Chapter 8
LOT LINE ADJUSTMENTS, LOT CONSOLIDATIONS, REVERSIONS TO ACREAGE AND MERGERS OF SUBSTANDARD LOTS
Sections:
Article 1. Lot Line Adjustments
Article 2. Lot Consolidations
Article 3. Reversions to Acreage
Article 4. Merger of Substandard Lots
13-8.11 Required noticing and public hearings.
Article 1. Lot Line Adjustments
13-8.01 General.
This section establishes a review process for lot line adjustments in accordance with Section 66412(d) of the Subdivision Map Act. A lot line adjustment is a minor relocation of the boundary or boundaries between four (4) or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, with no more parcels being created than originally existed. Properties included in one (1) lot line adjustment may not be part of another lot line adjustment if five (5) or more parcels would be affected.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-8.02 Application.
No tentative, parcel or final map shall be required for a lot line adjustment. Applications for any lot line adjustment shall be filed with the Community Development Department and shall include submittal of a preliminary map and a current title report. The preliminary map shall be prepared by a licensed land surveyor or registered civil engineer and shall include the following information:
(a) The names and addresses of the subdivider and record owner;
(b) The name and address of the person who prepared the map;
(c) A vicinity map;
(d) A scalable depiction of the existing and proposed boundaries including metes and bounds of all boundary courses;
(e) All existing structures and all above ground and underground utilities;
(f) The number, size, and area in square footage of the existing lot configurations and the reconfigured lots proposed by the lot line adjustment;
(g) All existing and proposed easements;
(h) The following statement shall be affixed to the preliminary map:
This map does not create any new parcels and depicts the proposed lot line adjustment between Assessor Parcel Numbers _________ and __________ which will be implemented by the recording of deeds.
Procedures for review of the lot line adjustment shall be consistent with the procedures for review of minor land divisions contained in Chapter 13-5, except as otherwise described in this chapter. The Community Development Department shall report on the proposed lot line adjustment to the Minor Land Division Committee for its consideration and action. The Minor Land Division Committee may refer the matter to the City Council if it determines that the lot line adjustment is of such scope and significance that review and decisions therefor are best performed by the City Council.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-8.03 Required findings.
(a) No tentative map, parcel map or final map shall be required as a condition of approval of a lot line adjustment. The Minor Land Division Committee shall limit review and approval to whether it can make all of the following findings:
(1) The parcels resulting from the lot line adjustment are consistent with the general plan, any applicable specific plan and the regulations of the zoning ordinance and building codes;
(2) A greater number of parcels than originally existed are not created by the lot line adjustment;
(3) The lot line adjustment shall not impair existing easements or it shall include the relocation of existing easements, utilities, or infrastructure serving adjacent lots, parcels, or public lands and streets prior to completing the lot line adjustment;
(4) The lot line adjustment shall not impair existing access or create a need for access to adjacent lots or parcels; and
(5) The lot line adjustment shall not require alteration of existing improvements or buildings, create a need for any building improvements, or otherwise create noncompliance with the Uniform Building Codes.
(b) The Minor Land Division Commission may only attach conditions of approval in order to:
(1) Comply with the provisions of the general plan and any applicable specific plan, and the regulations of the zoning and building codes;
(2) Require prepayment of real property taxes prior to approval of the lot line adjustment;
(3) Facilitate relocation of existing utilities, infrastructure, or easements; or
(4) Adjust or revise assessment district obligations necessitated by the reconfiguration to the existing parcels.
Decisions regarding lot line adjustments made by the Minor Land Division Committee may be appealed to the City Council pursuant to the provisions in Chapter 13-3.
No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code but all lot line adjustments shall be reflected by recorded deed. However, the allowable error of closure on any portion of the legal description for the lot line adjustment shall not exceed one in ten thousand (1/10,000) for field closures and one in twenty thousand (1/20,000) for calculated closures.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
Article 2. Lot Consolidations
13-8.04 General.
This section establishes a review process for lot consolidations as authorized by Section 66499.20-3/4 of the Subdivision Map Act. A lot consolidation is the merging of two (2) or more contiguous parcels of land under the same ownership into one (1) parcel pursuant to an application by the property owner.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-8.05 Application.
An application for a lot consolidation shall be initiated by submitting an application to the Community Development Director in accordance with Article 3 of this chapter and shall include the following additional information:
(a) A plot map showing the existing lot lines proposed to be merged, the location of any existing structures, easements, prominent trees, access to public streets, any adjoining property owned by any of the property owners, and any other data as required by the Community Development Director.
