Note: Prior ordinance history: Ords. 87-18, 89-15; prior
code §§ 8-1.450, 8-1.450.1, 8-1.451—8-1.4511.
The purpose of this chapter is to provide a simplified procedure
to enable the removal of previously approved parcel lines and minor
lot line adjustments to be approved by the director of community development,
exercising his or her authority as zoning administrator pursuant to
Chapter 17.14 of this code, subject to appeal to the planning commission
and council as set forth in Chapter 17.06.
(Ord. 91-9 § 3; Ord. 03-21 § 1)
For the purpose of this chapter, unless otherwise apparent from
the context, certain words and phrases used in this chapter are defined
as follows:
means an adjustment between at least two existing adjacent
parcels where the land from one parcel is added to an adjacent parcel,
and where a greater number of parcels than existed originally is not
thereby created, provided such adjustment is exempt from the Subdivision
Map Act of the state by virtue of subsection (d) of Section 66412
of the Government Code of the state
means the elimination of parcel lines between contiguous
parcels under common ownership, without reverting the land in such
parcels to acreage, pursuant to the authority set forth in Section
66499.20-3/4 of the Government Code of the state (Subdivision Map
Act).
For the purposes of this chapter, "common ownership" exists
if the title for all properties proposed for merger is vested in the
same individual, individuals, firm or partnership, and all persons
required by the Subdivision Map Act of the state to consent to the
recordation of a reversion to acreage of such parcels have consented
to the merger. The definition of "contiguous parcels" is as set forth
in Section 66424 of the Subdivision Map Act.
means the director of community development, or his or her
designated representative, operating as zoning administrator pursuant
to Chapter 17.14
(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))
Pursuant to Section 66499.20 3/4 of the Government Code of the state, the zoning administrator is authorized to approve the merger of parcels under common ownership, as defined in Section 16.16.020, without a reversion to acreage, upon the findings and utilizing the procedures set forth in this chapter.
(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))
Pursuant to subsection (d) of Section 66412 of the Government Code of the state, the zoning administrator is authorized to approve minor lot line adjustments, as defined in Section 16.16.020, upon the findings and utilizing the procedures set forth in this chapter.
(Ord. 91-9 § 3)
Article 1.5 of Chapter 3 of Division 2 of Title 7 of the Government
Code, commencing with Section 66451.10, including all amendments,
deletions and additions thereto, is incorporated into this code as
though fully set forth in this chapter. Mergers of subdivided lots
in the city shall be governed by the following provisions, except
as otherwise provided by the above-incorporated provisions of the
Government Code:
A.
Two
or more parcels or units of land which are held by the same owner
shall be and are declared to be merged if any one of the contiguous
parcels or units does not conform to standards for minimum parcel
size under the zoning ordinance of the city and if all of the following
requirements are satisfied:
1.
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
partially sited on a contiguous parcel or unit.
2.
With
respect to any affected parcel, one or more of the following conditions
exists:
a.
Comprises less than five thousand square feet in area at the time
of the determination of merger;
b.
Was not created in compliance with applicable laws and ordinances
in effect at the time of its creation;
c.
Does not meet current standards for sewage disposal and domestic
water supply;
d.
Does not meet slope stability standards;
e.
Has no legal access which is adequate for vehicular and safety equipment
access and maneuverability;
f.
Its development would create health or safety hazards;
g.
It is inconsistent with the city's general plan and/or the city's
zoning requirements, other than minimum lot size or density standards.
B.
The city planning commission may establish the standards specified in subdivisions (c) to (g) inclusive, of subsection (A)(2) of this section, which shall be applicable to parcels to be merged. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.
C.
This
section shall not apply if one of the following conditions exist:
1.
On
or before July 1, 1981, one or more parcels or units of land was/were
enforceably restricted open space 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
was timberland as defined in Government Code Section 51104, or was
devoted to an agricultural use as defined in Government Code Section
51201(b).
3.
On
July 1, 1981, one or more of the contiguous parcels or units of land
was located within two thousand feet of the site on which an existing
commercial mineral resource extraction use was being made, whether
or not the extraction was being made pursuant to a use permit.
4.
On
July 1, 1981, one or more of the contiguous parcels or units of land
was located within two thousand 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 was issued.
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For purposes of subdivisions (3) and (4) of this subsection,
"mineral resource extraction" means gas, hydrocarbon, gravel or sand
extraction, geothermal wells or other similar commercial mining activity.
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D.
Any
division, by any subdivider, of any unit of parcels declared merged
by this section for purposes of sale, lease or financing shall constitute
a "subdivision" for purposes of this chapter and the Subdivision Map
Act and shall require compliance with this chapter and the Subdivision
Map Act.
