This chapter establishes requirements for special-purpose procedures related to subdivisions, including lot line adjustments, certificates and conditional certificates of compliance, condominiums and condominium conversions.
(Prior code § 18.06.010; Ord. 94-16, 1994)
A. 
Purpose of Process. As provided by Map Act Section 66412(d), the lot line adjustment procedure is for the purpose of relocating lot lines between two or more adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. A lot line adjustment shall be processed as provided by Sections 18.06.110 through 18.06.130 of this chapter.
B. 
Allowed Use of Lot Line Adjustments. For the purposes of this section, an "adjacent parcel" is one that directly touches all other parcels involved in the adjustment. A proposed lot line adjustment which includes any parcel that does not have at least one common point on a boundary with all other parcels in the adjustment shall be considered a resubdivision, and shall instead be processed as a new subdivision in compliance with Section 18.01.030 of this title. Lots combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.
(Prior code § 18.06.100; Ord. 94-16, 1994)
A lot line adjustment application shall be prepared, filed and processed as provided by this section.
A. 
Application Content. The application shall include the form provided by the department, the required filing fee, and the following materials and information:
1. 
Lot Line Adjustment Plan. A lot line adjustment plan shall be accurately drawn to scale, and shall include the following information:
a. 
Size and Scale. The lot line adjustment plan shall be prepared on paper with a maximum sheet size of 18 by 26 inches, and drawn to a scale of one inch equals 100 feet, or other scale as necessary to show all details clearly.
b. 
Record Data. All exterior and interior lot lines shall be shown on the plan and shall be identified by course and bearing descriptions, based on survey data, calculated data, or information of record. If a survey is done, any monuments established must be shown on a record of survey or a parcel map.
c. 
Lot Lines. Proposed lot lines and lot lines to be eliminated shall be so identified in written notation or by legend. Lines to be eliminated shall be dashed or otherwise drawn so as to be clearly distinguishable from, and subordinate to remaining and new lot lines.
d. 
Lot Areas. Areas of existing and proposed parcels.
e. 
Structures. All existing structures and any other improvements existing on the site. Also show the distance between structures and the distances from existing structures to the boundary lines of existing and proposed parcels. When deemed necessary by the department, such distances shall be determined through survey by a registered civil engineer or licensed land surveyor.
f. 
Easements. The locations, purpose and width of all existing and proposed easements, streets and appurtenant utilities.
g. 
Land Forms. The approximate location of any water courses, drainage channels, existing drainage structures, and major topographic or built features.
h. 
Flood Hazard. Areas subject to inundation or storm water overflow.
i. 
Other Information. Legal descriptions and assessor's parcel numbers of the parcels included within the adjustment, a north arrow and scale, a vicinity map, and the names, addresses and phone numbers of affected property owners and their agents.
2. 
Legal Descriptions. A legal description of each proposed parcel, prepared by a registered civil engineer or licensed land surveyor.
3. 
Justification. The application shall contain any additional information necessary to explain the request. Statements may also be submitted to show how the required findings are met by the proposed adjustment.
B. 
Processing.
1. 
Lot line adjustment applications shall be submitted to the department and shall be processed according to the procedures specified by Section 18.02.100 of this title. No environmental review in compliance with Section 18.02.140 of this title shall be required, in compliance with Section 15305 of the CEQA Guidelines.
2. 
The director shall schedule the lot line adjustment for review by the subdivision committee. The committee shall review the proposed adjustment for compliance with the provisions of this chapter, and will recommend that the commission approve or disapprove the proposed adjustment in compliance with Section 18.06.120 of this chapter.
(Prior code § 18.06.110; Ord. 94-16, 1994)
After a public hearing (Section 18.02.210), the commission may approve, conditionally approve, or deny the lot line adjustment as set forth in this section. Decisions made by the commission may be appealed to the council as set forth in Section 18.02.510 of this title.
A. 
