Chapter 11.43 — REVERSIONS, MERGERS, RESUBDIVISIONS, AND LOT LINE ADJUSTMENTS

(a)

Purpose. This section establishes procedures and standards, consistent with the requirements of Section 66499.11 et seq. of the Subdivision Map Act, for the reversion of previously subdivided property to acreage.

(b)

Initiation of proceedings. Proceedings to revert subdivided property to acreage may be initiated by the Board of Supervisors or by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the CDSA Director and shall contain information deemed necessary to comply with the requirements of the Subdivision Map Act.

(c)

Contents of petition. The petition shall contain all of the following:

(1)

Evidence of title to the real property within the subdivision;

(2)

Evidence sufficient to permit the Development Review Committee or Planning Commission to make all of the findings required by Section 11.43.010(e);

(3)

A final map or parcel map in the form required by this division, which delineates dedications that will not be vacated and dedications required as a condition to reversion. Final maps or parcel maps shall be conspicuously

designated with the title, "The Purpose of this Map is a Reversion to Acreage";

(4)

Fees as required by the County toward processing and plan checking costs in accordance with Title 13 of the County Code; and

(5)

Any other information the Community Development and Services Agency may require.

(d)

Hearing. A duly-noticed public hearing shall be held by the Development Review Committee if the reversion is to be by a parcel map or by the Planning Commission if the reversion is to be by final map. Any decision of the Development Review Committee or Planning Commission may be appealed to the Board of Supervisors by any interested person as outlined in Section 11.53.150, Appeals and Calls for Review. The decision of the Board of Supervisors on appeal shall be final and conclusive.

(e)

Required findings. The Development Review Committee or Planning Commission may approve a reversion to acreage only if it finds that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes and that:

(1)

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

(2)

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

(3)

No lots shown on the final map or parcel map were sold within five years from the date such map was filed for recording.

(f)

Conditions. The Development Review Committee or Planning Commission shall require as conditions of the reversion that:

(1)

The owners dedicate or offer to dedicate streets, public rights-of-way or easements;

(2)

The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if necessary to accomplish the purposes of this Section; and

(3)

Such other conditions as are necessary to accomplish the purposes of this Section or necessary to protect the public health, safety, or welfare.

(g)

Filing with county recorder. Upon approval of the reversion to acreage, the final map or parcel map for reversion shall be submitted to the County Surveyor for review and certification pursuant to the Subdivision Map Act. Once the County Surveyor certifies the final map or parcel map for reversion, he or she shall deliver it to the County Recorder for filing. Reversions shall be effective when the final map or parcel map is filed with the County Recorder.

(Ord. No. 1624)

(a)

Purpose. This Section establishes procedures and standards, consistent with the requirements of the Subdivision Map Act, for the merger of contiguous parcels of land that were created under the provisions of the Subdivision Map Act or any prior State law regulating the division of land.

(b)

Requirements for parcel merger, county-initiated. Pursuant to the Subdivision Map Act and the requirements of this Section, the County may initiate the merger of two or more contiguous parcels or units held by the same owner if any one of the contiguous parcels or units does not conform to the standards for minimum parcel size established by this Code, and if all the requirements of Article 1.5, Merger of Parcels, of the Subdivision Map Act are satisfied.

(c)

Requirements for parcel merger, applicant-initiated. Requirements for Parcel Merger, applicant-initiated. Property owner(s) may request and initiate proceedings for the merger of real property by submitting an application consistent with Section 11.53.020, Application Form and Fees, and the requirements of this Section and the Subdivision Map Act. Any two or more contiguous parcels in common ownership, regardless of whether they were created by map or by conveyance, may be merged so as to create one new parcel.

(1)

An application for a merger shall be processed as an application for a ministerial permit without public notice or hearing, where all of the preexisting parcels are legal lots and any existing structures will continue to comply with all zoning and development standards once merged into a single parcel; or

(2)

In all other cases, upon receipt of a complete application, the Planning Director shall process the application and schedule the matter for a hearing before the Development Review Committee. The Development Review Committee may impose those conditions, with respect to the parcel(s) which it could require for the issuance of a conditional certificate of compliance. If the request is approved, the recording of the parcel notice of merger

shall create one new parcel out of the affected existing parcels by eliminating all common lot lines that separate such parcels from each other. The notice shall also specify the names of the record owners and particularly describing the real property.

