Article 12 — Reversions and Mergers

Property previously subdivided by final map may be reverted to acreage by final map, and property previously subdivided and consisting of four (4) or less contiguous parcels under the same ownership may be reverted to acreage by parcel map, pursuant to the provisions of the Subdivision Map Act and of this article. The parcel map procedures, including the waiver of parcel map procedures as set forth in Section 9-3.302 of Article 3 of this chapter, shall also be used to eliminate lot lines in situations where adjoining lots have merged by virtue of Section 9-3.1210 of this article. (Ord. 744-NS, eff. April 17, 1980)

Proceedings to revert subdivider property to acreage may be initiated by a petition of all of the owners of record of the real property within the subdivision. The petition shall be in a form prescribed by the Community Development Department and shall contain the following information:

• (a) Adequate evidence of title to the real property within the subdivision;

• (b) Sufficient data to make all of the determinations and findings required by this article;

• (c) A final map or parcel map which delineates dedications which will not be vacated and dedications which are a condition to reversion; and

• (d) Such other pertinent information as may be required by the Community Development Department.

• (Ord. 744-NS, eff. April 17, 1980)

The Council on its own motion, by resolution, may initiate proceedings to revert subdivision property acreage. The resolution shall direct the Community Development Department to obtain all the information necessary to accomplish the proposed reversion.

• (Ord. 744-NS, eff. April 17, 1980)

Petitioners for reversions to acreage shall file the following:

• (a) Evidence of title to the real property; and

• (b) Evidence of the consent of all of the owners of any interest in the property; or

• (c) Evidence that none of the improvements required to be made have been made within two (2) years after the date

the final map or parcel map was filed for record, or within the time allowed by agreement for the completion of the improvements, whichever is later; or

• (d) Evidence that no lots shown on the final map or parcel map have been sold within five (5) years after the date such final map was filed for record; and

• (e) A tentative map in a form prescribed by the Council; or

• (f) A final map or parcel map in a form prescribed by the Council which map delineates dedications which will not be vacated and dedications which will be required as a condition or reversion.

• (Ord. 744-NS, eff. April 17, 1980)

Petitions to revert property to acreage shall be accompanied by the required fees prescribed by Council resolution. If the proceedings are initiated pursuant to Section 9-3.1203 of this article, the persons who request the Council to initiate the proceedings shall pay the required fees.

(Ord. 744-NS, eff. April 17, 1980)

• (a) For reversions to acreage required to be processed by a final map, a public hearing shall be held by the City Council. Notice of the public hearing shall be given in the manner required by Chapter 12 of this title.

• (1) The Council may approved a reversion to acreage only if the Council finds that:

• (i) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

• (ii) Either:

• (aa) All owners of an interest in the real property within the subdivision have consented to the reversion; or

(ab) None of the improvements required to be made have been made within two (2) years after the date the final map or parcel map was filed for record or within the time allowed by agreement for the completion of the improvements, whichever is later; or

• (ac) No lots shown on the final map or parcel map have been sold within five (5) years after the date such map was filed for record.

• (2) The Council may require as conditions of the reversion:

• (i) That the property owners dedicate or offer to dedicate streets or other public easements as required and permitted by this Code or the Subdivision Map Act; and

• (ii) That all or a portion of the previously paid subdivision fees, deposits, or improvement securities be retained if they are necessary to accomplish any of the provisions of this Code.

(b) Reversions to acreage permitted to be processed by parcel map shall be heard by the Planning Commission pursuant to subsection (a) of Section 9-3.702 of Article 7 of this chapter. The provisions of subsections (1) and (2) of subsection (a) of this section shall govern Planning Commission actions. Waivers of parcel maps shall be processed pursuant to subsection (b) of said Section 9-3.702.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 9, Ord. 1178-NS, eff. April 27, 1993)

After the hearing before the Council or Planning Commission, the final map or parcel map for reversion shall be delivered to the City Engineer for review pursuant to Section 9-3.946 of Article 9 of this chapter and, after approval by the City Engineer, shall be delivered to the County Recorder for recordation. The final map or parcel map for reversion shall contain a certificate signed and acknowledged by all parties having any record title interest therein

consenting to such final map or parcel map except as provided by State Government Code Section 66436 or 66499.20 1/4.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 27, Ord. 1250-NS, eff. January 9, 1996, as amended by part 22, Ord. 1437-NS, eff. July 7, 2005; § 5, Ord. 1637-NS, eff. January 12, 2018)

Reversions shall be effective upon the final map or parcel map for reversion being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map or parcel map for reversion shall be of no further force and effect.

