Chapter 17.52
LOT LINE ADJUSTMENTS (LLA)
Sections:
17.52.010 When procedures may be used—Types of adjustments.
17.52.020 Minor LLA defined—Use conditions.
17.52.030 Major LLA defined—Use conditions.
17.52.040 Processing procedures.
17.52.050 Application for adjustment—Contents.
17.52.060 Application for adjustment—Completion.
17.52.070 Environmental review determination.
17.52.080 Project review committee consideration.
17.52.090 Administrative hearing and determination.
17.52.100 Approval—Criteria for consideration.
17.52.110 Approval—Additional conditions added when.
17.52.120 Appeal from planning director decision.
17.52.130 Appeal from planning commission decision.
17.52.140 Final processing and recordation.
17.52.150 Expiration of approval—Extensions.
17.52.010 When procedures may be used—Types of adjustments.
A. This procedure shall be used when there is a property line adjustment between two 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 created. Adjustments to parcels shall be approved only when it can be demonstrated that the adjustment will not make one or more of the parcels involved unbuildable due to a lack of area.
B. For the purposes of this chapter, there are two kinds of lot line adjustment applications: minor and major. (Ord. 435-89 § 12.10, 1989)
17.52.020 Minor LLA defined—Use conditions.
A “minor LLA” is defined as an adjustment which effects an area of less than or equal to ten percent of the acreage of either parcel(s). Conditions imposed by the city shall relate only to the need to re-describe the size and shape of the adjusted parcels and the need for the resulting parcels to conform to local zoning and building ordinances or to facilitate relocation of existing utilities and easements. (Ord. 435-89 § 12.20, 1989)
17.52.030 Major LLA defined—Use conditions.
A “major LLA” is defined as an adjustment which effects an area of greater than ten percent of the acreage of either parcel(s). Conditions imposed by the city may be similar to conditions or requirements imposed for minor subdivisions, including access improvements, utilities extensions, stability and drainage requirements, creek and/or load setbacks, use of building envelopes, survey and mapping, and other conditions which are reasonably related to the impacts of the major LLA. (Ord. 435-89 § 12.30, 1989)
17.52.040 Processing procedures.
Lot line adjustments shall be processed in compliance with this chapter. (Ord. 435-89 § 12.40, 1989)
17.52.050 Application for adjustment—Contents.
A. Lot line adjustment applications shall be submitted to the planning department and shall consist of the following:
1. A completed application on forms provided by the planning department;
2. The appropriate fee, as determined by resolution of the city council;
3. Two copies of a preliminary title report for all properties whose boundaries would be altered by the proposed adjustment. Title reports shall name the current record owners and shall not be more than six months old;
4. Six copies of a lot line adjustment map, prepared by the applicant or the applicant’s agent, legibly drawn and accurately to scale on one sheet of reproducible paper or polyesterbase film eighteen by twenty-six inches in size.
B. A lot line adjustment map shall show all of the following information:
1. Lot lines, dimensions, and approximate areas of the original parcels and of the adjusted parcels;
2. Locations and dimensions of each existing structure, including outbuildings, proposed building sites, approximate distances between structures, and approximate distances between structures and boundary lines of both the original parcel boundaries and the adjusted parcel boundaries;
3. Names, locations and widths of all existing streets and roads on or bounding the original parcel and of all new access routes being proposed;
4. Scale of map (standard engineering scale), north arrow, and vicinity map;
5. The items below shall be shown on the map when they are within the proposed area of adjustment or they will be directly effected by the proposed adjustment:
a. Approximate slope of the land,
b. Locations and dimensions of all existing and proposed easements, utility lines, rights-of-way, and underground structures of any kind,
c. Location of existing and proposed domestic water supplies, and location of existing and proposed septic tanks and leachfields for all lots affected by the adjustment,
d. Approximate location of all watercourses, drainage channels, drainage structures and springs,
e. Approximate locations of all high water lines of lakes, reservoirs, streams and rivers;
6. Date of preparation of the map;
7. Assessor’s parcel numbers and book and page number from the official records for all existing deeds on all parcels affected by the adjustment;
8. Name, address and telephone number of the applicant, of the person who prepared the map, and of all parties having any record interest in the real property shown on the map;
9. A statement granting consent to the preparation and submitted of the map, with signatures of the applicant and of the record owners of all the parcels whose boundaries are affected by the adjustment. (Ord. 435-89 § 12.50, 1989)
17.52.060 Application for adjustment—Completion.
The application for the lot line adjustment shall be deemed complete when all of the information required by this chapter is received by the city planning department. The city planning department shall determine whether the application is complete within thirty days from the receipt of the application. If no written determination of the completeness of the application is made within that period, the application shall be deemed complete. (Ord. 435-89 § 12.60, 1989)
