Article VII — Lot Line Adjustments

The purpose of this section is to provide a simplified procedure for adjustment of property boundaries or the consolidation of adjacent lots or parcels where no additional lots or parcels will result.

(Ord. No. 449, § 1, 7-21-2009)

Notwithstanding any other provisions of this chapter to the contrary, the procedure set forth in this section shall govern the processing of and requirements for lot line adjustments. A lot line adjustment may be filed in accordance with the provisions of this section to adjust the boundaries between four or fewer adjoining parcels, provided the city engineer determines in writing that the boundary adjustment does not:

A.

Create any additional lots;

B.

Involve adjustments between five or more existing adjoining parcels;

C.

Include a lot or parcel created illegally;

D.

Impair any existing access or create a need for a new access to any adjacent lot or parcel;

E.

Impair any existing easements or create a need for a new easement;

F.

Violate the general plan or the applicable specific plan;

G.

Violate the city building regulations, the city zoning code, or any other provisions of state or local law;

H.

Alter the city limit boundary;

I.

Require substantial alterations of existing public improvements or create a need for a new public improvement;

J.

Adjust the boundary between lots or parcels which are subject to an agreement for public improvements unless the city engineer finds that the proposed adjustment plat will not materially affect such agreement or the security therefore.

(Ord. No. 449, § 1, 7-21-2009)

An application for approval of a lot line adjustment shall be filed with the city engineer accompanied by such information as the city engineer may require and by a fee established by city council resolution. The application shall also be accompanied by a lot line adjustment plat of a size and form prescribed by the city engineer which shall bear the signature of the owners of the property involved and by a title report for the property. The city engineer may refer copies of such lot line adjustment to other public agencies for review and comment.

(Ord. No. 449, § 1, 7-21-2009)

After an application for approval of a lot line adjustment has been filed in accord with this section, the city engineer may approve, conditionally approve or disapprove such lot line adjustment. The applicant shall be notified in writing of the city engineer's action.

(Ord. No. 449, § 1, 7-21-2009)

A revised lot line adjustment plat shall be submitted for approval when the City Engineer finds that the number or nature of any changes necessary for approval are such that they cannot be shown clearly or simply on the original lot line adjustment plat. When required, the failure to file a revised lot line adjustment plat within six months from the date of the conditional approval of the original plat shall terminate all proceedings.

A.

Conditions of approval. The city engineer may impose conditions or exactions on the approval of an adjustment plat between four or fewer existing adjoining parcels to the extent that the conditions or exactions are necessary to ensure compliance with the general plan, the applicable specific plan and applicable provisions of the city's zoning code and building laws pertaining to lots, including lot frontage, depth and area, access, and requirements such as setbacks, lot coverage and parking, or to facilitate the relocation of existing utilities, infrastructure or easements. The conditions imposed by the city engineer shall be satisfied prior to the recordation of the lot line adjustment plat or such other document authorized by law to effectuate the lot line adjustment. Lot line adjustments between five or more existing adjoining parcels shall be subject to the provisions of the Subdivision Map Act, including the requirement for the filing of a tentative and final map.

B.

Certification. If the city engineer determines that the lot line adjustment plat meets all the requirements of the City Code and that any conditions imposed have been satisfied, he or she shall certify on the lot line adjustment plat that it has been approved pursuant to this section, notify the city planner, file it in the public works department and cause to be filed with the county recorder a certificate of compliance, having as an attachment a copy of the approved lot line adjustment plat. In addition to the procedures established by this section, a lot line adjustment may be effectuated by the recordation of the deed or record of survey; provided, however, that such deed or record of survey shall not be recorded unless it contains a certification by the city engineer that all the requirements of this section and any condition imposed

pursuant to this section have been satisfied and further provided that a copy of the lot line adjustment plat shall be attached to the deed or record of survey.

C.

Appeal. Any interested person may appeal any action of the city engineer pursuant to this section to the planning commission in accordance with Section 17-75 of this chapter.

(Ord. No. 449, § 1, 7-21-2009)

Appeal from an action by the committee or by the city engineer may be made to the planning commission within fifteen days from such action. An appeal shall be submitted in written form to the secretary of the planning commission, and shall be placed on the agenda of a regular meeting of the planning commission within forty-five days. The planning commission shall take action thereon within forty days from first hearing the matter.

(Ord. No. 449, § 1, 7-21-2009)