(Ord. 744-NS, eff. April 17, 1980)

Except as otherwise provided in this chapter or in Section 66499.19 of the Subdivision Map Act, upon the filing of the final map or parcel map for reversion by the County Recorder, all original fees and deposits designated for refund by the Council shall be returned, and all original improvement securities shall be released. No interest shall accrue on behalf of depositors of cash placed with the City.

(Ord. 744-NS, eff. April 17, 1980)

The City of Thousand Oaks may, as provided by Section 66451.11 of the Subdivision Map Act, provide for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform the standards for minimum parcel size, under the zoning ordinance of the City of Thousand Oaks applicable to the parcels or units of land and if all of the following requirements are satisfied:

(a) 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 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.

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

• (1) Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger.

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

• (3) Does not meet current standards for sewage disposal and domestic water supply.

• (4) Does not meet slope stability standards.

• (5) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

• (6) Its development would create health or safety hazards.

• (7) Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

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

• (d) This subdivision shall not apply if one of the following conditions exist:

(1) On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted openspace land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

(2) On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in California Government Code subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in California Government Code subdivision (b) of Section 51201.

(3) On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand (2,000) feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.

(4) On July 1, 1981, one or more of the contiguous parcels or units of land is located within two thousand (2,000) feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency.

(e) For purposes of paragraphs (c) and (d) of this subdivision, “mineral resource extraction” means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells, or other similar commercial mining activity.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 974-NS, eff. September 8, 1987, as amended by part 23, Ord. 1437-NS, eff. July 7, 2005)

A merger of parcels becomes effective when the City of Thousand Oaks causes to be filed for record with the recorder of the county in which the real property is located, a notice of merger specifying the names of the record owner and particularly describing the real property.

(§ 1, Ord. 974-NS, eff. September 8, 1987)

Prior to recording a notice of merger the City of Thousand Oaks 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 in Section 9-3.1210 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 recorder of the county in which the real property is located on the date that notice is mailed to the property owner. (§ 1, Ord. 974-NS, eff. September 8, 1987)

At any time within thirty (30) days after recording of the notice of intention to determine status, the owner of the affected property may file with the City of Thousand Oaks a request for hearing on determination of status. (§ 1, Ord. 974-NS, eff. September 8, 1987)

Upon receiving a request for hearing on determination of status from the owner of the affected property pursuant to Section 9-3.1213, the City of Thousand Oaks shall fix a time, date, and place for a hearing to be conducted by the Planning Commission, and shall notify the property owner of the time, date and place for the hearing by certified mail. The hearing shall be conducted no more than sixty (60) days following the City’s receipt of the property owner’s request for the hearing, but may be postponed or continued with the mutual consent of the City and the property owner.

(§ 1, Ord. 974-NS, eff. September 8, 1987)

(a) 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 Section 9-3.1210.

(b) At the conclusion of the hearing, the City 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 nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 9-3.1210 of the Thousand Oaks Municipal Code. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing.

(§ 1, Ord. 974-NS, eff. September 8, 1987)

If, within the thirty (30) day period specified in Section 9-3.1213, the owner does not file a request for a hearing in accordance with Section 9-3.1214 and Section 9-3.1215, the City 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 Section 9-3.1211 no later than ninety (90) days following the mailing of the notice required by Section 9-3.1214.

(§ 1, Ord. 974-NS, eff. September 8, 1987)

Subdivided lands may be merged and resubdivided without reverting to acreage by complying with all the applicable requirements for the subdivision of land as provided by this chapter. The filing of the final map or parcel map shall constitute the legal merging of the separate parcels into one parcel and the resubdivision of such parcel, and the real property shall thereafter be shown with the new lot or parcel boundaries on the assessment roll. Any unused fees or deposits previously made pursuant to this chapter pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of the resubdivision. Any streets or easements to be left in effect after the resubdivision shall be adequately delineated on the map. After the approval of the merger and the resubdivision, the map shall be delivered to the County Recorder. The filing of the map shall consist of the legal merger and the resubdivision of the land affected thereby and shall also consist of the abandonment of all street and easements not shown on the map.

(Ord. 744-NS, eff. April 17, 1980, as amended by § 1, Ord. 974-NS, eff. September 8, 1987)

(a) Intent and Purpose. Concurrent Processing with Discretionary Projects. The purpose of this Article is to establish ministerial procedures for processing voluntary merger applications to merge contiguous lots under common ownership into a single lot as authorized by California Government Code Section 66499.20.3. The approval of voluntary merger applications and subsequent review and approval of the certificate of merger and deeds are ministerial acts not subject to CEQA. In instances where a voluntary merger is requested in conjunction with a project involving an application for a development permit or other discretionary City land use approval involving some or all of the property subject to the voluntary merger, the voluntary merger application shall be processed concurrently with the application for the discretionary land use approval, including for purposes of evaluating the project’s potential environmental effects. Notwithstanding the foregoing, the City’s approval of a voluntary merger is, in and of itself, a ministerial act.

