§ 17.48

The purpose of this chapter is to provide criteria for processing, approving, and recording voluntary property-line adjustments and owner-initiated parcel mergers in accordance with Subdivision Map Act (SMA) Sections 66412(d) and 66499.20.3/4. The provisions of this chapter and references to "property-line adjustment" shall apply equally to an "owner-initiated merger," unless specifically stated otherwise.

(Ord. No. 2469, § 13, 11-2-2010)

17.48.020 - Application.

An application for a property-line adjustment shall be filed with the planning division in a form prescribed by the director and shall be accompanied by the following items:

1.

An eight-and-one-half-inch by eleven-inch map exhibit drawn to scale that includes the following information: street addresses, assessor's parcel numbers, existing property lines and dimensions, proposed property lines and dimensions, property lines or sections proposed for removal, existing lot areas, proposed lot areas, existing easements, location of all structures and distances to existing and proposed property lines, location of all utility-service lines, location of septic disposal system and wells, one-hundred-year floodplain of any watercourse, location of creeks and drainages, areas of slopes over twenty percent, off-street parking areas and driveways, title block, north arrow, and date.

2.

A preliminary title report prepared by a licensed title insurance company, current within forty-five days of the date of application.

3.

Other information and documentation as determined necessary by the director for a particular project. This may include evidence that the properties proposed for adjustment were legally created.

4.

Application processing fee.

(Ord. No. 2469, § 13, 11-2-2010)

Consideration for approval or denial of a property-line adjustment is by the director, as established under Section 17.04.070. Within five working days of submittal of a complete application, the director shall approve or disapprove the property-line-adjustment request by executing a letter of approval or denial to the applicant.

(Ord. No. 2469, § 13, 11-2-2010)

In accordance with SMA Section 66412.(d), approval of a property-line adjustment shall be based upon a determination by the director that the following criteria are in evidence:

1.

The adjustment involves four or fewer adjoining parcels that were legally created and will not result in the creation of more parcels than originally existed.

2.

Each resulting parcel is viable in supporting existing and/or planned land uses based on applicable general plan and specific plan policies.

3.

The resulting parcels and/or any structure(s) or parking space(s) located thereon will comply with the requirements of the zoning district in which the parcel is located and with applicable building regulations, except that where an existing parcel(s) or structure(s) is nonconforming with respect to zoning regulations, a property-line adjustment may be approved if the degree of nonconformance is not increased.

4.

The adjustment will not impair any existing public-street or private-access easement or create parcels without legal access to a public street and the number of lots fronting on a public street is not being reduced.

5.

The adjustment will not require substantial alteration of any existing public easements or improvements.

6.

The adjustment will not result in a utility service line being located on any property other than the lot being served, unless the service line is contained in a recorded utility easement.

7.

Each resulting parcel has been, or can be, provided with adequate sewage-disposal facilities as follows:

a.

Each parcel is connected to the city sanitary sewer system, or

b.

City sanitary sewer service is within two hundred feet of each parcel and is attainable in accordance with RMC Section 14.16.300, or

c.

In the case of parcels without city sanitary sewer availability, the environmental health division of the Shasta County Department of Resource Management has verified, in writing, that said parcels have been approved for on-site sewage-disposal systems.

8.

Each resulting parcel has been, or can be, provided with an adequate potable water supply as follows:

a.

Each parcel is connected to the city or other special-district water system, or

b.

City or other special-district water service is within one hundred feet of each parcel and is attainable, or

c.

In the case of parcels without city or other special-district water availability, the property owner can demonstrate that an adequate water supply can be provided by the installation of a private well satisfying applicable city ordinances and county health regulations.

(Ord. No. 2469, § 13, 11-2-2010)

A.

Notification of Approval. All parties of interest as reflected on deed(s) of trust and any other individuals or entity who, in the opinion of the director, may have a direct interest in the involved parcels, shall be notified of the approval of the property-line adjustment at the same time as the applicant. The notice shall include a statement that the legal descriptions in any existing deeds of trust may need to be amended to conform to the new lot configurations resulting from the property-line adjustment.

B.

Appeal. Within ten days following the initial date of the approval or denial letter for a property-line adjustment, any person may file an appeal of the director's action as provided under Section 17.04.110.

(Ord. No. 2469, § 1, 11-2-2010)

A.

Prior to recording an approved property-line adjustment, the applicant must first submit the following items to the public works department for document checking and final approval by the city engineer:

An eight-and-one-half-inch by eleven-inch map exhibit depicting the approved property-line adjustment, prepared by a licensed surveyor or professional engineer licensed to practice land surveying.

2.

Deeds necessary to convey property to implement the property-line adjustment. The deeds shall include a legal description of all affected parcels as they will exist after the property-line adjustment is recorded. Said deeds shall contain the words "PROPERTY LINE ADJUSTMENT" in bold letters at the top of each page and exhibit and also contain the following statement: "Recordation of this deed is for the purpose of adjusting property lines only and does not create or convey a separate parcel," as defined in SMA Section 66412(d).

3.

Map-check fee.

4.

A completed application form and any applicable fee paid by the owner(s) for apportionment of any assessment district encumbering the property subject to the property-line adjustment.

B.

Following final approval of all exhibits, deeds, and legal descriptions by the city engineer, approved documentation shall be returned to the applicant or a designated title company for recording with the Shasta County Recorder's Office.

C.

As an alternative, the applicant may submit a parcel map to the city engineer for recordation of the property-line adjustment, along with applicable map-check and recording fees. A parcel map prepared to accomplish an approved lot-line adjustment shall comply with the requirements of Chapter 17.40.

(Ord. No. 2469, § 13, 11-2-2010)

A.

Initial Time Limit. The applicant shall submit the necessary documents for checking and gain final document approval by the city engineer within one year of the original property-line-adjustment approval date. Failure by the applicant to complete the final approval process within the specified timeline shall cause expiration of the property-line-adjustment approval.

B.

Time Extension. The applicant may request an extension of the original property-line-adjustment approval by written request to the director, which must be received prior to expiration of the original approval. Only one extension, not to exceed a period of ninety days, may be allowed for good cause at the discretion of the director.

(Ord. No. 2469, § 13, 11-2-2010)

Chapter 17.50 - DEDICATIONS AND RESERVATIONS

Sections: