This Chapter establishes requirements for the filing, processing and approval or disapproval of applications for Certificates of Compliance, Lot Line Adjustments, Parcel Mergers, Voluntary Mergers, and Reversions to Acreage.

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2 (Exh. A), Ord. No. 1343, eff. November 10, 2022)

The City shall process and decide upon applications for Certificates of Compliance in compliance with Map Act Sections 66499.34 and 66499.35, and as follows.

A.

Application. Any owner of a parcel, or any vendee of the owner in compliance with a contract of sale of the parcel, may submit to the City Engineer, in a form developed by the City, an application for a Certificate of Compliance. The application shall be accompanied by a current title report, deeds and other documentation necessary to a determination, and the processing fee specified by the City Schedule of Service Charges.

B.

Review by City Engineer. The City Engineer shall review the completed application in the light of public records. If the City Engineer is able to determine from this review that the parcel is clearly in compliance with the provisions of this Article and the Subdivision Map Act, a Certificate of Compliance shall be issued for the parcel pursuant to Map Act Section 66499.35(a) and delivered to the County Recorder for recordation. If the City Engineer determines from this review that the parcel is not in compliance, the City Engineer shall issue a Conditional Certificate of Compliance pursuant to Map Act Section 66499.35(b) to be submitted to the County Recorder for recordation.

(§ 5, Ord. 1085, eff. January 6, 2006)

A Lot Line Adjustment will be permissible under the conditions identified in Map Act Section 66412(d).

A.

Application requirements. An application for Lot Line Adjustment Approval may be filed with the City Engineer, in a form developed by the City, and shall include the written consent of all affected owners, a title report for each affected property, legal descriptions and map exhibits for all affected properties, and the processing fee specified by the City Schedule of Service Charges.

B.

Lot Line Adjustment Approval. After a determination by the Department of Environmental Services that the Lot Line Adjustment would comply with zoning and building regulations, a Lot Line Adjustment shall be approved by the City Engineer, provided that all criteria identified in Map Act Section 66412(d) are met. 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 the Lot Line Adjustment Approval.

C.

Binding nature of approval. Once recorded, the owners shall be bound to affect conveyance of the land in accordance with the approval, and shall not have the right to convey by prior property description.

(§ 5, Ord. 1085, eff. January 6, 2006)

Procedures for merger of parcels. Two or more parcels may be merged as follows.

A.

Parcels may be merged by Parcel Map, Final Map, Reversion to Acreage, Lot Line Adjustment, or Exclusion.

B.

Parcels may be merged upon the initiation of the City, in compliance with Map Act Chapter 3, Article 1.5, by Notice of Merger. 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.

C.

Requirements for parcel mergers shall be in accordance with Government Code Section 66499.20 1/4 of the Subdivision Map Act.

D.

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.

(§ 5, Ord. 1085, eff. January 6, 2006)

A.

Purpose; Concurrent Processing with Discretionary Projects. The purpose of this Section is to establish ministerial procedures for processing voluntary merger applications with regard to merging contiguous lots under common ownership into a single lot without reverting to acreage, as authorized by Government Code section 66499.20.3. In instances where a voluntary merger is requested in conjunction with a project involving an application for a Conditional Use Permit, Planned Development Permit, or other discretionary permits involving some or all of the property subject to the voluntary merger, the voluntary merger application shall be processed concurrently with the application for the discretionary permits, including for purposes of evaluating the project's potential environmental effects.

B.

Application. Applications for the approval of a Voluntary Merger shall be filed with the office of the City Engineer. No application shall be accepted for filing and processing if there is a violation of the SVMC, or any provision of this Chapter on the subject lot(s) unless:

1.

The acceptance of the application is necessary to abate the existing violation and unless it conforms to the requirements of this Chapter;

2.

Contains in a full, true, and correct form, the required information prescribed by the forms supplied by the Department of Public Works; and

3.

Is accompanied by the appropriate fees.

C.

Filing and Processing Requirements.

1.

The application for a Voluntary Merger shall be processed by the office of the City Engineer if all information and documents requested in the application, including each item listed below in Section 9-63.045.C.1.a. through C.1.g., shall be submitted and concurrently reviewed to the satisfaction of the Planning Division until deemed complete.

a.