(b) Application. Applications for the approval of a Voluntary Merger shall be filed with the Community Development Department. No application shall be accepted for filing and processing if there is an open investigation pertaining to a documented violation of the TOMC on the subject lot(s) unless:

(1) The acceptance of the application is necessary to abate the existing violation and otherwise conforms to the requirements of this Chapter;

(2) Contains in a full, true, and correct manner, the required information prescribed by the forms supplied by the Community Development Department; and

(3) Is accompanied by the appropriate fees.

• (c) Filing and Processing Requirements.

(1) The application for a Voluntary Merger shall be processed by the Community Development Department if all information and documents requested in the application, including each item listed below in Section 9-3.1218(c)(1)(i) through (c)(1)(vii), are submitted and concurrently reviewed to the satisfaction of the Community Development Department until deemed complete.

(i) A deposit of the required fees pursuant to the City's Fee Schedule to process and record a certificate of voluntary merger.

(ii) A current preliminary title report showing all parties with a legal or equitable interest in the lots and all easements, covenants, and other encumbrances and interests in the affected lots at the time of the filing of the application for the voluntary merger.

(iii) All parties having any record title interest in the lots subject to the voluntary merger application have consented in writing to the voluntary merger subject to the exceptions set forth in Government Code Section 66436. (iv) If any of the existing lots are developed, a site plan prepared by the project surveyor that depicts the location of any buildings or structures with a notation of setback distances from the resulting adjusted lot lines.

he lots subject to the voluntary merger application have consented in writing to the voluntary merger subject to the exceptions set forth in Government Code Section 66436. (iv) If any of the existing lots are developed, a site plan prepared by the project surveyor that depicts the location of any buildings or structures with a notation of setback distances from the resulting adjusted lot lines.

(v) Documentation, as required by the Community Development Department, to establish that each of the lots that are subject to the voluntary merger are legal lots. The applicant is encouraged to consult with the Community Development Department prior to submitting a voluntary merger application that involves illegally created lots to confirm compliance with Section 9-3.1218(g)(1)(2)(11).

(vi) Legal description and map, prepared by a person authorized to practice land surveying or land surveyor, of the new boundaries of the merged lot as adjusted by the voluntary merger. The map shall also include: (i) the boundaries of each of the existing lots at the time of application; and (ii) a north arrow and the bearings and distances for the merged lot lines. A record of survey may be voluntarily submitted as a substitute for a map.

(vii) Draft certificate of voluntary merger (see Section 9-3.1218(k) below) and deed(s) reflecting the adjusted property boundaries.

(2) Unless otherwise specified in this Article, the voluntary merger application shall be processed ministerially without a public notice or hearing.

(d) Community Development Department and City Engineer Review.

(1) The Community Development Department and City Engineer shall review the voluntary merger application. If additional information is needed, the applicant shall provide the documents and information requested by the Community Development Department and City Engineer in order to deem the application complete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information needed to make the application complete.

(2) The City Engineer or designee shall determine whether the documents required to effectuate the Voluntary Merger are technically correct, including the legal description and map. When the City Engineer or designee is satisfied that the documents to be recorded to complete the voluntary merger are technically correct, the City Engineer shall transmit the documents to the Community Development Department for recordation with the Office of the

County Recorder upon final approval of the application by the advisory agency pursuant to Section 9-3.1218(j) of this Chapter.

• (e) Termination of Incomplete Application. An incomplete voluntary merger application may be terminated in the same manner for terminating an incomplete land use permit application as set forth in Section 9-4.2817(a)(1), and (a) (2) "Applications incomplete for processing.”

• (f) Designated Advisory Agency. The Community Development Director or designee is the designated advisory agency for ministerial voluntary merger applications under this Article.

(g) Standards for Approval. The Community Development Director, in consultation with the City Engineer, shall approve or conditionally approve a voluntary lot merger without public notice or hearing if, on the basis of the complete application that demonstrates the following:

(1) Each of the lots to be merged are legal lots. However, a legal lot that was illegally subdivided thus creating two or more illegal lots may be merged back into its original configuration as the legal lot existed prior to the illegal subdivision so long as the other criteria of approval set forth in this section are met;

(2) If one or more involved parcels is subject to a conditional certificate of compliance, the conditions of development must be fully satisfied by the merger. Notwithstanding the foregoing, if a condition of development that would not be satisfied relates to minimum parcel size, the merger shall be approved with the condition that the deed or deeds recorded to effectuate the merger contain an express statement that the resulting parcel remains subject to the conditional certificate of compliance, whose recording information shall be noted on the deed or deeds;

