Notwithstanding any other provision of this title to the contrary,
the procedure set forth in this article shall govern the processing
of and requirements for adjustment plats. Any adjustment plat may
be filed pursuant to the provisions of this article to adjust the
boundaries between two, three or four lots, provided the planning
director determines that the exchange of property does not involve
the following situations.
A.
Create
any new lots.
B.
Include any lots or parcels created illegally, unless such lot or parcel has been approved by the planning director or, on appeal, the city council, pursuant to Chapter 16.20 of this title, and a certificate of compliance relative thereto has been filed with the county recorder.
C.
Impair
any existing access or create a need for new access to any adjacent
lots or parcels.
D.
Impair
any existing easements or create a need for any new easements serving
any adjacent lots or parcels.
E.
Require
substantial alteration of any existing improvements or create a need
for any new improvements.
G.
Structures
on any lots involved in the adjustment fail to conform to all appropriate
setback requirements of Title 17 of the Lemon Grove Municipal Code.
A.
Application. The applicant desiring approval of an adjustment plat shall file an application for approval with the planning director. The application shall consist of an adjustment plan in such form and accompanied with such information as required by Section 16.16.040 of this title for tentative parcel maps, and a fee as set forth in Chapter 16.08 of this title which will not be refundable. The adjustment plat shall be prepared by or under the direction of a California-registered civil engineer or a California-licensed land survey- or and shall display the engineer's or surveyor's license number. The planning director may refer copies of such plat to other public agencies for review and comment thereon.
B.
Sewer
and Water Availability. An adjustment plat will not be accepted for
processing until the applicant submits the following letters referenced
by the property owner's name and assessor's parcel number, to the
planning department:
1.
A
letter from the San Diego County Department of Public Works, Land
Development Division—Permit and Project Processing Center, stating
that sewers can and will be installed to each lot, or that sewer service
is already available to each lot.
2.
A
letter from the Helix Water District certifying that water can and
will be provided to each lot, at a minimum pressure of twenty-five
pounds per square inch.
C.
Approval.
Within fifteen calendar days after the application for approval of
an adjustment plat has been filed, the planning director shall approve,
or conditionally approve or disapprove such plat. The applicant shall
be notified of the planning director's action by written notice. Notice
shall be deemed to have been given upon deposit of the notice in the
United States mail with postage thereon prepaid.
D.
Certification.
If the planning director determines that the adjustment plat meets
the requirements of this title, he or she shall certify on the adjustment
plat that it has been approved pursuant to this title and file it
in the planning department. A revised adjustment plat shall be submitted
for certification when the planning director finds that the number
or nature of the changes necessary for approval are such that they
cannot be shown clearly or simply on the original adjustment plat.
Whenever applicable, the planning director may prescribe the
following requirements as conditions of approval of an adjustment
plat.
A.
Parcel Boundaries. Relocation of lot lines to provide lots that meet the requirements of the health department, comply with any applicable zoning regulations, and conform to standards of lot design specified in Section 16.12.220.
B.
Access.
The provisions of safe and adequate access to each lot or parcel within
the adjustment plat.
C.
Flood
Line. The addition of a distinctive boundary line, clearly labeled,
which delineates the limits of any area determined by the city engineer
to be subject to flooding. The plat shall contain an appropriate note
stating the area is subject to flooding.
When required by the planning director, the failure to file
a revised adjustment plat within six months from the date of conditional
approval of the original plat shall terminate all proceedings.
Except as otherwise provided in this title, all minor subdivisions shall conform to the lot design requirements of Section 16.12.220 of this title.
A.
All
lots shall maintain a minimum building envelope (area within which
a dwelling may be constructed) of twenty-eight feet by fifty feet,
exclusive of required yards.
B.
The
creation of access easements which are not necessary to provide primary
access to lots will not be permitted.
C.
The
width and area of the private access easement shall not be included
in the determination of minimum lot width and area.
D.
Off-site
access easements which provide access to minor subdivisions shall
not be allowed to decrease the width, depth, and/or area of the parcel(s)
over which the easement is granted to less than the width, depth,
and/or area permitted by the city subdivision and zoning codes.
Notwithstanding the provisions of Section 16.12.220(J), when a property which abuts a street shown as an "Arterial Street" on the circulation element of the general plan is to be divided into four or fewer lots, and when the subject property is not capable of division into any more than four lots, the planning director may waive the requirement for relinquishment of access to the street.
