CHAPTER 11-11 REVERSIONS, MERGERS, LOT LINE ADJUSTMENTS, CERTIFICATES OF COMPLIANCE

By Owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the record owners of the property. The petition shall contain the information listed in Section 11-11.01(c) of this section and any other information required by the City Engineer and the Director of Community Development.

By City Council. The City Council, at the request of any person or on its own volition may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information to initiate and conduct the proceedings. (Reference: Government Code Section 66499.12).

Contents of Petition.

The petition shall contain, but not be limited to, the following:

Evidence of title to the real property within the subdivision.

Evidence of the consent of all of the record owners that have an interest in the real property.

Sufficient data to enable the City Council to make all of the determinations and findings required by the Subdivision Map Act and this section.

A final map or parcel map which delineates dedications which will not be vacated and dedications which are a condition to reversion. The final map or parcel map shall be prepared in accordance with Chapter 6 of this title and shall be titled "The Purpose of this Map is a Reversion to Acreage."

(E)

Evidence that 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.

(F)

Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record.

(G)

Such other pertinent information as may be required by the City Engineer.

The petition, along with all required supporting data and maps as required by this section, shall be submitted to the City Engineer for review. Upon finding that the petition meets with all the requirements of the Subdivision Map Act and this section, the City Engineer shall submit the petition and final or parcel map, together with a report and recommendations of approval, conditional approval, or denial of the reversion to acreage, to the City Council for its consideration. (Reference: Government Code Section 66499.13).

Fees.

Petitions to revert property to acreage shall be accompanied by filing fees prescribed by City Council resolution in an amount which will reimburse the City for the actual, reasonable costs incurred in processing the petition. If the proceedings are initiated pursuant to Section 11-11.01(b)(2) of this section, the person or persons who request the City to initiate the proceedings shall pay the required fees.

Prior to increasing the fee for processing petitions for reversion to acreage, notice shall be given in conformity with Title 2 of the Municipal Code. (Reference: Government Code Section 66499.14).

City Council Proceedings.

A public hearing shall be held by the City Council on all proposed reversions to acreage. Notice of the public hearing shall be given as provided in Chapter 13 of this title. The City Council may give such other notice as it may deem necessary or advisable. (Reference: Government Code Section 66499.15).

The City Council may approve a reversion to acreage only if it finds and records by resolution that:

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are not required for present or prospective public purposes; and

Either:

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

(ii)

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 record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(iii)

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. (Reference: Government Code Section 66499.16).

The City Council shall require as a condition of reversion:

That the property owners dedicate or offer to dedicate streets or other public easements as required and permitted by this title and the Subdivision Map Act;

The retention of all or a portion of previously paid subdivision fees, deposits, or improvement securities if the same are necessary to accomplish any of the purposes or provisions of the Subdivision Map Act or this title;

Such other conditions of reversion as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or this title, or necessary to protect the public health, safety or welfare. (Reference: Government Code Section 66499.17).

(f)

Filing with County Recorder.

Upon approval of the reversion to acreage, the City Clerk shall transmit the final or parcel map, together with the City Council resolution approving the reversion, 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 in the property consenting to the preparation and recordation of the final or parcel map, excepting those whose signatures would not otherwise have been required pursuant to Sections 66436(a), (b), and (c) and Section 66445(f) of the Subdivision Map Act.

(g)

Effective Date.

Reversion 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 or parcel map for reversion shall be of no further force and effect. (Reference: Government Code Section 66499.18).

(Ord. 94-29, eff. 12/15/94)

Section 11-11.02 Mergers.

(a)

Mergers Required.

Two or more contiguous parcels held by the same owner shall be considered merged if one of the parcels does not conform to the minimum lot size requirements of a particular zone as set forth in Title 12 of the Municipal Code, and if all of the following requirements are satisfied:

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 structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel.

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

Comprises less than 5,000 square feet in area at the time of determination of merger.

(ii)

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

(iii)

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

(iv)

Does not meet slope stability standards.

(v)

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

(vi)

Its development would create health or safety hazards.

(vii)

Is inconsistent with the General Plan and any applicable specific plan, other than in terms of minimum lot size or density standards.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the Notice of Intention to Determine Status is recorded pursuant to this section.

Section 11-11.02(a)(1)(B)(ii) shall not apply if any of the conditions stated in Section 66451.11(b)(A), (B), (C), or (D) of the Subdivision Map Act exist.

