The procedure set forth in this chapter shall govern the processing of and requirements for approval and recordation of lot line adjustments between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created. All other lot line adjustments shall require a tentative map pursuant to Chapter 27.07 and a final or parcel map pursuant to Chapter 27.09.
(Ord. 5380, 2005)
An application for a lot line adjustment pursuant to this chapter shall be filed with the Community Development Department. The application shall be on a form prescribed by the Community Development Director and accompanied by a fee established by resolution of the City Council. The Community Development Director shall prepare a listing of required information that must be contained in applications for lot line adjustments as the Director deems necessary to comply with the intent of this chapter and other parts of this code. This listing of required information that must be contained in applications for lot line adjustments shall be made available to architects, developers, engineers, property owners and other interested individuals.
(Ord. 5380, 2005)
The Advisory Agency shall conduct a public hearing regarding the application for a lot line adjustment at which time the Advisory Agency shall: (1) receive a report on the design and improvement of the proposed lot line adjustment from the Community Development Department with staff recommendations, (2) at the election of the applicant, receive a presentation regarding the proposed lot line adjustment, and (3) receive public comment from interested persons. Following the close of the public hearing, the Advisory Agency shall approve, conditionally approve or disapprove the lot line adjustment.
(Ord. 5380, 2005)
The Advisory Agency shall limit its review of the lot line adjustment to a determination of whether or not the parcels resulting from the proposed lot line adjustment will conform to the general plan, any applicable coastal plan, and the zoning and building ordinances. The Advisory Agency shall not approve a lot line adjustment unless it finds that the resulting lots will conform with the general plan, any applicable coastal plan, and the zoning and building ordinances. The Advisory Agency shall not impose conditions or exactions on its approval of a lot line adjustment except as necessary to conform to the general plan, any applicable coastal plan, and zoning and building ordinances, or to facilitate the relocation of existing utilities, infrastructure, or easements.
(Ord. 5380, 2005)
The time limits for acting on lot line adjustments shall be consistent with the time limits for acting on tentative maps pursuant to the Subdivision Map Act and any other pertinent state law. The time limits specified in this section for acting on lot line adjustments may be extended by mutual consent of the applicant and the Advisory Agency.
(Ord. 5380, 2005)
A. 
From decisions of the Staff Hearing Officer.
1. 
Suspensions. The Chairperson, Vice Chairperson or other designated member of the Planning Commission may take action to suspend any decision of the Staff Hearing Officer serving as the Advisory Agency and to schedule a public hearing before the Planning Commission to review said decision. The notice of suspension must be filed with the Community Development Department within 10 calendar days of the date of the Staff Hearing Officer's decision. The Community Development Department shall prepare a report to the Planning Commission with staff recommendations, including all maps and data and a statement of findings setting forth the reasons for the Staff Hearing Officer's decision. In the case of such suspension and review of the Staff Hearing Officer's decision, the Planning Commission shall serve as the Advisory Agency. The Planning Commission shall affirm, reverse, or modify the decision of the Staff Hearing Officer after conducting a public hearing. Notice of the time and place of the public hearing shall be given in accordance with the notice required for the public hearing before the Staff Hearing Officer.
2. 
Appeals. The decisions of the Staff Hearing Officer serving as the Advisory Agency may be appealed to the Planning Commission serving as the Appeal Board by the applicant or any interested party adversely affected by the decision of the Advisory Agency. The appeal must be filed with the Community Development Department within 10 calendar days of the date of the Staff Hearing Officer's decision unless a longer appeal period is allowed for other actions taken concurrently with the decision on the application, in which case the longer appeal period shall prevail. The appellant shall state specifically in the appeal how the decision of the Staff Hearing Officer is not in accord with the provisions of this title or the Subdivision Map Act or how it is claimed that there was an error or an abuse of discretion by the Staff Hearing Officer. The Community Development Department shall prepare a report to the Planning Commission with staff recommendations, including all maps and data and a statement of findings setting forth the reasons for the Staff Hearing Officer's decision. The Planning Commission shall affirm, reverse, or modify the decision of the Staff Hearing Officer following a public hearing. Notice of the time and place of the public hearing shall be given in accordance with the notice required for the public hearing before the Staff Hearing Officer; however, in addition to any other required notice, written notice shall be sent by first-class mail to the appellant.
B. 
