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Chapter 18.86 - Lot Line Adjustments

Sections:

18.86.010 - Purpose of Chapter
18.86.020 - Applicability
18.86.030 - Adjustment Application and Processing
18.86.040 - Lot Line Adjustment Standards
18.86.050 - Approval or Denial of Adjustment
18.86.060 - Conditions of Approval
18.86.070 - Completion of Adjustment

18.86.010 - Purpose of Chapter

This Chapter provides procedures for the preparation, filing, review, and approval or denial of applications for Lot Line Adjustment, in compliance with Government Code Section 66412(d).

18.86.020 - Applicability

The Lot Line Adjustment procedure shall be used only for the purpose of relocating lot lines between two or more adjoining parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. A Lot Line Adjustment may result in fewer parcels than originally existed. A Lot Line Adjustment shall be processed in compliance with this Chapter. For the purposes of this Chapter, an "adjacent parcel" is one that directly touches at least one of the other parcels involved in the adjustment.

18.86.030 - Adjustment Application and Processing

A Lot Line Adjustment application shall be prepared, filed and processed in compliance with this Section.

A. Application content. A Lot Line Adjustment application shall include all information and other materials prepared as required by the Lot Line Adjustment Preparation and Contents instruction list, provided by the Department.

B. Processing. Lot Line Adjustment applications shall be submitted to the Director and shall be processed according to the procedures specified by Chapter 18.70 (Applications, Processing and Fees). An environmental assessment in compliance with Section 18.70.060 (Initial Application Review/Environmental Assessment) may not be required, in compliance with Section 15305 of the CEQA Guidelines.

18.86.040 - Lot Line Adjustment Standards

The parcels proposed in a Lot Line Adjustment shall be designed to conform with all applicable standards of Articles II (Zoning Districts and Allowable Land Uses) and III (Site Planning and General Development Standards); except that an adjustment involving existing nonconforming parcels and/or parcels with existing nonconforming development may be approved provided that:

A. The adjustment will not have the effect of creating a greater number of nonconforming parcels than exist before adjustment and will not cause a parcel that was nonconforming before the adjustment to become more nonconforming as a result of the adjustment, except where the review authority determines that the adjustment will substantially improve the conditions of the pre-adjustment parcel and development;

B. Any existing conforming development on a parcel will not become nonconforming as a result of the adjustment; and

C. Where existing development was nonconforming before the adjustment, the adjustment itself will not increase the nonconformity, except where the review authority determines that the adjustment will substantially improve the conditions of the pre-adjustment parcel and development.

18.86.050 - Approval or Denial of Adjustment

A. Public hearing. The Zoning Administrator shall conduct a public hearing in compliance with Chapter 18.180 (Public Hearings) prior to the approval of a Lot Line Adjustment involving 10 or more parcels. A public hearing shall not be required for a Lot Line Adjustment involving less than 10 parcels.

B. Findings and decision. Following a required public hearing, and when no hearing is required, the Zoning Administrator or Director, as applicable, may approve a Lot Line Adjustment, with or without conditions, only if all of the following findings can be made:

1. The Lot Line Adjustment does not create a greater number of parcels than originally existed;

2. The parcels resulting from the Lot Line Adjustment and development on those parcels conform to all applicable requirements of this Chapter, this Development Code, and Title 15 (Building and Construction) of the Municipal Code;

3. Existing utilities, infrastructure, and easements, including but not limited to streets, driveways, sewer mains, water mains, and electrical lines, will not be adversely affected by the Lot Line Adjustment, or if utilities, infrastructure, or easements will be adversely affected, conditions have been applied to the approval of the Lot Line Adjustment to facilitate their relocation.

18.86.060 - Conditions of Approval

In approving a Lot Line Adjustment, the Zoning Administrator or Director as applicable may impose specific development conditions as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 18.86.050.B (Findings and Decision).

18.86.070 - Completion of Adjustment

Within 24 months after approval of a Lot Line Adjustment, the adjustment process shall be completed as set forth in this Section through the recordation of a deed, after all conditions of approval have been satisfied.

A. Completion by deed.

1. A Lot Line Adjustment shall not be considered legally completed until either a grant deed or a quit claim deed signed by the record owners has been recorded in compliance with this Section.

2. The applicant shall submit deeds and a plat map to the Town Engineer for review, approval, and signature in compliance with Subsection C., below, before recordation of the grant deed or quit claim deed.

3. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in California.

B. Completion by record of survey. If the Town Engineer determines that a record of survey is required by Section 8762 et seq. of the Business and Professions Code, a Lot Line Adjustment shall not be considered legally completed until a record of survey has been checked by the Town Surveyor and sent to the County Surveyor for approval and to the County Recorder for recordation.

C. Review and approval by Town Engineer. The Town Engineer shall:

1. Examine the deeds to ensure that all record title owners have consented to the adjustment;

2. Examine the deeds to ensure that any deeds of trust or similar encumbrances will be modified to reflect the new parcel descriptions;

3. Verify that all conditions of approval have been satisfactorily completed and that the deeds and plat map are in substantial compliance with the Lot Line Adjustment as approved by the review authority;

4. If satisfied that the deeds and plat map comply with the above requirements, place an endorsed approval upon the plat map; and

5. After approval of the legal descriptions and plat map, assemble the deeds and return them to the applicant for recordation.

D. Expiration. The approval of a Lot Line Adjustment, including a Lot Line Adjustment that was approved before the effective date of this Development Code, shall expire and become void if the adjustment has not been completed in compliance with this Section within 24 months of approval.