Chapter 16.08

REVERSIONS, CONSOLIDATIONS, ADJUSTMENTS, AND CERTIFICATES

The purpose of this chapter is to provide for, regulate and control the reversion of subdivided land to acreage, the combination and consolidation of lots and parcels, the adjustments of lot lines that do not result in the creation of any new lots, and the issuance of certificates of compliance in lieu of a final parcel map. (Ord. 2198 § 2, 1993)

Subdivided land may be reverted to acreage pursuant to the provisions of this section and Article 1 of Chapter 6 of the Subdivision Map Act. For the purpose of this chapter, a reversion to acreage is a process to be used for the combination and consolidation of land previously subdivided by the filing and recordation of a final subdivision tract. A. Initiation of Proceedings by Owners. Proceedings to revert subdivided property to acreage may be initiated either by the city or by petition signed by all of the owners of record of the property to be reverted. The petition shall be in a form prescribed by the director of planning and building and shall contain the information required by Section 66499.13 of the Subdivision Map Act and any such other information as required by the director.

• B. Initiation of Proceedings by City Council. The city council, at the request of any person or on its own motion, may by minute order initiate proceedings to revert property to acreage. The city council shall direct the director of planning and building to obtain the necessary information to initiate and conduct the proceedings as required by law.

• C. Required Data. Petitions filed for the initiation of reversion proceedings shall contain the following:

  1. Name, address and telephone number of the record owners of the lots or land to be reverted;

  2. Evidence of title to real property within the subdivision, in the form of title reports, recorded deeds or other data;

  3. Evidence of the consent of all owners of record to the reversion, which shall also include signatures of parties owning the types of land interests described in Section 66436(a)(2) of the Subdivision Map Act;

  4. Evidence that none of the public improvements required to be made as a condition precedent to the final approval of the subdivision or parcel map have been made or installed within two years from the date the final map or final parcel map was recorded or filed for record with the county recorder or within the time allowed by agreement for completion of the improvements, whichever is the later date;

  5. Evidence that none of the lots or parcels shown on the final subdivision map or parcel map have been sold within five years from the date the final map or parcel map was recorded or filed for record with the county recorder;

  6. A fee in the amount specified by city council resolution shall be paid by the owner or

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City of Westminster, CA

SUBDIVISIONS

§ 16.08.020

§ 16.08.020

owners who initiated the reversion proceedings, or by the person or persons who requested the city council to initiate the proceedings. Such fee shall not be refunded.

• D. Final Map. A final map showing the boundary of the land being considered for reversion, prepared in the same manner as that required for the final map of any subdivision, as specified in Chapter 16.04, and also showing dedications which will not be vacated or abandoned as a result of the reversion and any dedications required as a condition to reversion, shall be filed with the city engineer for checking and approval. A map for the reversion to acreage shall be based upon a field survey to the satisfaction of the city engineer. The map, or a tentative copy thereof, shall be submitted at the same time the petition for reversion is submitted.

• E. Action by the City Council. Upon receipt of the petition, the director of planning and building shall verify its accuracy and completeness and shall prepare a report on the reversion, listing the pertinent items to be considered, any dedications or improvements to be required and any other information needed or required pursuant to the furtherance of the purpose of this chapter. Such report and petition shall be transmitted to the city council and a public hearing before the city council shall be set within forty-five days after its receipt.

• F. Required Findings. The subdivided property may be reverted to acreage only if the city council finds that:

  1. Dedications or offers of dedication to be vacated or abandoned by the reversion are unnecessary for present or prospective public purposes; and

  2. Either:

     • a. All owners of an interest in the real property within the subdivision have consented to the reversion; or

     • b. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

     • c. No lots shown on the final map or parcel map have been sold within five years from the date such map was filed for record.

• G. Conditions of Reversion. As conditions of reversion, the city council shall require:

  1. Dedications or offers of dedication necessary for the purposes specified by local ordinances following reversion.

  2. Retention of all previously paid fees if necessary to accomplish the purposes of this chapter.

  3. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this chapter.

• H. Effective Date of Reversion; Release of Security. Reversion shall be effective upon the final map being filed for record by the county recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect. When a reversion is effective, all fees and deposits shall be returned and all improvement security

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City of Westminster, CA § 16.08.020

WESTMINSTER CODE

§ 16.08.040

released, except those retained pursuant to subsections (G)(2) and (G)(3) of this section. (Ord. 2198 § 2, 1993)

Whenever an owner is required to combine two or more contiguous lots or parcels for the purpose of constructing buildings or structures which cross existing lot lines, or where the consolidation of contiguous lots is necessary in order to provide the required off-street parking, open space or landscaped area, or other purpose required as a condition of development of a project or land in accordance with Title 17 of this code, then such lots shall be consolidated in the manner specified in this section.

