Chapter 9.106
ADDITIONAL SUBDIVISION PROCEDURES
Sections:
9.106.020 Certificates of compliance.
9.106.030 Condominiums and condominium conversions.
9.106.040 Lot line adjustments.
9.106.070 Reversion to acreage.
9.106.080 Resident initiated mobile home park conversion.
9.106.010 Purpose of chapter.
This chapter establishes requirements consistent with the Map Act for certificates of compliance, condominiums and condominium conversions, lot line adjustments, official maps, parcel mergers, and reversions to acreage. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.106.020 Certificates of compliance.
A. General provisions.
1. The City shall process and approve or disapprove applications for certificates of compliance as provided by Map Act Sections 66499.34 and 66499.35, and as specified by this section.
2. Filing criteria and applicability.
a. A recorded certificate of compliance may be requested by any person owning real property to have the Director determine whether the property complies with the provisions of this Development Code.
b. A certificate of compliance may be required by the Department with the recordation of a notice of merger.
c. A recorded certificate of compliance shall be required of all lot line adjustments.
d. When contiguous deeds or surveys have ambiguities in which the property boundary cannot be ascertained as determined by the City Engineer and an agreement is reached to establish the line by all parties, a boundary line agreement and a certificate of compliance shall be recorded.
e. When determined by the City Engineer, a certificate of compliance may be required for the remainder parcel(s) on parcel or final maps.
B. Application. An application for the approval of a certificate of compliance or conditional certificate of compliance shall be filed with the Director and include the information required by the Director, together with the processing fee specified by the City’s Fee Schedule.
C. Review and action. The Director shall review the completed application in light of public records and applicable law. If the Director and City Engineer are able to determine from this review that the parcel is clearly in compliance with the provisions of this chapter and the Map Act, a certificate of compliance shall be issued and delivered to the County Recorder for recordation. If the Director and City Engineer are unable to determine from this review that the parcel is clearly in compliance, the procedures specified in Map Act Section 66499.35 shall apply. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.106.030 Condominiums and condominium conversions.
Condominiums and condominium conversions shall comply with the following requirements:
A. Condominiums. When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a tentative map for the project 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 in compliance with Chapter 102 of this title (Tentative Map Filing and Processing). Chapter 104 of this title (Parcel Maps and Final Maps) determines whether a parcel or final map shall also be filed.
B. Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by California Civil Code Section 1351.
1. Approvals required. 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 in compliance with Map Act Section 66428(b) or Section 66428.1 for the conversion of a mobile home park (see Section 9.106.080 (Resident initiated mobile home park conversion)). If a parcel or final map is waived, a tentative map shall still be required. A record of survey shall be filed for a field survey required in Map Act Section 66428.1 in compliance with Business and Professions Code Section 8765(c).
2. Application filing and processing. 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 specified in Chapter 102 of this title (Tentative Map Filing and Processing), except as otherwise provided by the following provisions of this section.
3. Application contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, which shall also include the following information and materials.
a. Residential condominium conversions. Applications for residential condominium conversions shall only be accepted for developments located within the R-2-A and R-2 Districts.
b. Site plan review application required. A site plan review application in compliance with Chapter 56 of this title shall be filed and processed concurrently with the tentative map application.
c. Tentative map. The tentative map for a condominium, community apartment project, or the conversion of five (5) or more existing dwelling units to a stock cooperative need not show the structures 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 the subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units by the City Engineer.
d. 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.
e. Relocation assistance program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing shall be provided concurrently with the tentative map application.
f. Residential units are more than six (6) months old. For condominium conversions where the residential units are more than six (6) months old, the relocation assistance program required in compliance with subsection (B)(3)(e) of this section shall contain the following:
(1) An assistance plan for the relocation of tenants in comparable housing; and
(2) A report by the developer detailing the number and location of available rental housing units in the general location of the proposed condominium conversion project of comparable price range, unit size, and amenities to those of the proposed project.
g. Vacancy rate assessment. An assessment of the vacancy rate in multifamily housing within the City shall be provided concurrently with the tentative map application.
