Chapter 16.104

VOLUNTARY MERGERS

Sections:

• 16.104.010 Purpose.

• 16.104.020 Requirements for Application. 16.104.030 Review Procedures. 16.104.040 Development Requirements.

It is the purpose of this Chapter is to provide for the owner-initiated merger of contiguous parcels under common ownership without reversion to acreage, pursuant to Section 66499.20 of the Government Code. (Ord. 606, 1999)

A. Applications for voluntary mergers may be initiated by the property owner(s) or the authorized agent of the owner of record. The application must include all documents and information required by the City. Applications are filed with the Planning Department.

B. A fee, as specified by resolution of the City Council is required with the application.

C. Before application, the applicant should request a preapplication conference with the Planning Department. (Ord. 606, 1999)

Voluntary Mergers for which a hearing is required shall be reviewed by the Planning Commission. Voluntary mergers for which a hearing is not required shall be reviewed by the Planning Director. A voluntary merger may be approved if it is found that all of the properties involved in the merger are in common ownership. (Ord. 606, 1999; Ord.798 §1, 2012)

Mergers approved under the provisions of this Chapter are subject only to those conditions that ensure the proposal meets minimum area and width requirements of the regulating district. All mergers shall be recorded with an instrument evidencing the merger. (Ord. 606, 1999)

383

Ripon (10-12)

16.108.010

Chapter 16.108

LOT LINE ADJUSTMENTS

Sections:

• 16.108.010 Purpose. 16.108.020 Requirements for Application.

• 16.108.030 Review Procedures. 16.108.040 Development Requirements.

It is the purpose of this Chapter to provide a method of reviewing applications for Lot Line Adjustments. (Ord. 606, 1999)

An application for a Lot Line Adjustment must include a site plan and may be accepted only if the following apply:

A. Number of Lots. The application approval will not result in more lots than currently exist.

B. Encroachment. Approval of the application will not result in an encroachment into, but not limited to, any public easement right-of-way, or required yard.

C. Frontage. Lots that have frontage on a City street or highway must continue to have frontage after the adjustment.

D. Zoning Minimum. All lots must conform to the zone district minimum of the parcel area before and after the adjustment, or at least not increase the number of existing, nonconforming lots.

E. Nonbuildable Lots. The Lot Line Adjustment cannot result in any new unbuildable lots.

F. Yards and Lot Widths. Adjusted lots must meet all minimum yard and lot width requirements, or at least not increase the degree of nonconformity; and

G. Other Requirements. The adjusted lots must meet building code requirements and all other requirements of the applicable zone district that subject properties are located are met.

H. Fee. A fee, as specified by resolution of the City Council, is required with the application.

Applications for Lot Line Adjustments must meet all of the above criteria. Applications not meeting all of the criteria must be processed as either a Major Subdivision or Minor Subdivision depending on the number of lots being adjusted. (Ord. 606, 1999; Ord. 758 §2 (part), 2007)

The Planning Director shall serve as the "advisory agency" within the meaning of Government Code Section 66474.7 to the City Council, by which the Planning Director shall be vested with final approval authority over Lot Line Adjustments between four or fewer existing adjoining parcels, where land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created. The Planning Commission shall have final approval authority over Lot Line Adjustments that are beyond the scope of the Planning Director's authority, subject to appeal to the City Council. The review procedure for a Lot Line Adjustment application shall be the Staff Review Procedure as specified in Section 16.08.020.

Review by the Planning Director, Planning Commission, or the City Council, as the case may be, shall be limited to the findings set forth in Section 66412 of the California Government Code. (Ord. 606, 1999, Ord. 758 §2 (part), 2007; Ord. 799 §1, 2012)

Lot Line Adjustments approved under the provisions of this Chapter shall be reviewed only for conformity with zoning and building regulations of the City. Only those conditions or exactions that are necessary to conform to the zoning and building regulations, or to facilitate the relocation of existing utilities, infrastructure or easements may be imposed by the Planning Commission.

Approved Lot Line Adjustments may, in the sole discretion of the City Engineer, and at the applicant’s expense require the preparation and recording of a Record of Survey. (Ord. 606, 1999; Ord. 758 §2 (part), 2007)

384

Ripon (10-12)

16.110.010