• A. Application. An application shall be submitted in writing, in a form provided by the city engineer, which shall give the legal description of the lots to be consolidated, the owner's name, address and telephone number, evidence of title, the reason for the consolidation and such other information as may be required. A map showing the lots or parcels, with the latest Orange County Assessor parcel numbers, shall also be submitted. The city engineer and director of planning and building shall review the map for correctness and sufficiency.

• B. Fees and Covenant. Upon review and approval of the application, the applicant shall pay the fees for the lot consolidation as set by city council resolution. The city engineer shall thereafter prepare a Declaration of Covenant for execution by the owners of the lots or parcels to be consolidated. The Declaration of Covenant shall contain essentially the following language:

"The undersigned Owner(s) and Declarant(s) hereby covenant and agree for themselves, their heirs, successors, assigns and legal representatives, that all of the following described real property in the city of Westminster shall be held under common ownership, and that no part thereof, less than the whole thereof, will be sold, disposed of, or in any way divided or hypothecated for any purpose whatsoever other than in accordance with the Subdivision Map Act, other applicable State law, and the provisions of the Westminster Municipal Code. (Attach or include legal description of properties to be consolidated.)

"This Declaration of Covenant shall be binding upon the heirs, successors, assigns, legal representatives, and administrators of the undersigned Declarant(s) and is hereby expressly declared to be for the benefit of and enforceable by the city of Westminster, and may be released or modified only with written consent of the city of Westminster."

After preparation, execution and acknowledgement of the Declaration of Covenant, it shall be recorded with the county recorder and shall thereafter run with the land. A copy shall be kept in the city engineer's office. Upon recordation, a building permit or other zoning or use permit may be issued and approved by the city, based upon the exterior lot lines of the consolidated parcels, if all other requirements have been met.

and acknowledgement of the Declaration of Covenant, it shall be recorded with the county recorder and shall thereafter run with the land. A copy shall be kept in the city engineer's office. Upon recordation, a building permit or other zoning or use permit may be issued and approved by the city, based upon the exterior lot lines of the consolidated parcels, if all other requirements have been met.

• C. Map Requirement. Whenever contiguous lots or parcels are being consolidated and at the same time any or all of them are being divided, then all of the lots or parcels involved shall be shown on a tract or parcel map, which divisions (and consolidation) shall be processed, controlled, regulated and approved in accordance with Chapter 16.04, Monumentation, if required, shall be shown on a record of survey recorded in the office of the county recorder.

• (Ord. 2198 § 2, 1993)

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City of Westminster, CA

SUBDIVISIONS

§ 16.08.040

§ 16.08.040

Persons owning two or more adjacent parcels who propose to adjust the boundaries of the parcels in a manner so that the land taken from one parcel is added to an adjacent parcel, and a greater number of parcels than originally existed is subsequently not created, may apply for a lot line adjustment.

• A. If the parcels/lots involved are owned by different individuals or entities, these owners shall prepare deeds to convey the appropriate portions of the adjusted lots/parcels to each other. Consent to the lot line adjustment by a party or entity holding a beneficial interest in the property shall be reflected in a modification of the deed of trust including, as appropriate, any partial reconveyance necessary to effect the intent of the lot line adjustment. The modifications and, if required, partial reconveyance shall be executed in the manner of a conveyance of real property and recorded concurrently with the deeds required by this section. The city engineer shall review the deeds and, upon his approval, submit both the deeds and the approved lot line adjustment to the county recorder for recordation.

• B. If the parcels/lots involved are owned by the same individual or entity, the owner shall prepare deeds to convey the newly adjusted parcels/lots to said owner or entity. The legal descriptions shown on these deeds shall agree with the lots/parcels shown on the approved lot line adjustment. Consent to the lot line adjustment by a party or entity holding a beneficial interest in the property shall be demonstrated in the manner described in paragraph A above. The city engineer shall review the deeds and upon his approval, submit both the deeds and the approved lot line adjustment to the county recorder for recordation. Deeds recorded pursuant to this paragraph shall be exempt from the requirements of Government Code Section 27584 (Monument Preservation Fund).

• C. Application and Review. Application for a lot line adjustment shall be made to the director of planning and building. The director shall limit his review and approval to a determination of whether or not the parcels resulting from a lot line adjustment will conform to local zoning and building ordinances. The city engineer shall also review and approve the lot line adjustment and verify compliance with subdivision ordinances and the Subdivision Map Act. Neither the director of planning and building nor the city engineer shall impose conditions or exactions on their approval of a lot line adjustment except as needed to conform to local zoning and building ordinances or except to facilitate the relocation of existing infrastructure, utilities or easements.