4. Staff report. The staff report on the tentative map for the condominium conversion shall be provided to the subdivider and each tenant of the subject property at least three (3) days before any hearing or action on the tentative map by the Commission.
5. Public notice. The following notice shall be provided in addition to that required by Chapter 88 of this title (Public Hearings):
a. Tenant notice. The subdivider shall give notice to all existing or prospective tenants in compliance with Map Act Section 66452.51, and shall provide the Department satisfactory proof that the notice was given; and
b. 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.
6. Approval of conversion, required findings.
a. Time limit, stock cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within one hundred twenty (120) days of the application being found complete in compliance with Section 9.102.030 (Tentative map filing, initial processing). The one hundred twenty (120) day time limit may be extended by mutual consent of the subdivider and the City.
b. 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 review authority first finds all of the following to be true:
(1) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received, in compliance with Map Act Section 66452.17, written notification of intention to convert at least sixty (60) days before the filing of a tentative map in compliance with Map Act Section 66452. There shall be a further finding that each tenant, and each person applying for the rental of a unit in the residential real project, has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Map Act Chapter 3 (commencing with Section 66451). In addition, a finding shall be made that each tenant has received ten (10) days’ written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that the report will be available on request. The written notices to tenants required by this subsection shall be deemed satisfied if the notices comply with the legal requirements for service by mail.
(2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within ten (10) days of approval of a final map for the proposed conversion.
(3) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given one hundred eighty (180) days’ written notice of intention to convert before termination of tenancy due to the conversion or proposed conversion. The provisions of this subsection shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code.
(4) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of their respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report in compliance with Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of their intention not to exercise the right.
(5) This subsection shall not diminish, limit, or expand, other than as provided herein, the authority of the City to approve or disapprove condominium projects.
7. Completion of subdivision process. The filing, approval, and recordation of a parcel or final map in compliance with Chapter 104 of this title (Parcel Maps and Final Maps) 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 mobile home park in compliance with Map Act Section 66428.1 (see Section 9.106.080 (Resident initiated mobile home park conversion)). Where the maps have been waived, a certificate of compliance shall be recorded to complete the conversion action. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.106.040 Lot line adjustments.
A lot line adjustment is permissible in compliance with Map Act Section 66412(d), and the following:
A. Application.
1. A lot line adjustment is between four (4) or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed are not created.
2. An application for a lot line adjustment shall be prepared by a licensed land surveyor or civil engineer authorized to practice land surveying by the State of California, shall be filed with the Director, and shall include the information required by the Department, together with the processing fee specified by the City’s Fee Schedule. No tentative, parcel, or final map shall be required for a lot line adjustment. A record of survey may be required to facilitate the preparation of the legal description to ensure the accuracy of the description or the elimination of the encroachments.
B. Lot line adjustment procedures.
1. Approval. After consultation with the City Engineer, the Director shall approve a lot line adjustment; provided, that all criteria specified in Map Act Section 66412(d) are met to the Director’s satisfaction.
2. Findings. The Director shall make all of the following findings before approval of a lot line adjustment:
a. The proposed lot line adjustment is consistent with the General Plan, this Development Code, and any applicable specific plan; and
b. The proposed lot line adjustment will not adversely affect public health and safety.
3. Post approval actions. The City Engineer shall submit a certificate of compliance or a conditional certificate of compliance, along with new grant deeds and appropriate trust deeds which describe the new boundaries of the parcels to the County Recorder for recordation. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.106.050 Official maps.
A. Purpose. The purpose of this section is to provide procedures for official maps.
B. Applicability. Official maps shall be required as described in Map Act Section 66499.52.
C. Procedures. Official maps shall be reviewed and processed using the procedures specified in Chapter 102 of this title (Tentative Map Filing and Processing), the procedures pertaining to the processing and approval of parcel maps or final maps in Chapter 104 of this title (Parcel Maps and Final Maps), and the provisions of Map Act Division 3 (Official Maps). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.106.060 Parcel mergers.
