Hidden Hills Municipal Code Art. D Lot Line Adjustments

Footnotes:

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Editor's note— Ord. No. 388, § 1, adopted September 11, 2023, amended Article D in its entirety to read as herein set out. Former Article D, §§ 5-3D-1—5-3D-3, pertained to similar subject matter, and derived from Ord. 195, 7-6-87; 1994 Code.

As authorized under the provisions of Government Code Section 66412(d), a "lot line adjustment" shall mean any adjustment between four (4) or fewer existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created. For purposes of this section, an "adjacent parcel" directly touches at least one of the other parcels involved in the adjustment. Parcels containing structures encroaching across original parcel lines shall be considered a single parcel for purposes of an adjustment.

(Ord. No. 388, § 1, 9-11-23)

An applicant shall submit a lot line adjustment application to the Planning Director with all information and other materials deemed necessary by the Planning Director to review and act on the request. The fees for processing a lot line adjustment shall be established by resolution of the City Council.

(Ord. No. 388, § 1, 9-11-23)

A. Within 30 days after a lot line adjustment application has been filed, the Planning Director shall in writing approve, conditionally approve or deny the lot line adjustment. Decisions made by the Planning Director may be appealed to the City Council.

B. The Planning Director shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this Chapter, the zoning code, the building code, any other applicable provisions of the municipal code, the General Plan and the Subdivision Map Act.

C. The Planning Director shall approve a lot line adjustment if the following requirement findings are made:

1. The lot line adjustment will not have the effect of creating a greater number of parcels than exist before adjustment;

2. Any parcel resulting from the lot line adjustment will not conflict with any applicable regulations of this Chapter, the zoning code, the building code any other applicable provisions of the municipal code, the General Plan or the Subdivision Map Act;

3. The lot line adjustment will not result in an increase in the number of nonconforming parcels.

4. Any change in access, lot configuration, or orientation of structures, easements, or utilities to lot lines will not result in a burden on public services or materially affect the property rights of any adjacent owners.

5. The lot line adjustment will not deny access to any parcel.

6. The adjustment will not result in a conflict with any public or private easement.

7. The parcels to be adjusted are eligible for unconditional certificates of compliance under provisions of the Subdivision Map Act and this Chapter.

D. In approving a lot line adjustment, the Planning Director may condition the approval of the lot line adjustment as necessary to conform to the requirements of the General Plan, the zoning code, and the building code or to facilitate the relocation of existing utilities, infrastructure or easements.

(Ord. No. 388, § 1, 9-11-23)

A. The applicant or any affected party may appeal the decision of the Planning Director to the Planning Agency, in writing, within 20 days after the Planning Director makes the decision.

B. An appeal shall be filed with the City Clerk and accompanied by an appeal fee in the amount established by the City Council. Upon the filing of an appeal, the Planning Director shall forward to the City Clerk his files with regard to the lot line adjustment. Upon receipt of the files, the City Clerk shall set the matter for a public hearing before the Planning Agency. Notice shall be given as provided in subsection 5-2I-4 C.4. The Planning Agency shall consider the matter de novo following the public hearing upon the appeal.

C. The filing of a timely appeal shall stay the effective date of the Planning Director's decision, pending action by the Planning Agency.

(Ord. No. 388, § 1, 9-11-23)

A. Within 12 months after approval of a lot line adjustment, the adjustment process shall be completed as set forth in this section through the recordation of a deed, after all conditions of approval have been satisfied.

B. Completion by Deed. A lot line adjustment shall not be considered legally completed until either a grant deed or a quit claim deed signed by the record owners has been recorded. The applicant shall submit deeds to the City Engineer for review and approval as set forth in subsection C. of this section before recordation of the grant deed or quit claim 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 California.

C. Review and Approval by City Engineer. The city engineer shall:

1. Examine the deeds to ensure that all record title owners have consented to the adjustment;

2. 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 development review committee;

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

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

No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.

D. 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 12 months of approval.

(Ord. No. 388, § 1, 9-11-23)