Del Mar Municipal Code Ch. 24.70 Lot Line Adjustments

Notwithstanding any other provisions of this Title to the contrary, every person desiring to adjust a lot line(s) between two or more adjacent legal lots, where the land taken from one lot is added to an adjacent lot, without creating a greater number of lots, shall comply with the procedures set forth in this Chapter for obtaining authorization for a Lot Line Adjustment. (Government Code § 66412(d))

(Ord. No. 396; Ord. No. 726)

A. The applicant shall file with the Planning Department a proposed plat depicting the Lot Line Adjustment. The form and content of the proposed plat shall comply with the requirements contained in this Title for parcel maps creating minor subdivisions.

B. No tentative parcel map or parcel map shall be required.

C. In addition to the required Lot Line Adjustment plat, the applicant shall provide a title report for the lots to be adjusted, along with any other information deemed necessary by the Director of Planning and Community Development for the processing of the application. The applicant shall also pay the established fee before the application is accepted for filing.

A. Unless otherwise specified in this Chapter, the Director of Planning and Community Development shall serve as the issuing authority on the application and shall act within 45 days of filing of a complete application.

B. Unless otherwise specified in this Chapter, the Director of Planning and Community Development is authorized to approve, disapprove or direct the revision of the proposed Lot Line Adjustment plat.

C. Where the Director of Planning and Community Development serves as the issuing authority for an application for a Lot Line Adjustment, the decision of the Director of Planning and Community Development shall become final 15 days after the decision, unless a timely appeal is filed.

The application for a lot line adjustment shall be disapproved if the issuing authority makes one or more of the following findings:

A. The proposed adjustment will create a greater number of lots than originally existed.

B. The proposed adjustment will create a condition that does not comply with building or zoning regulations.

C. The proposed adjustment will create a lot that does not conform to the lot size and configuration design requirements applicable for the lot, unless such requirements are otherwise suspended in accordance with the provisions of this Chapter.

D. The proposed adjustment will result in denying adequate access or adequate utility service to one or more of the adjusted lots or to adjacent property.

E. The proposed adjustment fails to provide adequate easements to serve the adjusted lots or adjacent property.

F. The proposed adjustment will extend beyond the City limit boundary.

G. The proposed adjustment will require substantial alteration of any existing improvement or creates a need for any new improvement.

H. The proposed adjustment will adjust the boundary line between lots that are subject to an agreement for public improvements, unless the City Engineer finds that the proposed adjustment will not materially affect such agreement for the security therefore.

The Director of Planning and Community Development is authorized to withhold approval of the application and direct that the following revisions be made:

A. Relocation of lot lines to provide lots that comply with the applicable building and zoning regulations and that conform to the lot size and configuration design requirements specified in this Title, unless an application for suspension of design requirements is submitted by the applicant and approved by the City Council in accordance with the provisions of this Chapter.

B. Provision of safe and adequate access and adequate utility service easements to each lot and adjacent property.

C. Addition of further information on the proposed Lot Line Adjustment plat as determined appropriate by the City Engineer.

If the applicant fails to file revisions to a submitted Lot Line Adjustment plat as directed by the Director of Planning and Community Development within six months from the date of the Director's action requiring such revisions, the application shall be deemed denied and all proceedings shall terminate.

A. Within 15 days after a decision made by the Director of Planning and Community Development approving, denying or directing revision of the Lot Line Adjustment application, any person affected thereby, may appeal the decision to the City Council by filing with the City Clerk, a Notice of Appeal which specifies the decision or part thereof appealed from and the specific errors alleged as the basis for the appeal.

B. Upon the receipt of a sufficient Notice of Appeal, together with the established fee, the City Clerk shall set the matter for consideration by the City Council.

The City Council shall review an appeal of the Director of Planning and Community Development's decision in accordance with the provisions of the Municipal Code and shall uphold, overrule or modify the Director's decision. With the concurrence of the applicant, the matter may be returned to the Director for further action.

A. An applicant for a Lot Line Adjustment may request that the requirement for compliance with the lot size and configuration design requirements applicable to the adjusted lots be suspended. When a request for suspension of design requirements is made, the City Council shall assume responsibility as the issuing authority for the Lot line Adjustment application.

B. The City Council may suspend the requirement for compliance with the applicable lot design requirements upon making both of the following findings:

1. That the suspension of the design requirements will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity; and

2. That there is an overriding public benefit to be derived from the suspension of the otherwise-required design requirements.

C. Where the City Council assumes responsibility as the issuing authority for an application for a Lot Line Adjustment, the application shall be scheduled for a hearing before the City Council with public notice provided in accordance with the requirements for public notice as set forth in this Title for applications for Tentative Parcel Maps.

D. Where the City Council assumes responsibility as the issuing authority for an application for a Lot Line Adjustment, the City Council shall approve or disapprove the proposed Lot Line Adjustment plat based upon the standards contained within this Chapter. The City Council's action on the matter shall be final.

Upon approval of an application for a Lot Line Adjustment, the applicant shall:

A. Prepare and install, to the City Engineer's satisfaction, permanent property corner monumentation that reflects the approved Lot Line Adjustment Plat; and

B. Receive approval for and record a Certificate of Compliance reflecting the legal description of the lot lines authorized by the Lot Line Adjustment Plat.