Chapter 17.84
Additional Subdivision Procedures
Sections:
17.84.020 Certificates of Compliance
17.84.060 Reversions to Acreage
17.84.010 - Purpose of Chapter
This Chapter establishes requirements consistent with the Map Act for Certificates of Compliance, Condominiums and Condominium Conversions, Lot Line Adjustments, Parcel Mergers, and Reversion to Acreage.
17.84.020 - Certificates of Compliance
The City shall process and approve or disapprove applications for Certificates of Compliance (COC) as provided by Map Act Sections 66499.34 and 66499.35, and as follows.
A. 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 Fee Schedule.
B. For issuance of a certificate of compliance pursuant to Government Code Sec. 66499.35 for a land division that occurred prior to the effective date of the Coastal Act, where the parcel(s) was created in compliance with state law and local ordinances in effect at the time of its creation and the parcel(s) has not subsequently been merged or otherwise altered, the City shall not require a coastal development permit. However, if the originally created parcel was subsequently merged or recombined with another parcel(s), a certificate of compliance shall not be issued for the originally created parcel, unless the City finds that creation of the parcel complies with all policies and standards of the LCP, including the requirements of Section 17.88 of this Development Code for approval of land divisions, and the City issues a coastal development permit authorizing the land division.
C. To determine whether parcels were created in compliance with state law and local ordinances in effect at the time of its creation, and whether they were subsequently merged or otherwise altered, the applicant shall submit a complete title history, including all documentation necessary to determine how the parcels were created; what additional parcels were created from the same parent parcel either at the same time, prior to and/or after creation of the parcel; and what other grants, land divisions, mergers or transactions occurred involving the parcel after the initial creation of the parcel.
D. For issuance of a certificate of compliance pursuant to Government Code Sec. 66499.35 for a land division that occurred prior to the effective date of the Coastal Act, where the parcel(s) was not created in compliance with state law and local ordinances in effect at the time of its creation, or the parcel has subsequently been merged or otherwise altered, the certificate of compliance shall not be issued unless a coastal development permit that authorizes the land division is approved. In such cases, the City shall only approve a coastal development permit in the following situations:
1. The land division complies with all policies and standards of the LCP, including the requirements of Section 17.88 of this Development Code for approval of land divisions, or
2. The permit is conditioned to prohibit development on the affected parcels, unless and until compliance with all policies and standards of the LCP, including the requirements of Section 17.88 of this Development Code for approval of land divisions, has been achieved; or
3. If (a) prior to certification of the LCP, the Coastal Commission approved a coastal development permit authorizing construction of a residence on one or more of the parcels that were created from the same parent parcel as the parcel for which the COC is requested and (b) the owner of the parcel for which the COC is requested does not also own the parcel referred to above on which the Coastal Commission authorized construction of a residence, and (c) the owner of the parcel for which the COC is requested acquired it prior to certification of the LCP and is a good-faith, bona fide purchaser for value. In such a case, a coastal development permit authorizing the land division may be approved if it is conditioned to prohibit construction on the subject parcel unless it complies with all policies and standards of the LCP, including the requirements of Section 17.88 of this Development Code for approval of land divisions, except the minimum parcel size or minimum lot dimensions; or
4. If (a) the parcel that is the subject of the request for a COC is not in common ownership with any other contiguous parcels that were created from the same parent parcel and (b) the current owner of the subject parcel acquired it prior to certification of the LCP and is a good-faith, bona fide purchaser for value. In such a case, a coastal development permit authorizing the land division may be approved if it is conditioned to prohibit construction on the subject parcel unless it complies with all policies and standards of the LCP, the requirements of Section 17.88 of this Development Code for approval of land divisions, except the minimum parcel size minimum lot dimensions.