A. Procedures for merger of parcels. Two (2) or more parcels may be merged as follows:
1. Parcels may be merged in compliance with the procedures specified in Map Act Division 2, Chapter 3, Article 1.5. A parcel or unit may be merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size as specified by this Development Code applicable to the parcels or units of land, and if all of the requirements of Map Act Section 66451.11 are satisfied. Parcel mergers may be mandatory mergers initiated by the City or voluntary mergers initiated by the property owner.
2. Parcels may also be merged in compliance with Map Act Section 66499.20-1/2 or 66499.20-3/4 pertaining to the reversion to acreage.
B. Voluntary merger of contiguous parcels.
1. Description and purpose. It is the purpose of this section to allow property owners to request a voluntary merger of contiguous parcels that are under the same ownership.
2. Process. The property owner shall file an application for a parcel merger. The Director shall be the review authority. The merger of the subject parcels becomes effective when the Director causes a notice of merger specifying the names of the record owners and a description of the real property to be filed for record with the County Recorder.
3. Requirements. A parcel may be merged with one or more contiguous parcels held by the same owner: if any one of the contiguous parcels held by the same owner does not conform to standards for minimum parcel size or dimension specified by the applicable land use zoning district; if the property owner wishes to construct a structure across the property line(s) of two (2) or more contiguous parcels; or, if at least one of the parcels meets one or more of the requirements specified in the Map Act Section 66451.11(b).
C. Findings. The Director shall find that all of the following are true before recording a notice of merger.
1. The parcels to be merged at the time of merger are under common ownership;
2. The parcels as merged will be consistent with or be more closely compatible with the applicable land use zoning district regulations and any other planning policies relating to the subject property and parcel configuration;
3. The parcels as merged will not be deprived of legal access as a result of the merger and access to the adjoining parcels will not be restricted by the merger; and
4. All current and any delinquent taxes have been paid on all affected parcels.
D. Post approval actions.
1. If the merger is processed in compliance with Map Act Chapter 3, Article 1.5, the Director shall submit a notice of merger to the County Recorder for recordation in compliance with Map Act Section 66451.19.
2. If the merger is processed in compliance with Map Act Section 66499.20-1/2 or 66499.20-3/4, the City Engineer shall follow the procedures for the approval and recordation of a parcel map in compliance with Section 9.104.060 (Parcel map approval) or for the approval and recordation of a final map in compliance with Section 9.104.100 (Final map approval).
E. Requirements for unmerger of parcels. The unmerger of parcels within the City shall comply with Map Act Division 2, Chapter 3, Article 1.7. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.106.070 Reversion to acreage.
A. General provisions.
1. A reversion to acreage shall be initiated, processed, reviewed, and approved or disapproved in compliance with Map Act Chapter 6, Article 1.
2. An application for reversion submitted by a property owner shall include all information required by the Department, and shall include the fee required by the City’s Fee Schedule.
3. A parcel map may be filed to revert to acreage land previously subdivided that consists of four (4) or less contiguous parcels, in compliance with Map Act Section 66499.20-1/4.
B. Procedures.
1. The Commission shall hold a public hearing on all petitions for, and Council initiations of, reversions to acreage.
2. In the case of a reversion to acreage by parcel map, the Commission may approve the reversion to acreage only if it first makes all of the findings required by subsection C of this section.
3. For a reversion to acreage by final map, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the reasons for the recommendation and shall be transmitted to the Council. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing. The Council may approve a reversion to acreage only if it first makes all of the findings required by subsection C of this section.
C. Findings. Before approval, the review authority shall first find that all of the findings required by Map Act Section 66499.16 are true.
D. Post approval actions. After the hearing before the Commission and/or the Council and approval of the reversion to acreage, the parcel or final map shall be delivered to the City Engineer. The reversion to acreage shall be effective upon the parcel or final map being filed for recordation by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the parcel or final map for reversion shall be of no further force or effect.
