Chino Municipal Code Ch. 19.12 Lot Line Adjustments, Corrections and Amendments of Maps

The purpose of this chapter is to provide a process for the legal adjustment of property lines that do not create new parcels.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Form required. An application for lot line adjustment shall be on a form approved by the city engineer, shall include a legal description of the lots or parcels to be adjusted, a preliminary title report as to such lots or parcels, and a legal description, prepared according to law, of the resulting adjusted lots or parcels.

B. Fee. The application shall be subject to a fee as set forth by the city council.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Conditions. A request for a lot line adjustment may be filed when the following conditions are met:

1. The land taken from one parcel is added to an adjoining parcel, and a greater number of parcels than originally existed is not created.

2. The lot line adjustment will not alter the character of the surrounding neighborhood and will not be detrimental to the public welfare or the surrounding territory; and

3. The adjusted parcels or lots meet the lot frontage, zone area, setback, side yard, and all of the requirements of Title 20 of the Chino Municipal Code, as well as those of the general plan and any applicable specific plans.

B. Findings of sufficient services. In order to ensure that the subject parcels have adequate services, the city engineer shall make one or more of the following findings as applicable:

1. The subject parcels have adequate services.

2. The subject parcels are located within an existing assessment district or will join an existing assessment district that provides adequate services, if directed to do so by the city engineer.

3. The property owners will participate in the formation of an assessment district that provides adequate services.

(Ord. 2010-07, § 1(exh. A), 2010.)

The documents submitted shall be reviewed by the director of community development and city engineer and accepted for filing if all of the application requirements of Section 19.13.020 of this title have been met and the conditions and findings of Section 19.13.030 of this title have been met.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Approval or disapproval. The city engineer shall approve, conditionally approve, or deny the lot line adjustment based on whether the proposed adjustment meets the conditions set forth in this section. The city engineer may modify the lot line adjustment map as a condition of approval.

B. Expiration. A lot line adjustment approval shall be valid for one year from the date of approval. If the adjustment parcels or lots are not recorded within that one-year period, the approval shall expire.

(Ord. 2010-07, § 1(exh. A), 2010.)

The appeals process for the decision of the city engineer shall be as described in Section 19.01.110 of this title.

(Ord. 2010-07, § 1(exh. A), 2010.)

If the request for a lot line adjustment is approved by the city engineer, the applicant shall submit to the city engineer all of the information deemed necessary by the city engineer, as well as any applicable fees as shall be determined by the city council. The lot line adjustment shall be reflected in a deed, which shall be filed with the county recorder.

(Ord. 2010-07, § 1(exh. A), 2010.)

After a final map or parcel map has been filed for record with the county recorder, it may be amended by either a certificate of correction or an amending map.

A. Certificate of correction. A certificate of correction may be used to:

1. Correct an error in any course or distance shown thereon;

2. Show any course or distance that was omitted therefrom;

3. Correct an error in the description of the real property shown on the map; or

4. Show the proper location of any monument which has been changed in location or character, or originally was shown at the wrong location or described incorrectly as to its character.

B. Amended map. An amended map may be used to:

1. Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or

2. Select a replacement engineer or surveyor to set monuments, if the original engineer or surveyor refuses to set the monuments.

C. Form and content. The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Chapter 19.05 if a final map, or Chapter 19.04 if a parcel map. The certificate or map shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.

D. Submittal and approval. The amending map or certificate of correction, complete as to final form, shall be submitted to the city engineer for his review and approval. The city engineer shall examine the amending map or certificate of correction and, if the only changes made are those set forth in Subsection B. above, he or she shall certify to this fact on the amending map or certificate of correction.

E. Filing with the county recorder. The amending map or certificate or correction certified by the city engineer shall be filed in the office of the county recorder. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate tract designation shown on the amending map or certificate of correction in the general index and map index, respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected and, thereafter, shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

F. Fees. The fee for checking, processing and recording the amended map or certificate of correction shall be in accordance with the city council resolution establishing fees and charges. A deposit to be applied toward this fee may be required by the city engineer upon submittal of the amended map or certificate for correction for his review.

(Ord. 2010-07, § 1(exh. A), 2010.)