A.
Whenever
a lot line is adjusted between two or more lots, where the land taken
from one lot is added to another lot, and where a greater number of
lots than currently exists will not be created, a lot line adjustment
application shall be filed with the director. A lot line adjustment
associated with a residential multi-unit (three or more units) or
mixed-use housing project that provides a minimum of 20 percent of
the units as affordable units for low, very low or extremely low income
households and where the applicant agrees to enter into an affordable
housing agreement prior to recordation of the lot line adjustment,
will be approved though the ministerial engineering permit process
in lieu of the discretionary lot line adjustment process.
B.
Whenever
two or more adjacent lots are to be merged voluntarily pursuant to
Section 66499.20-3/4 of the Subdivision Map Act, a voluntary merger
application shall be filed with the director. A voluntary merger associated
with a residential multi-unit (three or more units) or mixed-use housing
project that provides a minimum of 20 percent of the units as affordable
units for low, very low or extremely low income households and where
the applicant agrees to enter into an affordable housing agreement
prior to recordation of the voluntary merger, will be approved though
the ministerial engineering permit process in lieu of the discretionary
lot line adjustment process.
C.
In accordance with Government Code Section 66499.20-1/2, subdivided lands may be merged and resubdivided without reverting to acreage by complying with all applicable provisions of the Subdivision Map Act and this title. All such requests shall be processed as a tentative map application in accordance with the requirements of Section 18.06.040 et seq. The filing of the final map or parcel map shall constitute the legal merger of the separate parcels into one parcel and the resubdividing of such parcel.
(Ord. 2747 § 1, 1993; Ord. 6477 § 8, 2022)
A.
A completed
application made on a form provided by the director.
B.
A preliminary
title report current within the previous six months for all properties
involved.
C.
A site
plan which shows the following:
1.
The
date of preparation, a north arrow, and scale of the map;
2.
If
the map is based on a survey, the date of the survey;
3.
A
vicinity key map of appropriate scale covering sufficient adjoining
territory to clearly indicate the nearby street patterns, major access
streets, property lines, and other adjacent properties;
4.
A
statement of existing and proposed zoning and existing and proposed
uses of the property;
5.
Boundaries
and dimensions of the property(ies) involved in the application, with
sufficient information to locate all existing and new property lines
of each lot;
6.
Topographic
information shall be sufficient to fully show the configuration of
the land and any and all depressions that present drainage problems;
7.
The
location and general description of any trees with notations as to
their specimen type, and other significant natural features, and their
retention or destruction;
8.
The
approximate locations of all existing wells, abandoned wells and sumps;
and an indication of any physical restrictions or conditions in the
project which would affect the use of the property;
9.
The
location of all structures which are to be retained or removed within
the project boundaries and their distances other structures and existing
or proposed street and lot lines;
10.
The locations, widths and purposes of all existing and proposed easements
for utilities, drainage and other public purposes, shown by dashed
lines, within and adjacent to the project boundaries;
11.
The location, width and directions of flow of all watercourses;
12.
The locations, widths and names or designations of all existing streets,
alleys, pedestrian ways and other rights-of-way, whether public or
private, within and adjacent to the project;
13.
Any planned line for street widening or for any other public project
in and adjacent to the project; and
14.
The total area in square footage or acreage to the nearest one-tenth
acre of each existing lot and each resulting lot.
D.
Deeds
to convey interest in the property, including legal descriptions of
the areas being conveyed, to complete the transaction shall be submitted
in a form approved by the city attorney (all deeds shall be in a form
suitable for recordation at the county recorders office); except for
voluntary mergers.
E.
Legal
descriptions of each new resulting lot for recordation.
(Ord. 2747 § 1, 1993)
The director shall review the lot line adjustment or voluntary
merger application for compliance with the requirements above. When
an application is missing information, it will be returned to the
applicant and shall not be processed.
(Ord. 2747 § 1, 1993)
The director will refer copies of the application to any city
department, local agency or other individual or group the director
believes may have an interest. If no response is received within 21
calendar days of the referral date, the director will assume that
the outside agency has no comment to make.
(Ord. 2747 § 1, 1993)
Following the referral period, the director shall send a letter
to the applicant stating whether or not all required information for
the lot line adjustment or voluntary merger application has been submitted,
and itemizing all information necessary to accept the application.
For discretionary applications the letter may also include recommended
design changes or conditions of approval which may be recommended
to the advisory agency.
If the director determines additional information is required,
and the additional information has not been received within six months
of the letter requesting the information, then the application shall
be deemed withdrawn.
If the director determines that the application meets the requirements
above, then the director shall:
A.
For
ministerial applications, forward the project to the city engineer
for review and approval.
B.
For
discretionary applications, notice the project pursuant to Table 18.04.030.A
and set a tentative action date. Except that the director has the
authority to forward the application to the commission for it to act
upon.
(Ord. 2747 § 1, 1993; Ord. 3732 § 4, 2001; Ord. 6477 § 9, 2022)
A.
A notice
of an intent to approve shall be provided for all lot line adjustment
and voluntary merger applications except that no notice of intent
shall be required to be provided for a prototype development plan
project located within the Riverside Gateway specific plan area or
for ministerial projects. Lot line adjustments and voluntary mergers
associated with a Riverside Gateway specific plan area prototype development
plan project shall be processed as stipulated in the Riverside Gateway
specific plan implementation procedures. For all other discretionary
lot line adjustments and voluntary mergers, notice of the intent to
approve shall be given at least 10 days in advance of the approval
as follows:
1.
