Rancho Palos Verdes Municipal Code Ch. 16.08 Lot Line Adjustments

The purpose of this chapter is to establish a clear and efficient process, consistent with applicable state law, including section 66412(d) of the Subdivision Map Act (Government Code § 66412(d)), as may be amended, whereby interested persons may apply to the city to request lot line adjustments among four or fewer adjoining lots.

(Code 1981, § 16.08.010; Ord. No. 612, § 2, 11-7-2018)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means an owner of an existing parcel.

Applicants means all the owners of the existing parcels.

Application means the application submitted by the applicants which meets the requirements of section 16.08.070 (Submittal requirements for application).

City engineer means the city engineer or their designee.

Director means the city's director of community development, or their designee.

Existing parcel means one of the parcels of real property involved with the application as it exists as of the date of the application.

Existing parcels means every existing parcel involved with the application.

Grant deed means the grant deed for the transfer portions to be recorded concurrently with the lot line adjustment.

Lot line adjustment means the adjustment of the legal lot line of one parcel to decrease the size of the parcel while concurrently increasing the size of another parcel and complies with the terms of this chapter.

Lot line adjustment map means the map and information as specified in Section 16.08.080 (Lot line adjustment map requirements).

Municipal code means this Code.

Official records means the county recorder's office.

Proposed parcel means one of the existing parcels as it would be comprised after the recordation of the lot line adjustment.

Proposed parcels means all the proposed parcels.

Title company means a title insurance company licensed in the state which shall issue the preliminary title report and serve as escrow.

Transfer portions means the portions of land which will be transferred between the existing parcels as a result of the lot line adjustment.

(Code 1981, § 16.08.020; Ord. No. 612, § 2, 11-7-2018)

Eligible applicants are all the owners of the existing parcels. An application submitted which does not meet the requirements of this chapter and is not executed by all owners of the existing parcels is not eligible for review and consideration. For actions on the application after submission to the city, an owner of an existing parcel may delegate authority to a co-owner of their existing parcel to act on their behalf under this chapter by designating same on the application or by executing and acknowledging a separate power of attorney in a form satisfactory to the director and city attorney.

(Code 1981, § 16.08.030; Ord. No. 612, § 2, 11-7-2018)

The following limitations and requirements shall apply to all lot line adjustments:

A. Only four or fewer existing parcels are involved;

B. No new or additional parcels will be created;

C. All existing parcels are immediately adjacent to each other;

D. Any land taken from an existing parcel will be added to an adjacent existing parcel;

E. The proposed parcels will comply with the general plan, specific plan, zoning, set back requirements, and other provisions of this Code; and

F. The lot line adjustment complies with the Subdivision Map Act, including all regulations and applicable case law.

(Code 1981, § 16.08.040; Ord. No. 612, § 2, 11-7-2018)

Approval of the lot line adjustment is discretionary with the director subject to section 16.08.120 (Appeals).

(Code 1981, § 16.08.050; Ord. No. 612, § 2, 11-7-2018)

Prior to submitting an application pursuant to this chapter, it is suggested that applicants submit a written request to the director for a meeting with staff to discuss the proposed lot line adjustment. The request shall:

(i) Generally describe the proposed lot line adjustment;

(ii) State the reasons for the requested lot line adjustment; and

(iii) Summarize how the requested lot line adjustment complies with all the requirements of this chapter.

Upon receipt of the request, the director shall set and conduct a meeting with the applicants to discuss the submission and any potential issues such as whether any permits or variances might be required for existing structures or if an environmental review might be applicable. No fee shall be required in connection with the pre-application meeting request. No person who does not qualify as an applicant pursuant to section 16.08.030 (Eligible applicants) shall be entitled to a meeting pursuant to this section, although qualified applicants may bring their professional consultants (surveyor, engineer, attorney, etc.) with them to the meeting.

