Chapter 16.40
ADDITIONAL SUBDIVISION PROCEDURES
Sections:
16.40.020 Certificates of compliance.
16.40.030 Lot line adjustment.
16.40.050 Reversion to acreage.
16.40.010 Purpose.
This chapter establishes requirements consistent with the Map Act for certificates of compliance, lot line adjustments, parcel mergers and reversions to acreage. (Ord. 25-01 § 1).
16.40.020 Certificates of compliance.
A. General Provisions.
1. The city shall process and approve or deny applications for certificates of compliance in compliance with Government Code Sections 66499.34 and 66499.35 and this section.
2. A certificate of compliance may be requested by any person owning real property for the purpose of a determination as to whether the property complies with the provisions of this title and the Map Act.
3. 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.
4. A certificate of compliance shall be required for the following:
a. Parcel mergers.
b. Lot line adjustments.
c. Designated remainder parcel(s) on final or parcel maps when determined by the director.
B. Application.
1. An application for a certificate of compliance specified in subsections (A)(1) thorough (A)(3) of this section shall be filed with the department in accordance with the provisions of BMC 16.04.070 (Application filing) and 16.04.080 (Fees).
2. The applicant shall submit a preliminary title report, not more than 90 days old and acceptable to the director, showing the legal owner(s) of the parcel(s).
3. No separate application shall be required when a certificate of compliance is issued in conjunction with a separate subdivision approval, including those specified in subsection (A)(4) of this section.
C. Review and Action.
1. The director shall review the completed application in light of public records and applicable law.
2. If the director determines from this review that the parcel is clearly in compliance with the provisions of this title and the Map Act, a certificate of compliance shall be issued by the director.
a. The certificate of compliance shall identify the real property and shall state that the division of the real property complies with this title and the Map Act.
3. If the director is unable to determine from this review that the parcel is clearly in compliance with the provisions of this title and the Map Act, the director shall issue a conditional certificate of compliance in accordance with Government Code Section 66499.35(b). Fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other development approval on the property.
D. Recordation. The certificate of compliance shall be recorded in accordance with BMC 16.04.090 (Document recordation). (Ord. 25-01 § 1).
16.40.030 Lot line adjustment.
A. General Provisions.
1. Lot line adjustments shall be allowed between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, or parcels, and where a greater number of parcels than originally existed is not created, in compliance with Government Code Section 66412(d).
2. Multiple lot line adjustments filed concurrently or sequentially to circumvent the “four or fewer existing adjoining parcels” will not be permitted. Such subdivision actions shall comply with the applicable provisions of this code pertaining to tentative maps and/or parcel maps.
B. Application.
1. An application for a lot line adjustment shall be filed with the department in accordance with the provisions of BMC 16.04.070 (Application filing) and 16.04.080 (Fees).
2. The application shall be prepared by a licensed land surveyor.
3. Legal description of parcel(s). Each transfer and resultant parcel shall be described separately. The legal description shall be entitled “EXHIBIT A” “LEGAL DESCRIPTION” and shall be displayed in a bold font no less than three-tenths of an inch in size at the top center of the page.
4. The application shall include a plat scaled to an 8.5-inch by 11-inch sheet and suitable for recording that includes at minimum the following information:
a. North arrow, scale, legend, adjacent streets, dimensions, and field-established boundaries of the lots or parcels included in the application before and after adjustment. The monuments relied upon for the establishment of the boundaries shall be shown;
b. Date of preparation and any subsequent revision;
c. Distinct line type indicating the boundary line(s) to be adjusted and keyed to a legend;
d. The lot areas of existing parcels, as well as the lot areas of proposed parcels as adjusted;
e. The location, name, and width of all streets and alleys abutting the property;
f. The location of all existing improvements, buildings and structures and their uses, the distance between said buildings and structures, displayed or labeled to one-hundredth of a foot, and the minimum distance between each building or structure and the established boundary of the proposed lot on which it is located;
g. Location and width of all easements upon or abutting the properties;
h. The signatures of all owners of parcels involved in the boundary line adjustment, with an owner affidavit provided for each affected property;
i. Any other information required by the city engineer to facilitate review of the lot line adjustment in accordance with this section; and
j. The plat shall be entitled “EXHIBIT B” “PLAT” and shall be displayed in a bold font no less than three-tenths of an inch in size at the top center of the page.
5. Title Report. The applicant shall submit a preliminary title report, not more than 90 days old and acceptable to the director, showing the legal owner(s) of the parcel(s).
6. Survey. The city engineer may require a survey of the property when required by Business and Professions Code Section 8762.
C. Review and Action.
1. The director shall approve the lot line adjustment if the director determines that the parcels resulting from the lot line adjustment will conform to the general plan, any applicable specific plan, BMC Titles 15 (Buildings and Construction) and 17 (Zoning).
