31, 1969, each of a gross area of 40 acres or more when such lots or parcels front on the coastline or shoreline, unless the director finds that reasonable public access has been provided from highways to land below the ordinary high-water mark or any ocean coastline or bay shoreline, or any water of a lake or reservoir upon which the lots or parcels front. The director shall, in determining

whether such reasonable public access has been provided, use the criteria set forth in subsections D. and E. of Section 19.12.180 and subsections D. and E. of Section 19.12.190 of this Code. (Prior code § 9288.1.)

• A. The city shall not issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division in violation of the provisions of the Subdivision Map Act or of the provisions of this title if it finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record of the real property at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

• B. If the city issues a permit or grants approval for the development of any such real property, it may impose those conditions that would have been applicable to the division of the property at the time the applicant acquired his interest in such real property, and which had been established at such time by the Subdivision Map Act or local ordinance enacted pursuant thereto, except that if a conditional certificate of compliance has been filed for record under the provisions of subsection B. of Section 19.40.100, only such conditions stipulated in that certificate shall be applicable.

• (Prior code § 9288; Ords. 18570, 19215.)

• A. Any person owning real property, or a vendee of such person pursuant to a contract of sale

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§ 19.40.100

of such real property may request, and the city shall determine, whether such real property complies with the provisions of the Subdivision Map Act and this title. Each request for such a determination of compliance shall be accompanied by a processing fee in the amount set forth in the schedule of fees established by resolution of council. Upon making such a determination, the city shall cause a certificate of compliance, executed by the city engineer and the director, to be filed for record with the recorder of the county in which such real property is located. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and this title.

B. If the city determines that such real property does not comply with the provisions of the Subdivision Map Act or this title, it may, as a condition of granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest therein, and which had been established at such time by the Subdivision Map Act or local ordinance enacted pursuant thereto. Upon making such a determination and establishing such conditions, the city shall cause a conditional certificate of compliance to be filed for record with the recorder of the county in which such real property is located. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such condition shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the city.

• C. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 19.40.090.

• D. A recorded final subdivision map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(Prior code § 9290; Ords. 20641, 21029, 21045, 21298.)

Whenever the city has knowledge that real property has been divided in violation of the provisions of this division or of local ordinances enacted pursuant to this division, it shall cause to be mailed by certified mail to the then current owner of record of the property a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting at which the owner may present evidence to the director why the notice should not be recorded.

The meeting shall take place no sooner than 30 days and no later than 60 days from date of mailing. If, within fifteen days of receipt of the notice, the owner of the real property fails to inform the city of his or her objection to recording the notice of violation, the director shall record the notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the city shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the director determines that the property has in fact been illegally divided, the director shall record the notice of violation with the county recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The county recorder shall index the names of the fee owners in the general index. (Prior code § 9289; Ords. 18570, 19215, 22126.)

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§ 19.44.020

After a lot line adjustment is approved and still within its permit time period, it may be amended by a lot line correction in the following instances:

• A. To correct an error in any course of distance shown thereon; or

• B. To show any course or distance shown that was omitted therefrom; or

• C. To correct an error in the description of the real property shown on the map; or

• D. To correct any other type of map error or omission as approved by the director or city council which does not affect any property right.

• (Ord. 26635.)

All requests for lot line adjustments as described in Section 19.08.440 or lot line corrections allowed under Section 19.40.120 shall be accompanied by a processing fee as set forth in the schedule of fees established by resolution of the city council. (Ord. 26635.)