E. Effect of reversion. The filing of a parcel map or final map to complete a reversion to acreage shall also constitute the merger of the separate parcels into one parcel, in compliance with Map Act Section 66499.20-1/2. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.106.080 Resident initiated mobile home park conversion.
A. Purpose. The purpose of this section is to facilitate resident purchase of mobile home parks. This section allows the waiver of certain subdivision requirements and expedites local government processing for mobile home park conversions to condominiums or stock cooperatives. These conversions will preserve an important source of affordable housing.
B. Applicability. For the purposes of this section, an application for subdivision shall be considered “resident initiated” when signed by a resident organization formed by the tenants of the subject mobile home park for the purpose of purchasing the mobile home park. The proposed conversion shall be supported by a minimum of two-thirds (2/3) of the current residents of the park. The resident organization shall have a legally binding contract, which, if the conditions of the contract are met, would result in the acquisition of an interest in the mobile home park. A pre-application conference may be requested by the applicant(s) before formation of the resident organization or before entering into a legally binding contract, provided the Director determines in writing that it is reasonable to believe that the contract may be entered into within a twelve (12) month period.
C. Exclusions. The provisions of this section shall not apply to:
1. The purchase of a mobile home park by a nonprofit corporation which is subject to the provisions of Business and Professions Code Section 11010.8; or
2. Special occupancy parks (e.g., recreation vehicle parks) as defined in Mobile Home Parks Act Section 2008 of the California Code of Regulations Title 25.
D. Waiver of tentative and final map requirements. Notwithstanding other provisions of this chapter, the requirement for the filing of a tentative map and the preparation, filing, and recordation of a final map for a mobile home park conversion to a condominium or stock cooperative on a single parcel may be waived by the Director in compliance with Map Act Section 66428.1, provided the following procedures are followed by a resident organization desiring to convert their park and the necessary findings are made by the Director:
1. Pre-application conference. Before filing an application for mobile home park conversion, the resident association shall have a pre-application conference with the Director. The purpose of this conference is to determine that the proposal qualifies under the provisions of this section. The following information shall be submitted with the application for the conference:
a. Previously approved plot plan for the mobile home park. If none exists, a plot plan shall be filed in compliance with the requirements established by and available at the Department.
b. A supplemental report to include the following information:
(1) Name of consultants, if any.
(2) Disclosure of all known fees and costs for the conversion process.
(3) Documentation demonstrating that a minimum of two-thirds (2/3) of the residents of the mobile home park support the proposed conversion.
(4) Declarations from those residents supporting the conversion that their principal place of residence is within the subject mobile home park.
(5) The location of the park and results of a field inspection done by the applicant(s) or consultant regarding the status of the compliance of the park with the City health and safety standards in effect at the time the park was created. Any on-site dedications or public improvements to be required shall be specified by the Director.
(6) Proposed tentative schedules to expedite meeting and coordinating any requirements of the Director and the Department of Real Estate, including but not limited to the public report. The schedule shall include an outline of the permits and noticing required allowing this conversion and the estimated time at which the permits are obtained.
(7) Evidence showing that the sixty (60) day notice of intent to file the conversion application (as required by Map Act Section 66427.1(a)) has been met.
(8) Initial report on the impact of the conversion on the residents of the mobile home park. This report is needed to determine whether an impact report as required in Map Act Section 66427.4 is needed. The report shall specify whether any residents of the park are to be involuntarily displaced and any proposed measures to mitigate the displacement. A resident, who is offered an opportunity to remain in the park after the conversion through continuation of the tenancy at generally the same terms as existed before proposed conversion, shall not be considered involuntarily displaced. At the pre-application conference the Director shall indicate whether an impact report needs to be filed with the formal application for the conversion. If it is required, the Director shall identify in detail any additional items to be required as mitigation measures to assist any displaced residents. No current resident shall be involuntarily displaced without proper notice, assistance, or compensation, to be worked out on a case-by-case basis. The noticing, assistance, or compensation may include the following:
(a) The project shall comply with the Mobile Home Residency Law, Civil Code Section 798 et seq.