(Code 1981, § 16.08.060; Ord. No. 612, § 2, 11-7-2018)

An application requesting a lot line adjustment shall be submitted to the director together with all of the following:

A. City's standard application form;

B. Applicable fees and trust deposits per city council adopted resolution;

C. Identification of all existing parcels;

D. For each existing parcel:

i. The names of all owners;

ii. Permanent residence street addresses for all owners;

iii. Telephone numbers for all owners; and

iv. Email addresses for all owners;

E. Documentation reflecting that the applicants are eligible pursuant to section 16.08.030 (Eligible applicants);

F. Execution of an agreement (which may be a provision in the application form, a condition of approval, or other acceptable document) releasing, defending, indemnifying, and holding harmless the city from all claims and liabilities which may relate to or arise from lot line adjustment;

G. Signatures of all owners of the existing parcels;

H. Lot line adjustment map;

I. Written certification that authorization is not required by any other party or entity with rights over the property, and that the adjustment does not violate any covenants, conditions, and restrictions on the property. A current full preliminary title report from the title company for each existing parcel;

J. New legal descriptions for each existing parcel;

K. Legal description for the transfer portions to be transferred between the existing parcels; and

L. Any other information deemed necessary by the director to administer this chapter.

(Code 1981, § 16.08.070; Ord. No. 612, § 2, 11-7-2018)

A lot line adjustment map shall be prepared and wet-stamped by a licensed surveyor or licensed civil engineer and contain all of the following information:

A. Lot line adjustment map number which has been obtained from the planning department at the time of submittal;

B. North point, date, and scale;

C. The record boundaries, lot area, and lot dimensions (width and depth) as defined in section 17.48.020 (Lot area and dimensions) of each existing parcel;

D. The boundaries, lot area, and lot dimensions (width and depth) as defined in section 17.48.020 (Lot area and dimensions) of each proposed parcel;

E. A number for each proposed parcel;

F. The names, locations, widths, and improvements (within the rights-of-way) of all adjoining highways, streets, or ways of the existing parcels;

G. The widths and approximate alignments of all easements, whether public or private, for access, drainage, sewage disposal, and public utilities which exist on the existing parcels;

H. The location of the nearest fire hydrants located within 500 feet of the existing parcels;

I. Actual street names adjacent to the existing parcels;

J. Topography, including extreme slopes (slopes greater than 35 percent) indicated by showing contours;

K. The location of existing structures (including street addresses) or improvements (including parking lots and driveways) on the existing parcels must be clearly and accurately drawn to scale and indicate the distance to the lot lines for the proposed parcels and showing the distance to the proposed new lot line and to the existing sewer laterals or system (this information may be shown on a separate attached sheet referenced on the map);

L. The approximate location and direction of flow of all defined watercourses;

M. A vicinity map for the existing parcels;

N. Zoning designation for the existing parcels; and

O. Calculation of the square footage of the existing parcels and the proposed parcels.

(Code 1981, § 16.08.080; Ord. No. 612, § 2, 11-7-2018)

Once the application has been deemed completed and acceptable for filing, the director shall review the lot line adjustment. The director's review shall be limited to a determination whether or not the following findings can be made:

A. All requirements of section 16.08.040 (General limitations regarding lot line adjustments) are satisfied;

B. The proposed parcels comply with the general plan, any applicable specific plan, any applicable coastal plan, and all applicable zoning regulations;

C. The proposed parcels comply with the minimum lot area, depth and width requirements of the zoning district;

D. The lot line adjustment will not intensify any nonconforming lot area or lot dimensions on the existing parcels, required in the applicable zoning district; and

E. The lot line adjustment will result in a generally continuous and straight property line extending the full length of the proposed parcels.

(Code 1981, § 16.08.090; Ord. No. 612, § 2, 11-7-2018)

The director shall notify the applicants and any interested person the decision of the lot line adjustment in writing pursuant to section 17.80.040 (Notice of decision by director).

(Code 1981, § 16.08.100; Ord. No. 612, § 2, 11-7-2018)

Notwithstanding section 16.08.120 (Appeals), the lot line adjustment approval shall expire and become void if the lot line adjustment has not been completed within 12 months of the date of the director's approval.

(Code 1981, § 16.08.110; Ord. No. 612, § 2, 11-7-2018)

Any interested person may appeal a decision of the director to the planning commission and a decision of the planning commission to the city council pursuant to chapter 17.80 (Hearing notice and appeal procedures). No lot line adjustment shall be effective and recorded until the appeal periods have been exhausted.

(Code 1981, § 16.08.120; Ord. No. 612, § 2, 11-7-2018)