Chapter 17.20 — LOT LINE ADJUSTMENTS AND VOLUNTARY LOT MERGERS

Sections: * Editor's note: The title of Ch. 17.20 was amended by Ord. 02-03 § 22.

The purpose of this chapter is to establish a procedure and standards for the review and determination of a request for a certain lot line adjustments and for the merger of specified parcels and to authorize the imposition of conditions and exactions when necessary to conform the parcels resulting from the lot line adjustment or merger to existing zoning and building regulations, consistent with Government Code Section 66412(d).

(Ord. 02-03 § 22 (part): Ord. 99-5 § 2 Exh. A (part))

In this chapter unless the context otherwise requires: "Lot line adjustment" means the adjustment of a lot line 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 created. "Nonconforming" or "nonconformity" refers to each parcel created as a result of a lot line adjustment and the fact that each such parcel does not meet all applicable land use regulations existing at the time the parcel is created. (Ord. 02-03 § 22 (part); Ord. 99-5 § 2 Exh. A (part))

A. Notice and Hearing Required. A lot line adjustment may be approved by the Zoning Administrator after a noticed hearing if the proposed adjustment complies with this chapter, except that the Zoning Administrator may refer an application for a lot line adjustment to the Planning Commission if the adjustment involves more than two lots or, in the opinion of the Zoning Administrator, the public interest would be better served by Planning Commission review. If the lot line adjustment is part of a project which will require Planning Commission review, the proposed adjustment shall be reviewed by the Planning Commission. The adjustment of a lot line in violation of this chapter is declared to be a public nuisance. B. Notice and Hearing Not Required. A lot line adjustment may be approved by the Zoning Administrator without notice to anyone other than the owners of the subject lots and without a public hearing if the lot line adjustment is between two lots, one of which contains an existing residence or commercial structure and the lot line adjustment is for the sole purpose of: (1) compensating for a preexisting condition such as an encroachment of a fence or driveway onto an adjoining parcel; or (2) establishing conforming setbacks for an encroaching structure. (Ord. 99-5 § 2 Exh. A (part))

A lot line adjustment may be approved if as proposed or as modified by conditions imposed findings of fact are made to support the following standards: A. The reconfiguration is consistent with the general plan and applicable specific plan; B.

The resulting lots will conform with the city's zoning and building ordinances. (Ord. 99-5 § 2 Exh. A (part))

A lot line adjustment may be approved without requiring conformity with the city's zoning and building regulations if: (1) the reconfiguration reduces the degree of nonconformity of each reconfigured parcel; or (2) does not substantially increase the degree of an existing nonconformity, so long as in either case the change will enhance neighborhood property values and contribute to the quality of development in the area. (Ord. 99-5 § 2 Exh. A (part))

The decision maker may impose conditions or exactions, or both, to a lot line adjustment in order to conform each parcel resulting from the reconfiguration to local zoning and building ordinances and to facilitate the relocation of existing utilities, infrastructure and easements. (Ord. 99-5 § 2 Exh. A (part))

The merger of two or more contiguous lots in common ownership may be authorized, subject to the following requirements: A. Voluntary Request. The request must be made by the property owner. B. Permit Required. The Zoning Administrator shall issue a merger permit without notice and hearing under Chapter 17.42 if findings are made that the merger meet the standards set forth in Section 17.20.4. C. Notice and Hearing. Notice and a hearing by the Zoning Administrator under Chapter 17.42 shall be provided if the proposed merger will create a lot exceeding one hundred fifty (150) percent of the size of the largest original lot being merged or if there is any other unusual factor in the proposal which, in the discretion of the Zoning Administrator, merits notice and a hearing. D. Recordation. A merger which is approved under this section shall be set forth in a deed which is recorded with the Contra Costa County Recorder's office no more than sixty (60) days after approval. A copy showing evidence of recordation shall be provided to the Zoning Administrator. (Ord. 02-03 § 22 (part))