Required Findings. The commission shall deny a proposed lot line adjustment if it finds any of the following:
1. 
The lot line adjustment does not maintain a position with respect to general plan consistency, parcel design, minimum lot area, environmental quality, and public health and safety criteria as specified in this title and other applicable municipal code and state law provisions relating to real property divisions, which is equal to or better than the position of the existing lots before adjustment.
2. 
The adjustment will have the effect of creating a greater number of parcels than are buildable in compliance with applicable provisions of this title, or the zoning ordinance (Title 19 of this code) than exist before adjustment.
3. 
Any parcel resulting from the adjustment will conflict with applicable regulations in the zoning ordinance.
4. 
The adjustment will result in an increase in the number of nonconforming parcels.
An adjustment for which the above findings are made may instead be resubmitted as a subdivision in compliance with Section 18.01.030 of this title.
B. 
Conditions of Approval. In approving a lot line adjustment, the commission shall adopt conditions as necessary to conform to the requirements of this title and the zoning ordinance, or to facilitate the relocation of existing utilities, infrastructure, or easements.
(Prior code § 18.06.120; Ord. 94-16, 1994)
Within 24 months after approval of a lot line adjustment, the adjustment process shall be completed as set forth in this section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied.
A. 
Completion by Deed. A lot line adjustment shall not be considered legally completed until either a grant deed or a quit claim deed signed by the record owners has been recorded. The applicant shall submit deeds to the city engineer for review and approval as set forth in subsection C of this section before recordation of the grant deed or quit claim deed. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in California.
B. 
Completion by Record of Survey. If required by Section 8762 et seq., of the Business and Professions Code, a lot line adjustment shall not be considered legally completed until a record of survey has been checked by the city engineer and sent to the county recorder for recordation. Where not required, a lot line adjustment may also be completed by record of survey in compliance with this subsection at the option of the applicant.
C. 
Review and Approval by City Engineer. The city engineer shall:
1. 
Examine the deeds to ensure that all record title owners have consented to the adjustment.
2. 
Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the subdivision committee.
3. 
If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds.
4. 
After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.
D. 
Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within 24 months of approval.
(Prior code § 18.06.130; Ord. 94-16, 1994)
Certificate of compliance applications are filed to establish a legal record where the city officially recognizes an existing parcel that was not created by approved subdivision map as a legal lot. A conditional certificate of compliance (Section 18.06.210) is used to validate a parcel where the property was not divided legally. Section 66499.35 of the Map Act makes approval of certificates mandatory. Any person owning real property, or a vendee of that person in compliance with a contract of sale of the property, may request a certificate of compliance. The preparation, filing and processing of certificate applications shall occur as follows:
A. 
Application. A certificate of compliance application shall include the form provided by the department, the required filing fee, and a chain of title, consisting of copies of all deeds beginning prior to the division and thereafter, unless the parcels were created through a recorded subdivision map.
B. 
Review and Approval. The department shall review all available information and make a determination whether the real property was divided in accordance with the Map Act, this title, and other applicable provisions of this code. Upon making the determination, the department shall cause a certificate of compliance to be filed with the county recorder. In the event that the department determines that the real property does not comply with the provisions of the Map Act or this title, the application shall instead be processed as a conditional certificate of compliance (Section 18.06.210).
C. 
Form of Certificate. The certificate of compliance shall identify the real property and shall state that the division complies with the provisions of the Map Act and this title.
D. 
Effective Date of Certificate. A certificate of compliance shall not become final until the document has been recorded by the county recorder.
(Prior code § 18.06.200; Ord. 94-16, 1994)
A conditional certificate of compliance is used to validate a parcel that was not legally divided. If the current owners are the original dividers, conditions may be based on current standards. The preparation, filing and processing of a conditional certificate of compliance application shall occur as set forth in this section.
A. 
Application. An application for a conditional certificate of compliance shall be prepared and include the same materials as a certificate of compliance (Section 18.06.200).
