(a) 
Any contiguous parcels or units of land held under common ownership may be merged at the request of the property owner(s), pursuant to Government Code Section 66499.20 3/4 and this section. Approval and recordation of a final or parcel map over previously subdivided property shall be deemed to have merged those properties and this section shall have no applicability in that instance.
(b) 
Record owner(s) of contiguous lots may file a request with the City Engineer to merge said contiguous parcels. The request for merger shall be made on a form prescribed by the City Engineer, and accompanied by a fee as established by City Council resolution.
(c) 
The City Engineer, in consultation with the Planning Director, may approve a voluntary lot merger only if it is determined that:
(1) 
Dedications or offers of dedication to be vacated or abandoned by the lot merger are unnecessary for present or future public purposes, or that any dedications or offers of dedication which are necessary for present or future public purposes are preserved on the merged parcels; and
(2) 
All owners of an interest in the real property within the subdivision have consented to the lot merger.
(d) 
The City Engineer may require as conditions of the lot merger:
(1) 
That all or a portion of previously paid subdivision fees, deposits or improvement securities be retained if they are necessary to accomplish any of the provisions of this chapter;
(2) 
Payment of any additional fees necessary to accomplish any of the provisions of this chapter; and
(3) 
Such other conditions as are necessary to accomplish the purposes or provisions of this Code or are necessary to protect the public health, safety, or welfare.
(e) 
A voluntary lot merger shall become effective when the City Engineer causes a notice of merger to be filed with the County Recorder.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existing is not thereby created, shall be reviewed in accordance with the provisions of this section.
(b) 
Applications for lot line adjustment shall be filed with the Department of Engineering and Building Services on forms prescribed by the City Engineer, and shall be reviewed and approved by the City Engineer in consultation with the Planning Director.
(c) 
Review by the City Engineer and Planning Director shall be limited to whether or not the parcels resulting from the proposed lot line adjustment will comply with the General Plan, Land Use Code, and California Building Code adopted by the City.
(d) 
No record of survey shall be required, unless required by Section 8762 of the Business and Professions Code.
(e) 
The City Engineer shall approve the lot line adjustment if it is determined that the proposed lot line adjustment is consistent with the General Plan and Land Use Code, that it will not create nonconforming buildings or lots pursuant to the Building Code, and that the survey data is accurate and complete.
(f) 
Filing with the County Recorder. Upon approval of the lot line adjustment pursuant to this section, the City Engineer shall file with the County Recorder a certificate of compliance of the affected parcels and a plat map showing the revised lot lines.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
Any person owning real property may request the City Engineer, in consultation with the Planning Director, to determine whether a lot or parcel was lawfully created in compliance with the Subdivision Map Act or predecessor law and this title, as of the date the lot or parcel was created. A written application for a certificate of compliance shall be accompanied by the applicable fee and a preliminary title report not more than six months old that shows the legal owners of the property.
(b) 
City Engineer review of request for certificate of compliance.
(1) 
If the City Engineer determines that the real property complies with the provisions of the Subdivision Map Act and this title, the City Engineer shall file a certificate of compliance for record with the Office of the County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and the Land Use Code of the City of San Juan Capistrano.
(2) 
If the City Engineer determines that the lot or parcel does not comply with the provisions of the Subdivision Map Act or this title at the time the owner acquired his or her interest in the property, the City Engineer may, as a condition of granting the certificate of compliance, impose conditions to bring the lot or parcel into compliance with the City’s standards that were in effect at the time of the property owner’s acquisition of the property.
(3) 
If the City Engineer determines that the lot or parcel was created in violation of the Subdivision Map Act or this title, and the current owner was the owner at the time of the illegal subdivision, the City Engineer may, as a condition of granting a certificate of compliance, impose conditions that would be applicable to a current division of property.
(4) 
Prior to issuing a conditional certificate of compliance, the City Engineer shall comply with the requirements of the California Environmental Quality Act and the City’s CEQA Guidelines, to the extent required if the conditions of the certificate are likely to have a potential impact on the environment, and shall comply with applicable notice and hearing requirements, if the decision may affect the interests of surrounding property owners.
(5) 
Upon the City Engineer’s making such a determination and establishing such conditions, the City Engineer shall file a conditional certificate of compliance for record with the Office of the County Recorder. Such certificates shall serve as notice to 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. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the City.
(6) 
The content and format of a certificate of compliance shall comply with City standards and Government Code Section 66499.35. The City may process applications for certificates of compliance for multiple parcels with a single certificate of compliance, pursuant to Government Code Section 66499.35(f).
(c) 
Official maps constitute certificate of compliance.
(1) 
A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.
(2) 
Subject to the provisions of Government Code Section 66499.35(e), an official map prepared pursuant to Government Code Section 66499.52(b) shall constitute a certificate of compliance with respect to the parcels of real property described therein.
(d) 
The granting of a certificate of compliance for any lot or parcel shall not relieve the property owner from compliance with all applicable development and building standards adopted by the City, and shall not be interpreted as approval to build on any such lot or parcel without first obtaining all required approvals and permits, and complying with all applicable code requirements.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)