By
mailing, U.S. first class postage prepaid, to the applicant, the property
owner of the affected property and to the property owners of all property
within 300 feet of the affected property as such owners are shown
on the last equalized assessment roll of Placer County.
B.
Each
notice to approve shall contain at a minimum:
1.
The
name(s) of the applicant(s) and property owner(s) of the affected
property;
2.
The
file number assigned to the application;
3.
The
location of the affected property, both in text and graphically in
the form of a map;
4.
A
description of the nature of the request;
5.
A
preliminary environmental determination;
6.
Identification
of the advisory agency as community development/planning director
and the scheduled date for action;
7.
The
following statement:
"The purpose of this notice is to inform you that an application
for the described project has been submitted to the Roseville Planning
Department. The Community Development/Planning Director may act on
the application without holding a public hearing, unless a public
hearing is requested in writing by you or any individual wanting to
comment on the project prior to the scheduled approval date."
8.
A
notice that if the decision is challenged in court, the challenge
may be limited to raising only those issues which were raised at the
public hearing, if a public hearing is requested, or in written correspondence
delivered to the community development/planning director at, or prior
to, the public hearing; and
9.
A
discussion of the procedure for requesting a public hearing or filing
an appeal.
C.
Written
notice shall also be given to any person requesting in writing notice
of a particular application.
D.
In
addition to these notification procedures, the city may choose to
give notice of the public hearing in any other way it deems necessary
or desirable.
(Ord. 2747 § 1, 1993; Ord. 3732 § 4, 2001; Ord. 4368 § 1, 2006; Ord. 6477 § 10, 2022)
Requests for withdrawal of any application pursuant to this
title shall be submitted to the director in writing, unless made at
the public hearing. Upon receipt of such request, the director shall
notify all concerned parties of the withdrawal. A refund of the filing
fee shall be made in accordance with adopted resolutions and ordinances
in effect at the time the withdrawal is made.
(Ord. 2747 § 1, 1993; Ord. 6477 § 11, 2022)
A.
Following the notice, the advisory agency shall approve, conditionally approve, or deny the application in accordance with the requirements of this title. All decisions of the advisory agency may be appealed in accordance with the appeal procedures of Chapter 18.24.
B.
The
advisory agency shall attach conditions to the approval of a lot line
adjustment to facilitate the following:
1.
Compliance
with the Zoning Ordinance for the district in which the parcels are
located; except that if the parcels or structures are nonconforming
with respect to Zoning Ordinance requirements, the lot line adjustment
does not increase the degree of nonconformance;
2.
Compliance
with the local building regulations, including the UBC; and
3.
The
relocation of existing infrastructure or easements.
C.
The advisory agency may, for a voluntary merger, attach conditions in addition to those listed above to achieve compliance with the general plan, any applicable specific plan, the Zoning Ordinance, the Roseville Municipal Code, the subdivision design standards in Chapter 18.08, and any other applicable policy or standard adopted by the city council.
(Ord. 2747 § 1, 1993; Ord. 3732 § 4, 2001; Ord. 6477 § 12, 2022)
Within two working days of the action by the advisory agency,
the director shall mail a notice of the decision to the applicant
at the address appearing on the application, or to such other address
designated in writing by the applicant. The notice shall contain the
following information:
A.
Findings
upon which the decision was based;
B.
The
environmental document prepared and date ratified, unless exempt;
C.
The
action of the advisory agency;
D.
Conditions
of approval;
E.
An
application expiration date and renewal requirements;
F.
Notice
of the appeal period and brief description; and
G.
Notice
of need to pursue administrative remedies.
(Ord. 2747 § 1, 1993; Ord. 3732 § 4, 2001; Ord. 6477 § 13, 2022)
A decision by the advisory agency to approve or conditionally
approve a discretionary application shall be effective upon the expiration
of the 10-calendar-day appeal period, unless an appeal is received.
A decision by the city engineer to approve a ministerial application
shall be effective upon the approval date.
(Ord. 2747 § 1, 1993; Ord. 6477 § 14, 2022)
An approved or conditionally approved lot line adjustment or
voluntary merger application is assignable, but an assignment does
not discharge any conditions or obligations of the application. If
an approved or conditionally approved application is reassigned, notice
shall be given to the director within 30 calendar days of the reassignment.
Such notice shall include the name(s) and address(es) of the "party(ies)"
assuming the approved or conditionally approved application.
(Ord. 2747 § 1, 1993)
A.
All
lot line adjustment and voluntary merger applications approved or
conditionally approved shall expire 12 months after the approval date
unless:
B.
Deeds
conveying interest in title may be waived for voluntary mergers, as
deemed appropriate by the city engineer. A record of survey shall
not be required unless required by Business and Professions Code Section
8762.
C.
Expiration
of the approval shall automatically terminate all proceedings, and
no documents which would transfer all or a portion of the real property
involved shall be filed.
However, the subsequent processing, approval and recordation
of the documents may lawfully occur after the date of the expiration
of the application if the completed documents have been submitted
to the city engineer prior to the expiration date.
(Ord. 2747 § 1, 1993)