B. 
Review and Approval. The processing, review and approval of the application shall occur as follows:
1. 
Staff Report. The department shall prepare a staff report that:
a. 
Describes the history of the land division;
b. 
Determines whether the property was legally divided, as set forth in Section 18.06.200(B) of this chapter;
c. 
References provisions of state law and city (or earlier county) ordinances applicable to the subdivision at the time the division in question occurred;
d. 
Recommends appropriate conditions of approval.
2. 
Review by Subdivision Committee. The director shall schedule the conditional certificate of compliance for review by the subdivision committee. Upon making a determination that the real property does not comply with the provisions of the Map Act or this title, the committee shall grant a conditional certificate of compliance, imposing conditions as provided by subsection C of this section.
C. 
Conditions of Approval. If the owners of the property for which a certificate is requested are the original subdividers, the subdivision committee may impose any conditions that would be applicable to a current subdivision, as provided by the Map Act and this title, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the subdivision committee may only impose conditions that would have been applicable at the time the property was illegally divided.
D. 
Appeal. The conditions imposed by the subdivision committee may be appealed to the commission as set forth in Section 18.02.510 of this title.
E. 
Completion of Process. Following expiration of the ten-day appeal period after the subdivision committee has made their determination and imposed conditions, the department shall cause a conditional certificate of compliance to be filed with the county recorder. The certificate shall identify the property, and serve as notice to the property owner or vendee who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property.
F. 
Effective Date of Certificate. A conditional certificate of compliance shall not become effective until the document has been recorded by the county recorder.
(Prior code § 18.06.210; Ord. 94-16, 1994)
A tentative map for a condominium or other common interest development (including a community apartment project, planned development or stock cooperative, as provided by California Civil Code Section 1351), shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth by this title in Sections 18.02.100 et seq., for tentative maps. Sections 18.04.100 et seq., and 18.04.200 et seq., determine whether a parcel or final map must also be filed.
(Prior code § 18.06.300; Ord. 94-16, 1994)
A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code. A conversion shall require the approval of a tentative map, and parcel or final map, except where a parcel map, or tentative and final map are waived for the conversion of a mobilehome park as provided by Map Act 66428(b). If a parcel map is waived for conversion of a mobilehome park in compliance with Map Act 66428(b), a tentative map shall still be required.
A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Sections 18.02.100 et seq., and, where applicable, Sections 18.04.100 et seq., or 18.04.200 et seq., with the following exceptions:
A. 
Application Contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, as follows:
1. 
Tentative Map. The tentative map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how division will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units.
2. 
Public Notice Materials. In addition to the public notice materials required by Section 18.02.210(C) of this title, submit stamped, Number 10 envelopes addressed to each tenant of the property being converted.
3. 
Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10.
B. 
Staff Report. The staff report on the tentative map for the condominium conversion (Section 18.02.150) shall be served upon the subdivider and each tenant of the subject property at least three days before any hearing or action on the tentative map by the commission or council.
C. 
Public Notice. The following notice shall be provided in addition to that required by Section 18.02.210 of this title:
1. 
Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the department satisfactory proof that such notice was given.
2. 
Public Hearing Notice. Notice of the public hearing(s) on the tentative map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.
D. 
Approval of Conversion, Required Findings.
1. 
Time Limit, Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with Section 18.02.120(A) of this title. The one hundred twenty-day time limit may be extended by mutual consent of the subdivider and the city.
2. 
Conversion Findings, Residential Projects. Approval of a tentative or final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.
E. 
Completion of Conversion. The filing, approval and recordation of a parcel map or final map in compliance with Chapter 18.04 of this title shall be required to complete the subdivision process, except where a parcel map, or tentative and final map are waived for the conversion of a mobilehome park in compliance with Map Act Section 66428(b).
(Prior code § 18.06.310; Ord. 94-16, 1994)