Property shall be considered as contiguous parcels only if such parcels are adjoining, but not if such parcels are separated by roads, streets, alleys or other features deemed to be similar to these by the Director of Community Development.

Except as otherwise provided for in this section, two or more contiguous parcels which have been created under the provisions of the Subdivision Map Act, or any prior law regulating the division of land, or a local ordinance enacted pursuant thereto, or which were not subject to those provisions at the time of their creation, shall not be deemed merged by virtue of the fact that the contiguous parcels are held by the same owner, and no further proceeding under the Subdivision Map Act or this title shall be required for the purpose of sale, lease, or financing of the contiguous parcels, or any of them. (Reference: Government Code Sections 66451.10 and 66451.11).

(b)

Notice of Intention to Determine Status.

Prior to recording a Notice of Merger, the Director of Community Development shall send, by certified mail, a Notice of Intention to Determine Status to the current record owner of the property or properties. The Notice of Intention to Determine Status shall also be filed for record with the County Recorder by the Director on the same day that the notice is mailed to the property owner. The notice shall state that the affected parcels may be merged pursuant to this section and that, within 30 calendar days from the date the Notice of Intention to Determine Status was recorded, the owner may request a hearing before the Planning Commission to present evidence that the property does not meet the criteria for merger. (Reference: Government Code Sections 66451.13 and 66451.14).

Hearing on Determination of Status.

The owner of the affected property may file a written request for a hearing with the Director of Community Development within 30 calendar days after the recordation of the Notice of Intention to Determine Status. Upon receipt of the request, the Director of Community Development shall set a date and time for a public hearing before the Planning Commission and notify the owner of the date and time by certified mail. The hearing shall be conducted within 60 calendar days following receipt of the owner's request, or may be postponed or continued by mutual consent of the property owner and the Planning Commission.

At the public hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in this section.

At the conclusion of the public hearing, the Planning Commission shall determine whether or not the affected parcels are to be merged and shall notify the owner of the determination. The Notice of Merger Determination shall be mailed to the property owner by the Director of Community Development within five calendar days of the date of the public hearing. (Reference: Government Code Sections 66451.15 and 66451.16).

Determination of Merger.

If the Planning Commission makes a determination that the parcels are to be merged, a Notice of Merger shall be filed for record with the County Recorder by the Director of Community Development within 30 calendar days of the conclusion of the public hearing, unless the decision has been appealed pursuant to Section 11-11.02(e) of this section. The Notice of Merger shall specify the name of the record owner and a description of the property.

If the Planning Commission makes a determination that the parcels shall not be merged, a release of the Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Director of Community Development within 30 calendar days after the Planning Commission determination, and a clearance letter mailed to the owner by the Director of Community Development. (Reference: Government Code Sections 66451.16 and 66451.18).

Appeal Procedure.

The determination of the Planning Commission may be appealed to the City Council in accordance with Section 11-13.04(b) of this title. In the case of mergers, the City Council shall hear the appeal within 60 calendar days from the date of appeal.

If, after the hearing, the City Council grants the appeal and determines that the affected property has not been merged pursuant to this chapter, the Director of Community Development shall, within 30 calendar days after the City Council determination, file for record with the County Recorder a release of the Notice of Intention to Determine Status and mail a clearance letter to the owner.

(f)

Determination When No Hearing is Required.

If the owner does not file a request for a public hearing within 30 calendar days after the recording of the Notice of Intention to Determine Status, the Planning Commission may, at any time thereafter, make a determination that the parcels are or are not to be merged. If they are to be merged, a Notice of Merger shall be filed with the County recorder by the Director of Community Development within 90 calendar days after the mailing of the Notice of Intention to Determine Status. If the parcels are not to be merged, a release of the Notice of Intention to Determine Status shall be filed for record with the County Recorder by the Director of Community Development, and a clearance letter mailed to the owner. (Reference: Government Code Section 66451.17).

(g)

Effective Date.

A merger of parcels becomes effective when the City Clerk causes to be filed for record with the County Recorder a Notice of Merger specifying the names of the record owner and a description of the property that is merged. (Reference: Government Code Section 66451.12).

(h)

Request to Merge by Property Owner.

A merger of contiguous parcels may be initiated by the record owner.

Unmerged Parcels.

