Chapter 17.25 REVERSIONS, MERGERS, AND LOT LINE ADJUSTMENTS

This article establishes a process for eliminating the subdivision of previously subdivided lots and returning them to their original configuration (Government Code Sections 66499.11 through 66499.20.3).

(Ord. No. 17-9 (Exh. A))

17.25.020 Initiation.

A proposed reversion to acreage may be initiated by either:

(a) Petition by all the owners of record of the property; or

(b) Resolution of the City Council, with the City Council directing the City Engineer to obtain the necessary information to initiate and conduct proceedings.

(Ord. No. 17-9 (Exh. A))

17.25.030 Review authority.

The City Council shall take action on all proposed reversions to acreage.

(Ord. No. 17-9 (Exh. A))

17.25.040 Application submittal and review.

If a property owner initiates a proposed reversion to acreage, a petition shall be submitted and reviewed in accordance with Section 17.05.090 (Application submittal and review). Petitions shall be accompanied by all required fees, information, and materials as specified in the city’s checklist for reversions to acreage applications.

(Ord. No. 17-9 (Exh. A))

17.25.050 Public notice and hearing.

The City Council shall take action on a proposed reversion to acreage at a noticed public hearing in accordance with Chapter 18.500 (Public Hearings).

(Ord. No. 17-9 (Exh. A))

17.25.060 City action.

(a) Findings. The City Council may approve a proposed reversion to acreage only after making all of the following findings (Government Code Section 66499.16):

(1) Dedications, or offers of dedication, to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes.

(2) One of the following is true:

a. All owners of an interest in the real property within the subdivision have consented to reversion.

b. None of the improvements required to be 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, have been completed.

c. 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.

(b) Conditions of approval.

(1) The City Council may attach the following conditions to the approval of a proposed reversion to acreage (Government Code Section 66499.17):

a. The property owner shall dedicate or make an irrevocable offer of dedication as required by Chapter 17.15 (Dedications and Reservations).

b. The property owner shall pay or submit all fees, deposits, or securities as required by this title.

(2) The City Council may attach additional conditions as necessary to ensure compliance with the general plan, any applicable specific plan, the Development Code, or other applicable provisions of the Municipal Code.

(Ord. No. 17-9 (Exh. A))

17.25.070 Recordation and effective date.

(a) Recordation. After City Council approval of the reversion to acreage, the city shall transmit the final map or parcel map, together with the City Council resolution approving the reversion, to the County Recorder for recordation.

(1) Upon recordation of the final map, all dedications and offers of dedication applicable to the previous subdivision and not shown on the reversion final map are of no further effect (Government Code Section 66499.18).

(2) Once reversion is effective, all unused fees and deposits must be returned to the current owner of record and all improvement security released except those retained pursuant to Section 17.25.060(b) (Conditions of approval) (Government Code Section 66499.19).

(b) Effective date. Reversions shall be effective when the final map or parcel map is filed with the County Recorder.

(Ord. No. 17-9 (Exh. A))

17.25.080 Alternatives procedures.

(a) Parcel map. For subdivisions of four or fewer contiguous lots with a single owner, a parcel map may be used to revert to acreage in compliance with Government Code Section 66499.20.1.

(b) New maps. Subdivided lands may be merged and resubdivided without reverting to acreage by filing a new map over the old map in compliance with Government Code Section 66499.20.2.

(c) Merger of contiguous parcels. As set forth in Article II (Parcel Mergers) of this chapter, the City Engineer may authorize the merger of contiguous parcels under common ownership without reverting to acreage upon recordation of an instrument evidencing the merger in compliance with Government Code Section 66499.20.3.

(Ord. No. 17-9 (Exh. A))

Article II. Parcel Mergers

17.25.090 Purpose.

(a) This article provides a process for the merger of contiguous parcels under common ownership.

(b) Parcel mergers may be voluntary mergers initiated by a property owner or mandatory mergers initiated by the city.

(c) Parcel mergers may also occur by filing a parcel map or final map, which has the effect of creating a new subdivision.

(Ord. No. 17-9 (Exh. A))

17.25.100 Voluntary parcel mergers.

(a) When allowed. Voluntary parcel mergers processed under this article are allowed only when all of the following are true:

(1) The parcels are contiguous and held by the same owner.

(2) One of the parcels does not conform to the minimum lot size standard specified in the Development Code.

(3) One of the parcels does not contain a structure for which a building permit is required, or contains only an accessory structure.

(4) At least one of the parcels meet one or more of the requirements specified in Government Code Section 66451.11(b).

(b) Review authority. The City Engineer in consultation with the Zoning Administrator shall take action on all voluntary parcel merger applications.

(1) Voluntary parcel merger applications shall be submitted and reviewed in accordance with Section 17.05.090 (Application submittal and review). Applications shall be accompanied by all required fees, information, and materials as specified in the city’s checklist for voluntary parcel merger applications.

