A.
No Map Required. Pursuant to Map Act Section 66412(d), lot lines between four or fewer existing adjacent parcels may be adjusted, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this section, an "adjacent parcel" directly touches at least one of the other parcels involved in the adjustment. Parcels containing structures encroaching across original parcel lines shall be considered a single parcel for purposes of an adjustment.
B.
Application and Processing. An applicant shall submit a lot line adjustment application to the city engineer, with all information and other materials required by the city engineer. No environmental review shall be required.
C.
Approval or Denial. The director and city engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this title, the General Plan, the Zoning Code, any other applicable provisions of the municipal code, and the Map Act. The city engineer may approve, conditionally approve, or deny the lot line adjustment.
1.
Required Findings. A proposed lot line adjustment shall be denied if the city engineer finds any of the following:
a.
The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;
b.
Any parcel resulting from the adjustment will conflict with any applicable regulations of this title, the General Plan, the Zoning Code, any other applicable provisions of the municipal code, and the Subdivision Map Act; or
c.
The adjustment will result in an increase in the number of nonconforming parcels.
2.
Conditions of Approval. In approving a lot line adjustment, the city engineer shall impose conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this title; the Zoning Code; the building code and the General Plan, or to facilitate the relocation of existing utilities, infrastructure, or easements.
D.
Completion of Adjustment.
1.
Completion by Deed. A lot line adjustment shall not be effective or finally completed until recordation of a grant deed or deeds signed by the record owners. The applicant shall submit deeds to the city engineer for review and approval in compliance with subsection (D)(2) of this section, before recordation of the grant deed. A qualified registered civil engineer or a licensed land surveyor licensed or registered in the state shall prepare the legal descriptions provided in the deeds;
2.
Review and Approval by City Engineer. The city engineer shall:
a.
Examine the deeds to ensure that all record owners and lien holders have consented to the adjustment;
b.
Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the city;
c.
Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;
3.
If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and
4.
After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.
E.
Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within twelve months of approval.
(Ord. 1121 §1, 2008)