Any parcel which has merged under the provisions of any law prior to January 1, 1984, and for which a Notice of Merger had not been recorded on or before January 1, 1984, shall be unmerged if on January 1, 1984 the parcel meets each of the following criteria:

Contains at least 5,000 square feet in area.

Was created in compliance with applicable laws and ordinances in effect at the time of its creation.

Meets current standards for sewage disposal and domestic water supply.

(4)

Meets slope density standards.

(5)

Has legal access which is adequate for vehicular and safety equipment access and maneuverability.

(6)

Its unmerger and development would create no health or safety hazards.

(7)

The unmerged parcel would be consistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards.

(8)

With respect to the parcel, none of the conditions stated in Section 66451.30(b)(1), (2), (3), (4), or (5) of the Government Code exist. (Reference: Government Code Section 66451.30).

(j)

Unmergers - Request for Determination by Owner.

Upon written application made by the owner to the Director of Community Development for parcels subject to Section 11-11.02(i), the Director shall make a determination that the affected parcels have merged or, if meeting the criteria of Section 11-11.02(i), are deemed not to have merged.

If the Director determines that the parcels meet the standards specified in Section 11-11.02(i), the Director shall issue to the owner and record with the County Recorder a Notice of Status of the parcels which shall identify each parcel and declare that the parcels are unmerged pursuant to this section.

If the Director determines that the parcels have merged and do not meet the criteria specified in Section 11-11.02(i), the Director shall issue the owner, and record with the County Recorder, a Notice of Merger as provided in this chapter.

(4)

Decisions of the Director of Community Development may be appealed in accordance with Section 11-13.04(a) of this title. (Reference: Government Code Sections 66451.31 and 66451.32)

(k)

Fees for Mergers and Unmergers.

Mergers and unmergers undertaken at the request of an owner shall be accompanied by filing fees paid by the owner as prescribed by City Council resolution and in an amount which will reimburse the City for the actual, reasonable costs incurred in processing the merger or unmerger.

Prior to increasing the fee for processing mergers and unmergers, notice shall be given in conformity with Title 2 of the Municipal Code.

(Ord. 94-29, eff. 12/15/94; Ord. 2016-05 § 24, eff. 3/2/16)

Section 11-11.03 Lot Line Adjustments.

(a)

Applicability.

Any affected property owner desiring a lot line adjustment between two or more existing parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, shall file an application for a lot line adjustment with the Director of Community Development. (Reference: Government Code Section 66412(d)).

(b)

General.

The City shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to Title 12 of the Municipal Code and to the Uniform Building Code.

The City shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to Title 12 of the Municipal Code and to the Uniform Building Code, or except to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition of approval of a lot line adjustment.

The Director of Community Development shall constitute the advisory agency with respect to approving lot line adjustments. (Reference: Government Code Section 66412(d)).

Procedure.

Submittal Requirements. All lot line adjustment applications shall be submitted to the Director of Community Development and shall include the following items:

The lot line adjustment Application form (signed and notarized original plus five copies).

The environmental clearance application.

The original exhibit plus five copies that shows, at minimum, the following:

For each lot, all bearings and distances, lot areas, lot numbers (existing and new), assessor's parcel numbers, all existing easements.

(ii)

Abutting streets and alleys showing names, center lines, and widths.

(iii)

Label "lot line being deleted" (shown as dashed line) and "new adjusted lot line" with dimensions between them.

(iv)

Vicinity map, north arrow, and graphic scale.

(v)

All structures, walls, fences and trees that are located on the property.

(vi)

The tract number and project name (given out by the Director of Community Development).

One copy of a title report.

(E)

Boundary calculations and any other boundary data required by the City Engineer.

(F)

The required filing fees (see Section 11-11.03(h)).

Processing of Application.

The application shall be transmitted by the Director of Community Development to the City Engineer for his or her review and approval. The City Engineer will review the application for accuracy and completeness. If the application contains errors or is incomplete, the City Engineer will transmit a correction list to the Director of Community Development. The Director will send the correction list to the applicant. When the revised application is resubmitted, it shall be sent to the City Engineer for further review. This process is repeated until the application meets the requirements of the City Engineer.

Once the application meets the requirements of the City Engineer, the application shall be signed and approved by a representative of the Public Works Department. The signed application is transmitted to the Director of Community Development for his or her approval.

Approval.

