Fremont Municipal Code Art. VI Lot Line Adjustments

Any property owner requesting a lot line adjustment shall file with the planning manager a duplicate tracing and such number of copies of the plat as required together with an application. The plat shall be either 11 inches by 17 inches or 18 inches by 24 inches in size and shall indicate the exterior boundaries, the existing lot lines, and the proposed adjustment of such lines at a scale of not more than one inch equals 100 feet.

The plat shall accurately locate all existing rights-of-way, easements, and existing structures. The property lines indicated shall be obtained from existing recorded maps, and the plat need not be prepared by an engineer or surveyor unless the location of buildings requires more accurate locational data. In such instances the property owner may be required to have such buildings and adjoining lot lines accurately located to determine the effect a lot line adjustment would have on the existing development.

The plat shall indicate all dimensions and courses of property lines, the assessor’s parcel, and the resultant area of the revised lots. The plat shall contain a certification by the parties holding title pursuant to Section 17.15.150 and the name of the person preparing the plat. (Ord. 1050 § 1, 6-10-75; Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1441.)

The planning manager shall, within three days of receipt of a request for a lot line adjustment, transmit such requests to those departments and local agencies which may have an effect on the proposal. The manager shall provide for a minimum of five days for a response before taking any action on the request. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1442.)

The planning manager shall approve a lot line adjustment when he/she finds that:

(a) The lot line adjustment does not violate existing codes and policies; and

(b) The lot line adjustment will not create difficult or unreasonable access to the parcels; and

(c) The lot line adjustment would not require variances to permit standard development; and

(d) Utilities and public services can be provided to the revised parcels; and

(e) No street dedications or improvements are required.

The planning manager may amend such plats as a condition of approval. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat; Ord. 01-2025 § 3, 1-7-25. 1990 Code § 8-1443.)

Approval or disapproval of a lot line adjustment by the planning manager shall appear on the plat. A copy thereof shall be transmitted to the applicant. A permanent copy of each lot line adjustment request and plat shall be maintained in the planning division, with a copy of each approved plat provided to the city engineer and chief building official. (Ord. 1050 § 1, 6-10-75; amended during 2012 reformat. 1990 Code § 8-1444.)

Notwithstanding the provisions of Section 17.10.200, except as otherwise provided in this chapter, two or more contiguous parcels of land created pursuant to this title or any prior law regulating the division of land, or which were not subject to such provision at the time of their creation, shall not be deemed merged by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of this title shall be required for the purpose of sale, lease, or financing of such contiguous parcels or units, or any of them. (Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1445.)

(a) Contiguous parcels held by the same owner shall be merged if any one of the contiguous parcels or units held by the same owner does not conform to the standards for minimum parcel size under the zoning ordinance applicable to the parcels or units of land and if all the following requirements are satisfied:

(1) At least one of the affected parcels is not developed with any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

(2) With respect to any affected parcel, one or more of the following conditions exists:

(A) Comprises less than 5,000 square feet in area at the time of the determination of merger.

(B) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

(C) Does not meet current standards for sewage disposal and domestic water supply.

(D) Does not meet slope stability standards.

(E) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

(F) Its development would create health or safety hazards.

(G) Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

(b) This section shall not apply if one of the following conditions exists:

(1) On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open space land pursuant to a contract, agreement, scenic restriction, or open space easement, as defined and set forth in Cal. Rev. & Tax. Code § 421.

(2) On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in Cal. Gov’t Code § 51104(f), or is land devoted to an agricultural use as defined in Cal. Gov’t Code § 51201(b).

(3) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the city.

(4) On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the city.

For purposes of subsections (b)(3) and (b)(4) of this section, “mineral resource extraction” means gas, oil, hydrocarbon, gravel or sand extraction, geothermal wells or other similar mining activity. (Ord. 1659 § 3, 5-7-85. 1990 Code § 8-1445.1.)

A merger of parcels becomes effective when the planning manager causes to be filed for record with the county recorder a notice of merger specifying the names of the record owners and particularly describing the real property. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.2.)

Prior to recording a notice of merger, the planning manager shall cause to be mailed by certified mail to the then-current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in this chapter and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder on the date that notice is mailed to the property owner. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.3.)

At any time within 30 days after recording of the notice of intention to determine status, the owner of the affected property may file with the planning manager a request for a hearing on determination of status. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.4.)

Upon receiving a request for a hearing on determination of status, the planning manager shall fix a time, date, and place for a hearing to be conducted by the planning manager, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than 30 days following the planning manager’s receipt of the property owner’s request therefor, but may be postponed or continued with the mutual consent of the manager and the property owner. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.5.)

At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in the merger ordinance.

At the conclusion of the hearing, the planning manager shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of his/her determination. A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 17.20.540, if the planning manager finds that the parcels are otherwise in substantial compliance with the objectives of this title. A determination of merger shall be recorded as provided for in Section 17.20.550 within 30 days after conclusion of the hearing. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.6.)

If, within the 30-day period specified in Section 17.20.570, the owner does not file a request for a hearing, in accordance with Section 17.20.570, the planning manager may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 17.20.550 no later than 90 days following the mailing of notice required by Section 17.20.580. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.7.)

If, in accordance with Section 17.20.590 or 17.20.600, the planning manager determines that the subject property shall not be merged, the manager shall cause to be recorded in the manner specified in Section 17.20.550 a release of the notice of intention to determine status and shall mail a clearance letter to the then-current owner of record. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat. 1990 Code § 8-1445.8.)

When a property owner of two or more contiguous lots desires to combine the lots, or is compelled to combine the lots due to public policy or ordinance, the property owner shall file a lot combination application with the planning manager. The application shall consist of a plat of the properties to be combined, with as many copies as may be required by the planning manager. If the manager finds that the proposed lot combination is in conformance with the general plan, the zoning ordinance and the city’s development policies, the manager shall approve the lot combination.

Upon approval of the lot combination, the property owner shall record the notice of approval for the lot combination with the county recorder. A copy of the recorded document shall be filed with the planning manager. Failure to record the lot combination shall be cause for the denial of any project dependent on the lot combination.

The above procedures for lot combinations shall not apply to parcel mergers as addressed in Sections 17.20.530 through 17.20.610. (Ord. 1659 § 3, 5-7-85; amended during 2012 reformat; Ord. 07-2023 § 1, 12-5-23. 1990 Code § 8-1446.)