(d) City Engineer action. Within 30 calendar days of accepting an application as complete, the City Engineer shall approve, approve with conditions, or deny the voluntary parcel merger application.

(e) Public notice and hearing.

(1) No public hearing is required for a voluntary parcel merger unless requested by the applicant.

(2) If a hearing is requested, notice of the public hearing shall be given in accordance with Chapter 18.500 (Public Hearings).

(f) Criteria for decision. The City Engineer shall approve a voluntary parcel merger application if all of the following findings can be made:

(1) The proposed voluntary parcel merger complies with all requirements of this title and the Map Act.

(2) The resulting parcels are consistent with the requirements of the California Environmental Quality Act (CEQA), the general plan, any applicable specific plans, the Development Code, and other applicable provisions of the Municipal Code.

(g) Conditions of approval. The City Engineer may attach conditions to the approval of a voluntary parcel merger as necessary to ensure compliance with the general plan, any applicable specific plan, the Development Code, or other applicable provisions of the Municipal Code.

(h) Appeals. City Engineer decisions on voluntary parcel merger applications may be appealed to the Planning Commission or called for review in accordance with Chapter 18.510 (Appeals and Calls for Review).

(i) Recordation and effective date.

(1) Recordation. The applicant shall file with the County Recorder a deed reflecting the voluntary parcel merger and documentation from the city verifying approval of the voluntary parcel merger. The applicant shall submit to the City Engineer a copy of the recorded deed.

(2) Effective date. Voluntary parcel mergers shall be effective when the deed is filed with the County Recorder.

(j) Expiration. A voluntary parcel merger approval shall be valid for one year from the date of approval. If the adjusted lots are not recorded within that one-year period, the approval shall expire.

(Ord. No. 17-9 (Exh. A))

17.25.110 Mandatory parcel mergers.

The city may require the merger of contiguous parcels under single ownership if one of the parcels does not conform to the minimum parcel size to allow use or development in compliance with the Development Code and if all of the requirements specified in Government Code Section 66451.11(b) are met. In such a case, the procedures and requirements for a mandatory parcel merger shall be as specified in Government Code Sections 66451.10 through 66451.33.

(Ord. No. 17-9 (Exh. A))

Article III. Lot Line Adjustments

17.25.120 Purpose.

This article provides a process for the legal adjustment of lot lines that does not create new lots.

(Ord. No. 17-9 (Exh. A))

17.25.130 When allowed.

Lot line adjustments processed under this article are allowed only when:

(a) The lot line adjustment involves a maximum of four existing adjoining lots;

(b) The land taken from one lot is added to an adjoining lot; and

(Ord. No. 17-9 (Exh. A))

17.25.140 Review authority.

The City Engineer in consultation with the Zoning Administrator shall take action on all lot line adjustment applications.

(Ord. No. 17-9 (Exh. A))

17.25.150 Application submittal and review.

Lot line adjustment applications shall be submitted and reviewed in accordance with Section 17.05.090 (Application submittal and review). Applications shall be accompanied by all required fees, information, and materials as specified in the city’s checklist for lot line adjustment applications.

(Ord. No. 17-9 (Exh. A))

17.25.160 City Engineer action.

Within 30 calendar days of accepting an application as complete, the City Engineer shall approve, approve with conditions, or deny the application. No public notice or hearing is required.

(Ord. No. 17-9 (Exh. A))

17.25.170 Criteria for decision.

The City Engineer shall approve a lot line adjustment application if all of the following findings can be made:

(a) The proposed lot line adjustment complies with all requirements of this title and the Map Act.

(b) The resulting lots are consistent with the requirements of CEQA, the general plan, specific plans, the Development Code, and other applicable provisions of the Municipal Code.

(Ord. No. 17-9 (Exh. A))

17.25.180 Conditions of approval.

The City Engineer may attach conditions to the approval of a lot line adjustment only for the following reasons:

(a) To ensure compliance with the requirements of CEQA, the general plan, any applicable specific plans, the Development Code, and other applicable provisions of the Municipal Code.

(b) To require the prepayment of real property taxes prior to the approval of the lot line adjustment.

(Ord. No. 17-9 (Exh. A))

17.25.190 Appeals.

City Engineer decisions on lot line adjustment applications may be appealed to the Planning Commission or called for review in accordance with Chapter 18.510 (Appeals and Calls for Review).

(Ord. No. 17-9 (Exh. A))

17.25.200 Recordation and effective date.

(a) Recordation. The applicant shall file with the County Recorder a deed reflecting the lot line adjustment and documentation from the city verifying approval of lot line adjustment. The applicant shall submit to the City Engineer a copy of the recorded documents.

(b) Effective date. The lot line adjustment shall be effective when the deed is filed with the County Recorder.

(Ord. No. 17-9 (Exh. A))

17.25.210 Expiration.

A lot line adjustment approval shall be valid for one year from the date of approval. If the adjusted lots are not recorded within that one-year period, the approval shall expire.

(Ord. No. 17-9 (Exh. A))