2. The director shall not impose conditions or exactions on the approval of a lot line adjustment except to conform to the general plan, any applicable specific plan, BMC Title 15 (Buildings and Construction) or 17 (Zoning).
3. If the director determines that any of the foregoing facts specified in subsection (C)(1) of this section are not present, the lot line adjustment shall be denied.
4. The director’s approval shall be issued in the form of a certificate of compliance.
D. Recordation.
1. The lot line adjustment, inclusive of the certificate of compliance, legal descriptions and plats, shall be recorded in accordance with BMC 16.04.090 (Document recordation).
2. The city shall receive a copy of the recorded documents.
3. The lot line adjustment shall be effective when the above-listed documents are accepted for recording by the county recorder.
E. Expiration. A lot line adjustment approval shall be valid for one year from the date of approval. Failure to record the approved lot line adjustment, as specified in subsection (D) of this section (Recordation), within one year shall render the lot line adjustment null and void. (Ord. 25-01 § 1).
16.40.040 Parcel merger.
A. General Provisions.
1. This section is provided in compliance with Government Code Division 2, Chapter 3, Article 1.5 (Merger of Parcels), Sections 66451.10 through 66451.33.
2. Contiguous parcels under common ownership may be merged without reverting to acreage. (Government Code Section 66599.20.3)
3. Parcels may also be merged in compliance with Government Code Sections 66499.20.1 and 66599.20.2.
B. Voluntary Merger.
1. Application.
a. An application for parcel merger shall be filed with the department in accordance with the provisions of BMC 16.04.070 (Application filing) and 16.04.080 (Fees).
b. The application shall be prepared by a licensed land surveyor.
c. Each parcel proposed for merger shall be described separately. The legal description shall be entitled “EXHIBIT A” “LEGAL DESCRIPTION” and shall be displayed in a bold font no less than three-tenths of an inch in size at the top center of the page.
d. The application shall include a plat scaled to an 8.5-inch by 11-inch sheet and suitable for recording that includes at minimum the following information:
i. North arrow, scale, legend, adjacent streets, dimensions, and field-established boundaries of the lots or parcels included in the application before and after adjustment. The monuments relied upon for the establishment of the boundaries shall be shown;
ii. Date of preparation and any subsequent revision;
iii. Distinct line type indicating the resultant boundary line(s) after merger and keyed to a legend;
iv. The net or total area of the proposed lot(s) and the area of each existing lot;
v. The location, name, and width of all streets and alleys abutting the property;
vi. The location of all improvements, existing buildings and structures and their uses, the distance between said buildings and structures, displayed or labeled to one-hundredth of a foot, and the minimum distance between each building or structure and the established boundary of the proposed lot on which it is located;
vii. Location and width of all easements upon or abutting the properties;
viii. Topographic information with a reference to the source of the information;
ix. Any other information required by the city engineer to facilitate review of the parcel merger in accordance with this section;
x. The plat shall be entitled “EXHIBIT B” “PLAT” and shall be displayed in a bold font no less than three-tenths of an inch in size at the top center of the page.
e. Title Report. The applicant shall submit a preliminary title report, not more than 90 days old and acceptable to the director, showing the legal owner(s) of the parcel(s).
2. Review and Action.
a. The director shall approve the parcel merger if the director determines that the parcels resulting from the merger will conform to the general plan, any applicable specific plan, BMC Titles 15 (Buildings and Construction) and 17 (Zoning).
b. The director shall not impose conditions or exactions on the approval of a parcel merger except to conform to the general plan, any applicable specific plan, BMC Titles 15 (Buildings and Construction) and 17 (Zoning).
c. If the director determines that any of the foregoing facts specified in subsection (B)(2)(a) of this section are not present, the parcel merger shall be denied.
d. The director’s approval shall be issued in the form of a certificate of compliance.
3. Notice and Hearing.
a. Notice of Intention. Prior to issuing a decision on a voluntary merger, the department shall mail, by certified mail, a notice of intention to determine the status, notifying the owner that the subject parcels may be merged pursuant to this section, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing concerning the merger.
b. The notice of intention to determine status shall be filed with the county recorder on the date that the notice is mailed to the property owner.
c. No hearing shall be required for a voluntary merger unless requested by the subdivider within 30 days after recording the notice of intention.
d. A public hearing, if requested, shall be conducted by the director in accordance with Government Code Section 66451.15 of the Map Act. Notice of the public hearing shall be given in accordance with BMC 16.08.040 (Public hearing notice).
