[1]
Prior legislation: Code 1975 § 1360, Ords. 80-12, 83-25, 86-3 and 93-20.
The purpose of this chapter is to ensure compliance with zoning and building laws and to provide a procedure for approving subdivisions and making lot lines adjustments consistent with the laws of the City, County and State.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A. 
Applications for subdivisions or lot line adjustments shall be submitted to the Director of the Department of Community Planning and Building and shall include the following information plus additional information required by the City:
1. 
Legal description of all lots involved;
2. 
Names, addresses and telephone numbers of all owners of each lot, parcel or property involved;
3. 
Names, addresses and telephone numbers of all applicants;
4. 
A title search and a copy of all easements, deed restrictions or other instruments controlling use, rights or ownership of all properties involved;
5. 
A tentative record of survey map or a tentative parcel map for subdivisions or where a proposed lot split might lead to the creation of additional building sites showing the location of all existing lot lines and all proposed lot lines, which map, when final, shall meet all the requirements for filing with the Monterey County Recorder;
6. 
A zoning and building data map which may be a copy of the record of survey map, drawn to scale, showing all existing buildings, all existing driveways, all proposed driveways, all proposed parking places (garages, pads, etc.), all existing fences and retaining walls, all existing decks and all existing trees having a diameter three feet above the ground of greater than three inches. This map may be provided on two separate sheets for existing conditions and proposed conditions if this would be more clear;
7. 
A contour map, if requested by the Director.
8. 
A complete chain of title or other evidence that the lot to be subdivided or lots to be adjusted are legal parcels if requested by the Director.
B. 
A tentative record of survey map shall be filed with the application in recognition of the possibility that the map will have to be changed before approval is granted. The applicant may file with the application a record of survey map ready for filing with the County Recorder but s/he does so at his own risk. The zoning and building data map is to be filed separately because the information on it is not required for a record of survey map.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
The following conditions and standards and criteria for review shall be considered when evaluating all lot line adjustment applications:
A. 
Only legal lots may be subdivided or the subject of a lot line adjustment. No subdivision or lot line adjustment shall be approved which increases or creates a zoning nonconformity or is inconsistent with the policies of the certified Local Coastal Land Use Plan. All lots and sites created shall comply with minimum standards established for the zoning district which the property is located and with any other relevant requirements of the certified Local Coastal Implementation Plan.
B. 
No subdivision or lot line adjustment shall be approved which increases or creates a zoning violation or any other kind of illegality.
C. 
No lot line adjustment shall be approved that could lead to the creation of an additional building site unless a parcel map is prepared. For example, if the minimum lot size is 4,000 square feet and there are two adjoining lots, one of which is 7,000 square feet and another of 5,000 square feet, no lot line adjustment shall be allowed which would result in one lot of 8,000 square feet and one lot of 4,000 square feet because the newly created lot of 8,000 square feet could possibly be divided into two lots of 4,000 square feet.
D. 
Until there is sufficient water allocated in the City's water management program to provide for development of all existing lots of record within the City no subdivision or lot line adjustment application shall be approved that would result in the creation an additional lot of record, parcel, or building site if such creation would increase the demand for water resources.
E. 
Approval of a subdivision or lot line adjustment shall be conditioned upon all zoning requirements being met on all lots involved in the subdivision or lot line adjustment. The Planning Commission may expect preexisting zoning nonconformities from this requirement if compliance is determined not to be in the public interest or contrary to the General Plan.
F. 
If, when curing a nonconformity or illegality that would be created by a lot line adjustment, one side of a building must be moved because it is too close to the proposed new line, another side of the building which is nonconforming shall not be required to be conformed unless the building is moved, demolished, or rebuilt.
G. 
Lot line adjustments increasing the average length of frontage on public streets for each lot involved in the lot line adjustment shall be encouraged.
H. 
Lot line adjustments tending to straighten lot lines shall be encouraged.
I. 
Lot line adjustments tending to cause lots to be more rectangular in shape shall be encouraged.
J. 
Where, in the opinion of the Planning Commission, curing of existing nonconformities is deemed reasonable when considering the public health, safety and welfare as well as the financial cost, the cure of such nonconformities shall be required.
K. 
Other conditions may be required as the City deems reasonable and proper for the protection of the public health, safety and welfare.
L. 
Where a subdivision or lot line adjustment will result in or lead to the relocation of driveways or parking places on private property, the effect of such relocation on existing trees shall be taken into consideration and conditions reasonably related to the protection of existing trees and the location of driveways and parking places shall be established. No subdivision or lot line adjustment shall be approved that would require removal of a significant tree or create a building site that would not be viable without removing one or more significant trees.
M. 
All subdivisions and lot line adjustments approved shall comply with the minimum lot or parcel sizes established for the zoning district where the property is located.
N. 
Subdivisions and lot line adjustments resulting in the creation of additional building sites shall be approved only when consistent with the general pattern of lot sizes found in the immediate neighborhood (within 300 feet of the site) and when significant vegetation and other environmental resources on the site will be protected.
O. 
When determined to be consistent with the General Plan/Coastal Land Use Plan, approval of subdivisions and lot line adjustments shall include easements for protection of natural resources and/or coastal resources, including but not limited to, scenic views, sensitive habitats, wetlands and coastal accessways. When establishing new lots and/or lot boundaries the decision-making body shall consider the physical constraints and biological constraints of the property and ensure that there will be sufficient buildable area to allow reasonable development on each lot affected after deducting areas limited by easements, slopes and other factors.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
Applications for lot line adjustments or the filing of merger documents resulting in the consolidation or merger of existing lots of record, or consolidating or merging combinations of existing lots and lot fragments, to create larger whole lots of record in the R-1 district, may be approved by the Director of Community Planning and Building. All other applications for subdivisions and lot line adjustments shall require review for approval by the Planning Commission. Applications for subdivisions and lot line adjustments resulting in the creation of additional lots or record or additional parcels, including condominiums, shall require a coastal development permit. The City shall follow all applicable procedures in the Subdivision Map Act when processing any application for subdivision or lot line adjustment.
A. 
Certification Letter. The Planning Commission may request a report from the Director of Public Works and the City Forester before approving an adjustment. Upon approval of a lot line adjustment by the Planning Commission, the Director shall certify by letter the fact of approval. The certification letter shall be sent to the applicant. A copy of the certification letter and the final record of survey map or parcel map shall be sent by the Director to the County Surveyor or other appropriate County official.
B. 
Denial. If the request for the subdivision or lot line adjustment is denied, the Director shall send a denial letter to the applicant.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
Appeal from a decision of the Planning Commission shall be in accordance with Chapter 17.54 CMC, Appeals.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)