The procedure outlined in this Section shall govern the processing
of and requirements for lot line or boundary adjustments, pursuant
to Map Act Section 66412(d).
(Ord. 323 § 1 [Exhibit A],
1993)
Any adjustment may be filed pursuant to the provisions of this
Section to adjust the boundaries between four or fewer adjoining parcels,
where the land taken from one (1) parcel is added to an adjoining
parcel, and where a greater number of parcels than originally existed
is not created.
(Ord. 323 § 1 [Exhibit A],
1993)
Applications for a lot line or boundary adjustment shall be
filed with the Public Works Department on a City application form,
together with all fees, plans, maps, and any other information required
by the City Engineer or designee.
(Ord. 323 § 1 [Exhibit A],
1993)
The following items shall be required to accompany a lot line
or boundary adjustment application:
(a)
One copy of a completed application form. All owners must sign application
form.
(b)
One original of a property plot plan drawing.
(c)
One copy of the preliminary Title Report for each lot or parcel involved
(obtained from a Title Company), not more than sixty (60) days old.
(d)
One copy of the Home Owners Association's approval of the lot
line or boundary adjustment, if applicable.
(Ord. 323 § 1 [Exhibit A],
1993)
Prior to the acceptance, the City Engineer and Director of Community
Development shall determine that the proposed adjustment does not:
(a)
Create any additional or fewer parcels;
(b)
Create any parcels which are not legal as defined in the Municipal
Zoning Code and General Plan; and,
(c)
Impair any existing access or create a need for new access to any
adjacent parcels;
(d)
Impair any existing easements or create a need for any new easements
serving any adjacent parcels;
(e)
Violate any City Building Ordinances;
(f)
Require alteration of any existing improvements or create a need
for any new improvements;
(g)
Adjust the boundary between parcels for which a open space conservation
easement or deed restriction has been recorded; and
(h)
Adjust the boundary between parcels for which a covenant of improvement
requirements has been recorded and all required improvements Stated
therein have not been completed unless the Director of Community Development
determines the proposed adjustment will not significantly affect the
covenant of improvement requirements.
(Ord. 323 § 1 [Exhibit A],
1993)
(a)
Completed applications for lot line or boundary adjustment shall
be forwarded to the City Engineer for review and approval.
(b)
The City Engineer shall approve the lot line adjustment based on
the requirements of this Chapter.
(Ord. 323 § 1 [Exhibit A],
1993)
(a)
No tentative map, parcel map or final map shall be required as a
condition to the approval of a lot line or boundary adjustment.
(b)
A record of survey may be required to facilitate the preparation
of the legal description to ensure the accuracy of the description
or the elimination of any existing encroachments.
(c)
A recorded conditional Certificate of Compliance may be required
of all lot line adjustments. Any conditional Certificate of Compliance
with parcels that are tax delinquent shall not be recorded. The lot
line or boundary adjustments will be voided if the following are not
completed within one hundred eighty (180) days after the recordation
of the conditional Certificate of Compliance:
(d)
Prepayment of real property taxes.
(Ord. 323 § 1 [Exhibit A],
1993)
If any section, subsection or clause of this Chapter shall be
deemed to be unconstitutional or otherwise invalid, the validity of
the remaining section, subsection and clauses shall not be effected
thereby.
(Ord. 323 § 1 [Exhibit A],
1993; Ord. 542 § 1, 2003)
