The procedure outlined in this chapter shall govern the processing of and requirements for lot line or boundary adjustments, pursuant to Subdivision Map Act Section 66412(d).
(Ord. 08-01 §1, 2008)
A.
Any adjustment may be filed pursuant to the provisions of this section to adjust the boundaries between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, provided the staff can determine that the proposed adjustment does not:
1.
Create any additional parcels;
2.
Include any parcels which are not legal as defined in the Municipal Code;
3.
Impair any existing access or create a need for new access to any adjacent parcels;
4.
Impair any existing easements or create a need for any new easements serving any adjacent parcels;
5.
Require substantial alteration of any existing improvements or create a need for any new improvements; and
6.
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 city determines the proposed adjustment will not significantly affect the covenant of improvement requirements.
B.
Nothing in this chapter is intended to prohibit a subdivider from proposing lot line adjustments in conjunction with a subdivision of land which is being processed by means of a final map or parcel map. In addition, an applicant may follow the minor subdivision procedure set forth in this title to accomplish a lot line adjustment as an alternative to following the procedures in this section.
(Ord. 08-01 §1, 2008)
A.
A lot line adjustment diagram, as described in this chapter, is required for all lot line adjustments.
B.
The applicant for a lot line adjustment shall deliver to the planning director, and copies of a lot line adjustment diagram, as specified by the planning director, on which the proposed lot line adjustment is shown.
C.
At the time of delivering the lot line adjustment diagram, the applicant shall pay to the planning director a fee which shall be established from time to time by resolution of the city council.
(Ord. 08-01 §1, 2008)
A.
The lot line adjustment diagram shall be on paper eight and one-half by eleven inches or eighteen by twenty-six inches. The lot line adjustment diagram shall be legibly drawn in pencil or ink and shall use a decimal or an engineer's scale adequate and appropriate for the diagram. The lot line adjustment diagram shall clearly show the following information:
1.
The boundary lines of the original parcels, with dimensions indicated in feet and decimals thereof. Such information shall be based on existing survey or other record data;
2.
The proposed division lines with dimensions and the net area of each lot within such lot line adjustment;
3.
All existing surface and underground structures and improvements located on the original parcels within fifty feet of the boundary of each unit of land to be transferred or conveyed between adjoining lots or parcels;
4.
The names, locations, and widths of all abutting streets;
5.
The location, purpose and width of all existing streets and easements affected by or in close proximity to the land to be conveyed between adjoining lots;
6.
The existing use of the property;
7.
The existing water supply;
8.
The existing method of sewage disposal;
9.
A description of all the property involved in the lot line adjustment sufficient to identify it on the county assessor's maps, including the section, township and range in which the property is located;
10.
Current title report of both properties along with names and addresses of all lien holders of record.
B.
Such other information as the planning director determines is necessary for him or her to properly consider the proposed lot line adjustment.
C.
The lot line adjustment diagram shall be accompanied by the following information:
1.
Legal descriptions of each adjusted parcel shown on the lot line adjustment diagram.
2.
A certificate signed by the legal owner or owners and lien holders of public record or an authorized agent stating that a lot line adjustment is requested and certifying that the information shown on the diagram is true and correct. If the certificate is signed by an agent of the legal owner or lien title holder, such agent shall submit written authorization from the owner to file the diagram.
(Ord. 08-01 §1, 2008)
A.
In his or her review of lot line adjustment diagrams, the planning director shall limit the review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to zoning and building ordinances. The planning director shall not impose conditions or exactions on the approval of the lot line adjustment except to conform to local zoning and building ordinances, or to facilitate the relocation of existing utilities, infrastructure, or easements.
B.
When the planning director determines that conditions or exactions may be necessary in order to carry out the provisions of this title, he or she shall immediately refer the lot line adjustment diagram to the city engineer for review and comment:
1.
The city engineer/city surveyor shall review the diagram and legal descriptions and determine what conditions or exactions, if any, should be placed on the application.
2.
The city engineer shall not require any conditions or exactions on the lot line adjustment except to conform to local zoning and building ordinances, or to facilitate the relocation of existing utilities, infrastructures or easements.
3.
The city engineer and public works director shall thereafter advise the planning director what conditions or exactions are to be required.
4.
If the city engineer determines that conditions or exactions are required, the engineer shall determine at what time such conditions or exactions are to be fulfilled under the same provisions of this chapter as they apply to parcel maps.
5.
Agreements for fulfilling such conditions or exactions, security for such agreements and all other matters pertaining to such conditions or exactions shall also be governed by the same provisions of this title as they apply to parcel maps.
C.
The planning director shall approve the proposed lot line adjustment whenever all of the following conditions are complied with:
1.
The lots which will result from the proposed lot line adjustment conform to all the applicable zoning and building ordinances in effect and comply with regulations set forth in this title pertaining to size, shape, and dimensions of lots in subdivisions for which tentative and final maps are required.
2.
The proposed lot line adjustment will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood or to the general welfare of the city.
D.
In addition to any other basis for disapproval, the planning director may disapprove a lot line adjustment if he or she determines that there is no real relationship between the existing parcels and the proposed new parcels and that the proposal is more adequately processed as a merger and re-subdivision pursuant to Section 6649a.20-1/2 of the Subdivision Map Act of the state of California.
E.
The planning director shall review the proposed lot line adjustment diagram and, within thirty calendar days after the lot line adjustment diagram was filed, approve, conditionally approve, or disapprove the lot line adjustment diagram. Said time limits may be extended by mutual consent of the planning director and the applicant.
1.
The planning director shall give written notice of his action to the applicant and to affected city departments and to each public and private agency to which a copy of the lot line adjustment diagram was transmitted.
F.
If the planning director approved the lot line adjustment diagram, the written decision of the planning director approving the adjustment shall be filed for record with the county recorder. Such decision shall contain a legal description of each parcel resulting from the lot line adjustment.
1.
The lot line adjustment shall not be effective until the decision of the planning director approving the diagram has been recorded as set forth in subsection (E)(1) of this section. Said decision shall not be rec-orded until the appeal period specified in this title has expired without an appeal having been filed or until the applicant waives his right to appeal, whichever occurs first. If an appeal is filed, said decision shall not be recorded until the termination of the appeal proceedings.
2.
If conditions or exactions are required by the city engineer, the decision of the planning director shall not be recorded until the required conditions and exactions have been fulfilled and, if required by the city engineer, an agreement with security is on file for fulfilling such conditions or exactions.
3.
If a lot line adjustment covers property owned by two or more different persons, the decision of the planning director approving the lot line adjustment shall be recorded simultaneously with the recording of the deeds which are necessary to make the conveyances which the approved diagram allows.
4.
The recording of the decision of the planning director shall supersede all prior recorded parcel maps, subdivision maps or other documents which create the superseded parcels and the boundaries created by the decision of the planning director shall prevail over the earlier recorded boundaries, and the recorded decision of the planning director shall so state.
(Ord. 08-01 §1, 2008)