17.52.070 Environmental review determination.
The planning department shall, within ten days after deeming the application for lot line adjustment to be complete, determine if the project is exempt from the requirements of the California Environmental Quality Act. If the project is determined to be exempt, the application for lot line adjustment shall be deemed filed, and notification of such shall be made to the applicant by the planning department. (Ord. 435-89 § 12.70, 1989)
17.52.080 Project review committee consideration.
The planning department shall distribute the copies of the application to members of the project review committee. A ten-working-day review period shall be placed on each application to allow for the submittal of written comments from the city departments or other interested parties. (Ord. 435-89 § 12.80, 1989)
17.52.090 Administrative hearing and determination.
The planning director shall schedule the lot line adjustment application for an administrative hearing in which the applicant, or the applicant’s agent, and city departments and interested parties shall be afforded the opportunity to be present and provide evidence. The planning director may, with due cause, continue a hearing to another time and place; however, upon conclusion of any hearing, the planning director or his designee shall approve, approve with conditions, or deny the application. Written notice of the action and of the right to appeal shall be mailed to the applicant within three days after conclusion of the hearing. The decision of the planning director, or his designee, shall be considered binding unless the decision is appealed to the planning commission within fifteen days after the decision of the planning director. (Ord. 435-89 § 12.90, 1989)
17.52.100 Approval—Criteria for consideration.
A lot line adjustment application shall not be approved unless and until the planning director finds, based on substantial evidence in the record, that each lot whose boundaries are affected by the proposed adjustment:
A. Conforms to the Cloverdale Zoning Code;
B. Conforms to the Cloverdale Building Code; and
C. That the locations of all existing utilities, infrastructure and easements conform or will conform to the Cloverdale Municipal Code. (Ord. 435-89 § 12.100, 1989)
17.52.110 Approval—Additional conditions added when.
Conditions may be placed on the lot line adjustment by the planning director or his designee to ensure that the criteria, as described in Sections 17.52.020 and 17.52.030 will be complied with prior to recordation of the applicable documents which effectuate the lot line adjustment. The requirement of such conditions on the lot line adjustment must be shown as being necessary to ensure conformity to city zoning and building codes, and could include the submittal of appropriate security for the construction of any necessary improvements. (Ord. 435-89 § 12.110, 1989)
17.52.120 Appeal from planning director decision.
The approval, conditional approval or denial of a lot line adjustment application by the planning director or his designee may be appealed to the planning commission by an owner of any property whose boundaries are altered by the adjustment, or by any person who has submitted evidence into the hearing records. A written appeal shall be filed with the city within fifteen days after the decision to approve, conditionally approve or deny the lot line adjustment application. The appeal shall state the grounds for the appeal, and shall be accompanied by the appropriate fee. The city shall schedule the appeal for a public hearing within thirty days after the filing of the appeal. Within twenty days after the appeal hearing, the planning commission shall sustain, modify, or overrule the decision of the planning director. (Ord. 435-89 § 12.120, 1989)
17.52.130 Appeal from planning commission decision.
Any owner or property whose boundaries are altered by the lot line adjustment or those who submitted evidence into the hearing record may appeal the decision of the planning commission to the city council in compliance with the procedure contained in Section 17.52.120. (Ord. 435-89 § 12.130, 1989)
17.52.140 Final processing and recordation.
Within twelve months of an approval, conditional approval, or an appeal resulting in approval, the city public works director shall coordinate the recording of all applicable documents which are required to effectuate the lot line adjustment with the applicant, the applicant’s title officer or agent, providing the following criteria have been met:
A. The appeal period has expired or an appeal has resulted in approval by the planning commission and/or board of supervisors;
B. The planning director has certified in writing that any conditions placed on the approved lot line adjustment have been satisfied;
C. The applicant, or the applicant’s title company or agent, has submitted copies of the grant deed or deeds for the land proposed to be conveyed for the lot line adjustment, and the director of public works has determined that the grant deed or deeds are in substantial compliance with the approved lot line adjustment map, and that said grant deed or deeds contain the words, “FOR PURPOSES OF LOT LINE ADJUSTMENT”;
D. The applicant has submitted written verification to the department of planning that taxes, which are a lien and termed as payable, are paid to the county treasurer-tax collector department on all parcels affected by the adjustment. (Ord. 435-89 § 12.140, 1989)
17.52.150 Expiration of approval—Extensions.
An approval or conditional approval shall expire twelve months from the date of approval of the lot line adjustment application, unless a request for an extension has been filed. Upon written request by the surveyor or engineer filing the record of survey map, an extension of up to an additional ninety days may be granted by the director of public works if he determines that unavoidable delay has prevented the timely submittal of the record of survey map. (Ord. 435-89 § 12.150, 1989)