This chapter provides for the adjustment of the size and configuration
of lots through lot line adjustment or lot merger. This includes the
procedures for the preparation, filing, processing, and approval or
denial of lot line adjustment applications, consistent with the policies
of the General Plan, the requirements of the Map Act (Section 66412(d)),
and the procedures for voluntary parcel mergers.
(Prior code § 16-660.010)
A. Applicability. As provided by the Map Act (Section 66412(d)),
the lot line adjustment procedure is for the purpose of relocating
lot lines between two or more existing adjacent parcels, where land
taken from one parcel is added to an adjacent parcel and where:
1. No more parcels are created than originally existed;
2. No additional lots or building sites are created; and
3. The lot line adjustment shall not result in the creation of an additional
substandard lot, nor in a decrease in the size of an existing substandard
lot.
B. Application and Processing. A lot line adjustment application
shall be prepared, filed and processed as follows:
1. Application Content. A lot line adjustment application
shall include all information and other materials required by the
City Engineer.
2. Processing. Lot line adjustment applications shall be
submitted with the required fee to the City Engineer for review and
processing. The City Engineer shall review the application for completeness
and accuracy before accepting it as being complete.
3. Ministerial Action. Approval of lot line adjustments, lot mergers, and reversions to acreage is a ministerial action that is not subject to the CEQA Guidelines and the City's CEQA Guidelines in compliance with Section
16.88.040 (Environmental determination).
C. Approval or Denial.
1. The Director and City Engineer shall determine whether the parcels
resulting from the adjustment will conform with the applicable provisions
of this Development Code.
2. The City Engineer may approve or deny the lot line adjustment in compliance with this section. Decisions by the City Engineer may be appealed to the Council in compliance with Chapter
16.100 (Appeals) of this Development Code.
D. Required Findings. A proposed lot line adjustment shall be
denied if the City Engineer finds any of the following:
1. The adjustment will have the effect of creating a greater number
of parcels than existed before adjustment;
2. Any parcels resulting from the adjustment will be in conflict with
any applicable provisions of this Development Code;
3. The adjustment will result in an increase in the number of nonconforming
parcels; or
4. The adjustment will decrease the size of an existing substandard
lot.
E. Conditions of Approval. In approving a lot line adjustment,
the City Engineer shall adopt conditions only as necessary to:
1. Conform the adjustment and proposed parcels to the requirements of
this Development Code and the Building Code;
2. Require the prepayment of real property taxes prior to the approval
of the lot line adjustment; or
3. Facilitate the relocation of existing utilities, infrastructure,
or easements.
F. Completion of Adjustment.
1. Completion by Deed. A lot line adjustment shall not
be effective until a deed signed by the record owners has been recorded.
The applicant shall submit deeds to the City Engineer for review and
approval in compliance with subsection (F)(3) of this section (Review
and approval by city engineer), before recordation of the grant deed.
The legal descriptions provided in the deeds shall be prepared by
a person authorized to practice land surveying in the State.
2. Completion by Record of Survey. If required by the Business
and Professions Code (Sections 8762 et seq.), a lot line adjustment
shall not be effective or final until a record of survey has been
checked by the City Engineer and the County Surveyor, and recorded
by the County Recorder.
3. Review and Approval by City Engineer. Following approval
of the lot line adjustment, the City Engineer shall:
a. Verify that all conditions of approval have been satisfactorily completed
and that the deeds are in substantial conformance with the lot line
adjustment as approved by the Review Authority; and
b. Record a certificate of lot line adjustment with the County Recorder.
(Prior code § 16-660.020)
A. Merger Not Required. Two or more contiguous parcels or units
of land which have been legally subdivided shall not be merged by
virtue of the fact that the contiguous parcels are held by the same
ownership. Nonconforming parcels shall be treated as a single parcel
for purposes of development in compliance with Section 16.228.040(D)(2)
(Two or more adjoining parcels—Single ownership). No further
proceedings under this Development Code shall be required for the
purpose of sale, lease, or financing, except as provided by this Subdivision
Ordinance.
B. Processing of Requested Merger. Upon request of the legal
owners of contiguous parcels, the City Engineer, following a recommendation
by the Director, may approve the merger of the property in compliance
with the Map Act (Section 66499.20 3/4). The request filed with the
City Engineer shall be in writing and shall be accompanied by data
and documents as required by the City Engineer's office.
1. Review. The lot merger application shall be reviewed for completeness and accuracy, and reviewed in compliance with Chapter
16.84 (Application Filing, Processing, and Fees) of this Development Code.
2. Ministerial Action. Approval of a lot merger is a ministerial action that is not subject to the CEQA Guidelines and the City's CEQA Guidelines in compliance with Section
16.88.040 (Environmental determination).
3. Conditions of Approval. In approving a merger, the City may impose reasonable conditions. The reasonableness of conditions may be appealed to the Council within 10 days of written notice of the conditions, in compliance with Chapter
16.100 (Appeals).
4. Completion of Merger. Upon approval, a notice of lot
merger shall be filed with the County Recorder. The form and content
of the notice shall be as required by the City Engineer.
(Prior code § 16-660.030)
Subdivided property may be reverted to acreage in compliance
with the procedures and requirements of the Map Act (Sections 66499.11
et seq.).
(Prior code § 16-660.040)