§ 17.02.320. Legal lot of record, legal lot, lot or parcel.

A.

"Legal lot of record," "legal lot," "legal parcel," "lot" or "parcel" means any of the following:

1.

A parcel of real property created by and shown on a recorded final map, parcel map, official map, or a record of survey approved by the commission or other advisory agency as such terms are defined in this chapter, which was required by the Subdivision Map Act, any predecessor statutes, or any ordinance of the county enacted pursuant thereto, to be recorded prior to the sale of the parcels shown on the map or record of survey;

2.

A parcel of real property issued a Certificate, Expedited Certificate, or Conditional Certificate pursuant to Chapter 17.52 of this title;

3.

A parcel of real property created as a result of a decree of a court of competent jurisdiction;

4.

A parcel of real property resulting from a lot line adjustment approved by a local agency, providing the deed approved as a part of the lot line adjustment process which resulted in the dimensions of the parcel being changed contains an express statement of the grantor merging any underlying parcels as may exist. If the deed approved as a part of the lot line adjustment process which changed the dimensions of the parcel does not contain an express statement of the grantor merging any underlying parcels as may exist, this deficiency may be cured by recording a new deed with the same legal description as that approved by the lot line adjustment but which also contains an express statement of intent by the grantor to eliminate any underlying parcels as may exist, providing such deed is recorded prior to the time the application for the permit or entitlement for use is filed, and a title company guarantee and owner affidavit complying with subdivisions (A)(9)(b) and (A)(9)(c) of this section have been submitted to the department from which the permit or entitlement for use is being sought which show that the present configuration of the parcel is the same as the configuration described in the deed approved and recorded to finalize the lot line adjustment;

5.

A parcel of real property conveyed by deed pursuant to a sale by or on behalf of the county treasurer in foreclosure of a lien for delinquent taxes or assessments;

6.

A parcel of real property created by deed pursuant to subsection (B) of Section 17.06.050 conveying land to or from a governmental entity, public entity, or public utility;

7.

A parcel of real property for which a permit to construct a residence or other primary structure, other than a permit involving no increase in the square footage of the floor area as defined in the state building code as adopted in Chapter 15.12, has been issued by and completed to the satisfaction of the building division of the county planning, building and environmental services department or its predecessor, or a parcel of real property that has been improved with a residence or other primary structure but at the time of the improvement a building permit or other grant of approval was not required for the improvement, provided that the date or approximate date of construction is verified by information contained in the records of the issuing agency or the county assessor; as long as a title company guarantee and owner affidavit complying with subdivisions (A)(9)(b) and (A)(9)(c), of this section, have been submitted to the department from which the permit or entitlement for use is being sought which show that the present configuration of the parcel is the same as the configuration described in the latest recorded deed as of the date of issuance of the permit to construct the residence or other primary structure, or since the date of construction of the improvement not requiring a building permit or other grant of approval;

8.

A parcel of real property for which a certificate of present extent of legal nonconformity recognizing the legal nonconforming status of a residence or other primary structure has been issued pursuant to Section 18.132.050 or its predecessor, as long as a title company guarantee and owner affidavit complying with subdivisions (A)(9)(b) and (A)(9)(c), of this section have been submitted to the department from which the permit or entitlement for use is being sought which shows that the present configuration of the parcel is the same as the configuration described in the latest recorded deed which existed at the time the certificate of present extent of legal nonconformity was issued; or

9.

A parcel of real property that complies with all of the following:

a.

The parcel was created before the date that the subdivision map act, any predecessor statutes, or any ordinance of the county adopted pursuant thereto required approval and recordation of a parcel map, final map or a record of survey approved by the commission or other advisory agency as such terms are defined in this chapter for the creation of the type and size of the parcel involved or was created by a deed which was exempt from these requirements at the time of creation;

b.

A guarantee has been issued to the owner and to the county, in an amount no less than twenty-five thousand dollars and executed by an authorized signatory of a title company licensed to do business in the state of California, verifying that in the official records of the county recorder the parcel has been described with the same legal description from the date of its creation or other specified date for which the guarantee is required up to the latest conveyance of record. Such verification shall identify the parcel by its current Napa County assessor parcel number, identify the current owner of record, include a certified copy of the last document conveying title to current owner, and include the legal description so verified as unchanged. A parcel whose existence as a separate parcel as of the date or dates for which the guarantee is provided is evidenced in the official records solely as a parcel separated or combined for assessment purposes only (SFAP or CFAP) shall not qualify for a guarantee under this subparagraph; and

c.

The owner of record has signed an affidavit declaring under penalty of perjury that the parcel has not been conveyed since the date of issuance of the guarantee document described in (b), above.

10.

A parcel of real property created by recordation of a notice of merger pursuant to Section 17.48.050.

B.

Streets, alleys and similar rights-of-way held in fee subject to an active power of termination if not used as rights-of-way are not legal lots of record under this section nor are mere easements or licenses, even if designated as "parcels" on a recorded document.

C.

Action by the county assessor to assign two parcel numbers to a single parcel, or to combine multiple legal lots into a single assessment parcel for administrative convenience, shall not be determinative of whether legal lots of record have been created or multiple parcels merged into new legal lots, or have any bearing on whether or not a legal lot of record does or does not exist under this section, nor shall the action of the county assessor in designating or failing to designate a parcel as separated for assessment purposes have any bearing on whether or not a legal lot of record does or does not exist under this section.

D.

No certificate, conditional certificate, or expedited certificate shall be required for any parcel meeting the criteria of subdivision 1 or of subdivisions 3 through 9 of subsection (A) to be considered a legal lot under this section.

E.

Parcels that are recognized pursuant to this section and thereby entitled to have applications for development processed without first being required to secure the issuance of a certificate, conditional certificate, or expedited certificate shall nevertheless be required to comply with the county general plan, county zoning and building ordinances and other lawful restrictions on the use of the parcel, including the issuance of any permit or permits or other grants of approval required by such plan, ordinances or other restrictions.

F.

Entitlement for use as used in this section includes lot line adjustments.

(Ord. 1223 § 1, 2003: Ord. 1210 § 2, 2002: Ord. 1186 § 3, 2001; Ord. 981 § 9, 1991: Ord. 887 § 4, 1988: Ord. 854 § 2 (part), 1987: prior code § 11602.12 (c))

(Ord. No. 1379, § 93, 1-29-2013)