The purpose of this chapter is to provide a simplified procedure for the adjustment of property boundaries or the consolidation of adjacent lots or parcels where no additional lots or parcels will result.
(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. 9521 § 23, 1979)
Notwithstanding any other provisions of this title to the contrary, the procedure set forth in this chapter shall govern the processing of and requirements for adjustment plats. An adjustment plat may be filed in accord with the provisions of this chapter to adjust the boundaries between four or fewer adjoining parcels, provided the City Engineer determines that the boundary adjustment does not:
A. 
Create any additional lots;
B. 
Involve adjustments between five or more existing adjoining parcels;
C. 
Include a lot or parcel created illegally unless a certificate of compliance pursuant to Chapter 20.48 of this code has been approved and recorded for such lot or parcel;
D. 
Impair any existing access or create a need for a new access to any adjacent lot or parcel;
E. 
Impair any existing easement or create a need for a new easement;
F. 
Violate the general plan or the local coastal plan;
G. 
Violate the provisions of Title 18, 21 or 22 of this code;
H. 
Alter the city limit boundary;
I. 
Require substantial alterations of existing public improvements or create a need for a new public improvement;
J. 
Adjust the boundary between lots or parcels which are subject to an agreement for public improvements unless the City Engineer finds that the proposed adjustment plat will not materially affect such agreement or the security therefor.
(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. 9521 § 23, 1979; Ord. 9806 § 14, 1986; Ord. NS-636 § 1, 2002)
A. 
An application for an adjustment plat may be made by the owner of the property affected or the authorized agent of the owner. The application shall:
1. 
Be made in writing on a form provided by the City Engineer;
2. 
State fully the circumstances and conditions relied upon as grounds for the application; and
3. 
Be accompanied by adequate plans, a legal description of the property involved, data specified by this title and all other materials as specified by the City Engineer.
B. 
At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the City Council.
C. 
If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the City Engineer and the City Council.
D. 
The City Engineer shall not accept an adjustment plat for processing unless the City Engineer finds that:
1. 
The requirements of Title 19 of this code have been met;
2. 
The adjustment plat is consistent with the provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued.
(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. 9521 § 23, 1979; Ord. 9760 § 12, 1985; Ord. CS-192 § 39, 2012)
The City Engineer shall approve the adjustment plat if the City Engineer finds that the request complies with the requirements of this chapter.
(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. CS-192 § 39, 2012)
A revised adjustment plat shall be submitted for approval when the City Engineer finds that the number or nature of any changes necessary for approval are such that they cannot be shown clearly or simply on the original adjustment plat. When required, the failure to file a revised adjustment plat within six months from the date of the conditional approval of the original plat shall terminate all proceedings.
(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975)
The City Engineer may impose conditions or exactions on the approval of an adjustment plat between four or fewer existing adjoining parcels to the extent that the conditions or exactions are necessary to ensure compliance with the general plan, local coastal plan and applicable provisions of the city's zoning and building laws, pertaining to lots (Titles 21 and 18 of this code), including lot frontage, depth and area, access, and requirements such as setbacks, lot coverage and parking, or to facilitate the relocation of existing utilities, infrastructure or easements. The conditions imposed by the City Engineer shall be satisfied prior to the recordation of the adjustment plat or such other document authorized by law to effectuate the lot line adjustment. Lot line adjustments between five or more existing adjoining parcels shall be subject to the provisions of the Subdivision Map Act, including the requirement for the filing of a tentative and final map.
(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. 9806 § 15, 1986; Ord. NS-636 § 2, 2002)
A. 
If the City Engineer determines that the adjustment plat meets all the requirements of the municipal code and that any conditions imposed have been satisfied, the City Manager shall certify on the adjustment plat that it has been approved pursuant to this chapter, notify the City Planner and file it in the engineering department. The City Engineer shall cause to be filed with the County Recorder a certificate of compliance, having as an attachment a copy of the approved adjustment plat.
B. 
In addition to the procedures established by subsection A of this section, a lot line adjustment may be effectuated by the recordation of the deed or record of survey; provided, however, that such deed or record of survey shall not be recorded unless it contains a certification by the City Engineer that all the requirements of this chapter and any condition imposed pursuant to this chapter have been satisfied and further provided that a copy of the adjustment plat shall be attached to the deed or record of survey.
(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. 9521 § 23, 1979; Ord. 1261 § 34, 1983; Ord. 9806 § 16, 1986; Ord. NS-676 § 14, 2003; Ord. CS-164 § 10, 2011; Ord. CS-192 § 40, 2012)
A. 
When a decision on an adjustment plat is made pursuant to this chapter, the decision-making authority shall announce its decision and findings in writing.
B. 
The announcement of decision and findings shall include:
1. 
A statement that the adjustment plat is approved, conditionally approved, or denied;
2. 
The facts and reasons which, in the opinion of the decision-making authority, make the approval or denial of the adjustment plat necessary to carry out the provisions and general purpose of this title;
3. 
Such conditions and limitations that the decision-making authority may impose in the approval of the adjustment plat.
C. 
The announcement of decision and findings shall be mailed to the owner of the subject real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the engineering division.
(Ord. CS-192 § 41, 2012)
The City Engineer's approval or denial of a final map may be appealed to the City Council, subject to the same requirements for appeals of Planning Commission decisions specified in Section 21.54.150 of this code.
(Ord. 9521 § 23, 1979; Ord. CS-192 § 42, 2012)