Other provisions of this title notwithstanding, panhandle-shaped
or flag-shaped lots shall have a minimum frontage to twenty feet on
a dedicated street. Panhandles may not serve as access to any lot
except the lot of which the panhandle is a part, nor shall any panhandle
have a length of more than two-thirds the distance from the street,
on which the panhandle fronts, to the rear lot line. No portion of
a panhandle may be used to satisfy the required lot area for the zone
in which the lot is located.
No parcel map filed pursuant to this chapter shall be approved
by the city engineer, unless and until the following conditions have
been satisfied:
A.
Except as provided in Section 16.16.320, there shall be offered for dedication, pursuant to Section 16.16.330 of this title, right-of-way for streets in accordance with city standards within the boundaries of the land to be subdivided. The planning director shall condition his/her approval of the tentative parcel map upon acceptance by the city of the offered dedication prior to the final approval of the parcel map.
B.
Streets
providing access to the land to be subdivided shall be offered for
dedication to the city in accordance with city standards or to the
county or the state; provided, that in lieu thereof, access to land
to be subdivided which is located in any zone other than a multiple
residence, commercial, or industrial zone, may be provided by a private
road easement under the following circumstances:
1.
When
no access to the land to be subdivided exists, or if access thereto
was established after the effective date of the ordinance codified
in this title, and practical difficulty in obtaining rights over intervening
land makes an offer of dedication impossible or circumstances such
as location, traffic volume or use make such offer of dedication unwarranted,
a private easement not less than forty feet wide may be approved in
lieu thereof; or
2.
When
access less than forty feet wide to the land to be subdivided existed
as of the effective date of the ordinance codified in this title,
such access may be approved, provided that, prior to certification
of the parcel map by the city engineer, the access is recorded; and,
provided further, that no parcel served by such access as of the effective
date of the ordinance codified in this title, may be split into lots
of an average size of less than one acre. No minor subdivision shall
be approved when access from a maintained public street or highway
to the land to be subdivided is less than twenty feet wide.
C.
Streets
which are proposed on the boundaries of a minor subdivision shall
be offered for dedication to a width of no less than thirty feet.
In the event that the offer of dedication for such streets is to be
accepted prior to final approval of the parcel map, a strip of land
one foot wide extending along the outer edge of the land offered for
dedication may be required to be offered to the city for street purposes
and over which access rights are relinquished.
D.
Offers
of dedication for streets which will be accepted before final approval
of the parcel map and which streets are proposed to be terminated
at the boundary of the minor subdivision may be required to include
a strip of land one foot wide extending across the street at its point
of termination at the boundary which shall be portions of the adjacent
lots, offered for street purposes and over which access rights are
relinquished.
E.
Easements for public utilities and drainage ways shall be offered for dedication in the manner prescribed by Section 16.16.330 of this title, as required by the planning director when he or she determines that such offers of dedication are necessary to serve the subdivision and/or are a reasonable and logical extension of such facilities as exist in the vicinity.
When dedication of right-of-way is required pursuant to Section 16.16.310 of this title and all of the land to be subdivided is in any zone other than a multiple residence, commercial or industrial zone, then any provision of the city standards to the contrary notwithstanding, the following standards of dedication shall apply:
A.
No
offer of dedication for street purposes shall be required within the
boundary of a minor subdivision when such street is necessary only
to serve lots created by the minor subdivision, in which case a private
road easement, not less than twenty feet wide may be approved in lieu
of such offer of dedication; provided, however, that no more than
four such lots may ever be created from the original parcel, nor shall
such easement provide access to any adjacent property, until an offer
of dedication for street purposes has been made.
B.
Offers
of dedication for rights-of-way for highways other than highways shown
as collectors, arterials or freeways on the circulation element of
the city's general plan shall be made in accordance with the city
standards.
C.
Offers
of dedication for rights-of-way for highways shown as collectors,
arterials or freeways on the circulation element of the general plan
shall be required only as follows:
1.
Sufficient
right-of-way shall be dedicated to provide thirty feet of right-of-way
from the centerline of the highway to the boundary line of each lot
or parcel of land included within the parcel map which abuts upon
the highways. The right-of-way so dedicated shall be shown on the
parcel map.
2.
The
definite location of the centerline of every such highway, as such
location is established by the city engineer, shall be shown on every
such parcel map.
3.
The
full width of every such highway shown on every such parcel map shall
be identified by a line drawn at the appropriate location and labeled
"limit of proposed street widening." The full width of such highway
is as follows:
4.
