Diamond Bar Municipal Code Ch. 21.26 Lot Line Adjustments

This chapter provides procedures for the preparation, filing, processing, and approval or denial of lot line adjustment applications, consistent with the policies of the general plan and the requirements of map act section 66412(d).

(Ord. No. 01(1999), § B, 2-2-99)

(a) As provided by map act section 66412(d), the lot line adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this chapter, an "adjacent parcel" is one that directly touches at least one of the other parcels involved in the adjustment.

(b) Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.

(Ord. No. 01(1999), § B, 2-2-99)

A lot line adjustment application shall be prepared, filed and processed as provided by this section.

(1) Application content. A lot line adjustment application shall include all information and other materials required by the department.

(2) Processing. Lot line adjustment applications shall be submitted to the department and shall be processed in compliance with the procedures specified by chapter 22.44 (Application filing and processing) of the development code. No environmental review shall be required, in compliance with the CEQA guidelines.

(Ord. No. 01(1999), § B, 2-2-99)

The director shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this title. The director may approve, conditionally approve, or not approve the lot line adjustment in compliance with this section. Decisions made by the director may be appealed to the commission in compliance with chapter 22.74 (Appeals) of the development code.

(1) Required findings. A proposed lot line adjustment shall be denied if the director finds any of the following:

a. The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;

b. Any parcel resulting from the adjustment will conflict with any applicable regulations of the development code; or

c. The adjustment will result in an increase in the number of nonconforming parcels.

(2) Conditions of approval. In approving a lot line adjustment, the director shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this title and title 15 (Building and Construction Safety) of the Municipal Code, or to facilitate the relocation of existing utilities, infrastructure, or easements.

(Ord. No. 01(1999), § B, 2-2-99)

Within one year after approval of the lot line adjustment, the process shall be completed in compliance with this section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied.

(1) Completion by deed. A lot line adjustment shall not be effective or finally completed until a grant deed signed by the record owners has been recorded. The applicant shall submit deeds to the city engineer for review and approval in compliance with subsection (3) below (Review and approval by city engineer), before recordation of the grant deed. 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 by Business and Professions Code § 8762 et seq., a lot line adjustment shall not be effective or final until a record of survey has been checked by the city engineer and recorded by the county recorder. 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.

(3) Review and approval by city engineer. The city engineer shall:

a. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;

b. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;

c. Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;

d. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

e. After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.

(4) Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within one year of approval.

(Ord. No. 01(1999), § B, 2-2-99)