Chapter 6-24 — LOT LINE ADJUSTMENTS

Sections:

6-2401 - Findings and purpose.

(a)

The city council finds that:

(1)

There are unimproved lots that were created before incorporation and, in some instances, years before requirements for zoning, subdivision approval and environmental review were enacted. Many of these lots are substandard when measured against standards now in effect in the city;

(2)

Government Code § 66412(d), part of the Subdivision Map Act (Government Code § 66410 et seq.), provides that a lot line adjustment between two or more existing parcels is exempt from its provision where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created. Government Code § 66412(d) further provides that in reviewing and approving a lot line adjustment, the city is limited to a determination of whether or not the parcels resulting from the lot line adjustment will conform to a city's general plan or its zoning and building ordinances. The city may deny a lot line adjustment if the resulting parcels do not conform to the city's general plan or its zoning and building ordinances, and may impose conditions or exactions to a lot line adjustment in order to conform to its general plan and zoning and building ordinances and to facilitate the relocation of existing utilities, infrastructure and easements; and

(3)

The approval of a lot line adjustment may result in development that causes changes in the density or intensity of the use of property or that is inconsistent with the standards of developed properties in the neighborhood or both; all of which are contrary to the goals and policies of the general plan and its implementing regulations.

(b)

The purpose of this chapter is to establish a procedure and standards for the review and determination of each request for a lot line adjustment, to require that the parcels resulting from the lot line adjustment will conform to the city's general plan, zoning and building ordinances, and to authorize the imposition of conditions and exactions when necessary to conform the parcels resulting from the lot line adjustment to the general plan and zoning and building regulations, all in a manner consistent with Government Code § 66412(d).

(Ord. 532 § 1, 2002)

6-2402 - Authority for enactment.

This chapter is enacted under Government Code § 66412(d).

(Ord. 532 § 1, 2002)

6-2403 - Definitions.

In this chapter unless the context otherwise requires:

(a)

"Hearing body" includes the planning and building services manager and planning commission;

(b)

"Lot line adjustment" is the reconfiguration of the boundaries between two or more existing adjacent parcels, where the 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;

(c)

"Manager" is the planning and building services manager;

(d)

"Minor lot line adjustment" is the reconfiguration of boundaries between two parcels that are developed with single family residences and that, in both the before condition and the condition following a lot line adjustment, comply with the general plan and zoning and building ordinances; and

(e)

"Zoning and building ordinances" include Chapter 6-20, Hillside Development.

(Ord. 532 § 1, 2002)

6-2404 - Application.

(a)

An application for a lot line adjustment shall be submitted in writing, on a form provided by the city, containing the following information:

(1)

The legal descriptions of the parcels whose boundaries are to be adjusted;

(2)

The owners' names, addresses and telephone numbers;

(3)

Evidence of title;

(4)

A map or plat showing the parcels before and after their adjustment, their relationship to each other, adjoining parcels, street center lines, right-of-way lines, existing buildings, fences and structures;

(5)

Contra Costa County assessor's parcel numbers; and

(6)

Such other information the manager requires.

(b)

The application shall be accompanied by the fee fixed by resolution of the city council.

(Ord. 532 § 1 (part), 2002)

6-2405 - Processing application and giving notice of public hearing.

(a)

The manager shall endorse on the application the date it is received and if it is complete, accept it for filing and thereafter fix a time and place for a public hearing on the application. In the case of a minor lot line adjustment, the manager may dispense with the notice and public hearing.

(b)

The manager shall give notice of the time and place of the public hearing. The notice requirement is notice requirement specified for a public hearing on an application for a variance permit as set forth in sections 6- 210 and 6-211.

(Ord. 532 § 1, 2002)

6-2406 - Hearing and determination on the application.

If, in the opinion of the manager, the lot line adjustment is a minor lot line adjustment, the manager may act on the application. The manager in the exercise of discretion may defer action and refer the matter to the planning commission. In that case and in all other cases, the planning commission shall hold the public hearing and act on the application.