Within 30 calendar days after receiving the signed application from the City Engineer the Director of Community Development shall make all findings required by this title and the Subdivision Map Act, including those set forth in Sections 66473.5, 66474.1 and 66474.6, and shall approve or deny the application and report his or her action to the applicant(s). The approved application shall be transmitted to the City Clerk for recordation with the County Recorder.

Filing with County Recorder.

After the applicant(s) pays the required processing fees to the City Clerk, the City Clerk shall transmit the lot line adjustment to the County Recorder for recordation.

(f)

Lot Line Adjustment Reflected in Deed.

After the lot line adjustment is filed for record with the County Recorder, the new adjusted lots must be reflected in a recorded grant deed to officially adjust or remove a lot line or lines. No permits contingent upon a lot line adjustment shall be issued until a copy of the recorded grant deed is submitted to the City. (Reference: Government Code Section 66412(d)).

(g)

Appeals.

Actions of the Director of Community Development on lot line adjustments under this chapter are of such a nature that they do not constitute a significant or substantial deprivation of the property rights of others. Nevertheless, within 14 calendar days of the action on the lot line adjustment by the Director, any interested person may appeal the decision of the Director to the Planning Commission in accordance with Section 11-13.04(a) of this title.

(h)

Fees.

Lot line adjustments shall be accompanied by filing fees prescribed by City Council resolution in an amount which will reimburse the City for the actual, reasonable costs incurred in processing the application.

Section 11-11.04 Certificates of Compliance.

Prior to increasing the fee for processing lot line adjustments, notice shall be given in conformity with Title 2 of the Municipal Code.

(Ord. 94-29, eff. 12/15/94)

(a)

Applicability.

Any owner of real property within the City may file an application to request the Director of Community Development to determine whether such real property complies with the provisions of this title and the Subdivision Map Act. The Director may then either issue a Certificate of Compliance or Conditional Certificate of Compliance in accordance with this section. (Reference: Government Code Section 66499.35)

(b)

Submittal Requirements.

An application for a Certificate or Conditional Certificate of Compliance shall consist of the following:

A completed application form for each parcel.

Five copies of an 8 1/2″ by 11″ plot plan.

One copy of the latest deed recorded for the property showing the current ownership, and one copy of a preliminary title report.

Legible copies of all documents that show when the parcel was originally created. These documents include, but are not limited to, grant deeds, contracts of sale, records of survey, and court adjudications.

(E)

Copies of any available building permits, if applicable.

(F)

One list (on mailing labels) of all owners of record property located within 300 feet of the boundaries of the subject parcel(s). A sufficient number of first class postage stamps shall be submitted to cover the cost of mailing the legal notices to the property owners who appear on the list. An affidavit of mailing signed by the person preparing the list shall accompany the labels and stamps.

(G)

The required filing fee (see Section 11-11.04(e)).

The Director of Community Development and the City Engineer shall review the application for completeness. Once the application is determined to be complete, a public hearing will be scheduled within 30 calendar days of determining the application is complete.

Public Hearing.

The Director of Community Development shall hold a public hearing on the Certificate or Conditional Certificate of Compliance in accordance with the procedures described in Chapter 13 of this title. After receiving any testimony, the Director will then issue either the Certificate or Conditional Certificate of Compliance.

Issuance.

If the Director of Community Development determines that the real property was divided in compliance with the Subdivision Map Act and this title that were applicable at the time the property was divided, the Director shall cause a Certificate of Compliance to be filed for record with the County Recorder.

If the Director of Community Development determines that the real property was divided in violation of a section or sections of the Subdivision Map Act or this title that were applicable at the time the property was divided, the Director may, as a condition of granting the Certificate of Compliance, impose such conditions as would have been applicable to the division of property at the time the owner acquired his or her interest therein, and which had been established at such time by this title and the Subdivision Map Act. Upon making such a determination and establishing such conditions, the Director shall cause a Conditional Certificate of Compliance to be filed for record with the County Recorder. Such certificate shall serve as notice to the property owner, future purchaser, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

A valid recorded final map or parcel map shall constitute a Certificate of Compliance with respect to the parcels of real property described therein.

Fees.

A fee of the actual, reasonable cost to the City shall be charged to the applicant for making the determination and processing the Certificate or Conditional Certificate of Compliance. A deposit may be required by the Director of Community Development to be applied toward this fee.