Sunnyvale Municipal Code Ch. 18.24 Lot Line Adjustments

(a) Any person who desires to effectuate a lot line adjustment shall file an application therefor with the director of public works and pay any applicable application fee.

(b) The application shall be accompanied by five copies of a preliminary map. The scale of such preliminary map shall be one inch equals one hundred feet or larger. The map shall contain the following information:

(1) The existing lot lines of the affected parcels;

(2) The lot lines which the applicant proposes to establish by the lot line adjustment;

(3) The existing lot area of each of the affected parcels;

(4) The lot area of the parcels which would be created as a result of the proposed lot line adjustment;

(5) An outline of all buildings and structures on the affected parcels;

(6) The distance between such buildings and structures from the existing lot lines of the existing parcels, and the distances of such buildings and structures from the lot lines which would result from the proposed adjustment;

(7) The location of driveways and parking spaces on each of the affected parcels;

(8) The location and character of utility lines and easements for utilities on all affected parcels;

(9) The locations of all other easements on the affected parcels by which the occupant or owner of any such parcel or parcels has the right to use any other such parcel or parcels;

(10) One foot contours or one-half foot contours of all the affected parcels, with bench marks to be on city of Sunnyvale datum.

(c) The application shall also include the following:

(1) A copy of evidence of a recorded final map, parcel map or a record of survey of the existing parcels in conformance with Section 66448 of the Government Code, or a certificate of compliance issued pursuant to this title;

(2) The names and addresses of the owners of record of all affected parcels, the applicant, and the engineer or surveyor;

(3) A current preliminary title report as to all affected parcels;

(4) A description of the affected parcels in conformance with the requirements of subsections (c) and (d) of Section 18.20.140.

(5) A certificate, signed and acknowledged (corporate seal where required) by all parties having record title interest in the affected parcels, in conformance with the requirements of Section 18.20.190.

(Ord. 2194-86 § 1)

(a) Not later than fifteen calendar days from the filing of the application the director of public works shall give the applicant written notice as to whether the application is complete. If any of the information required by Section 18.24.010 has not been submitted, the director of public works shall notify the applicant that the application is incomplete and shall specify in which respects such application is incomplete. If the director of public works fails to give such notice to the applicant within such fifteen day period, the application shall be deemed complete at the conclusion thereof.

(b) Not more than five days after the application has been found to be complete or has been deemed complete, the director of public works shall mail a notice, with postage prepaid, to the owners of all property within three hundred feet of the property under consideration, giving a general explanation of the matter being considered and a general explanation, in text or by diagram, of the location of the real property to be affected by the lot line adjustment, the present location of the lot line, and the location to which it is proposed that the lot line be relocated. The notice shall state that the owner of such property has the right to request, in writing, that the director of public works conduct a public hearing on the lot line adjustment by filing such request within ten days of the notice, and that if no such request is received within that time, the application may be approved without further notice or hearing. If no such request is received within said time period the director of public works shall take action on the application pursuant to subsection (c) without conducting a public hearing. If such a request is timely received; the director of public works shall conduct a public hearing on the application, and notice of such public hearing shall be given in the same manner as required for notice of public hearings on tentative maps pursuant to Section 18.20.070(b) and (c).

(c) Not later than fifty calendar days after the filing of such application, if the application has been found complete or is deemed to be complete the director of public works shall approve, conditionally approve, or deny the application. The director of public works shall approve the application if he determines that the parcels resulting from the adjustment will conform to and will not result in any condition or violation of Chapter 16.16 of this code (Building Code), including the most recently adopted edition of the Uniform Building Code, or in violation of the zoning ordinance, or in violation of this title. The director of public works may conditionally approve such application by imposing conditions which would result in conformity to said Building Code or zoning ordinance, or to this title, or which would facilitate the relocation of existing utilities, infrastructure, or easements. If the director of public works determines that the parcels resulting from the adjustment will not conform to or will result in one or more violations of said Building Code, the zoning ordinance, or this title, and that any of said violations cannot reasonably be eliminated by conditional approval of the application, he shall deny the application and shall give written notice thereof to the applicant. If the director of public works fails to take action on said application within said fifty day period the application shall be deemed approved.

(d) The decision of the director of public works on an application for a lot line adjustment shall be final and conclusive.

(e) No lot line adjustment shall become effective for any purpose unless and until a deed and record of survey shall have been recorded by the county recorder.

(f) In lieu of utilizing the procedure established in this chapter, the applicant may apply for a parcel map or tentative map pursuant to this title.

(Ord. 2194-86 § 1)