(Ord. 532 § 1, 2002)

6-2407 - Limitation on hearing body's authority.

(a)

The hearing body shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the general plan and zoning and building ordinances and regulations.

(b)

The hearing body may not impose conditions or exactions on its approval of a lot line adjustment except to:

(1)

Conform the parcels resulting from the lot line adjustment to the general plan and zoning and building ordinances;

(2)

Require the prepayment of real estate property taxes before approving the lot line adjustment; and

(3)

Facilitate the relocation of existing utilities, infrastructure or easements.

(Ord. 532 § 1, 2002)

6-2408 - Findings required to approve application.

In determining whether or not a proposed lot line adjustment conforms to the general plan and zoning and building ordinances, and in order to approve a lot line adjustment, the hearing body must make each of the following findings:

(a)

In the after-approved condition each parcel subject to Chapter 6-20, Hillside Development, has a building site that meets the requirements of 6-2047 upon which a dwelling unit could be built that meets the requirements of section 6-2048. The hearing body may waive one or more of these requirements if it finds that 1) no lot line adjustment could satisfy the requirements, and 2) in the after-approved conditions each affected parcel is closer to meeting the requirements than it was prior to the lot line adjustment;

(b)

Each affected parcel has adequate emergency vehicle access;

(c)

In the after-approved condition, each affected parcel complies with the general plan and zoning and building ordinances. In the case of a lot line adjustment between parcels that are subject to Chapter 6-20 but are non-conforming as to the density limits, this finding may be waived; and

(d)

In the after-approved condition, each affected parcel does not violate a condition of development previously imposed by the city on any portion of the parcel.

(Ord. 532 § 1, 2002)

6-2409 - Decision and appeal.

Sections 6-225 through 6-238 govern the decision and appeal of the action by the hearing body.

(Ord. 532 § 1, 2002)

6-2410 - Completion of lot line adjustment.

No tentative map, parcel map or final map shall be required as a condition to approval of the lot line adjustment. The lot line adjustment shall be reflected in a deed which must be recorded. A record of survey must be performed if required by Business and Professions Code § 8762. The hearing body may require a record of survey if the parcels affected by the lot line adjustment are under common ownership. If the lot

line adjustment affects parcels held in different ownership, the owners shall actually convey the requisite interests in the affected parcels in order to effect the lot line adjustment. The hearing body may require each owner to obtain a certificate of compliance that sets forth each owner's name and the assessor's parcel number.

(Ord. 532 § 1, 2002)

Chapter 6-24.5 - WATER EFFICIENT LANDSCAPE

Sections:

The purpose of this chapter is to ensure that the design, installation, and maintenance of landscapes within the City of Lafayette meet the requirements of the State of California Model Water Efficient Landscape Ordinance set forth in Title 23, Division 2, Chapter 2.7 of the California Code of Regulations and Section 65595 of the California Government Code, in accord with Governor's Executive Order Number B-29-15 adopted on April 1, 2015.

(Ord. No. 669, § 3, 10-24-2022)

6-24.502 - Adoption of State of California Model Water Efficient Landscape Ordinance.

The State of California Model Water Efficient Landscape Ordinance, set forth in Chapter 2.7 of Division 2 of Title 23 of the California Code of Regulations, and as amended from time to time by the State of California, is hereby adopted by reference in its entirety as if incorporated and set out in full in this chapter as the Water Efficient Landscape Ordinance of the City of Lafayette. A copy of the State of California Model Water Efficient Landscape Ordinance has been filed with the city clerk.

(Ord. No. 669, § 3, 10-24-2022)

(a)

Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City of Lafayette, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO.

(b)

If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO requirements in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(Ord. No. 669, § 3, 10-24-2022)

Violations of this chapter shall be subject to the imposition of penalties pursuant to Chapter 1-9 of the Lafayette Municipal Code.

(Ord. No. 669, § 3, 10-24-2022)