Chapter 19.76
LOT LINE ADJUSTMENTS
Sections:
19.76.020 Procedures for Lot Line Adjustments.
19.76.010 Purpose and Intent.
This chapter is intended to allow for lot line adjustments. A lot line adjustment for purposes of this chapter is a minor boundary adjustment involving four or fewer adjacent lots or parcels where the land taken from one parcel is added to an adjacent parcel with the original number of parcels remaining unchanged after the adjustment. (Ord. 2009-30 § 1 (Exh. 1 § 9 (part)), 2009)
19.76.020 Procedures for Lot Line Adjustments.
A. Application. An application for a lot line adjustment shall be filed in accordance with the requirements contained in Title 20 of this Code relating to the filing of an application. The owners of the fee interest of all parcels involved shall sign the application form.
B. Required Plans and Materials. In addition to the other application materials required by Title 20 of this Code, an application for a lot line adjustment shall be accompanied by an exhibit showing the line or lines to be adjusted, the property lines of the adjoining parcels, and structures adjacent to the line or lines to be adjusted.
C. Community Development Department Review. An application for a lot line adjustment shall be initially reviewed by the Community Development Department in accordance with Title 20 of this Code.
D. Zoning Administrator. Application for lot line adjustments shall be approved, conditionally approved, or denied by the Zoning Administrator unless referred to the Planning Commission pursuant to this section.
E. Street Frontage Orientation. An application filed for a lot line adjustment that proposes a change in the street frontage and/or orientation of any lot shall require the concurrent filing of a zone change application to establish appropriate street side setbacks deemed to be compatible with those of adjacent properties, and shall be subject to notice and public hearing by the Planning Commission and the City Council. In approving or conditionally approving such lot line adjustment application and zone change, the Planning Commission and City Council shall make required findings as set forth below.
F. Referral to Planning Commission. The Zoning Administrator may determine that an application should properly be heard by the Planning Commission and may refer the matter to the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions applicable to lot line adjustments and the Zoning Administrator as set forth in Section 19.12.050.
G. Public Hearings. Lot line adjustments shall require a public hearing. Procedures for noticing and conduct of hearings shall be in accordance with Title 20 of this Code.
H. Investigation. The Zoning Administrator shall cause to be made such investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each application is consistent with the intent of this section and sound planning practices.
I. Required Findings. In approving, conditionally approving, or denying a lot line adjustment, the Zoning Administrator, Planning Commission and/or the City Council shall make the following findings:
1. Approval of the lot line adjustment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot line adjustment is consistent with the legislative intent of this title.
2. The number of parcels resulting from the lot line adjustment remains the same as before the lot line adjustment.
3. The lot line adjustment is consistent with applicable zoning regulations except that nothing herein shall prohibit the approval of a lot line adjustment as long as none of the resultant parcels is more nonconforming as to lot width, depth and area than the parcels that existed prior to the lot line adjustment.
4. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a result of the lot line adjustment.
5. That the final configuration of the parcels involved will not result in the loss of direct vehicular access from an adjacent alley for any of the parcels that are included in the lot line adjustment.
6. That the final configuration of a reoriented lot does not result in any reduction of the street side setbacks as currently exist adjacent to a front yard of any adjacent key, unless such reduction is accomplished through a zone change to establish appropriate street side setbacks for the reoriented lot. The Planning Commission and City Council in approving the zone change application shall determine that the street side setbacks are appropriate, and are consistent and compatible with the surrounding pattern of development and existing adjacent setbacks.
J. Conditions of Approval. The Zoning Administrator, Planning Commission, and/or the City Council may condition a lot line adjustment to account for the impacts including, among other things, public improvements as well as the payment of drainage and other fees required for subdivisions by this title.
K. Rendering of Decision. After the conclusion of the hearing on any application for a lot line adjustment, the Zoning Administrator, Planning Commission and/or the City Council shall render a decision within ten (10) days unless otherwise stipulated by the applicant and the Zoning Administrator, Planning Commission and/or the City Council.
L. Effective Date, Appeals, and Calls for Review. Decisions on lot line adjustments shall not become effective for ten (10) days after being granted. Appeals or calls for review shall be made in accordance with the provisions for appeal or call for review of tentative parcel maps, as set forth in Section 19.12.060. Upon the filing of an appeal or call for review, the original decision shall be stayed and the matter shall be set for public hearing. The lot line adjustment shall only become effective when the lot line adjustment instrument specifying the owners of the fee interest and particularly describing the real property is approved by the City in writing and the instrument is filed for recordation with the County Recorder.
M. Instrument Filed for Record Upon Lot Merger Approval. Upon approval of a lot merger, the applicant shall file a document, approved by the City in writing, specifying the names of the record owners of the fee interest and particularly describing the real property with a site map for recordation with the County Recorder.
N. Expiration and Amendments. Expiration of and amendments to lot line adjustment approvals shall be in accordance with Sections 20.93.050 and 20.93.055. (Ord. 2015-9 § 44, 2015; Ord. 2013-11 §§ 205—208, 2013; Ord. 2009-30 § 1 (Exh. 1 § 9 (part)), 2009)