§ 16.19

The purpose of this chapter is to set forth the standards and procedures for lot line adjustments consistent with the provisions of the Subdivision Map Act. (Ord. 936 § 1, 1992)

• A. Submittal of Application.

  1. An applicant for a lot line adjustment shall submit an application and map to the community development director in the format and number of copies specified by the community development director. The application shall contain all the information specified by the community development director, unless the community development director waives any of the information requirements. The application shall be accompanied by the fee established by resolution of the city council.

  2. The community development director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application.

• (Ord. 936 § 1, 1992)

• A. Decision.

  1. Upon a determination that the application is complete, the community development director may approve, conditionally approve or deny any application for lot line adjustment. Such decision shall include findings in accordance with the provisions of this chapter, and the decision shall be final, subject to appeal in accordance with subsection D of this section.

  2. Written notice of such decision shall be given by mail within seven calendar days after the date of the decision to the applicant and any person filing a written request for notice of the decision. Notice of decision shall be deemed given when placed in the United States mails with postage prepaid, using the address set forth on the application or using an envelope provided by the applicant for such purpose, as the case may be. At the discretion of the community development director, said notice may also be given by personal delivery with the same effect as if mailed.

  3. The decision of the community development director shall be final upon expiration of fourteen calendar days from and including the date of decision, unless a notice of appeal is filed with the community development director within such time.

  4. All conditions of approval shall be final, unless said conditions are appealed pursuant to subsection D of this section.

  5. The community development director shall certify that he or she approves, conditionally approves or denies an application for lot line adjustment by affixing his

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City of Manteca, CA § 16.19.030

MANTECA CODE

§ 16.19.030

or her signature to the statement of approval provided on the lot line adjustment plan in the case of approval or conditional approval of the application, or by withholding his or her signature in the case of denial of application.

• B.

Findings.

1. The community development director shall approve a lot line adjustment application if he or she finds:

   • a. The parcels resulting from the lot line adjustment conform to the zoning ordinance and applicable building ordinances of the city.

   • b. No conditions or exactions are required to bring project into conformance with the zoning ordinance and applicable building ordinances of the city, or to facilitate the relocation of existing utilities, infrastructure or easements.

2. Conditional Approval by the Community development director. Pursuant to Section 66412(d) of the State Map Act, the community development director shall conditionally approve a lot line adjustment where the conditions or exactions on its approval are needed to conform the lot line adjustment to local zoning or building ordinances, or to facilitate relocation of existing utilities, infrastructure or easements. Any dedications required as a condition of approval shall be made in accordance with Chapter 16.21 of this title; any improvements required as a condition of approval shall be made in accordance with Chapter 16.23 of this title.

3. The community development director shall deny a lot line adjustment if he or she finds:

• a. The parcels resulting from the lot line adjustment do not conform to the zoning ordinance or applicable building ordinances of the city.

  - b. Conformity to the zoning ordinance or applicable building ordinances of the city cannot be achieved through any reasonable set of conditions or exactions. 
  

• C.

Appeal.

1. Any decision of the community development director made pursuant to this section shall be subject to appeal to the planning commission.

2. The applicant or any other person may appeal from such decision by filing a written notice of appeal with the community development director prior to the time the decision becomes final. The community development director shall furnish forms of notice of appeal. The appeal shall be accompanied by the fee established by resolution of the city council.

3. Notice of the hearing on the appeal shall be given in the manner and time provided in subsection B of this section.

4. The planning commission may reverse, affirm wholly or partly, modify or attach other or additional conditions to the decision appealed from.

5. The decision of the planning commission on any such appeal shall be final upon adoption of an order or resolution containing its determination, and no notice thereof need be given.

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City of Manteca, CA

SUBDIVISIONS

§ 16.19.030

§ 16.19.040

• D. Time Limits for Actions. The community development director shall act to approve, conditionally approve or disapprove the lot line adjustment within fifty calendar days. The time limits for acting on certain matters specified in this section may be extended by mutual consent of the applicant and the community development director evidenced in writing.

• (Ord. 936 § 1, 1992)

Upon approval of the request for lot line adjustment and expiration of the appeal period specified in Section 16.19.030 D of this chapter or final decision of the planning commission upon appeal, the city engineer shall cause to be recorded with the county recorder a grant deed or deeds reflecting the approved lot line adjustment, provided the following criteria have been met:

• A. The community development director has determined that any conditions placed on the approved lot line adjustment have been satisfied.

• B. The applicant, or the applicant's title company or agent, has submitted copies of the grant deed or deeds for the land proposed to be conveyed for the lot line adjustment in recordable form, the community development director has determined that the grant deed or deeds are in substantial compliance with the approved lot line adjustment map, and that said grant deed or deeds contain the words "FOR PURPOSES OF LOT LINE ADJUSTMENT." A plat that accurately describes the lot line adjustment shall also be required as an exhibit to the deed.

• C. In cases where deeds of trust are affected by the adjustment, the applicant or the applicant's title company or agent has submitted copies of the partial reconveyances and supplemental deeds of trust, in recordable form, to the community development director, and the community development director has determined that said documents are in substantial compliance with the approved lot line adjustment, the Subdivision Map Act and this title.

• D. All applicable fees have been paid.

• E. The grant deed or deeds, partial reconveyances and supplementary deeds of trust, if applicable, shall be recorded concurrently and shall constitute constructive notice of the adjustment.

• F. A record of survey shall be required as specified in Section 8762 of the Business and Professions Code.

• (Ord. 936 § 1, 1992)

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City of Manteca, CA

SUBDIVISIONS

§ 16.21.010

§ 16.21.030