Ione Municipal Code Ch. 16.22 Lot Line Adjustments

The purpose of this chapter is to establish the procedures for application, processing, and deciding applications for lot line adjustment.

(Ord. No. 431, § 2, 2-2-2010)

A. The designated approving authority for lot line adjustments shall be the city planner.

B. The procedure provided by this chapter is an alternative to the procedures provided by Chapters 16.26, 16.28 and 16.30 of this title. Nothing stated herein shall be construed to prevent an applicant from filing a tentative map, a final map, or a parcel map for any lot line adjustment.

(Ord. No. 431, § 2, 2-2-2010)

A. An application for a lot line adjustment may be made by owners of all affected parcels or individuals authorized by the owner(s) to make an application. Such an application shall be filed with the city planner and shall include the following information, materials and documents, to the satisfaction of the city engineer:

1. Drawings specifying the location of the existing lots, the proposed lot line adjustment, and the boundaries and dimensions of the proposed new lots;

2. A legal description satisfactory to the city engineer;

3. Such additional information listed in Sections 16.26.040(C) and 16.26.060 of this title as the city engineer may require, considering the magnitude of the adjustment; its relation to existing buildings, structures, and landscaping; the present use and zoning of the property; location and extent of public improvements; its relation to adopted plans for the area; and compliance with the Subdivision Map Act or other ordinances and plans of the city.

B. The application shall be accompanied by a filing fee established by resolution of the city council.

(Ord. No. 431, § 2, 2-2-2010)

A. Application Processing.

1. Within 30 days of receiving an application for a lot line adjustment, the city planner shall inform the applicant whether the application is complete and accepted for filing. If incomplete, the city planner shall advise the applicant as to any deficiencies in the application.

2. Within ten days after an application has been found to be complete and accepted for filing, the city planner shall transmit copies of the application and, where applicable, copies of drawings, statements and other data required to accompany the application or required subsequent to the filing of the application, to the city engineer and to such other public or private agencies or departments as the city planner determines may be affected by the proposed lot line adjustment.

3. Applications for lot line adjustments shall be processed by the applicant in a timely manner. If the applicant fails to process the application to completion within one year from the date the application was first submitted, due to the applicant's failure to respond to requests for additional information, to pay processing fees, or for any other reason, and upon written notice of the city planner, the application shall be deemed withdrawn. Thereafter, a new application, including the filing fee, will be needed to process the lot line adjustment.

4. Public Hearing. No public hearing shall be required for a lot line adjustment, except as set forth below:

a. Notice of the filing of an application for a lot line adjustment shall be mailed to persons owning property within 300 feet of the project site and posted on the property where the sign or signs are proposed to be located. The mailed notice of application shall advise persons that plans for the project are available for public review at city hall. The notice shall also indicate that the approving authority will take final action on the application unless a written request for hearing is received by the city planning department on or before the date specified in the notice, which shall be at least ten working days from the date of mailing.

b. If no timely written request for hearing is filed, the application shall be administratively decided by the approving authority.

c. If a timely written request for hearing is filed, the application shall no longer be administratively processed and shall instead be decided at a public hearing of the planning commission.

d. Notwithstanding the foregoing, the approving authority may elevate any project to a planning commission decision if, in the opinion of the approving authority, the location, size, or design of the project warrants a hearing before the planning commission.

B. Action by the City Planner. The designed approving authority may approve, conditionally approve, or disapprove a proposed lot line adjustment.

(Ord. No. 431, § 2, 2-2-2010)

The city planner shall approve a lot line adjustment sought pursuant to this chapter if the city planner finds:

A. That the lot line adjustment will not result in the abandonment of any street or utility easement of record, and that, if the lot line adjustment will result in the transfer of property from one owner to another owner, the deed to the subsequent owner expressly reserves any street or utility easement of record;

B. That the lot line adjustment will not result in the elimination or reduction in size of the access way to any resulting parcel, or that the application is accompanied by new easements to provide access which meet all the city requirements regarding access to parcels in the location and of the size as those proposed to be created; and

C. That the resulting parcels conform to the requirements of the city's general plan, any applicable specific plan, the building code, and the city's zoning code.

(Ord. No. 431, § 2, 2-2-2010)

The applicant or any interested person adversely affected by any action of the city planner on a lot line adjustment may, within ten days after the decision, appeal the decision consistent with Section 17.08.060 (appeals) of this Municipal Code.

(Ord. No. 431, § 2, 2-2-2010)

Pursuant to Government Code Section 66412(d), the lot line adjustment shall be reflected in a deed, which shall be recorded.

(Ord. No. 431, § 2, 2-2-2010)