Avenal Municipal Code Ch. 10.16 Lot Line Adjustments

Sections:

• 10.16.010
• Purpose.
• 10.16.020
• General Provisions.
• 10.16.030
• Process for Reviewing Lot Line Adjustments.
• 10.16.040
• Appeals.
• 10.16.050
• Recording.
• 10.16.060
• Record of Survey.

The purpose of this Chapter is to establish the procedures for application, processing, and deciding applications for lot line adjustments between four (4) or fewer existing, adjoining parcels and where a greater number of parcels than originally existed is not being created.

The designated approving authority for lot line adjustments shall be the planning director. The procedure provided by this Chapter is an alternative to the procedures provided by Chapter 10.10, “Tentative Maps”, and Chapter 10.14, “Final Maps And Parcel Maps”, of this Title. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map, a final map, or a parcel map for any lot line adjustment.

A. Application: An application for a lot line adjustment may be made by owner(s) of all affected parcels or individuals authorized by the owner(s) to make an application. Such application shall be filed with the planning department and shall include the following information, materials, and documents to the satisfaction of the city:

1. A completed application form, of which the blank form shall be provided by the planning department.
2. A preliminary title report dated not more than 90 days prior to submittal of application. All items referenced within the title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application.
3. A filing fee as established by resolution of the city council.
4. The legal descriptions of the original parcels, with a title as Exhibit A, Lot Line Adjustment No. 20xx-xx, Existing Legal Descriptions. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s

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June 2023 Act, Section 8761; Upon filing the application the planning department will assign the application a Lot Line Adjustment number. 5. The legal descriptions of the proposed parcels, with a title as Exhibit B, Lot Line Adjustment No. 20xx-xx, Adjusted Legal Descriptions on its own sheet. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act Section 8761. 6. One (1) copy of a map, legibly drawn on a sheet(s) eight and one half (8½) inches by 11 inches, with a title as Exhibit C, Lot Line Adjustment No. 202x-xx. The map exhibit shall contain all of the following: a. An Owner’s Statement signed by all parties having record title interest in the land, consenting to the preparation and recordation of the map in a format determined by the City Engineer or City Surveyor and the Planning Director. b. If the property is held in a trust, this statement must be signed by the trustee(s) of the trust. Include the name of the trust and call out the individuals signing the statement as trustees.
c. If the property is held by a corporation or LLC, call out the name of the corporation or LLC and the state of incorporation, and include the title(s) of the person(s) authorized to sign the map. d. The entire existing boundary line of all affected parcels conforming with existing record data, with essential information as to bearings and dimensions. e. The proposed boundary lines with dimensions and curve radii of the proposed parcels. f. Each parcel identified with a letter, assessor parcel number, deed document number, and area of each existing parcel (Existing Parcel A, Existing Parcel B, etc.). g. Each parcel identified with a letter and area of each proposed parcel (Adjusted Parcel A, Adjusted Parcel B, etc.). h. Identification, location, and dimensions of all existing and proposed improvements. i. The names, widths, and locations of the existing and proposed public and private streets. j. The location, width, purpose, and owners of existing easements or rights of way and all easements located to the boundary, if applicable. k. The date of application, the north arrow, scale of drawing, assessor’s parcel number(s) of the area to be adjusted, and a legend, if applicable. l. The owner’s name, assessor parcel number, and deed document number of all adjoining parcels. m. The location and width of watercourses and areas potentially subject to flooding, and methods of floodwater drainage control. n. The location of existing wells and septic systems.

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June 2023 o. The location of structures, irrigation ditches, and railroad rights of way, if any. p. The location and width of proposed building setbacks. q. A small-scale vicinity map portraying and orienting the boundaries of the proposed lot line adjustment with respect to surrounding areas and roads. r. The existing use and existing zoning designation of the property. s. The proposed use and proposed zoning designation of the property. t. The method of sewage disposal, storm drainage, and source of water. u. The approximate location and general description of any trees and shrubs, and their drip lines if known, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be adjusted. The general description of trees and shrubs should include an indication as to their size (diameter) and type if known. v. The licensed land surveyor or registered civil engineer authorized to practice land surveying shall sign the exhibit along with his/her seal or stamp and expiration date of license/registration per the Professional Land Surveyor’s Act, Section 8761. 7. Submit perfecting deed for review and after acceptance, that will record when the Lot Line Adjustment is approved. B. Application Review: Applications for lot line adjustments shall be reviewed as provided in subsections 10.04.040.B, “Determination of Completeness”, and 10.04.040.C, “Application Review And Report”, of this Title. C. Timely Processing: Applications for lot line adjustments shall be processed by the applicant in a timely manner. If the applicant fails to process the application to completion within one year from the date the application was first submitted, due to the applicant’s failure to respond to requests for additional information, to pay processing fees, or for any other reason, and upon written notice of the city, the application shall be deemed withdrawn. Thereafter, a new application, including the filing fee, will be needed to process the lot line adjustment. D. Decision by the Approving Authority: A decision on the application for lot line adjustment shall be made by the designated approving authority after review and recommendation by the public works director and city engineer. The application shall be decided within the time limits described in this Title and the Subdivision Map Act. E. Conditions of Approval: In deciding applications for lot line adjustments, the designated approving authority may impose conditions on the approval of the application. In accordance with Section 66412(d) of the Subdivision Map Act, the conditions imposed shall be limited to:

1. Ensuring conformity to the city’s general plan, any applicable specific plan, the zoning ordinance, and the city’s adopted building code.
2. Requiring the prepayment of real property taxes.
3. The relocation of existing utilities, infrastructure, or easements. F. Findings: The designated approving authority shall approve a lot line adjustment sought pursuant to this article if the designated approving authority finds:

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1. That the lot line adjustment will not result in the abandonment of any street or utility easement of record, and that, if the lot line adjustment will result in the transfer of property from one owner to another owner, the deed to the subsequent owner expressly reserves any street or utility easement of record.
2. That the lot line adjustment will not result in the elimination or reduction in size of the accessway to any resulting parcel, or that the application is accompanied by new easements to provide access that meet all the city requirements regarding access to parcels in the location and of the size as those proposed to be created.
3. That the resulting parcels conform to the requirements of the city’s general plan, any applicable specific plan, the city’s adopted building code, and the city’s zoning ordinance.

The applicant or any interested person adversely affected by any action of the designated approving authority on a lot line adjustment may, within 10 days after the decision, appeal the decision consistent with subsection 10.04.040.E, “Appeals”.

Pursuant to Section 66412(d) of the Subdivision Map Act, the lot line adjustment shall be reflected in a perfecting deed. The perfecting deed shall be in a form satisfactory to the county recorder. It shall be submitted to the planning department for a determination that the perfecting deed complies with the approved lot line adjustment. The approved perfecting deed shall thereafter be forwarded by the planning department to the county recorder’s office for recording. The planning department shall issue a certificate of compliance to be issued and signed by the City Planner and the City Surveyor; thereafter be forwarded by the planning department to the county recorder’s office for recording. The applicant shall pay all recording fees.

If a field survey was conducted or if monuments are set at the new parcel lines, a record of survey shall be required pursuant per the Professional Land Surveyor’s Act, Section 8762 of the Business and Professions Code, unless the boundary is monumented as part of a land division with a recorded map.

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