Rolling Hills Municipal Code Ch. 16.44 Lot Line Adjustment

This chapter provides procedures for the preparation, filing, processing, and approval or denial of lot line adjustment applications, consistent with the policies of the general plan and the requirements of the Subdivision Map Act.

(Ord. 295 § 7 (Exh. A (part)), 2004).

A. The lot line adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this chapter, an "adjacent parcel" is one that directly touches at least one of the other parcels involved in the adjustment.

B. Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.

(Ord. 295 § 7 (Exh. A (part)), 2004).

A lot line adjustment application shall be prepared, filed and processed as provided by this section.

A. Application Content. A lot line adjustment application shall include all information and other materials required by the City Manager or designee and be accompanied by a filing fee set forth in the City's Resolution of fees schedule.

B. Processing. Lot line adjustment applications shall be submitted to the City Manager or designee and shall be processed in compliance with the procedures specified in Chapter 17.46 of this code.

C. Association Review. Lot line adjustment application shall be accompanied by proof that the Association reviewed the project for potential impacts to existing easements and trails.

(Ord. 295 § 7 (Exh. A (part)), 2004).

The Planning Commission shall determine whether the parcels resulting from the adjustment will conform to the applicable provisions of this title. The Planning Commission may approve, conditionally approve, or deny the lot line adjustment in compliance with this section. Decisions made by the Planning Commission may be appealed to the City Council in compliance with Chapter 17.46 of this code.

A. Required Findings. A proposed lot line adjustment shall be denied if the Planning Commission finds any of the following:

1. The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;

2. Any parcel resulting from the adjustment will conflict with any applicable regulations of the zoning ordinance; or

3. The adjustment will result in an increase in the number of nonconforming parcels.

B. Conditions of Approval. In approving a lot line adjustment, the Planning Commission shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this chapter, Title 17 (Zoning) and Title 15 (Building and Construction) of this code, or to facilitate the relocation of existing utilities, infrastructure, trails or easements.

(Ord. 295 § 7 (Exh. A (part)), 2004).

Within the time period specified in Section 17.46.080, expiration of approval of site plan review, the process shall be completed in compliance with this section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied.

A. Completion by Deed. A lot line adjustment shall not be effective or finally completed until a grant deed signed by the record owners has been recorded. The applicant shall submit deeds to the City Manager or designee for review and approval in compliance with subsection C of this section before recordation of the grant deed. A qualified registered civil engineer, or a licensed land surveyor licensed or registered in the State shall prepare the legal descriptions provided in the deeds.

B. Completion by Record of Survey. If required by Business and Professions Code Section 8762 et seq., a lot line adjustment shall not be effective or final until a record of survey has been checked by the City Manager or designee and recorded by the County Recorder.

C. Review and Approval by City Manager or Designee. The City Manager or designee shall:

1. Examine the deeds to ensure that all record title owners and lienholders have consented to the adjustment;

2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;

3. Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lienholder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;

4. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

5. After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.

D. Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed and recorded within the time period specified in Section 17.46.080, site plan review of this code.

(Ord. 295 § 7 (Exh. A (part)), 2004).