Hillsborough Municipal Code Ch. 16.36 Lot Line Adjustments

California Government Code Section 66412 of the Subdivision Map Act provides that lot line adjustments are excluded from the requirements of the Subdivision Map Act when they have been approved by the local agency. The purpose of this chapter is to provide a procedure for granting such approval.

(Ord. No. 696, 7-11-2011)

A lot line adjustment is a change in location of one or more lot lines between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created.

(Ord. No. 696, 7-11-2011)

A. Application for a lot line adjustment shall be made by delivering to the city engineer two copies of a lot line adjustment map (plat of lot line adjustment) on which the proposed lot line adjustment is shown, together with the additional information required by Section 16.36.040 B. The lot line adjustment map shall meet the requirements of Section 16.36.040 A.

B. At the time of submitting the lot line adjustment map, the applicant shall also pay the lot line adjustment application fee in the amount established from time to time by resolution of the city council.

C. The lot line adjustment application may be processed instead as a merger and resubdivision pursuant to California Government Code Section 66499.20-1/2, if the city engineer and the applicant so agree or if the then-applicable law so requires.

(Ord. No. 696, 7-11-2011)

A. The lot line adjustment map or parcel map and any exhibits thereto shall be in a size and format satisfactory to the city engineer. The lot line adjustment map or parcel map and exhibits shall clearly show the following information:

1. The boundary lines of the existing lots, with dimensions, based on existing survey or other record data;

2. The proposed division lines with dimensions and the area in acres of the existing and proposed lots;

3. The location of the foundation lines and all exterior walls and protrusions of all structures, including, but not limited to, residences, pools, athletic courts, decks, and other similar structures, on the existing lots;

4. The names and locations of all streets abutting the existing lots;

5. The location, purpose, and width of all existing streets and easements on the existing lots or affected by or in close proximity to the land to be conveyed between adjoining lots;

6. The current use of the existing lots;

7. The utilities serving the existing lots;

8. The name and address of the civil engineer or licensed land surveyor who prepared the lot line adjustment map, together with the number and expiration date of such person's professional license;

9. A description of all the property involved in the proposed lot line adjustment identified by assessor's parcel number(s) (APN);

10. Such other information as required by the city engineer.

B. The lot line adjustment map shall be accompanied by the following information:

1. Name(s) and address(es) of the record owner(s);

2. Legal descriptions of each adjusted lot shown on the lot line adjustment map;

3. Current title report from a title company qualified to do business in the state of California, showing all parties whose consent is necessary to pass clear title to the land described in the lot line adjustment map. All legal forms and notes used in certificates, acknowledgments, and the like shall be in a form acceptable to the city attorney.

C. Following review and tentative approval of the lot line adjustment map by the city engineer, the applicant shall provide the following:

1. A notarized certificate (in the form provided by the city engineer) signed by all of the legal owners stating their ownership interest and consenting to the lot line adjustment;

2. A statement (in the form provided by the city engineer) signed by the engineer representing the owner(s) certifying that the information shown on the lot line adjustment map is true and correct and based on a field survey.

(Ord. No. 696, 7-11-2011)

A. The city engineer, in consultation with the director of building and planning and the chief building official, shall review the lot line adjustment map and approve, conditionally approve, or disapprove it within thirty days after the lot line adjustment map was filed; provided, however, that the applicant and the city engineer may agree to a longer period of time for the city engineer to complete the review.

B. The review shall be limited to determining whether or not the lots resulting from the proposed lot line adjustment conform to the general plan and zoning and building codes of the town. The city engineer shall not impose conditions or exactions on the approval of the lot line adjustment except to conform to local zoning and building ordinances, as determined by the director of building and planning and the chief building official, or to facilitate the relocation of existing utilities, infrastructure, or easements.

C. The city engineer shall approve the proposed lot line adjustment whenever all of the following conditions are met:

1. The lots that will result from the proposed lot line adjustment conform to the general plan and all the applicable zoning and building ordinances in effect and comply with the provisions of this title pertaining to or affected by the size, shape, dimensions, or location of lots in subdivisions for which tentative and final maps are required;

2. The proposed lot line adjustment will not be detrimental to the health, safety, or general welfare of the town or its inhabitants.

D. Notwithstanding the provisions of subsection C. of this section, if the proposed lot line adjustment includes the dedication or abandonment of easements, the city engineer shall not approve the lot line adjustment map until the city council has accepted the offered dedications or abandonments in a public hearing conducted as for a hearing on a tentative map application.

E. The city engineer's signature on the city engineer's statement accompanying the lot line adjustment map and the city surveyor's signature on the city surveyor's statement, where applicable, shall indicate approval of the proposed lot line adjustment.

F. The city engineer shall notify the applicant (and any affected town department, as necessary) in writing of the city engineer's decision.

G. If the city engineer approves the proposed lot line adjustment, the applicant shall cause the lot line adjustment map, together with the legal descriptions required by Section 16.36.040 B.2. and the certificates and statements required by Section 16.36.040 C.1. and 2. to be recorded and shall cause a copy of the recorded map to be provided to the city engineer. The lot line adjustment shall not be effective until the lot line adjustment map has been so recorded.

(Ord. No. 696, 7-11-2011)

If the applicant disagrees with the decision of the city engineer, the applicant may file a written appeal within ten days after the date of the decision. The appeal shall be heard by the city council at the council meeting at which the appeal may first be placed on the agenda in conformity with the requirements of the Ralph M. Brown Act. The decision of the city council shall be final.

(Ord. No. 696, 7-11-2011)