Fresno Municipal Code Art. 42 Lot Line Adjustments, Mergers, and Reversions

This article provides for the adjustment of the size and configuration of lots through a Lot Line Adjustment or Lot Merger. This includes the procedures for the preparation, filing, processing, and approval or denial of Lot Line Adjustment applications, consistent with the policies of the General Plan, the requirements of the Map Act (Section 66412(d)), and the procedures for voluntary Parcel Mergers.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Applicability. As provided by the Map Act (Section 66412(d)), a Lot Line Adjustment procedure is for the purpose of relocating lot lines between four or fewer existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where:

1. No more parcels are created than originally existed;

2. No additional lots or building sites are created; and

3. The Lot Line Adjustment shall not result in the creation of an additional substandard lot, nor in a decrease in the size of an existing substandard lot.

B. Application. A Lot Line Adjustment application shall include the following information as required by the City Engineer:

1. Proof of the legal status of the parcel;

2. Plot plan showing existing lot dimensions;

3. Deed or record of survey showing proposed lot dimensions; and

4. Other information necessary to conform with the General Plan, Building Code, and this Code.

C. Criteria for Approval of Lot Line Adjustments. The City Engineer shall approve a Lot Line Adjustment based on a determination that it will meet all of the following criteria:

1. The adjustment is between four or fewer parcels and no additional parcels are created;

2. No street or alley dedication or improvement is necessary to adequately serve the properties affected by the proposed Lot Line Adjustment;

3. The lots proposed in the adjustment will comply with the provisions of this article, the Subdivision Map Act, the General Plan, and the Development Code;

4. The zoning and the Planned Land Use are consistent per the operative plan(s);

5. The lots proposed in the adjustment will comply with the provisions of the Building Code;

6. The adjustment shall not result in the creation of an any new nonconformities, including, but not limited to, signage, parking, fencing, etc.;

7. The resulting parcels do not interfere with existing utilities, infrastructure, or easements;

D. Completion.

1. Recording with County Recorder. A Lot Line Adjustment shall not be effective until a deed signed by the record owners has been recorded. The applicant shall submit the legal description to the City Engineer for review and approval of this, before recordation of the grant deed. The legal descriptions provided in the deeds shall be prepared by a person authorized to practice land surveying in the State.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

A. Required Mergers. Pursuant to the Map Act (Section 66451.10) and the requirements of this Subdivision Ordinance, the City may initiate the merger of two or more contiguous parcels or units held by the same owner if any one of the contiguous parcels or units does not conform to the standards for minimum parcel or lot size established by the Development Code, and if the requirements as stipulated in the Map Act (Section 66451.11) are satisfied.

B. Mergers Initiated by the Property Owner.

1. Applicability. Upon request of the legal owners of contiguous parcels, the City Engineer, following a recommendation by the Director, may approve the merger of the property in compliance with the Map Act (Section 66499.20 3/4).

2. Review. An application shall be made to the City Engineer.

3. Request for Determination. Upon written application by the owner to the City Engineer, the City Engineer shall determine whether the affected parcels shall be merged and shall notify the owner of the determination. If the City determines that the parcels shall not be merged, the owner may file a written request for a hearing with the City Engineer pursuant to the requirements of this section. If the City determines that the parcels shall be merged, a determination of merger shall be recorded.

4. Recording with the County Recorder. Upon approval, a notice of the Lot Merger shall be filed with the County Recorder. The form and content of the notice shall be as required by the City Engineer.

C. Mergers Initiated by the City.

1. Notice of Intention to Determine Status. The Director shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged, and the owner may request a hearing on the determination of status before the Planning Commission to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record at the County Recorder on the same day that the notice is mailed to the property owner.

2. Hearing on Determination of Status. The owner of the affected property may file a written request for a hearing with the Director within 30 days after the recording of the notice of intention to determine status. Upon receipt of the request, the Director shall set a time, date and place for a hearing and notify the owner by certified mail. The hearing shall be conducted not more than 60 days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Director and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements of this article.

3. Determination of Merger. At the conclusion of the hearing, the Commission shall determine whether the affected parcels shall be merged or not and shall notify the owner of the determination.

a. If the Commission makes a determination that the parcels are to be merged, the City Engineer shall record a determination of merger within 30 days of the Commission's decision unless the owner files an appeal.

b. If, within the 30 day period following the recording of the notice of intention to determine status, the owner did not file a request for a hearing, the Director and City Engineer shall make a determination that the affected parcels are to be merged or are not to be merged. If the Director and City Engineer determine that the parcels shall be merged, the City Engineer shall record a determination of merger within 90 days following the mailing of the notice of intention to determine status if there is no hearing.

c. The determination of merger shall specify the name of the record owners and a description of the property.

d. If the City determines that the parcels shall not be merged, the City Engineer shall record a release of the notice of intention to determine status and shall mail a clearance letter to the owner of record.

D. Unmerged Parcels. A property owner may apply to the City for a determination that any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984 are deemed not to have been merged under Section 66451.30 of the Map Act. If the Director determines that the parcels meet the standards specified in Section 66451.30, the City shall issue the owner, and record with the County Recorder, a notice of the status of the parcels and a declaration that the parcels are not merged.

E. Allowance for Minor Deviation. For small, oddly shaped, and hard-to-develop lots, a greater Minor Deviation allowance may be permitted. See Section 15-5602-B.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Subdivided property may be reverted to acreage in compliance with the procedures and requirements of the Map Act (Sections 66499.11 et seq.).

(Added Ord. 2015-39, § 1, eff. 1-9-16).