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)
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)
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)