[Ord. No. 1034,§ 1.]
A property owner(s) may request a shift or rotation of existing
lot lines or other adjustment, provided that the land taken from one
parcel is added to an adjacent parcel and a greater number of parcels
than originally existed is not created.
(a)
Submittal requirements.
(1)
An application signed by the owner(s) requesting the adjustment.
(2)
Recent title report, no older than six months from the date
of issuance.
(3)
An exhibit map identifying the proposed lot line adjustment,
and all existing features, including but not limited to easements,
utilities, and structures.
(4)
Identification of existing and proposed lot area.
(5)
Original legal description prepared by a registered civil engineer
or licensed surveyor.
(b)
Review and approval. The Subdivision Committee shall review the application and determine its conformance with the Municipal Code. Thereafter, the subdivision committee hold a public hearing in conformance with the notice and public hearing requirements identified within Article I. At such time, the Subdivision Committee may impose conditions or exactions on its approval in order to bring the application into conformance with the Municipal Code or to facilitate the relocation of existing utilities, infrastructure, or easements.
Upon approval of the lot line adjustment, the public works director
shall cause to have recorded with the county recorder, the approved
legal description, exhibit map, and certificate of compliance.
Appeals of the subdivision committee action with respect to lot line adjustments shall be made in accordance with the provisions contained within Article I.
If a lot line adjustment is approved or conditionally approved,
the community development department shall report any action thereof
to the planning commission.
[Ord. No. 1034, § 1.]
Two or more contiguous parcels or units held by the same owner
shall be considered as merged if one of the parcels or units does
not conform to the minimum parcel or lot size required by this Code,
and if all of the following requirements are satisfied:
(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:
(1)
Comprises less than six thousand square feet in area at the
time of the determination of merger.
(2)
Was not created in compliance with applicable laws and ordinances
in effect at the time of its creation.
(3)
Does not meet current standards for sewage disposal and domestic
water supply.
(4)
Does not meet slope stability standards.
(5)
Has no legal access which is adequate for vehicular and safety
equipment access and maneuverability.
(6)
Its development would create health or safety hazards.
(7)
Is inconsistent with the General Plan and any applicable specific
plan, other than minimum lot size or density standards.
(c)
For purposes of determining whether contiguous parcels are held by
the same owner, ownership shall be determined as of the date that
the notice of intention to determine status is recorded pursuant to
this article.
(d)
The parcel merger shall not be approved if any of the other conditions
as stated within the Subdivision Map Act are determined to apply.
[Ord. No. 1034, § 1.]
Prior to recording a notice of merger, the department shall
mail, by certified mail, a notice of intention to determine status
to the current record owner of the property. The notice shall state
that the affected parcels may be merged pursuant to this article and
that, within thirty days from the date the notice of intention was
recorded, the owner may request a hearing before the subdivision committee
to present evidence that the property does not meet the criteria for
merger. The notice of intention to determine status shall be filed
for record with the county recorder by the department on the same
day that then notice is mailed to the property owner.
The owner of the affected property may file a written request
for a hearing with the department within thirty days after recording
of the notice of intention to determine status. Upon receipt of the
request, the department shall set a time, date and place for a hearing
before the subdivision committee and notify the owner by certified
mail. The hearing shall be conducted within sixty days following the
receipt of the owner's request, or may be postponed or continued
by mutual consent of the subdivision committee and the property owner.
At the hearing, the property owner shall be given the opportunity
to present any evidence that the affected property does not meet the
requirements for merger specified in this article.
At the conclusion of the hearing, the subdivision committee
shall determine whether the affected parcels are to be merged or are
not to be merged and shall notify the owner of the determination.
The notice of determination shall be mailed to the property owner
by the department within five days of the date of the hearing.
[Ord. No. 1034, § 1.]
If the subdivision committee makes a determination that the
parcels are to be merged, a notice of merger shall be filed for record
with the county recorder by the department within thirty days of the
conclusion of the hearing, unless the decision has been appealed.
The notice of merger shall specify the name of the record owner and
a description of the property. The notice of merger under this article
shall be in a form approved by the public works director and shall
be approved by the public works director prior to being filed for
record with the county recorder.
If the subdivision committee makes a determination that the
parcels shall not be merged, a release of the notice of intention
to determine status shall be filed for record with the county recorder
by the department within thirty days after the subdivision committee
determination, and a clearance letter shall be mailed to the owner
by the department.
[Ord. No. 1034, § 1.]
The determination of the subdivision committee shall be appealed
first to the planning commission and then to the city council in accordance
with the provisions of this chapter; provided that the appeal shall
be filed within ten days of the date of the notice of determination
and the city council shall hear the appeal within sixty days from
the date of appeal. If, after hearing, the city council grants the
appeal and determines that the affected property has not been merged
pursuant to this article, the department shall, within thirty days
after the city council determination, file for record with the county
recorder a release of the notice of intention to determine status
and mail a clearance letter to the owner.
When the subdivision committee makes a determination to merge
or not merge contiguous parcels or units, the department shall report
any action thereof to the planning commission.
[Ord. No. 1034, § 1.]
If the owner does not file a request for a hearing within thirty
days after the recording of the notice of intention to determine status,
the subdivision committee may, at any time thereafter, make a determination
that the parcels are or are not to be merged. If they are to be merged,
a notice of merger shall be filed for record with the county recorder
by the department within ninety days after the mailing of the notice
of intention to determine status.
[Ord. No. 1034, § 1.]
If the merger of contiguous parcels or units is initiated by
the record owner, the owner may waive in writing the right to a hearing
before the subdivision committee and to all notices required by this
article. Upon receipt of such waiver, the department shall simultaneously
file for record with the county recorder a notice of intention to
determine status, the waiver of right of hearing and notice, and a
notice of merger.
[Ord. No. 1034, § 1.]
Any parcel which has merged under the provisions of any law
prior to January 1, 1984, and for which a notice of merger had not
been recorded on or before that date, shall be unmerged if on that
date the conditions contained within this article cannot be met.
[Ord. No. 1034, § 1.]
Upon written application made by the owner to the community
development department, the subdivision committee shall make a determination
that the affected parcels have merged or are to be merged. If the
subdivision committee determines that the parcels have not merged,
the owner shall be so notified by the department.
If the subdivision committee determines that the parcels have
merged and that they meet the requirements for unmerger, a notice
of status, as approved by the public works director, shall be issued
to the owner and filed for record with the county recorder by the
department, which shall identify each parcel and declare that they
are unmerged pursuant to this article.
If the subdivision committee determines that the parcels have
merged and do not meet the unmerger requirements in, a notice of merger
specifying the record owner and description of the parcel shall be
issued to the owner and filed for record with the county recorder
by the department. The owner may appeal the decision of the subdivision
committee as provided in this chapter.