(Ord. No. 1624)

(a)

Purpose. This Section establishes procedures and standards, consistent with the requirements of the Subdivision Map Act, for the merger and resubdivision of parcels without first reverting to acreage.

(b)

Requirements for mergers and resubdivisions. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with the applicable requirements for the subdivision of land as provided by the Subdivision Map Act and this Chapter.

(1)

A tentative parcel map and parcel map shall be required for resubdivisions creating four or fewer parcels. A tentative subdivision and final map shall be required for resubdivisions creating five or more parcels.

(2)

Any unused fees or deposits previously made pursuant to this Code pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision.

(3)

The filing of the parcel map or final map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel.

(4)

The filing of the parcel map or final map shall constitute abandonment of all public streets and public easements not shown on the map. There shall be a written notation of such abandonment listed by reference to the recording data creating said public streets or public easements. The County Surveyor shall certify such abandonments on the map.

(Ord. No. 1624)

(a)

Purpose. This Section establishes the procedures and standards for changing the boundary or boundaries between four or fewer existing adjoining parcels as provided for in Section 66412(g) of the Subdivision Map Act.

(b)

Criteria for approval of lot line adjustments. The County Surveyor shall approve a lot line adjustment, subject to certain conditions of approval pursuant to Section 66412(d) of the Subdivision Map Act, based on a determination that:

(1)

The adjustment is between four or fewer parcels and no additional parcels are created;

(2)

The adjustment is between parcels legally created in compliance with the Subdivision Map Act;

(3)

If the adjustment includes a designated Remainder Parcel from a subdivision or parcel map or a parcel created in violation of the Subdivision Map Act, a Certificate of Compliance or a Conditional Certificate of Compliance shall be required to complete the lot line adjustment, which may be processed concurrently subject to application and current fees;

(4)

The depth of a lot that is less than 330 feet wide (average) shall be not greater than three times the average width of the parcel. Nor shall such width be greater than such depth unless required for a purpose inherent with the proposed use of the lot, or physical conditions (i.e. mountain, peninsula between two roads) exist warranting such; and,

(5)

The lots proposed in the adjustment will comply with the provisions of the General Plan; any applicable specific plan; this Code; and Title X, Buildings and Construction, of the County Code.

a.

Non-conforming lots: In instances where a Lot Line Adjustment includes a lot(s) that is non-conforming as to size, width, or depth the Lot Line Adjustment will not result in creating additional non-conforming lot(s) or increase the non-conformity of an existing non-conforming lot.

(c)

Procedures. An application for a lot line adjustment shall be made to the Planning Department as outlined in Section 11.53.020, Application Form and Fees.

(1)

Within 30 days of the receipt of the application, the County Surveyor will determine if the application is deemed complete or whether additional information is necessary to determine whether the proposed adjustments meet the requirements of this Section. No Record of Survey shall be required for a lot line adjustment unless it is required by Section 8762 of the Business and Professions Code or is a condition of an accompanying Certificate of Compliance.

a.

The applicant shall submit all information necessary to determine parcels included in the lot line adjustment are legal parcels pursuant to the Subdivision Map Act.

b.

The County will not process any lot line adjustments for parcels that have Code Enforcement, Environmental Health Department or other Community Development and Services Agency liens placed on them or properties which have outstanding fees owed to the County.

(2)

An application for approval of a lot line adjustment may be subject to environmental review if the proposed lot line adjustment does not meet Subsection 11.43.040(B), Criteria for Approval of Lot Line Adjustments.

(3)

Within 30 days of the receipt of a complete application, the County Surveyor shall approve, conditionally approve, or deny the application for a lot line adjustment if the application is exempt from environmental review. If the application requires environmental review, the Planning Director shall take action in compliance with the deadlines specified in Chapter 11.54, Environmental Review and the approving authority for the Lot Line Adjustment shall be the Development Review Committee.

(4)

If the County Surveyor or Development Review Committee determines that the proposed adjustment does not meet the criteria in Subsection 11.43.040(b), Criteria for Approval of Lot Line Adjustments, the County Surveyor or Committee shall deny the adjustment and provide written notification to the applicant of the decision.

(d)

Recording with county recorder. Lot line adjustment approval will not be effective until the "Certificate of Lot Line Adjustment Approval" containing approved exhibits, and the associated documents of transfer, that shall be reflected in a deed, to affect the new resultant property boundaries and any reconveyances or modification of deeds of trust are recorded with the County Recorder.

(Ord. No. 1624)

CHAPTER 11.44 - SUBDIVISION DESIGN