Article 15 — Lot Line Adjustments

The provisions of this article shall be the procedure for approving lot line adjustments between two (2) or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

(§ II, Ord. 87-2, eff. March 12, 1987)

Proponents of lot line adjustments shall file an application with the Planning Department accompanied by a preliminary title report showing record title interests.

(§ II, Ord. 87-2, eff. March 12, 1987)

A review will be made to assure that sufficient information is submitted or available to allow the processing of the application. The application will be circulated to the County Health Department, Department of Public Works, and other agencies possibly having input on the application. At the end of a fifteen (15) day administrative review period, agency comments will be compiled into an administrative approval, conditional approval, or denial. Such administrative action will be submitted to the proponents of the project. The proponents will have ten (10) days to request further staff review or appeal the decision to the Planning Commission. At the end of the ten (10) day period the decision, unless appealed, will become final.

(§ II, Ord. 87-2, eff. March 12, 1987)

(a)

If the affected parcels have been approved a,s building sites prior to the application for the lot line adjustment, a finding shall be made as to whether the parcels, after adjustment, are still considered

acceptable building sites. If the parcels, after adjustment, have not been approved as acceptable building sites, the finding shall be prominently placed on the recorded notice of the lot line adjustment.

(b)

Upon the approval of the final form of the document reflecting approval, the proponents shall ale deeds in a recordable form, together with the appropriate recording fees as will vest title in the separate parcels to the separate owners, with the Planning Department. The deeds shall be accompanied by an updated preliminary title report showing record title interests.

The Planning Department shall consecutively record the approval document and the deeds thereby completing the boundary line adjustment.

(c)

The County shall place other requirements for approval deemed necessary for the proper development of the area which are consistent with State law.

(§ II, Ord. 87-2, eff. March 12, 1987)

Any affected party may appeal the decision of the Planning Director or Planning Commission by filing an appeal with the Clerk of the Board of Planning Commission within ten (10) calendar days after the decision of the Planning Director or Planning Commission, accompanied by a fee set by the Board. The Planning Director shall transmit to the Board or Planning Commission all maps, records, papers, and files which constitute the record of the action on which the appeal was taken. The Board or Planning Commission shall hear the matter de novo and approve, disapprove, or modify the decision of the Planning Director or Planning Commission. The rules of evidence shall be those as provided in Section 11513 of the Government Code of the State. The decision of the Board shall be final.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § V, Ord. 97-21, eff. August 7, 1997)

Processing and appeal fees shall be set by ordinance of the Board.

(§ II, Ord. 87-2, eff. March 12, 1987, as amended by § V, Ord. 97-21, eff. August 7, 1997)

Any boundary line adjustment granted in accordance with the provisions of this chapter shall, without further action, become null and void if not completed within one year after the date of approval thereof, or any shorter period of time if so designated by the Planning Commission or Board.

(§ 1, Ord. 90-22, eff. August 9, 1990)

(a)

The proponent or the engineer may request an extension of the expiration date of the approved, or conditionally approved, boundary line adjustment by a written application to the Planning Department. The application should be filed not less than thirty (30) days before the approval is to expire and shall state the reasons for requesting the extension.

(b)

Planning Director's action. The Planning Director shall review the request and approve, conditionally approve, or deny the request within thirty (30) days of filing. A copy of the staff report shall be forwarded to the proponents. Any action adopted by the Planning Director approving, or conditionally approving, an extension shall specify the new expiration date of the boundary line adjustment.

(c)

Time limit of extension. The approved extension shall not exceed twelve (12) months. The approved new expiration date shall not extend more than twenty-four (24) months beyond the date of the resolution adopted by the Planning Director, Planning Commission or Board approving, or conditionally approving, the boundary line adjustment.

(d)

Conditions of approval. As a condition of the extension of a boundary line adjustment, the Planning Director may impose new conditions or revise existing conditions on the approved boundary line adjustment as are found necessary.

(e)

Appeals of conditions or extension. The proponent may appeal any action of the Planning Director or Planning Commission on the extension to the Board within ten (10) days of such action, respectively, in accordance with Section 10-4.1505 of this article, Appeals.

(§ I, Ord. 90-22, eff. August 9, 1990)