[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.