E. For issuance of a certificate of compliance pursuant to Government Code Sec. 66499.35 for a land division that occurred after the effective date of the Coastal Act, the certificate of compliance shall not be issued unless a coastal development permit that authorizes the land division is approved. In such cases, the City shall only approve a coastal development permit in the following situations:
1. The land division complies with all policies and standards of the LCP, including the requirements of Section 17.88 of this Development Code approval of land divisions; or
2. if (a) prior to certification of the LCP, the Coastal Commission approved a coastal development permit authorizing construction of a residence on one or more of the parcels that were created from the same parent parcel as the parcel for which the COC is requested; and (b) the owner of the parcel for which the COC is requested does not also own the parcel referred to above on which the Coastal Commission authorized construction of a residence; and (c) the owner of the parcel for which the COC is requested acquired it prior to certification of the LCP and is a good-faith, bona fide purchaser for value. In such a case, a coastal development permit authorizing the land division may be approved if it is conditioned to prohibit construction on the subject parcel unless it complies with all policies and standards of the LCP, including the requirements of Section 17.88 of this Development Code for approval of land divisions, except the minimum parcel size minimum lot dimensions; or
3. If (a) the parcel that is the subject of the request for a COC is not in common ownership with any other contiguous parcels that were created from the same parent parcel’ and (b) the current owner of the subject parcel acquired it prior to certification of the LCP and is a good-faith, bona fide purchaser for value. In such a case, a coastal development permit authorizing the land division may be approved if it is conditioned to prohibit construction on the subject parcel unless it complies with all policies and standards of the LCP, including the requirements of Section 17.88 of this Development Code for approval of land divisions, except the minimum parcel size minimum lot dimensions.
If the requirements of Sections 17.84.030 (E)(1), (E)(2) or (E)(3) of this Development Code are not met, a coastal development permit for the proposed land division shall be denied.
17.84.030 - 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 denied in the same manner in compliance with Chapter 17.81 (Tentative Map Filing and Processing). Chapter 17.82 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed. Tentative Map approval does not replace, supersede, or modify the independent requirement for a CDP approved pursuant to the otherwise applicable policies and standards of the certified LCP.
17.84.040 - Lot Line Adjustment
A Lot Line Adjustment is permissible in compliance with Map Act Section 66412(d), and as follows.
A. Application requirements. An application for a Lot Line Adjustment shall be filed with the Director and shall include the information required by the Director, together with the processing fee specified by the City Fee Schedule.
B. Lot line adjustment approval. After consultation with the City Engineer, the Director shall approve a lot line adjustment provided that all criteria identified in Map Act Section 66412(d) are met to the Director’s satisfaction. After City approval, the applicant shall be responsible for recording the approval document and paying the necessary fees charged by the County Recorder for recording Lot Line Adjustment approval documents in compliance with the Map Act.
C. Coastal Development Permit. A lot line adjustment shall also require a Coastal Development Permit in compliance with the certified LCP and processed pursuant to Section 17.71.045 (Coastal Development Permits).
17.84.050 - Parcel Merger
A. Procedures for merger of parcels. Two or more parcels may be merged as follows.
1. Parcels may be merged in compliance with Map Act 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 identified 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.
2. Parcels may also be merged in compliance with Map Act Sections 66499.20-1/2, or 66499.20-3/4; provided that a merger in compliance with Map Act Section 66499.20-3/4 shall require the recordation of an instrument evidencing the merger in the same manner as required by Map Act Section 66499.20-1/2.
B. Requirements for unmerger of parcels. The unmerger of parcels within the City shall comply with Map Act Chapter 3, Article 1.7.
C. Coastal Development Permit. A parcel merger shall also require a Coastal Development Permit in compliance with the certified LCP and processed pursuant to Section 17.71.045 (Coastal Development Permits).
17.84.060 - Reversion to Acreage
A. Procedures. A Reversion to Acreage shall be initiated, processed, reviewed, and approved or denied in compliance with Map Act Chapter 6, Article 1.
B. Application requirements. 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 Fee Schedule.
C. Parcel Map in Lieu of Final Map. A Parcel Map may be filed to revert to acreage land previously subdivided that consists of four or less contiguous parcels, in compliance with Map Act Section 66499.20-1/4.
D. 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.
E. A reversion to acreage shall also require a CDP in compliance with the certified LCP and processed pursuant to Section 17.71.045 (Coastal Development Permits).