A deposit of the required fees pursuant to the City's Fee Schedule to process and record a Certificate of Compliance for the voluntary merger.

b.

A current preliminary title report showing all parties with a legal or equitable interest in the lots and all easements, covenants, and other encumbrances and interests in the affected lots at the time of the filing of the application for the voluntary merger.

c.

All parties having any record title interest in the lots subject to the voluntary merger application shall consent in writing to the voluntary merger subject to the exceptions set forth in Government Code Section 66436.

d.

If any of the existing lots are developed, a site plan prepared by the project surveyor that depicts the location of any buildings or structures with a notation of setback distances from the resulting adjusted lot lines.

e.

Documentation, as required by the City Engineer, to establish that each of the lots that are subject to the voluntary merger are legal lots. The applicant is encouraged to consult with the City Engineer prior to submitting a voluntary merger application that involves illegally created lots to confirm compliance with Section 9-63.045.G paragraphs 1, 2, and 9.

f.

Legal description and a map prepared by a person authorized to practice land surveying or land surveyor, of the new boundaries of the merged lot as adjusted by the voluntary merger. The sketch shall also include: (i) the boundaries of each of the existing lots at the time of application; and, (ii) a north arrow and the bearings and distances for the merged lot lines. A record of survey may be voluntarily submitted as a substitute for a map.

g.

Draft certificate of voluntary merger (see Section 9-63.045.K below) and deed(s) reflecting the adjusted property boundaries.

2.

The voluntary merger application shall be processed ministerially without a public notice or hearing

D.

City Engineer and Planning Division Review.

1.

The City Engineer and the Planning Division shall review the voluntary merger application. If additional information is needed, the applicant shall provide the documents and information requested by the City Engineer and the Planning Division in order to deem the application complete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information needed to make the application complete.

2.

The City Engineer shall determine whether the documents required to effectuate the Voluntary Merger are technically correct, including the deeds, legal description, and map. When the City Engineer is satisfied that the documents to be recorded to complete the voluntary merger are technically correct, the City Engineer shall stamp and transmit the documents to the Planning Division for recordation with the Office of the County Recorder upon final approval of the application by the advisory agency pursuant to Section 9-63.045.J of this Chapter.

E.

Termination of Incomplete Application. An incomplete voluntary merger application may be terminated in the same manner for terminating an incomplete land use permit application as set forth in Section 9-50.060.A.5, "Application deemed withdrawn".

F.

Designated Advisory Agency. The City Engineer or designee is the designated advisory agency for ministerial voluntary merger applications under this Article.

G.

Standards for Approval. A Voluntary Merger that complies with the following standards shall be ministerially approved, subject to compliance with all other requirements of this Article:

1.

Each of the lots to be merged are legal lots. However, a legal lot that was illegally subdivided thus creating two or more illegal lots may be merged back into its original configuration as the legal lot existed prior to the illegal subdivision so long as the other criteria of approval set forth in this section are met.

2.

If one or more involved parcels is subject to a conditional certificate of compliance, the conditions of development must be fully satisfied by the merger. Notwithstanding the foregoing, if a condition of development that would not be satisfied relates to minimum parcel size, the merger shall be approved with the condition that the deed or deeds recorded to effectuate the merger contain an express statement that the resulting parcel remains subject to the conditional certificate of compliance, whose recording information shall be noted on the deed or deeds.

3.

The lots to be merged are contiguous to each other.

4.

The lots to be merged are under the same ownership.

5.

If there are any liens or deeds of trust, they shall encumber the entire merged lot. There cannot be any liens or deeds of trust encumbering only a portion of the merged lot.

6.

The voluntary merger will not adversely affect existing easements of record on any of the lots or any conditions of approval, dedications, offers to dedicate, or security arising from a previously recorded map that created any of the lots subject to the voluntary merger application.

7.

The Voluntary Merger will not alter the exterior boundary of the lots to be merged.

8.

The City Engineer has approved the legal description as accurately representing the exterior boundaries of the resulting merged lot.

9.