From decisions of the Planning Commission. The decisions of the Planning Commission on suspensions or appeals from decisions of the Staff Hearing Officer may be appealed to the City Council serving as the Appeal Board by the applicant or any interested party adversely affected by the decision of the Planning Commission. The appeal must be filed with the City Clerk within 10 calendar days of the date of the Planning Commission's decision unless a longer appeal period is allowed for other actions taken concurrently with the decision on the application, in which case the longer appeal period shall prevail. The appellant shall state specifically in the appeal how the decision of the Planning Commission is not in accord with the provisions of this title or the Subdivision Map Act or how it is claimed that there was an error or an abuse of discretion by the Planning Commission. Prior to the hearing on said appeal, the City Clerk shall inform the Community Development Department that an appeal has been filed, and the Community Development Department shall prepare a report to the City Council with staff recommendations, including all maps and data and a statement of findings setting forth the reasons for the Planning Commission's decision. The City Council shall affirm, reverse, or modify the decision of the Planning Commission following a public hearing. Notice of the time and place of the public hearing shall be given in accordance with the notice required for the public hearing before the Planning Commission; however, in addition to any other required notice, written notice shall be sent by first-class mail to the appellant.
C. 
Time for consideration. The time limits for acting on suspensions or appeals of decisions concerning lot line adjustments shall be consistent with the time limits set for acting on appeals of decisions concerning tentative maps pursuant to the Subdivision Map Act and any other pertinent state law. The time limits specified in this section for acting on lot line adjustments may be extended by mutual consent of the applicant and the Appeal Board.
D. 
Fees. Each appeal shall be accompanied by the appeal fee in the amount established by resolution of the City Council. No fee shall be charged for a suspension of a Staff Hearing Officer action by the Chairperson, Vice Chairperson or other designated member of the Planning Commission.
(Ord. 5380, 2005)
If any public improvements are required by the Advisory Agency or Appeal Board as a condition of approval for the lot line adjustment, the applicant shall enter into one of the following agreements:
A. 
An agreement with the City upon mutually agreeable terms to thereafter complete such improvements at the applicant's expense.
B. 
An agreement with the City to thereafter (1) initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements, or (2) if not completed under such special assessment act, to complete such improvements at the applicant's expense. Performance of such agreements described herein shall be guaranteed by a security specified in Chapter 5 of the Subdivision Map Act and Section 27.11.030 of this title.
(Ord. 5380, 2005)
A. 
Following the approval or conditional approval of a lot line adjustment by the Advisory Agency or the Appeal Board, and prior to the recording of documents accomplishing or implementing the lot line adjustment, the applicant shall submit the following to the City Engineer:
1. 
Documents necessary to convey each and every property interest required to accomplish or implement the lot line adjustment, such as: agreement relating to the lot line adjustment, quitclaim deeds and acceptance thereof, or a declaration of lot line adjustment.
2. 
Legal descriptions of each lot before and after the lot line adjustment, prepared by a licensed surveyor.
3. 
Copies of all documents pertinent to the lot line adjustment (i.e., easements, deeds of trust, leases, agreements, etc.).
B. 
At the time the documentation of the lot line adjustment is submitted to the City Engineer, the applicant shall pay all fees for the review and processing of the documents in accordance with the current City Council fee resolution.
C. 
No record of survey map shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. However, a record of survey map, prepared by a registered civil engineer or land surveyor, is strongly recommended.
(Ord. 5380, 2005)
Once all required fees have been paid and all required documentation has been submitted, the City Engineer shall examine the documentation and accompanying data as to correctness of surveying data and computations, and such other matters as require checking to insure compliance with the provisions of State law and the municipal code. Within 20 days of receipt of the documentation and all required accompanying data, the City Engineer shall either: (1) endorse his or her approval and transmit one copy to the applicant and one copy to the Community Development Department; or (2) return the documentation to the applicant together with a statement setting forth the grounds for its return.
(Ord. 5380, 2005)
A. 
Expiration. The approval or conditional approval of a lot line adjustment shall expire three years from the date on which final action is taken approving or conditionally approving the lot line adjustment.
B. 
Extension. The applicant may request an extension of the approval or conditional approval of a lot line adjustment by written application to the Staff Hearing Officer filed with the Community Development Department, such application to be filed before the expiration of the lot line adjustment. The application shall state the reasons for requesting the extension. An extension or extensions of a lot line adjustment approval shall not exceed an aggregate of two years beyond the expiration of the three year period provided in Section 27.40.100.A.
C. 
Appeal. If the Staff Hearing Officer denies the applicant's application for an extension, the applicant may appeal said denial to the City Council within 15 days after the Staff Hearing Officer action.
(Ord. 5380, 2005; Ord. 5798, 2017)