Sec. 21-93. - Findings required for approval of a lot line

(a)

A lot line adjustment application shall only be approved provided the following findings are made:

(1)

The lot line adjustment is in conformity with the county general plan and purposes and policies of Chapter 35 of this code, the zoning ordinance of the county.

(2)

No parcel involved in the lot line adjustment that conforms to the minimum parcel size of the zone district in which it is located shall become nonconforming as to parcel size as a result of the lot line adjustment.

(3)

Except as provided herein, all parcels resulting from the lot line adjustment shall meet the minimum parcel size requirement of the zone district in which the parcel is located. A lot line adjustment may be approved that results in nonconforming (as to size) parcels provided that it complies with subsection A or B listed below:

(A)

The lot line adjustment satisfies all of the following requirements:

(i)

Four or fewer existing parcels are involved in the adjustment; and

(ii)

The lot line adjustment shall not result in increased subdivision potential for any affected parcel; and

(iii)

The lot line adjustment shall not result in a greater number of residential developable parcels than existed prior to the adjustment. For the purposes of this subsection only, a parcel shall not be deemed residentially developable if the documents reflecting its approval and/or creation identify that: 1) the parcel is not a building site, or 2) the parcel is designated for a nonresidential purpose including, but not limited to, well sites, reservoirs and roads. A parcel shall be deemed residentially developable for the purposes of this subsection if it has an existing single family dwelling constructed pursuant to a valid county permit. Otherwise, to be deemed a residentially developable parcel for the purposes of this subsection only, existing and proposed parcels shall satisfy all of the following criteria as set forth in the county comprehensive plan and zoning and building ordinances:

a.

Water Supply. The parcel shall have adequate water resources to serve the estimated interior and exterior needs for residential development as follows: 1) a letter of service from the appropriate district or company shall document that adequate water service is available to the parcel and that such service is in compliance with the company's domestic water supply permit; or 2) a county approved onsite or offsite well or shared

water system serving the parcel that meets the applicable water well requirements of the county environmental health services.

b.

Sewage Disposal. The parcel is served by a public sewer system and a letter of available service can be obtained from the appropriate public sewer district. A parcel to be served by a private sewage disposal (septic) system shall meet all applicable county requirements for permitting and installation, including percolation tests, as determined by environmental health services.

c.

Access. The parcel is currently served by an existing private road meeting applicable fire agency roadway standards that connects to a public road or right-of-way easement, or can establish legal access to a public road or right-of-way easement meeting applicable fire agency roadway standards.

d.

Slope Stability. Development of the parcel including infrastructure avoids slopes of thirty percent and greater.

e.

Agriculture Viability. Development of the parcel shall not threaten or impair agricultural viability on productive agriculture lands within or adjacent to the property.

f.

Environmentally Sensitive Habitat. Development of the parcel avoids or minimizes impacts where appropriate to environmentally sensitive habitat and buffer areas, and riparian corridor and buffer areas.

g.

Hazards. Development of the parcel shall not result in a hazard to life and property. Potential hazards include, but are not limited to flood, geologic and fire.

h.

Consistency with the Comprehensive Plan and Zoning Ordinances. Development of the parcel is consistent with the setback, lot coverage and parking requirements of the zoning ordinance and consistent with the comprehensive plan and the public health, safety and welfare of the community.

To provide notification to existing and subsequent property owners when a finding is made that the parcel(s) is deemed not to be residentially developable, a statement of this finding shall be recorded concurrently with the deed of the parcel, pursuant to section 21-92 Procedures.

(B)

The parcels involved in the adjustment are within the boundaries of an official map for the Naples Townsite adopted by the county pursuant to Government Code Section 66499.50 et seq. and the subject of an

approved development agreement that sets forth the standards of approval to be applied to lot line adjustments of existing adjacent parcels within the boundaries of the Naples Townsite official map. This exception provision shall expire five years after its effective date (October 12, 2005) unless otherwise extended.

(4)

The lot line adjustment will not increase any violation of parcel width setback, lot coverage, parking or other similar requirement of the applicable zone district or make an existing violation more onerous.

(5)

The subject properties are in compliance with all laws, rules and regulations pertaining to zoning uses, setbacks and any other applicable provisions of this article or the lot line adjustment has been conditioned to require compliance with such rules and regulations and such zoning violation fees imposed pursuant to applicable law have been paid. This finding shall not be interpreted to impose new requirements on legal nonconforming uses and structures under the respective county ordinances: article II (section 35-161 and 35-162), article III (section 35-306 and 35-307), and article IV (section 35-476 and 35-477).

(6)

Conditions have been imposed to facilitate the relocation of existing utilities, infrastructure and easements.

(b)

A lot line adjustment proposed on agricultural zoned parcels which are under agricultural preserve contract pursuant to the county agricultural preserve program uniform rules shall only be approved provided the following findings are made:

(1)

The lot line adjustment shall comply with all the findings for lot line adjustments in section 21-93(a).

(2)

The new contract or contracts would enforceably restrict the adjusted boundaries of the parcel for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than ten years.

(3)

There is no net decrease in the amount of the acreage restricted. In cases where two parcels involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts.

(4)

At least ninety percent of the land under the former contract or contracts remains under the new contract or contracts.

(5)

After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use.

(6)

The lot line adjustment would not compromise the long-term agricultural productivity of the parcel or other agricultural lands subject to a contract or contracts.

(7)

The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use.

(8)

The lot line adjustment does not result in a greater number of developable parcels than existed prior to the adjustment, or an adjusted lot that is inconsistent with the comprehensive plan.

(Ord. No. 3619, § 1; Ord. No. 4405, § 4)