(b) The project applicants may be required to provide relocation assistance in compliance with Federal, State, or local laws.
c. The Director shall field check the park before the scheduled meeting. The Director shall establish if the proposed mobile home park conversion meets the intent and is capable of meeting the provisions of this section. The Director shall attempt to inform the applicant(s) at the earliest opportunity if a public hearing is to be required. If the proposed mobile home park conversion is acceptable, the Director shall identify the information the applicant needs to file to proceed with the proposal. The information shall include the following:
(1) If the parcel upon which the park lies was created before January 1, 1974, a parcel map application shall be required. The application shall be processed concurrently with any other information filed in compliance with the pre-application conference.
(2) Mobile home park conversion impact report, if required at the pre-application conference to meet the requirements of Map Act Section 66427.4. The report shall be given to each resident within the mobile home park.
(3) Mobile home park plot plan if no plot plan was previously approved.
(4) Any special information which was specified by the Director. Among the information may be information to assist in the environmental review of the proposal.
(5) Certificate of compliance application.
d. The review and processing of any application in compliance with this section shall be subject to the same review and time requirements and appeal procedures as are provided in this chapter for tentative maps. In any case where waiver of the tentative and final map is granted, the Director shall cause to be filed for record with the County Recorder a certificate of compliance in compliance with this chapter. The Director may require a public hearing in compliance with Chapter 88 of this title (Public Hearings). Should a public hearing be required, the noticing provisions of Map Act Section 66451.3 shall be met.
2. Findings for approval. A mobile home park conversion shall be approved or conditionally approved only if all of the following are first found to be true:
a. The mobile home park complies with the requirements established by State law and City ordinance for these uses at the time the mobile home park was constructed. The regulations shall include those regarding area, improvement and design, flood water drainage control, public roads, sanitary disposal facilities, water supply and distribution systems, environmental protection, and other requirements of the Map Act and this chapter;
b. Any measures necessary to mitigate the impact of the conversion on current residents of the park have been required as conditions of approval; and
c. Applicable noticing requirements of the Map Act have been, or will be met.
3. Conditions of approval. The following conditions may be required by the Director as conditions of approval for the proposed conversion:
a. Subdivisions allowed by this section may include conditions requiring a compliance survey inspection to the satisfaction of the Director. However, the survey shall be limited to require improvements relating only to items of a health and safety nature.
b. The mobile home condominiums or stock cooperatives shall be subject to California Code of Regulations Title 25.
c. Only additional on-site improvements or development standards which were applicable at the time the mobile home park was originally developed may be required.
d. Off-site public improvements for qualifying mobile home parks shall be waived, except as follows:
(1) Any off-site improvements shall be financed with appropriate assessment bonds.
(2) The certificate of compliance shall not be delayed or contingent upon completion of the off-site improvements.
e. Any requirements and/or documents required by the State Common Interest Development Act, Title 6 (commencing with Section 1350), Part 4, Division 2 of the California Civil Code.
f. Conditions of approval necessary to ensure any noticing requirements that are required by Map Act Section 66427.1 are met.
g. Any plan or document required to be submitted to the Department of Real Estate shall be reviewed for consistency with the approved project and plot plan. The plan shall reference the waiver notice requirement in subsection (D)(3)(h) of this section to the satisfaction of the Director.
h. Notice shall be placed on the certificate of subdivision compliance that standard subdivision requirements for the creation of condominiums/stock cooperatives have been waived by the City and only conditions applicable to the original development of the mobile home park have been required.
i. The Director may impose any conditions of approval to ensure any appropriate measures for relocation assistance are implemented.
j. No mobile home shall be required to be placed on a permanent foundation as a result of the conditional approval.
k. Any condition of approval required in compliance with this section shall be drafted to expedite the conversion process. (§ 2, Ord. 14-13, eff. October 8, 2014)