A
building line is established on each side of and parallel to the centerline
of every highway shown on the circulation element of the general plan,
except in multiple residence, commercial and manufacturing zones.
The distances in feet from the centerline of the highway to the building
line shall be as follows:
5.
Whenever
any such highway is shown on a parcel map, the building line shall
be shown at the appropriate location and labeled "Building Line."
No building or structure of any kind may be constructed or altered
on any lot abutting a street which is shown on the circulation element
of the general plan, and no change may be made in the use or occupancy
of any such building or structure, if any portion of the building
or structure protrudes into the area between the building line and
the centerline of the highway.
6.
No
building or structure shall be constructed or altered and no change
may be made in the use or occupancy of a building within those triangles
formed at the intersection of streets which are general plan highways
or of a street which is a general plan highway, with any other street
by the building lines parallel to such intersecting streets for a
distance of twenty feet, from such intersection on each of such lines
and a line connecting the points on such lines which are twenty feet
from the intersection. If there is no building line on one such street,
the front yard setback line established by the zoning ordinance for
the zone in which the lot is located shall be used in lieu thereof.
Pursuant to Section 66447 of the Subdivision Map Act, all dedications
or offers of dedication required by the provisions of this chapter
shall be by separate instrument and shall be completed prior to filing
of the parcel map. An offer of dedication shall be in such terms as
to be binding on the owner, his or her heirs, assigns or successors
in interest and, except as provided in subsection (b) of Section 66477.2
of the Government Code, shall continue until the city council accepts
or rejects such offer. Any such dedication or offer of dedication
shall be free of any burden or encumbrance which would interfere with
the purposes for which the dedication or offer of dedication is required.
The subdivider shall provide a current preliminary title report or
equivalent proof of title satisfactory to the city engineer.
As a condition precedent to the approval of a parcel map for
a minor subdivision filed pursuant to the Subdivision Map Act and
this title, it shall be required that the subdivider meet the following
requirements.
A.
Improve
in accordance with the city standards all rights-of-way offered for
dedication for street purposes which are accepted by the city prior
to the approval of the parcel map.
B.
Install other improvements and facilities in accordance with the requirements set forth in Section 16.12.240 of this title; except, that improvement of private road easements shall be as set forth in subsection C of this section and fire hydrants shall be installed as provided in subsection D of this section.
C.
Pave
all private road easements with asphalted concrete or Portland concrete
over an approved base in accordance with the private street standards
for the city of Lemon Grove. In order to insure a well-drained roadway,
the city engineer may require the installation of curbs, gutters,
culverts, and other drainage facilities.
Private access easement roads shall have a minimum width as follows, except as provided in Section 16.16.310 (B)(2):
|
POTENTIAL LOTS*
|
EASEMENT WIDTH
|
PAVEMENT WIDTH
|
PARKING WITHIN EASEMENT
|
|---|---|---|---|
|
0 – 4
|
20 ft.
|
18 ft.
|
Not permitted
|
|
5 – 8
|
30 ft.
|
28 ft.
|
One side only
|
|
9 or more
|
40 ft.
|
36 ft.
|
Both sides
|
|
Notes:
| |
|---|---|
|
*
|
Maximum number of lots which may ever be created from the parcel
to be subdivided or from other parcels which must use this private
easement road for access to a publicly maintained street.
|
D.
Fire
hydrants will be required by the city fire chief in a manner consistent
with the Uniform Fire Code or ordinances adopted by the city amending
the provisions of such code.
E.
Provide
proof satisfactory to the director of public health that there exists
an adequate potable water supply available to each lot or parcel.
F.
Provide
proof satisfactory to the planning director that there exists an adequate
water supply available to each required fire hydrant.
A.
Every parcel map shall show monuments which shall be set by a California-licensed land surveyor or California-registered civil engineer in accordance with Section 16.12.250 of this title; provided, that two-inch iron pipes, at least twenty-four inches long for exterior boundary monumentation, are not required unless the city engineer determines that the exterior boundary cannot be adequately monumented by monuments of a lesser standard; and, further provided, that monumentation of the exterior boundary of a remainder parcel need not be placed or shown on the parcel map.
B.
The
city engineer may require the subdivider to flag the land for which
a tentative parcel map has been submitted. Such flagging, to the satisfaction
of the city engineer, may be required prior to consideration of the
tentative parcel map for approval by the planning director.
