§ 28.18

The purpose of this Article is to set forth the process for reviewing and making decisions on requests for lot line adjustments between four (4) or fewer existing adjoining parcels where the land taken from one (1) parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created, in accordance with Section 66412(d) of the Government Code.

(Ord. No. 02.2024, § 14, 1/23/24.)

One (1) electronic copy of the proposed plot plan of the lot line adjustment, a preliminary title report of each parcel subject to the lot line adjustment and a completed application form shall be filed with the community development director by the property owner or their agent.

Following approval of the plot plan by the community development director, one (1) electronic copy of the plat and legal description and grant deed, along with a completed application form, shall be filed with the city engineer by the property owner or their agent.

(Ord. No. 02.2024, § 14, 1/23/24.)

a.

At the time of filing an application for a lot line adjustment, the applicant shall pay a filing fee in an amount fixed by resolution or ordinance of the city council. The application shall not be accepted by or deemed submitted to the community development department without payment of the filing fee.

b.

If the plot plan for a lot line adjustment is conditionally approved by the community development director in accordance with Section 28.18.30 (a), after said approval, the applicant shall pay a processing fee for the preparation and processing of the notice of lot line adjustment and grant deed by the city engineer as described in Sections 28.18.30 (d) and 28.18.30 (e).

(Ord. No. 02.2024, § 14, 1/23/24.)

The plot plan for the lot line adjustment shall be eight and one-half (8.5) inches by eleven (11) inches and shall be drawn to scale, dated and titled. It shall contain the information as set forth in the written requirements of the community development director.

(Ord. No. 02.2024, § 14, 1/23/24.)

Following the approval of the plot plan for the lot line adjustment, a plat map shall be prepared by a licensed land surveyor or registered civil engineer. It shall be eight and one-half (8.5) inches by eleven (11) inches with one-half (0.5) inch margins and shall be drawn to scale, dated and titled. The plat and legal description for the lot line adjustment shall contain the items required as set forth in the written requirements of the city engineer.

(Ord. No. 02.2024, § 14, 1/23/24.)

a.

Community development director decision. Within thirty (30) days after the plot plan has been filed with all content per Section 28.18.20, the community development director shall approve, approve with conditions or disapprove the plot plan for a lot line adjustment unless the time limit has been extended by mutual consent of the applicant and the community development director. The city shall review the application in accordance with the Permit Streamlining Act.

b.

Conformance with applicable plans and codes. The parcels resulting from the lot line adjustment shall conform to the general plan, any applicable precise plan and zoning and building ordinances. If the community development director determines that the parcels resulting from the lot line adjustment will not conform to the general plan or an applicable precise plan, or will result in one (1) or more violations of the zoning code or building code or this Chapter, and said violations cannot reasonably be eliminated by conditions of approval, then the director shall deny the application.

c.

Conditions on lot line adjustment. In accordance with the Subdivision Map Act, the community development director shall not impose conditions or exactions on a lot line adjustment approval except to conform to the general plan, any applicable precise plan and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment or to facilitate the relocation of existing utilities, infrastructure or easements.

d.

City engineer review of plat and legal description. Following the conditional approval of the plot plan for the lot line adjustment by the community development director, the applicant shall file an application for a notice of lot line adjustment to the city engineer in a form approved and with materials required by the city engineer, including a grant deed, plat map, and legal description. The city engineer shall verify correctness of surveying data and any other related matters to assure compliance with the provisions of law and of this Chapter.

e.

Notice of lot line adjustment and grant deed. If the plat map and legal description are in the correct form prescribed by this Article and the Subdivision Map Act and all conditions of approval have been completed to the satisfaction of the city engineer, the city engineer shall prepare a "notice of lot line adjustment." The notice must reflect the property owners', trustees', and city's consent or notice of the lot line adjustment with notarized signatures of all parties' on said notice. A grant deed reflecting the lot line adjustment is required to accompany the notice of lot line adjustment, and the grant deed and notice must be recorded concurrently at the county recorder. No lot line adjustment shall become effective for any purpose unless and until a grant deed and, if required by Section 8762 of the Business and Professions Code, a record of survey is recorded by the county recorder.

f.

Expiration. The grant deed reflecting the lot line adjustment must be completed and recorded, together with the notice of lot line adjustment, within twenty-four (24) months of the community development director's conditional approval of the plot plan for the lot line adjustment.

(Ord. No. 02.2024, § 14, 1/23/24.)

ARTICLE XIV. - SUBDIVISION MAP EXTENSIONS.