§ 28.53

This section describes the process for City consideration of requests to make adjustments to land partitions (including property lines and road easements), where such actions are specifically excluded from the State Subdivision Map Act. Actions subject to the Map Act are to be addressed under City Code Ordinance 23.

(Ord. No. 503, 12-16-2014)

A.

Applicability. This procedure is to be used where a property owner or owners wish to move one or more lot lines between four or fewer existing adjoining parcels. In this application, land is taken from one or more parcels and added to adjoining parcels. While merging lots is permitted in a Lot Line Adjustment, the project shall not result in a greater number of parcels than originally existed prior to the adjustment.

Pursuant to California Government Code Section 66412(d), Lot Line Adjustments fitting this definition are excluded from the Subdivision Map Act.

B.

Relationship to CEQA. Lot Line Adjustments are ministerial in nature since their review is limited to consideration of compliance with the established standards for lot width and setbacks identified for the zone in the ordinance. They are therefore exempt from CEQA pursuant to California Code of Regulations Section 15268.

C.

Public Notice and Hearing Requirements. Since all lot line decisions are ministerial in nature, no public notice or public hearing is required.

D.

Lot Line Adjustment Approval Criteria. Government Code Section 66412(d) indicates the City is to limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, and zoning and building ordinances. Pursuant to the aforementioned section, the City is not permitted to impose conditions or exactions on its approval of a lot line adjustment except:

1.

To conform to the local general plan, and zoning and building ordinances,

2.

To require the prepayment of real property taxes prior to the approval of the lot line adjustment, and

3.

To facilitate the relocation of existing utilities, infrastructure, or easements, if needed.

E.

Conditions of Approval. Pursuant to Government Code Section 66412(d), as part of the approval:

1.

No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment.

2.

The lot line adjustment shall be reflected in a deed, which shall be recorded.

3.

No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.

(Ord. No. 503, 12-16-2014)

A.

Applicability. This procedure is to be used where a property owner or owners wish to voluntarily merge one or more adjoining parcels. Pursuant to Government Code Section 66499.20 ¾, the City hereby authorizes the merger of contiguous parcels under common ownership without reverting to acreage through the voluntary merger process out lined in this section.

Note: Lot Mergers are treated as a special kind of Lot Line Adjustment in California's Government Code. Pursuant to Section 66412(d), Lot Line Adjustments (and therefore Mergers) are excluded from the requirements of the Subdivision Map Act.

B.

Relationship to CEQA. Lot Mergers are ministerial in nature since their review is limited to consideration of compliance with the general plan, and zoning and building ordinances. They are therefore exempt from CEQA pursuant to California Code of Regulations Section 15268.

C.

Public Notice and Hearing Requirements. Since voluntary lot merger decisions are ministerial in nature, no public notice or public hearing is required. It should be noted that this is not the case for involuntary lot mergers required by city ordinance (pursuant to Article 1.5 of the California Government Code).

D.

Lot Merger Approval Criteria. Government Code Section 66412(d) indicates the City is to limit its review and approval to a determination of whether or not the parcel(s) resulting from the lot merger will conform to the local general plan, and zoning and building ordinances. Pursuant to the aforementioned section, the City is not permitted to impose conditions or exactions on its approval of a lot merger applications except:

1.

To conform to the local general plan, and zoning and building ordinances,

2.

To require the prepayment of real property taxes prior to the approval of the lot merger, and

3.

To facilitate the relocation of existing utilities, infrastructure, or easements, if needed.

E.

Conditions of Approval. Pursuant to Government Code Section 66412(d), as part of the approval:

1.

No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot merger.

2.

The lot merger shall be reflected in a deed, which shall be recorded.

3.

No record of survey shall be required for a lot merger unless required by Section 8762 of the Business and Professions Code.

(Ord. No. 503, 12-16-2014)