Imperial County Municipal Code Ch. 7 Lot Line Adjustments

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 7, which pertained to the same subject matter, consisted of §§ 90807.00—90807.08, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

The purpose of this Chapter is to establish procedures for the processing of applications for Lot Line Adjustments. A lot line adjustment is a modification of a boundary line between four or fewer existing adjoining legal parcels where the modification complies with the following criteria:

A. No new parcels are created, and no existing parcels are deleted.

B. No parcel is reduced below the minimum lot area or minimum setback and minimum distances between structures required by the zoning designation set forth in Imperial County Land Use Ordinance and the General Plan of Imperial County.

C. The proposed adjustment is exempt from the Subdivision Map Act, and no tentative map, final map or parcel map, shall be required as a condition to the approval of a lot line adjustment.

D. Public rights-of-way are not altered in any way unless approved by the Director of Public Works.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A written application (form provided by the Planning and Development Services Department) for a lot line adjustment as defined in Chapter 1 of this Division shall be made to the Planning and Development Services Department. The applications shall be accompanied by the fee as required in this Title.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Every application for a Lot Line Adjustment shall include a detailed "site plan". The site plan shall include such information deemed necessary by the Planning and Development Services Department, and at a minimum shall include the following:

1. Must show the entirety of all parcels and all property boundary lines.

2. All property boundary dimensions.

3. All existing structures (below and above ground).

4. All proposed structures (below and above ground).

5. Distance from all structures to property lines and between structures.

6. North orientation.

7. Scale.

8. Access from adjacent street/road.

9. All utility locations (i.e. electrical, plumbing).

10. Name and telephone number of person(s) preparing plan.

11. Location of known hazard areas, if any.

12. Assessor's Parcel Number, legal description and property size.

13. Must show all easements, rights-of-way, etc.

14. Parking areas.

15. Drainage.

16. Must show proposed lot line adjustment. This line must be shown as dashed and labeled proposed Lot Line. Dimension of existing and proposed lines must be shown.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Every application submitted shall be deemed "received" on the date of submittal and shall be signed and dated by the Department staff. The Department shall within a maximum of thirty (30) days from receipt determine whether an application is complete or incomplete. Any application deemed complete shall be reviewed, processed by staff, and scheduled for the next hearing body as applicable under this Division.

Any application deemed incomplete shall be returned to the applicant with a written letter of transmittal, explaining the reasons for the rejection.

A re-submittal of a rejected application shall be deemed the equivalent of a new application and all procedures and time frames shall be as a new application.

Under no conditions shall the Department accept an incomplete application and commence processing it, unless and until all necessary information and supporting documentation is provided.

Failure of an applicant to submit the correct fees shall constitute an immediate rejection without further review.

The Planning Director shall conduct a public hearing and approve or deny the lot line adjustment based on consistency with the following determination if the application is categorically exempt under CEQA, or if further environmental documentation is required.

A. Whether the lot line adjustment conforms to State law and County Ordinances;

B. The lot line adjustment is consistent with County Zoning and Building law;

C. That the lot line adjustment is not a re-subdivision pursuant to Government Code, Section 66499.20.2;

D. That the lot line adjustment does not create any new lots or parcels or delete any lots or parcels;

E. Determine what CEQA documentation is necessary to be filed for the applicants;

F. Determine what conditions are necessary for compliance with Land Use Ordinance, and to facilitate the relocation of existing utilities, infrastructure, easements or improvements;

G. A County tax certificate ensuring that all property taxes are current prior to recordation of the certificate of compliance.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

The Department shall schedule the lot line adjustment for Planning Director Action or Planning Commission by allowing adequate review time for staff and responsible departments/agencies, yet within time limits established by law. Under no circumstances shall a project be heard by the Planning Director without all required noticing having been provided.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

The department shall strictly adhere to the following noticing requirement:

Refer to Division 1, Chapter 4, Section 90104.03.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Any decision made by a hearing body (planning director, planning commission, and/or Board of Supervisors) shall be deemed a final decision unless appealed to the next administrative hearing body as provided under Section 90101.10. No hearing body shall be allowed to re-hear or re-consider its decision, except as provided for under Section 90101.10.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Upon the filing of an appeal from the Director's decision, the Director shall then schedule a hearing on the issue before the planning commission, at the next regularly scheduled meeting for which noticing requirements can be met. A decision of the Director on lot line adjustments shall not be appealable to the Board of Supervisors and must be heard by the planning commission.

Any person may appeal the decision of the planning director on a lot line adjustment provided such an appeal meets the following requirements:

A. A written appeal is filed within ten (10) calendar days from the planning director's decision on land use projects or decisions.

B. The appeal is filed with the Planning and Development Services Department.

C. The requisite fees are included.

D. The written appeal clearly states the following:

1. Name of person(s) filing appeal.

2. Address and phone number of person(s) filing.

3. Project/decision being appealed.

4. Reason for filing appeal.

5. Facts, condition(s), information, error, or other specifics to warrant appeal.

6. Prior effort(s) made to arrive at acceptable solution if any.

7. Action being requested (i.e. deny project, approve project, modify conditions, etc.).

8. Signature of applicant.

The planning commission's decision is final with no further appeal.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

Upon compliance with all conditions of approval and submittal and completion of all of the following, the Planning Director shall record a Lot Line Adjustment Certificate of Compliance.

1. Full legal description and closure sheets acceptable to the County Surveyor and the Planning Director. The legal description shall be stamped and signed by a California Licensed Land Surveyor or a California Registered Civil Engineer (licensed to practice in the category of work to be performed) on plain bond paper eight and one-half inches by eleven (11) inches.

2. Letter of approval by the County Surveyor on the new legal description.

3. Certificate of Compliance prepared by the Planning and Development Services Department and signed by the Planning Director,

4. Current tax certificate issued.

5. Recording fees.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)