Chapter 17.26 — LOT LINE ADJUSTMENT

A lot line adjustment is any division of land exempt from the requirements of the Subdivision Map Act of the California Government Code, in which no more parcels are created by the division than originally existed prior to the adjustment.

(Ord. 351-2000 §2(part), 2000).

Two or more existing adjacent parcels or lots of subdivided real property which have been created under the provisions of the Subdivision Map Act of the California Government Code or any prior law regulating the division of land, or a city ordinance enacted pursuant thereto, or which were not subject to those provisions at the time of their creation, may have their lot lines adjusted without an associated parcel map, under the authority of Section 66412(d) of the Subdivision Map Act of the California Government Code.

(Ord. 351-2000 §2(part), 2000).

An application shall be submitted in writing, on a form provided by the city that shall contain the following information:

A.

Evidence of title (i.e., grant deeds and title report) to all of the parcels of real property involved in the adjustment.

B.

Written consent of all the owners of interest(s) in all of the parcels of real property involved in the adjustment. The consent shall be notarized.

C.

An exhibit, drawn to a standard engineering scale, delineating the existing parcels boundaries and the location of any existing structures and easements; and delineating the boundaries of the parcel after the adjustment.

D.

A legal description of the parcels after the adjustment.

E.

Evidence of any variances, encroachment permits, or other evidence of entitlement to deviation from existing zoning law requirements.

F.

Evidence of legal and physical access to the parcels and evidence that access to adjoining lots and parcels will not be eliminated or restricted by the adjustment.

G.

Evidence that all property taxes are current for all of the affected parcels.

H.

After receipt of the application, applicant may be required to provide such other pertinent information as may be determined by the city administrator and/or the city engineer to be needed for the proper processing of the application. Such additional information may include, but is not limited to the following: topographic data, data relative to drainage conditions or flood hazards, relative location of public facilities and improvements, information relative to the potential environmental impact of the adjustment, record survey, etc.

(Ord. 351-2000 §2(part), 2000).

The real properties described in Section 17.26.030 of this code may only have lot lines adjusted when the city administrator finds that:

A.

The lots with the line(s) to be adjusted are, at the time of the adjustment, have all owners with an interest in the real property consenting to the adjustment, in writing;

B.

All the parcel(s) or lot(s) to be created by the adjustment meet or exceed the minimum dimensions and area as to size established by the zoning district in which said lots or parcels are located, or a variance thereto has been granted;

C.

No new lot or lots are created through the adjustment;

D.

All the lots or parcels to be created by the adjustment have legal and physical access, and access to adjoining lots or parcels will not be eliminated or restricted by the adjustment;

E.

All property taxes are current for all affected parcels. Any delinquent property taxes have been paid on all affected lots/parcels which are the subject of the adjustment; and

F.

It clearly appears from the record, as determined by the city administrator, that any easements of record affecting the lots or parcels to be adjusted, or for adjoining lots or parcels, will not be restricted or eliminated by the adjustment. Alternatively, where it appears from the record, as determined by the city administrator, that any such easement may be restricted or eliminated, a written, notarized, statement of noninterference has been received from the easement holder.

(Ord. 351-2000 §2(part), 2000).

Upon the granting of an adjustment by the city administrator, a notice of lot line adjustment shall be prepared by the city administrator. Applicant shall cause to be prepared a description thereon which is in conformance with the lot line adjustment. The applicant shall be responsible for the accuracy of the legal description appearing on such document. The notice of lot line adjustment shall specify the names of the record owner or owners and describe the real property. The notice of lot line adjustment shall be filed with the city clerk, who shall be responsible for recording the document with the county recorder of the county of Siskiyou.

(Ord. 351-2000 §2(part), 2000).

Failure by the applicant to conform to any of the procedures or time limits set forth herein may result in the voiding of the adjustment application.

(Ord. 351-2000 §2(part), 2000).

Applicant may be charged a reasonable fee, in an amount not to exceed the costs as determined by resolution of the city council, for processing the lot line adjustment application.

(Ord. 351-2000 §2(part), 2000).

Chapter 17.28 - PENALTY

Sections: