Ceres Municipal Code Ch. 14 Lot Line Adjustments

For the purposes of this chapter, a lot line adjustment is any division of land not requiring a map as specified by the Subdivision Map Act, in which no more parcels are created by the division than existed prior to it.

(Ord. No. 2020-1058, § 3, 3-23-2020)

An application for a lot line adjustment shall be filed with the Community Development Department and shall include the following information, materials and documents:

1. Drawings to scale, prepared by a civil engineer or registered land surveyor, specifying the location of the existing lots, the proposed lot line adjustment, and the boundaries and dimensions of the proposed new lots;

2. A legal description of the revised lots satisfactory to the Director and a current preliminary report issued by a title company for each of the affected lots;

3. Such additional information as the Director may require pursuant to subsection 17.14.050.C, and section 17.40.070, considering the magnitude of the adjustment; its relation to existing buildings, structures, and landscaping; the present use and zoning of the property; location and extent of public improvements; its relation to adopted plans for the area; and compliance with the Subdivision Map Act or other ordinances and plans of the City.

The application shall be accompanied by a filing fee established by resolution of the Council.

A. The Commission may approve the lot line adjustment when it finds that:

1. The lot line adjustment does not violate existing codes and policies;

2. The lot line adjustment will not create difficult or unreasonable access to parcels;

3. The lot line adjustment would not require variances to permit standard development;

4. Utilities and public services can be provided to the revised parcels.

B. If the Commission approves the lot line adjustment, a resolution shall be passed approving said adjustment and authorizing the execution and recordation of the lot line agreement.

(Ord. No. 2020-1058, § 3, 3-23-2020)

A. Within 30 days of receiving an application for a lot line adjustment, the Community Development Department shall inform the applicant, in writing, whether the application is complete and accepted for filing. If incomplete, the Community Development Department shall advise the applicant as to the deficiencies in the application.

B. Within ten days after an application has been found to be complete and accepted for filing, the Director shall submit the application for staff review and shall transmit copies of the application and, where applicable, copies of drawings, statements and other data required to accompany the application or required subsequent to the filing of the application to such other public agencies and private parties as the Director determines may be affected by the proposed lot line adjustment.

C. Commission Review and Approval.

1. The Commission may approve, conditionally approve or disapprove the proposed lot line adjustment for which he or she is the approving authority within the time periods provided by the Permit Streamlining Act.

2. Upon taking such action, the Commission shall give written notice thereof to the applicant as soon as practicable, but in no event later than ten days thereafter.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The Commission shall approve a lot line adjustment sought pursuant to this chapter if the Commission finds:

A. 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;

B. That the lot line adjustment will not result in the elimination or reduction in size of the access way to any resulting parcel, or that the application is accompanied by new easements to provide access which meets all the City requirements regarding access to parcels in the location and of the size as those proposed to be created; and

C. That the resulting parcels conform to the requirements of the City General Plan, any applicable specific plan, the Building Code and the City zoning ordinance.

(Ord. No. 2020-1058, § 3, 3-23-2020)

The Commission shall limit his or her review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to subsection 17.14.050.C. The Commission shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to subsection 17.14.050.C, 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. No record of survey shall be required for a lot line adjustment unless required by California Business & Professions Code section 8762.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Pursuant to California Government Code section 66412, subdivision (d), the lot line adjustment shall be reflected in a deed, which shall be recorded in the manner required by the Director. The deed shall be signed or approved by all parties having an interest in the lots which are affected by the conveyance. If, for any reason, a recorded deed would not give constructive notice of the lot line adjustment under the real property laws of the State of California, the Director may require the applicant to prepare for recordation a certificate of compliance for each of the affected lots concurrent with the recordation of the deed and may require that such certificate or certificates be recorded.

(Ord. No. 2020-1058, § 3, 3-23-2020)

Pursuant to California Government Code section 66412, subdivision (d), the Commission may not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable coastal 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. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. 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. 2020-1058, § 3, 3-23-2020)