ORDINANCE NO. ____- 2022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW AMENDING BARSTOW MUNICIPAL CODE SECTION 18.16.010
RELATING TO REVERSIONS TO ACREAGE, MERGERS AND
RESUBDIVISIONS, AND MERGER OF CONTIGUOUS PARCELS
UNDER COMMON OWNERSHIP
WHEREAS, the Subdivision Map Act (Gov. Code, § 66410 et seq.) contains a burdensome process for “reverting” subdivided lands “to acreage” (unsubdividing), but it allows local agencies by ordinance to implement procedures for processing certain applications for subdivisions, reversions to acreage, and mergers of land; WHEREAS, local agencies are authorized to implement streamlined processes for (a) reverting to acreage land previously subdivided and consisting of four or less contiguous parcels (Gov. Code, § 66499.20.1); (b) merging and resubdividing previously subdivided lands (Id., § 66499.20.2); and (c) merging contiguous parcels under common ownership. (Id., § 66499.20.3.);
WHEREAS, the City last approved a comprehensive update to its Reversions to Acreage and Lot Line Adjustment ordinance (Municipal Code section 18.16.010) in 1986; WHEREAS, the City desires to amend its Municipal Code to streamline the process for reversions to acreage, mergers, resubdivisions, and merger of contiguous parcel under common ownership in order to clarify and update this ordinance; WHEREAS, the Planning Commission of the City of Barstow has considered information presented by City staff, the applicant, and other interested parties at a public hearing held on December 13, 2021 and recommended approval of the proposed amendments to Barstow Municipal Code section 18.16.010; WHEREAS, as a means of streamlining and simplifying the process for merging and unsubdividing parcels, the City Council intends to amend the Barstow Municipal Code to provide for those streamlined processes.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BARSTOW HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Amendment of Section 18.16.010. Barstow Municipal Code Section
18.16.010 is amended to read as follows, with additions shown in underlined text and deletions shown in strike through text:
Sec. 18.16.010. - Reversions to acreage and parcel mergers. (a) Reversion to Acreage by Parcel Map. The owner of land previously subdivided and consisting of four or less contiguous parcels may file with the city engineer a parcel map for the purpose of reverting the land to acreage. The purpose of this subsection is to enact an ordinance authorized by Government Code § 66499.20.1, and any parcel map submitted and approved under this section shall be consistent with and subject to its requirements. Except to the extent otherwise required by this section and Government Code § 66499.20.1, the city engineer shall process the parcel map in accordance with Article II of Chapter 18.08 of this Code. (b) Merger and Resubdivision. When permitted by Government Code § 66499.20½.2 and subject to the conditions thereof, reversions to acreage mergers and resubdivisions shall be accomplished by the filing of tentative and final maps or parcel maps in accordance with the provisions of this title. (c) Merger of Contiguous Parcels Under Common Ownership. The owner of contiguous parcels may file a parcel map, or a certificate of compliance if seeking to have the parcel map requirement waived, to merge such parcels without reverting to acreage. The purpose of this subsection is to enact an ordinance authorized by Government Code § 66499.20.3, and any parcel map or instrument evidencing the merger submitted and approved under this section shall be consistent with and subject to its requirements. Except to the extent otherwise required by this subsection and Government Code § 66499.20.3, the city engineer shall process the parcel map in accordance with article II of chapter 18.08 of this code. If the parcel map requirement is waived, the city engineer shall follow the requirements set forth in section
18.08.024.
(d) Findings. The city engineer shall, subject to any additional requirements applicable to a parcel map under article II of chapter 18.08 of this code, approve a reversion to acreage under subdivision (a) or a merger under subdivision (c) if he or she finds that:
(A) The parcels to be merged at the time of merger are under common ownership.
(B) The parcels as merged will be consistent with or be more closely compatible with the applicable general plan, specific plan, and zoning district regulations.
(C) The parcels as merged will not be deprived of legal access as a result of the merger and access to all adjoining parcels will not be restricted by the merger.
(D) All current and any delinquent taxes have been paid on all affected parcels.
(e) Effect of Reversion to Acreage/Merger on Public Streets and Easements.
In accordance with subdivision (j) of Government Code section 66446 and Government Code sections 66499.20.1 and 66499.20.2, the recordation of a parcel map filed and approved under either subdivision (a) or (b) shall constitute abandonment of all public streets or public easements not shown on the parcel map, subject to the requirements in said sections and subject to the City’s right to maintain any public streets or public easements by so marking on the parcel map.
Section 2. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 3. CEQA Exemption. The adoption of this Ordinance and the implementation of the regulatory programs of this Ordinance do not require further review under the California Environmental Quality Act (“CEQA”) pursuant to subdivision (b) of CEQA Guidelines Section 15378, in view of the fact that this Ordinance constitutes general policy and procedure making that, by streamlining and simplifying the process for merging and unsubdividing parcels, would not result in the creation of additional parcels that would have a potential for development resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
The adoption of this Ordinance is furthermore categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305 for minor alterations to land use limitations that which do not result in any changes in land use or density.
Section 4. Effective Date. This ordinance shall take effect thirty (30) days after its adoption by the City Council.
Section 5. Certification. The City Clerk of the City of Barstow is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.
PASSED, APPROVED and ADOPTED this ____ day of __________, 2022. __________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. XXX-2022, which was introduced at the regular meeting of the City Council of the City of Barstow held on the __ day of _______, 2022 and adopted at a regular meeting of the City Council on the ___ day of _______, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Andrea Flores, City Clerk