The Voluntary Merger will not render any existing conforming structures or existing conforming uses on any of the involved lots to become a nonconforming structure or use. Existing legal nonconforming structures or uses on any of the lots subject to the application are not grounds to deny the voluntary merger.

10.

The deed or deeds submitted to the City Engineer to effectuate the merger shall contain an express statement of the grantor(s), pursuant to Section 1093 of the Civil Code that the intent of the grantor and the purpose of the deed is to merge all of the property described in the deed into a single lot.

H.

Conditional Approval.

1.

The only conditions the advisory agency may impose on the approval of a voluntary merger are those required:

a.

Conform the merged lot to all objective standards and requirements of the General Plan, Zoning Ordinances and City of Simi Valley Improvement Standards and Specifications;

b.

Require the prepayment of real property taxes prior to the recordation of the voluntary merger; and

c.

Facilitate the relocation of existing utilities, infrastructure, or easements.

2.

If the voluntary merger application is conditionally approved, the advisory agency shall send a letter of conditional approval notifying the applicant of the conditions to be fulfilled prior to recordation of the voluntary merger. If the conditions are not fulfilled within one year of the date of the letter, the voluntary merger shall expire and become null and void unless the applicant obtains a written extension from the advisory agency pursuant to Section 9-63.045.I, "Extension of Conditional Approval" of this Chapter.

3.

A conditionally approved voluntary merger shall be deemed ready for recordation when the advisory agency determines that the conditions have been fulfilled and is in receipt of the following:

a.

An up-to-date preliminary title report;

b.

The voluntary merger documents approved by the City Engineer (e.g., legal description and a map); and

c.

All deeds prepared for recordation as approved by the City Engineer pursuant to Section 9-63.045.C.1.g of this Chapter.

4.

Upon receipt of the documents required by Section 9-63.045.H.3 above, the advisory agency shall cause each of the City Engineer-approved voluntary merger documents and deeds to be recorded in the Office of the County Recorder.

I.

Extension of Conditional Approval. Prior to the expiration of the conditional approval of the voluntary merger application pursuant to Section 9-63.045.H.2 above, the advisory agency may grant one extension of up to six (6) months if the applicant demonstrates good cause.

J.

Certificate of Voluntary Merger. The recordation of a Certificate of Voluntary Merger and the deed(s) shall effectuate the voluntary merger of the separate lots into a single lot for the purposes of the Subdivision Map Act and this Chapter, and the lots shall thereafter be treated in all respects as a single lot. The Certificate of Voluntary Merger shall constitute a Certificate of Compliance for the merged lot.

K.

Certificate of Voluntary Merger Requirements. A Certificate of Voluntary Merger shall include all the following:

1.

All parties having any record title interest in the merged lot shall execute the Certificate of Voluntary Merger before a Notary Public and submit it to the City Engineer, excepting all those interests that are excepted pursuant to the provisions of Government Code Section 66436. The City Engineer shall also execute the Certificate of Voluntary Merger, but the signature need not be notarized.

The Certificate of Voluntary Merger shall include an express written statement that the consolidation of the legal descriptions of the lots is intended by the owner(s) to merge those lots into a single lot as set forth in the legal description of the merged lot. This shall be accomplished as follows:

a.

The deed or deeds that comprise the ownership interests of each lot subject to the voluntary merger shall be attached to the certificate of voluntary merger, or the recorder number of each deed to each lot subject to the Voluntary Merger shall be referenced in the Certificate of Voluntary Merger.

b.

The legal description of the merged lot approved by the City Engineer shall be attached to the Certificate of Voluntary Merger.

(§ 2 (Exh. A), Ord. No. 1343, eff. November 10, 2022)

A.

A Reversion to Acreage shall be initiated, processed, reviewed, and approved or denied in compliance with Map Act Sections 66499.11 et seq. and the findings therein. Conditions of approval may require dedications necessary to the orderly development of the area.

B.

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 Schedule of Service Charges.

C.

A Parcel Map may be filed to revert to acreage land previously subdivided as four or fewer contiguous parcels under the same ownership, in compliance with Map Act Section 66499.20-1/4; otherwise a Final Map shall be required.

(§ 5, Ord. 1085, eff. January 6, 2006)