(Ord. 91-9 § 3)
An application for a merger of parcels or a minor lot line adjustment
pursuant to this chapter shall be accompanied by the following materials:
A.
The
application shall be made on a form provided by the community development
department.
B.
No
application shall be deemed complete nor accepted for filing until
the applicant therefore has paid the application fee. The council
is authorized to promulgate such fee by resolution, such fee not to
exceed the reasonable cost to process the application.
C.
The
application shall include a discussion of the purpose for the proposal,
the existing and proposed configurations of the parcels, the existing
and proposed improvements, and sketches to illustrate such items in
sufficient detail to enable the zoning administrator to determine
whether the findings required by this chapter are satisfied by the
proposal.
D.
The
application shall include a preliminary title report covering all
affected parcels.
E.
Evidence
that the real property taxes have been prepaid prior to the approval
of the lot line adjustment, in compliance with Government Code Section
66412(d).
F.
All
applications for lot line adjustments shall be accompanied by legal
descriptions which accurately describe the parcels to be created.
G.
Applications
for lot line adjustments shall also be accompanied by a deed or deeds
as necessary to convey the land subject to the lot line adjustment
as necessary to complete the transaction.
H.
All
final parcel maps and deeds required by the application shall be in
form suitable for recordation in the office of the county recorder.
I.
All
applications pursuant to this chapter shall be accompanied by a certificate
executed by all record title holders indicating their comments to
the proposed transaction, when such comments are required by the Subdivision
Map Act of the state for reversions to acreage, and shall include
information regarding adjustments of the interests held by such holders
required as a result of the proposal.
J.
All
applications pursuant to this chapter shall include an application
for a certificate of compliance pursuant to Section 66499.35 of the
Government Code of the state, with a waiver of any notice or previous
opportunity to be heard, such certificate to be issued and recorded
upon the approval of the application.
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Incomplete applications shall not be filed. The zoning administrator
shall inform the applicant of what is needed to make the application
complete.
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(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))
The zoning administrator shall not approve any application for
a merger of parcels pursuant to this chapter unless all of the following
findings are made in the affirmative:
A.
That
the application is complete and contains all of the information required
by this chapter;
B.
That
all existing streets and/or utility easements of record are reserved;
C.
That
all record title holders whose consent is required by the Subdivision
Map Act of the state with regard to a reversion of acreage have consented
to the proposed merger, and the public works department has approved
the proposal for compliance with the Act;
D.
That
the real property taxes have been prepaid in compliance with Government
Code Section 66412(d); and
E.
That
the zoning administrator is satisfied that the design of the resulting
parcel will comply with the existing requirements of this code regarding
area, improvements and design, flood and water drainage control, appropriate
improved public roads, sanitary disposal facilities, water supply
availability, environmental protection and all other requirements
of state laws and this code and is in conformity with the purpose
and intent of the general plan and zoning provisions.
(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))
A.
A merger
of parcels becomes effective at the time the city records with the
county recorder a notice of merger specifying the names of the record
owners and particularly describing the real property.
B.
Prior
to recording a notice of merger, the city 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 the city's merger ordinance 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 county recorder on the date that notice is mailed to the
property owner.
C.
At
any time within thirty days after recording of the notice of intention
to determine status, the owner of the affected property may file with
the city planning commission a request for a hearing on determination
of status.
D.
Upon receiving a request for a hearing on determination of status from the owner of the affected property pursuant to subsection C, the planning commission shall fix a time, date and place for a hearing, and shall notify the property owner by certified mail of the time, date and place for the hearing. The hearing shall be conducted not more than sixty days following the planning commission's receipt of the property owner's request for a hearing, but may be postponed or continued upon the mutual consent of the commission or its representative and the property owner.
E.
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 this chapter. At the conclusion of the hearing, the planning commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall notify the owner of its determination. In its discretion, the planning commission may make a determination of nonmerger, whether or not the affected property meets the standards for merger specified in Section 16.16.050. A determination of merger shall be recorded within thirty days after the conclusion of the hearing as provided for in subsection C.
F.
If, within the thirty-day period specified in subsection C, the owner does not file a request for a hearing in accordance with subsection E the planning commission 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 subsection A no later than ninety days following the mailing of the notice required by subsection D.
G.
If, in accordance with subsections E or F, the planning commission determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in subsection A, a release of the notice of intention to determine status, recorded pursuant to subsection B, and shall mail a clearance letter to the then current owner of record.
(Ord. 91-9 § 3)
The zoning administrator shall not approve any lot line adjustment
pursuant to this chapter unless all of the following findings are
made in the affirmative:
A.
That
the application is complete;
B.
That
all record title holders who are required by the Subdivision Map Act
of the state to consent to a reversion to acreage have consented to
the proposed lot line adjustment, and the city engineer has approved
the proposal as complying with the Act;
C.