(b) A preliminary title report, showing all parties with a legal or equitable interest and all easements, covenants, and other encumbrances and interests in the affected property at the time of filing the lot line adjustment.
(c) A survey if required by City Engineer. The allowable error of closure on any portion of the legal description for the lot consolidation shall not exceed one in ten thousand (1/10,000) for field closures and one in twenty thousand (1/20,000) for calculated closures.
(d) All required fees.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-8.06 Required findings.
The Community Development Director shall approve or conditionally approve a lot consolidation without public notice or hearing if, on the basis of the complete application, all of the following findings can be made:
(a) The lot consolidation is consistent with the general plan and any applicable specific plan, and the regulations of the zoning and building codes;
(b) The lots to be consolidated are under common ownership;
(c) The lot consolidation shall not impair existing easements or it shall include the relocation of existing easements, utilities, or infrastructure serving adjacent lots, parcels, or public lands and streets;
(d) The lot consolidation shall not impair existing access or create a need for access to adjacent lots or parcels;
(e) The lot consolidation shall not adjust or remove the boundary between parcels for which an improvement agreement is in effect and all required improvements have not been completed, unless the Community Development Director determines that the proposed lot consolidation will not significantly affect the improvements.
Upon a determination by the Community Development Director that the proposed lot consolidation meets all the requirements for approval or conditional approval, the Community Development Director shall execute a certificate of compliance as provided for in Chapter 13-12. The certificate of compliance shall be filed by the Community Development Director for recordation with the County Recorder’s office. Alternatively, at the applicant’s option, the applicant may cause to be recorded with the County Recorder’s office a parcel map evidencing the consolidation.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
Article 3. Reversions to Acreage
13-8.07 General.
A reversion to acreage is the filing of a map for the purpose of abandoning a recorded subdivision which was created by either a final map or parcel map. As opposed to lot line adjustments and lot consolidations, reversions to acreage involve the abandonment of dedications and offers of dedication shown on the original final map or parcel map unless the City imposes certain conditions upon the reversion to acreage. Applications for reversion to acreage shall conform to Sections 66499.11 through 66499.19 of the Subdivision Map Act.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
Article 4. Merger of Substandard Lots
13-8.08 General.
This article is intended to provide for the City-initiated merger of contiguous lots which do not meet minimum requirements for development under City regulations.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-8.09 Criteria for merger.
Two (2) or more contiguous parcels, lots, or units of land held by the same property owner shall be considered to be merged if:
(a) At least one (1) of the contiguous parcels or units of land does not conform to the standards for minimum parcel size under the zoning code; and
(b) At least one (1) of the contiguous parcels or units of land 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 also partially sited on a contiguous parcel or unit; and
(c) At least one (1) or more of the following conditions exists with respect to any one of the contiguous parcels or units of land:
(1) The parcel comprises less than five thousand (5,000) square feet in area; or
(2) The parcel was not created in compliance with the zoning code in effect at the time of its creation; or
(3) The parcel does not meet current standards for sewage disposal and domestic water supply; or
(4) The parcel does not meet slope stability standards; or
(5) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability; or
(6) The parcel’s development would create health or safety hazards; or
(7) The creation of the parcel is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.
(d) 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.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-8.10 Exceptions.
Where a nonconforming parcel is contiguous to a conforming parcel and under the same ownership, the two (2) parcels shall merge unless all of the following conditions exist:
(a) The nonconforming parcel is twenty-five (25') feet wide or more;
(b) The nonconforming parcel is at least two thousand five hundred (2,500) square feet in area;
(c) The nonconforming parcel has frontage on a city street or alley; and
(d) The nonconforming parcel does not have a parking garage/carport serving the conforming parcel.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)
13-8.11 Required noticing and public hearings.
(a) Whenever the Community Development Director has knowledge that real property has merged pursuant to this chapter, a notice of intent to determine status shall be mailed, by certified mail, to the current property owner of record, and a copy of the notice of intention shall be recorded with the County Recorder. The preparation, content and deadline dates for response cited in this notice shall follow the procedures set forth in Sections 66451.13 through 66451.14 of the Subdivision Map Act.
(b) At any time within thirty (30) days following the recording of the notice of intention to determine status, the property owner of record may file with the City a request for a public hearing on the determination of the status. Upon receipt of this request, the City shall schedule a date and time for a public hearing with the City Council. The City Council shall follow the provisions included in Section 66451.10 et seq. of the Subdivision Map Act.
(c) If, after reviewing supporting evidence, the City Council determines that real property is merged based on the provisions of this chapter, the Community Development Director shall issue to the property owner, and record with the County Recorder, a notice of merger specifying the names of the record owners and particularly describing the real property.
(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)