  1. No tentative map or final map shall be required as a condition to the approval of a lot line adjustment.

  2. The lot line adjustment shall be reflected in a deed and record of survey that shall be recorded and filed with the city engineer within one week of recordation.

• D. Appeal Procedure. Any person adversely affected by the decision of the planning and building director and/or city engineer may appeal the decision to the planning commission within fifteen days of the decision.

  1. The appeal shall be filed in writing with the planning and building department. An appeal fee as set by city council resolution shall be paid at the time the appeal is made.

  2. The matter shall be brought before the planning commission within thirty days after the date of filing of the appeal.

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City of Westminster, CA

WESTMINSTER CODE

§ 16.08.040

§ 16.08.060

3. The planning commission may affirm or reverse the decision of the planning and building director and/or city engineer.

(Ord. 2198 § 2, 1993)

The city engineer shall have the authority, based upon the evidence and data available and presented to him, to determine when any proposed consolidation of lots shall be construed as a reversion to acreage, as described in Section 16.08.020, or as a lot consolidation, as described in Section 16.08.030. In the absence of any appeal to the planning commission or city council, his decision shall be final and thereafter, the consolidation or reversion of lots or parcels shall be processed in accordance with the applicable section of this chapter. (Ord. 2198 § 2, 1993)

When requested by the subdivider or by a governmental agency, waivers from the requirement for recording a final parcel map and exceptions to the tentative map process may be approved by the planning commission upon recommendation by the city engineer. When any such waiver is approved, a certificate of compliance may be recorded in lieu of a final parcel map. The requirement for recording a final parcel map shall not be waived when a survey and/or monumentation is necessary. Only a subdivision containing four or fewer parcels is eligible for a waiver.

A certificate of compliance or conditional certificate of compliance recorded in lieu of a final parcel map is limited to the following subdivision actions:

1. Approval of a designated remainder parcel, as defined in Section 66424.6 of the Subdivision Map Act, or any omitted parcel.

2. Approval of a parcel created before March 4, 1972 as stated in Section 66412.6 of the Subdivision Map Act. The owner of such parcel must submit to the city engineer an affidavit stating that the subdivision was done according to the existing ordinances in effect at that time; or if any illegal lot was created, the affidavit must state that such illegal action occurred without the present owner's knowledge and prior to the present owner's acquisition of interest in the parcel.

   • A. Waiver Procedure. A waiver from the requirement for recording a final parcel map may be approved in compliance with the following procedure:

     1. A tentative map, accurately describing the existing legally created parcel and each proposed parcel, shall be submitted.

        • a The tentative map shall be processed in compliance with the tentative map procedure except that it need not be prepared by a licensed land surveyor or civil engineer.

        • b The map only needs to include such information that the city engineer and director of planning and building find necessary to make a determination.

     2. A waiver request shall accompany the tentative map only when a tentative map proposes an eligible subdivision as specified at the beginning of this section.

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City of Westminster, CA

SUBDIVISIONS

§ 16.08.060

§ 16.08.060

  3. Prior to any action by the planning commission to approve a waiver, the planning and building department and city engineer shall examine the map and shall identify each proposed parcel as a building site or nonbuilding site. 

  4. Prior to any action to approve a waiver, the planning commission shall find that the subdivision: 

     - a Will comply with city requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection; 

     - b Will satisfy any other requirement pertaining to the subdivision of land as specified in the Subdivision Map Act, this code and any other applicable ordinance;

• c Will not create any unnecessary conditions or situations that will be incompatible with existing and possible future uses of adjacent properties.

  • B. Waiver Does Not Establish Parcels.

    1. The approval of a waiver of the requirement to record a parcel map does not create a subdivision or satisfy the requirements applicable to the division of a parcel of land.

    2. Any parcel shown on a tentative map for which a parcel map has been waived shall not be considered to be legally established until a certificate of compliance for such parcels has been filed in the office of the county recorder.

       • a A waiver of the requirement to record a parcel map is valid only for such time as the tentative map is valid.

       • b A waiver approval shall expire concurrently with the expiration of the tentative map approval.

  • C. Certificate of Compliance. After a waiver has been approved and within the period of validity of a tentative map, and when the director of planning and building and city engineer have determined that all conditions and requirements of the tentative map have been satisfied, a certificate of compliance shall be recorded with the county recorder.

    1. In the event any required conditions have not been satisfied, a conditional certificate of compliance may be recorded within the specified time limits.

    2. The conditional certificate of compliance shall contain a notice of the conditions that are required to be satisfied prior to the recordation of a certificate of compliance.

• (Ord. 2198 § 2, 1993)

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City of Westminster, CA

SUBDIVISIONS

§ 16.10.010

§ 16.10.010