That
the deeds to be utilized in the transaction accurately describe the
resulting parcels;
D.
That
the lot line adjustment will not result in the abandonment of any
street or utility easement of record, and that, if the lot line adjustment
will result in the transfer of property from one owner to another
owner, the deed to the subsequent owner expressly reserves any street
or utility easement of record;
E.
That
the lot line adjustment will not result in the elimination or reduction
in size of the access way to any resulting parcel, or that the application
is accompanied by new easements to provide access which meet all the
requirements of this code regarding access to parcels in the location
and of the size as those proposed to be created;
F.
That
the zoning administrator is satisfied that the design of the resulting
parcels will comply with the existing requirements as to area, improvements
and design, flood and water drainage control, appropriate improved
public roads, sanitary disposal facilities, water supply availability,
environmental protection and all other requirements of state laws
and this code and is in conformity with the purpose and intent of
the general plan and zoning provisions; and
G.
That
the real property taxes have been prepaid in compliance with Government
Code Section 66412(d).
(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))
In implementing this chapter, the zoning administrator is authorized
to, and shall, do all things required to provide notice and an opportunity
to be heard to any person whose property would be substantially affected
by the proposed application, or who has a material interest in the
proposed application, or who has requested special notice of such
application.
The zoning administrator shall provide such notice as is required
by federal or state laws or this code and shall conduct such hearings
as are required by federal or state laws or this code prior to approving
any application pursuant to this chapter.
(Ord. 91-9 § 3)
A.
Approval
Without Conditions. If the zoning administrator approves the merger
or lot line adjustment pursuant to this chapter without conditions,
he or she shall cause a certificate of compliance to be recorded in
the office of the county recorder.
B.
Conditional
Approval. If the zoning administrator conditionally approves the merger
or lot line adjustment pursuant to this chapter, he or she shall set
forth the conditions in writing and deliver such writing to the applicant.
If within no more than six months the applicant submits evidence
that all of the conditions of the approval have been satisfied, the
zoning administrator shall cause a certificate of compliance to be
recorded in the office of the county recorder, along with any deeds
necessary to complete the transaction.
(Ord. 91-9 § 3; Ord. 97-4 § 2 Exh. 1 (part))
Upon the recordation of the certificate of compliance regarding
the approval of a merger pursuant to this chapter, all separate parcels
shown on the merger application shall be merged into one parcel for
all purposes and shall thereafter be shown as such on the assessment
roll.
Upon the recordation of the certificate of compliance regarding
the approval of a lot line adjustment pursuant to this chapter, the
previous parcels shall be merged and the approved resulting parcels
shall be created and shall thereafter be shown as such on the assessment
roll.
Upon the final approval of a merger or lot line adjustment pursuant
to this chapter, the zoning administrator shall forward to the county
assessor such information as is required by the county assessor to
correct the equalized assessment roll to reflect the actions approved
by the zoning administrator.
(Ord. 91-9 § 3)
The zoning administrator or the planning commission, on motion
of either, may refer any merger or lot line adjustment initiated pursuant
to this chapter to the planning commission for decision pursuant to
the zoning ordinance of the city.
(Ord. 91-9 § 3)
Any parcel which has merged under the provisions of any law
prior to January 1, 1984 for which a notice of merger has not been
recorded on or before January 1, 1984, shall be unmerged if on that
date the parcel meets each of the following criteria:
A.
Comprises
at least five thousand square feet in area;
B.
Was
created in compliance with applicable laws and ordinances in effect
at the time of its creation,
C.
Meets
current standards for sewage disposal and domestic water supply;
D.
Meets
slope density standards;
E.
Has
legal access which is adequate for vehicular and safety equipment
access and maneuverability;
F.
Its
unmerger and development would create no health and safety hazards;
G.
The
unmerged parcel would be consistent with the applicable general plan,
other than minimum lot size or density standards, and with respect
to which one of the conditions mentioned in Section 66451.30(b)(1),
(2), (3), (4) or (5) exist.
(Ord. 91-9 § 3; Ord. 03-21 § 1 (part))
A.
Upon
written application made by the owner, the planning commission shall
make a determination that the affected parcels have merged or are
to be merged. If the planning commission determines that the parcels
are not merged, the owner shall so be notified.
C.
If the planning commission determines the parcels have merged and do not meet the unmerger requirements in Section 16.16.140, a notice of merger specifying the record owner and a description of the parcel shall be issued to the owner and recorded with the county recorder. The owner may appeal the decision of the planning commission as provided in Section 16.16.130.
(Ord. 91-9 § 3)
The fee for processing mergers and unmergers at the request
of an owner shall be set by the city.
(Ord. 91-9 § 3)
