A. Notwithstanding
any other provisions of this title to the contrary, every person desiring
to adjust a legal lot line between two or more adjacent lots, where
the land taken from one lot is added to an adjacent lot, or to merge
contiguous parcels under common ownership initiated by a private property
owner, without creating a greater number of lots shall comply with
the provisions of this chapter. All lots prior to adjustment proposed
to be included in a lot line adjustment or merger shall be lots lawfully
created under the provisions of the state Subdivision Map Act and
local ordinances adopted pursuant thereto.
B. In
the alternative, the applicant may elect to accomplish a lot line
adjustment by preparing a parcel map in accordance with this title
without filing a tentative parcel map.
(Ord. 87-10; Ord. 88-10; Ord. 2019-10)
A. The
applicant shall file with the Development Services Director (hereinafter
"Director") an adjustment plat prepared and signed by a licensed civil
engineer or land surveyor and the subject property owner(s), which
clearly shows all existing and proposed lot lines and all structures
on the properties. The form and content of the application must comply
with the requirements established by the Director.
B. The
applicant shall pay the established fee before the application is
accepted for filing.
(Ord. 2003-08; Ord. 2019-10)
A. Prior
to approval of a lot line adjustment, any parcel which is served by
an on-site sewage disposal system must be reviewed by the Department
of Health to ensure that the proposed lot line adjustment:
1. Will
not adversely impact upon existing sewage disposal facilities; and
2. Will
conform to all property line setback requirements for sewage disposal
facilities.
B. No
lot line adjustment shall be approved for any property with a substandard,
on-site sewage disposal system unless such system is improved to conform
with existing standards.
C. Upon
review and approval by the Department of Health, a designated officer
of the Department shall sign a certificate on the proposed record
of survey.
(Ord. 87-10; Ord. 2019-10)
A. The
Director shall determine whether the existing parcels to be adjusted
are legal lots of record. The Director may require a certificate of
compliance be prepared for the existing parcels. The applicant shall
pay the required fee for preparation of the certificate of compliance.
B. The
Director shall act within 45 days of filing a complete application.
C. The
Director is authorized to approve, disapprove or direct the revision
of the proposed lot line adjustment in order to bring the proposal
into conformance with the Municipal Code as to setbacks, lot width,
lot depth and lot area.
D. The decision of the Director shall become final unless a timely appeal is filed pursuant to Chapter
1.12.
E. The Director when authorized, shall render a final determination without conducting a noticed public hearing. The Director may hold a public hearing prior to making a final determination which shall be noticed according to the provisions of Chapter
30.01 as modified by this chapter. The Director may refer the application, with a recommendation to the Planning Commission.
F. If
the Director has referred the application to the Planning Commission,
the Director shall cause the filed application to be presented at
a noticed public hearing conducted by the Planning Commission.
G. The
Planning Commission shall make a final determination on the application
when authorized. Otherwise, the Planning Commission shall make a recommendation
to the City Council.
H. If
the Planning Commission made a recommendation, the Director shall
cause the filed application to be presented at a noticed public hearing
conducted by the City Council which shall render a final decision.
(Ord. 92-14; Ord. 92-39; Ord. 96-07; Ord. 2019-10; Ord. 2022-07)
The application to adjust a lot line shall be approved unless
the parcels resulting from the adjustment will:
A. Create
a condition which does not comply with zoning and development regulations.
All parcels resulting from a lot line adjustment shall comply with
minimum City requirements for lot size, dimensions, access, parking
and circulation, and all other applicable development standards established
through the Zoning and Development Code. The lot line adjustment shall
also be found to promote available design standards and guidelines
as established through the Zoning and Development Code. The lots resulting
from a lot line adjustment and existing and/or potential development
on those lots shall be found to be within limitations for lot density
and intensity of development and use as established through the Zoning
and Development Code.
B. Create
a condition which does not comply with building regulations.
C. Materially,
adversely affect an agreement for the security for the construction
of public improvements.
D. Extends
beyond the City limit boundary.
E. Requires
substantial alteration of any existing improvement or creates a need
for any new improvement.
F. Adjusts
the boundary line between lots which are subject to an agreement for
public improvements, unless the City Engineer finds that the proposed
adjustment will not materially affect such agreement for the security
therefor.
(Ord. 87-10; Ord. 88-10; Ord. 2019-10)
A. Any person aggrieved by a final determination made under the authority of this chapter may file with the next higher authority an appeal pursuant to Chapter
1.12.
B. A final
determination by the Director or the Planning Commission shall be
appealed to the City Council.
(Ord. 92-14; Ord. 92-39; Ord. 2019-10)
The appeal authority shall sustain, overrule or modify the decision.
With the concurrence of the applicant, the matter may be returned
to the authorized agency for further action.
(Ord. 92-39; Ord. 2019-10)
An action to approve a lot line adjustment shall be valid for two years from the date of action of the authorized agency or appeal authority. Within this time the remaining procedures specified under Section
24.70.110 of this chapter shall be completed; otherwise, the approval shall expire and be of no further effect.
(Ord. 92-39; Ord. 2017-03; Ord. 2019-10)
A. The
Director may grant time extensions to approved lot line adjustment
applications according to the following procedures and standards:
1. Upon
application received prior to the expiration of the approved lot line
adjustment, the Director may extend the time of expiration for a period
not to exceed one year from the date of expiration of the approved
lot line adjustment application. No more than three such time extensions
may be granted to any lot line adjustment application. The Director
shall consider the current circumstances of the site and the surrounding
area. The conditions of approval shall remain substantially unchanged
from the originally approved application for lot line adjustment.
A need to alter or add conditions, attach additional development fees,
or alter map design shall be grounds for denial of the time extension;
the applicant may file a new lot line adjustment application.
2. Upon proper receipt of an application, according to the provisions of this section, to extend approval of a lot line adjustment, the approval shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the Director denies an application for an extension, the applicant may appeal to the legislative body pursuant to Chapter
1.12. Upon proper filing of an application for extension, public notice shall be made in accordance with the provisions of Chapter
30.01 as modified by this chapter. A public hearing is not required.
(Ord. 92-14; Ord. 92-39; Ord. 2019-10; Ord. 2022-07)
Upon notification of approval if no appeal is filed, or approval
after appeal, the applicant(s) shall comply with conditions imposed.
The applicant(s) shall also have prepared and recorded new deeds of
property ownership to conform to the adjusted lots as approved. The
applicant(s) shall deliver to the Director two copies of the recorded
deeds of ownership, together with evidence of compliance with conditions,
and closure calculations for each of the lots as adjusted. No record
of survey shall be required for completion of an approved lot line
adjustment, unless otherwise required by Section 8762 of the California
Business and Professions Code. Upon written confirmation by the City
Engineer that these instruments are in substantial compliance with
the lot line adjustment application as approved, the Director shall
have prepared and recorded a certificate of compliance for each of
the new lots. Recordation of the certificates of compliance shall
complete the process for an approved application for lot line adjustment.
(Ord. 2000-14; Ord. 2019-10)