Tiburon Municipal Code Art. 5 Lot Line Adjustments

The purpose of this article is to establish the procedures and standards for changing the boundary or boundaries between four or fewer existing adjoining parcels as provided in the Subdivision Map Act to ensure that such adjustments are consistent with the general Plan and applicable zoning and building requirements. The map shall be drawn in accordance with the requirements established by the town engineer.

(Ord. No. 573 N.S., § 3, 6-7-2017)

An application for a lot line adjustment shall be made to the director of community development and shall be accompanied by the required filing fee and an application form for lot line adjustment containing all required materials as set forth therein.

(a) Within thirty days of the receipt of the application, the director and the town engineer shall perform a completeness review and may require additional information as deemed necessary to determine whether the proposed adjustment is complete and meets the requirements of this article including, but not limited to, a record survey of the property involved if necessary to provide an adequate description of the property as required by California Business and Professions Code Section 8762.

(b) Within sixty days of the receipt of a complete application, the director, in consultation with the town engineer, shall approve, conditionally approve, or deny the application for a lot line adjustment if the application is exempt from environmental review. If the application requires environmental review, the director shall take action in compliance with the deadlines specified in the Permit Streamlining Act.

(c) The director may impose any conditions necessary to ensure that the proposed map will comply with all of the required findings of section 14-4.403. Any improvements that are required to be installed or constructed to comply with the criteria for approval shall be constructed pursuant to the requirements of this chapter.

(d) If the director determines that the proposed adjustment does not comply with all of the required findings of section 14-4.403, the director shall deny the adjustment and provide written notification to the applicant of the decision.

(Ord. No. 573 N.S., § 3, 6-7-2017)

A lot line adjustment may be approved or conditionally approved only if all of the following findings are made:

(a) The adjustment is between four or fewer parcels and no additional parcels are created.

(b) No street or alley dedication or improvement is necessary to adequately serve the properties affected by the proposed lot line adjustment.

(c) The lots proposed in the adjustment will comply with the provisions of this chapter, zoning regulations, the general plan, and the Subdivision Map Act.

(d) The resulting parcels will not interfere with existing utilities, infrastructure or easements.

(Ord. No. 573 N.S., § 3, 6-7-2017)

The director's decision on a lot line adjustment may be appealed to the planning commission in accordance with the appeal procedures in article 6 of chapter 16. The decision of the planning commission shall be final.

(Ord. No. 573 N.S., § 3, 6-7-2017)

Following the expiration of the appeal period pursuant to section 14-4.404, or the planning commission's final decision if appealed and approved, the applicant for a lot line adjustment approved pursuant to this article shall have one year to record with the Marin County Recorder the appropriate instrument to implement and finalize the lot line adjustment, unless a shorter time period is specified in the approval. A copy of the recorded instrument shall be provided to the director upon recordation.

(Ord. No. 573 N.S., § 3, 6-7-2017)