§ 19.36

The purpose of this chapter is to provide a simplified procedure for the adjustment of property boundaries, or the consolidation, of legally existing adjacent lots or parcels where the land taken from one adjacent parcel is added to another adjacent parcel and where no additional lots or parcels will result. An adjustment plat shall not be used for the consolidation and re-division of lots or parcels.

Notwithstanding any other provisions of this Title to the contrary, the procedure set forth in this chapter shall govern the processing of and requirements for adjustment plats. An adjustment plat may be filed in accord with the provisions of this chapter to adjust the boundaries between two or more legally existing adjacent parcels, provided the City Engineer determines that the boundary adjustment does not:

(a)

Create any additional lots.

(b)

Include a lot or parcel created illegally unless a Certificate of Compliance pursuant to Chapter 19.48 of this Code has been approved and recorded for such lot or parcel.

(c)

Impair any existing access or create a need for a new access to any adjacent lot or parcel.

(d)

Impair any existing easement or create need for a new easement.

(e)

Violate the provisions of this Code.

(f)

Alter the City limit boundary.

(g)

Require substantial alterations of existing public improvements or create a need for new public improvement.

(h)

Adjust the boundaries between lots or parcels which are subject to an agreement for public improvements unless the City Engineer finds that the proposed adjustment plat will not materially affect such agreement or the security therefore.

An application for approval of an adjustment plat shall be filed with the City Engineer accompanied by such information as the City Engineer may require and by a fee established by City Council resolution. That application shall also be accompanied by an adjustment plat of a size and form prescribed by the City Engineer which shall bear the signature of the owners of the property involved and by a title report for the property. The City Engineer may refer copies of such plat to other public agencies for review and comment.

After an application for approval of an adjustment plat has been filed in accordance with this chapter, the City Engineer may approve, conditionally approve or disapprove such plat. The applicant shall be notified in writing of the City Engineer's action.

A revised adjustment plat shall be submitted for approval when the City Engineer finds that the number or nature of any changes necessary for approval are such that they cannot be shown clearly or simply on the original adjustment plat. When required, the failure to file a revised adjustment plat within six months from the date of the conditional approval of the original plat shall terminate all proceedings.

The City Engineer may impose conditions or extractions on the approval of an adjustment plat to the extent that the conditions or extractions are necessary to ensure compliance with the applicable provisions of the City's building and zoning laws, or to facilitate the relocation of existing utilities, infrastructures, or easements. The City Engineer shall not impose conditions or extractions on approval of a lot line adjustment except to conform to the building and zoning requirements contained in Titles 17 and 20, respectively, of this Code, or except to facilitate the relocations of existing utilities infrastructure, or easements. The conditions imposed by the City Engineer shall be satisfied prior to the recordation of the adjustment plat or such other document authorized by law to effectuate the lot line adjustment.

(a)

If the City Engineer determines that the adjustment plat meets all the requirements of this Code and that all conditions imposed have been satisfied, he shall certify on the adjustment plat that it has been approved pursuant to this chapter, notify the Director of Developmental Services, file it in the Engineering Department and cause to be filed with the County Recorder, a Certificate of Compliance, having as an attachment a copy of the approved adjustment plat.

(b)

As an alternative to the procedures established by Subsection (a) of this Section, a lot line adjustment may be effectuated by the recordation of the deed or record of survey; provided, however, that such deed or record of survey shall not be recorded unless it contains a certification by the City Engineer that all the requirements of this chapter and any condition imposed pursuant to this chapter have been satisfied and further provided that a copy of the adjustment plat shall be attached to the deed or record of survey.

(c)

The City Engineer shall require the filing of a record of survey for any lot line adjustment for any property which was not created by a recorded subdivision map, for which the City Engineer requires the setting of monuments, or for which a recorded survey is required by Section 8762 of the Business and Professions Code.

Any interested person may appeal any action of the City Engineer pursuant to this chapter to the City Council as provided in Section 19.24.140 of this Title.

CHAPTER 19.40 - REVERSIONS TO ACREAGE