4. Recordation.
a. Within 30 days of filing a notice of intention if no hearing is required, or within 30 days of a public hearing pursuant to subsection (B)(3) of this section (Notice and Hearing), the parcel merger, inclusive of the certificate of compliance, plat and deed, shall be recorded in accordance with BMC 16.04.090 (Document recordation).
b. The city shall receive a copy of the recorded documents.
c. The parcel merger shall be effective when the above-listed documents are accepted for recording by the county recorder.
5. A voluntary parcel merger shall be valid for one year from the date of approval. Failure to record the approved parcel merger, as specified in subsection (B)(4) of this section (Recordation), within one year shall render the parcel merger null and void.
C. City-Initiated Merger.
1. The city may require the merger of contiguous parcels under single ownership when the following are true (Government Code Section 66451.11):
a. 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 also partially sited on a contiguous parcel or unit.
b. With respect to any affected parcel, one or more of the following conditions exists:
i. Comprises less than 5,000 square feet in area at the time of the determination of merger;
ii. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
iii. Does not meet current standards for sewage disposal and domestic water supply;
iv. Does not meet slope stability standards;
v. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
vi. Its development would create health or safety hazards; and/or
vii. Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.
2. In such a case, the procedures and requirements for a city-initiated merger shall be as specified in Government Code Sections 66451.10 through 66451.33.
D. Unmerger.
1. Deemed Unmerged. Parcels or units of land meeting the criteria of Government Code Section 66451.30 shall be deemed not to have merged.
2. Request for Determination.
a. A property owner may request that the director determine whether property has merged in compliance with this section, or is deemed unmerged in accordance with the provisions of subsection (D)(1) of this section (Deemed Unmerged).
b. A request for determination shall be filed with the department in accordance with the provisions of BMC 16.04.070 (Application filing) and 16.04.080 (Fees).
3. Determination. The director shall issue the requested determination in the form of a certificate of compliance, which shall be filed with the county recorder in accordance with BMC 16.04.090 (Document recordation). (Ord. 25-01 § 1).
16.40.050 Reversion to acreage.
A. General Provisions.
1. This section 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).
2. A proposed reversion to acreage may be initiated by the property owner of record (“voluntary reversion to acreage”) or by the city.
B. Voluntary Reversion to Acreage. A property owner may file an application for reversion to the department in accordance with the provisions of BMC 16.04.070 (Application filing) and 16.04.080 (Fees).
1. Title Report. The applicant shall submit a preliminary title report, not more than 90 days old and acceptable to the director, showing the legal owner(s) of the parcel(s). (Government Code Section 66499.13(a))
2. A final map or parcel map, prepared in accordance with the provisions of this title, delineating the dedications which will not be vacated and the dedications which are a condition to reversion. (Government Code Section 66499.13(c))
3. The applicant shall submit adequate documentation to demonstrate, to the director’s satisfaction, the following (Government Code Section 66499.13(b)):
a. All owners of an interest in the real property within the subdivision have consented to the reversion;
b. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or
c. No parcels shown on the final or parcel map have been sold within five years from the date the map was filed for record.
C. City-Initiated Reversion to Acreage.
1. A reversion to acreage may be initiated by resolution of the council.
2. The department shall obtain the necessary information to prepare the required maps and documents to proceed with reversion to acreage in accordance with the provisions of this chapter.
D. Notice and Hearing.
1. The council shall conduct a public hearing on a proposed reversion to acreage.
2. Notice of the public hearing shall be given in accordance with BMC 16.08.040 (Public hearing notice). (Government Code Section 66499.15)
3. Subdivided real property may be reverted to acreage only if the council finds that (Government Code Section 66499.16):
a. Dedication or offers of dedication to be vacated or abandoned by the revision to acreage are unnecessary for present or prospective public purposes; and
b. Either:
i. All owners of an interest in the real property within the subdivision have consented to reversion;
ii. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or
iii. 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.
4. Conditions of Reversion. As conditions of reversion the council shall require (Government Code Section 66499.17):
a. Dedications or offers of dedication necessary for the purposes specified by this title or other adopted ordinance following reversion.
b. Retention of all previously paid fees if necessary to accomplish the purposes of this municipal code or the Map Act.
c. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this municipal code or the Map Act.
E. Post-Approval Procedures.
1. Map. The final or parcel map, as applicable, shall be delivered to the city engineer who shall cause such map to be filed with the county recorder.
2. Effective Date. The reversion to acreage shall be effective upon recordation of the final or parcel map by the county recorder.
3. Dedications. Upon filing, all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force or effect.
F. Effect of Reversion. The filing of a final or parcel map, as applicable, to complete a reversion to acreage shall also constitute the merger of the separate parcels into one parcel, in compliance with Government Code Sections 66499.20.1 and 66499.20.2. (Ord. 25-01 § 1).