Corte Madera Municipal Code Ch. 17.68 Lot Line Adjustments

This chapter provides procedures for the preparation, filing, processing, and approval or denial of lot line adjustment applications, consistent with the requirements of the State Subdivision Map Act, Government Code Section 66412(d).

(Ord. No. 913, § 1, 9-15-2009)

As provided by Government Code Section 66412(d), the purpose of the lot line adjustment procedure is for adjusting lot lines between four or fewer existing adjoining parcels, where land taken from one parcel is added to an adjoining parcel and where no more parcels are created than originally existed, if the lot line adjustment is approved by the town. For the purposes of this Chapter, an "adjoining parcel" is one that directly touches at least one of the other parcels involved in the adjustment.

(Ord. No. 913, § 1, 9-15-2009)

The application for a lot line adjustment shall be filed with the planning department on the prescribed form and shall be accompanied by the required fee and all supporting materials listed on the form.

(Ord. No. 913, § 1, 9-15-2009)

The zoning administrator is authorized to grant, deny or conditionally grant lot line applications in accord with the procedures prescribed by this chapter. If the zoning administrator finds that an application involves a significant policy issue or that there is substantial public controversy, the application may be referred to the planning commission for hearing and action.

(Ord. No. 913, § 1, 9-15-2009)

(a) A notice shall be mailed at least ten days before a decision on a lot line adjustment application is reached by the zoning administrator, but no hearing need be held. The notice shall be mailed through the United States mail to all persons shown on the last equalized assessment roll of the county as owning real property within three hundred feet of the properties which are the subject of the application. The notice shall state the date, a general description of the matter to be considered and the location to be affected, and the date by which in ten days a decision on a lot line adjustment application may be reached by the zoning administrator.

(b) In the event that the lot line adjustment application is referred to the planning commission, the planning commission shall hold a public hearing on each application which it reviews. The hearing shall be set and notice given as prescribed in Chapter 18.36, Administration.

(Ord. No. 913, § 1, 9-15-2009)

The zoning administrator or planning commission may approve a lot line adjustment application as it was applied for or in modified form if, on the basis of the application and the evidence submitted, the zoning administrator or planning commission makes all of the following findings:

(1) The parcels resulting from the proposed lot line adjustment conform to the general plan and any applicable specific plan.

(2) The parcels resulting from the proposed lot line adjustment conform to the building ordinance and zoning ordinance, including but not limited to those provisions which address minimum lot size, required lot frontage, lot width at the front yard setback, building setbacks, building lot coverage, and floor area ratio.

(Ord. No. 913, § 1, 9-15-2009)

In approving a lot line adjustment, the zoning administrator or planning commission shall adopt conditions only as necessary to confirm that the adjustment and proposed parcels conform to the general plan, any applicable specific plan, zoning ordinance, or building ordinance, to require the prepayment of real property taxes prior to the approval of the lot line adjustment application, or to facilitate the relocation of existing utilities, infrastructure, or easements.

(Ord. No. 913, § 1, 9-15-2009)

Notice of the zoning administrator's or planning commission's decision shall be mailed to the applicant and to all those requesting, in writing prior to the decision, to be informed of the decision on the application.

The decision approving a lot line adjustment application shall become effective and final upon the expiration of ten days following the date upon which the lot line adjustment was granted unless timely appeal has been made to the planning commission or town council or the matter has been called up for review by a member of the planning commission or town council, as provided by Chapter 18.34, Appeals.

(Ord. No. 913, § 1, 9-15-2009)

Within one year after final approval of a lot line adjustment, the adjustment process shall be completed in compliance with this section through the recordation of a deed or record of survey (if required pursuant to the California Business and Professions Code Section 8762) with the Marin County recorder's office, after all conditions of approval have been satisfied.

(1) Completion by deed. A lot line adjustment shall not be considered legally completed until a grant deed signed by the record owner(s) has been recorded and a conformed copy has been submitted to the planning department. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in the State.

(2) Completion by record of survey. If required pursuant to the California Business and Professions Code Section 8762, a lot line adjustment shall not be considered legally completed until a record of survey has been recorded and a conformed copy has been submitted to the planning department. Where not required, a lot line adjustment may also be completed by record of survey in compliance with this subsection at the option of the applicant.

(Ord. No. 913, § 1, 9-15-2009)

A lot line adjustment approval shall lapse and become null and void if the adjustment has not been completed as required by Section 17.68.090 within one year of approval. A lot line adjustment approval may be renewed for an additional period of one year, provided that, prior to the expiration of one year from the date when the lot line adjustment originally became effective, an application for renewal of the lot line adjustment is filed with the planning department. The planning director may grant an application for renewal of the lot line adjustment where no change in the original application or any condition of approval thereof is requested, but an application for renewal involving any change from the original application or approval conditions shall be treated as a new application for a lot line adjustment and shall be subject to all applicable provisions of this chapter.

(Ord. No. 913, § 1, 9-15-2009)

A lot line adjustment granted subject to a condition or conditions shall be revoked by the planning commission if the condition or conditions are not timely complied with; provided, that the commission shall hold a public hearing on the revocation.

(Ord. No. 913, § 1, 9-15-2009)

Violation of an approved lot line adjustment, or of any required conditions, constitutes a violation of this title.

(Ord. No. 913, § 1, 9-15-2009)

Following the denial or revocation of a lot line adjustment application, no application for the same or substantially the same lot line adjustment shall be filed within one year of the date of denial or revocation of the lot line adjustment, unless the denial or revocation is made without prejudice.

(Ord. No. 913, § 1, 9-15-2009)