• (3) The lots to be merged are contiguous to each other;

• (4) The lots to be merged are under the same ownership;

• (5) If there are any liens or deeds of trust, they shall encumber the entire merged lot. There cannot be any liens or deeds of trust encumbering only a portion of the merged lot;

(6) The voluntary merger will not adversely affect existing easements of record on any of the lots or any conditions of approval, dedications, offers to dedicate, or security arising from a previously recorded map that created any of the lots subject to the voluntary merger application;

• (7) The lot merger shall not impair existing easements, or it shall include the relocation of existing easements, utilities, or infrastructure serving adjacent lots, parcels, or public lands and streets;

• (8) The lot merger shall not impair existing access or create a need for access to adjacent lots or parcels;

• (9) The lot merger will not alter the exterior boundary of the lots to be merged;

• (10) The City Engineer or designee has approved the legal description as accurately representing the exterior boundaries of the resulting merged lot;

(11) The voluntary merger will not render any existing conforming structures or existing conforming uses on any of the involved lots to become a nonconforming structure or use. Existing legal nonconforming structures or uses on any of the lots subject to the application are not grounds to deny the voluntary merger; and

(12) The deed or deeds submitted to the Community Development to effectuate the merger shall contain an express statement of the grantor(s), pursuant to section 1093 of the California Civil Code, that the intent of the grantor(s) and the purpose of the deed(s) is to merge all of the property described in the deed(s) into a single lot. (h) Conditional Approval:

• (1) The only conditions the Advisory Agency may impose on the approval of a voluntary merger are those required:

• (i) Conform the merged lot to all objective standards and requirements of the General Plan, Zoning Ordinances and City of Thousand Oaks Improvement Standards and Specifications; and

• (ii) Facilitate the relocation of existing utilities, infrastructure, or easements.

(2) If the voluntary merger application is conditionally approved, the advisory agency shall send a letter of conditional approval notifying the applicant of the conditions to be fulfilled prior to recordation of the voluntary merger. If the conditions are not fulfilled within one year of the date of the letter, the voluntary merger shall expire and become null and void unless the applicant obtains a written extension from the Advisory Agency pursuant to Section 9-9-3.1218(i), "Extension of Conditional Approval" of this Chapter.

(3) A conditionally approved voluntary merger shall be deemed ready for recordation when the advisory agency determines that the conditions have been fulfilled and is in receipt of the following:

(i) An up-to-date preliminary title report;

(ii) The voluntary merger documents approved by the City Engineer (e.g., legal description and a map); and

(iii) All deeds prepared for recordation as approved by the Community Development Director pursuant to Section 9-3.1218(c)(1)(vii) of this Chapter.

(4) Upon receipt of the documents required by Section 9-3.1218(h)(3) above, the Advisory Agency shall cause each of the Community Development Director-approved voluntary merger documents and deeds to be recorded in the Office of the County Recorder.

(i) Extension of Conditional Approval. Prior to the expiration of the conditional approval of the voluntary merger application pursuant to Section 9-3.1218(h)(2) above, the Advisory Agency may grant one extension of up to six (6) months if the applicant demonstrates good cause.

(ii) Certificate of Voluntary Merger. The recordation of a Certificate of Voluntary Merger and the deed(s) shall effectuate the voluntary merger of the separate lots into a single lot for the purposes of the Subdivision Map Act and this Chapter, and the lots shall thereafter be treated in all respects as a single lot. The Certificate of Voluntary Merger shall constitute a Certificate of Compliance for the merged lot.

(iii) Certificate of Voluntary Merger Requirements. A Certificate of Voluntary Merger shall include all the following:

(5) All parties having any record title interest in the merged lot shall execute the Certificate of Voluntary Merger before a Notary Public and submit it to the Community Development Department, excepting all those interests that are excepted pursuant to the provisions of Government Code Section 66436. The Community Development Director shall also execute the Certificate of Voluntary Merger, but the signature need not be notarized.

(6) The Certificate of Voluntary Merger shall include an express written statement that the consolidation of the legal descriptions of the lots is intended by the owner(s) to merge those lots into a single lot as set forth in the legal description of the merged lot.

(7) Either: (a) The deed or deeds that comprise the ownership interests of each lot subject to the voluntary merger shall be attached to the certificate of voluntary merger, or (b) the recorder number of each deed to each lot subject to the Voluntary Merger shall be referenced in the Certificate of Voluntary Merger.

(8) The legal description of the merged lot approved by the City Engineer shall be attached to the Certificate of Voluntary Merger.

(§ 1, Ord. 1734-NS, eff. January 10, 2025)