Chapter 17.30
LOT LINE ADJUSTMENT
Sections:
17.30.070 Conditions of approval.
17.30.010 Purpose.
The purpose of this chapter is to provide a simplified procedure for the minor adjustment between two or more existing adjacent lots, where the land taken from one lot is added to an adjacent lot and where a greater number of lots than originally existed is not thereby created. (Ord. 524 Sec. 4 (part), 1984)
17.30.020 Applicability.
Notwithstanding any other provisions of this title to the contrary, the procedure set forth in this chapter shall govern the processing of and requirements for a lot line adjustment. A lot line adjustment may be filed in accord with the provisions of this chapter to adjust the boundaries between two adjacent lots, provided the city engineer determines that the adjustment meets the following:
(1) No additional lots are created;
(2) The lots being adjusted were legally created or a certificate of compliance has been approved and recorded for such lot or parcel;
(3) All public right-of-way as required by the general plan circulation element has been dedicated or will be dedicated as part of the approval herein;
(4) Does not impair any existing access or create a need for a new access to any adjacent lot or parcel;
(5) Does not impair any existing easement or create a need for any new easement;
(6) Does not violate zoning requirements;
(7) Does not alter the city limit boundary;
(8) Does not require substantial alterations of existing public improvements or create a need for a new public improvement; (Ord. 681, 1993)
(9) Does not adjust the boundary between lots that are subject to an agreement for public improvements unless the city engineer finds that the proposed adjustment will not materially affect such agreements or the security thereof. The applicant shall be responsible for all costs incurred in the adjustment of agreements for construction of public facilities caused by approval of a lot line adjustment.
(10) Real property taxes are prepaid prior to the approval of the lot line adjustment. (Ord. 681, 1993; Ord. 524 Sec. 4 (part), 1984)
17.30.030 Exclusions.
All requests for lot line adjustment not meeting the above criteria shall be processed as tentative map, parcel map, or final map as further specified in this title. (Ord. 524 Sec. 4 (part), 1984)
17.30.040 Application.
An application for approval of a lot line adjustment shall be filed with the city engineer accompanied by such information as the city engineer may require. A fee as determined by city council resolution shall be required at the time of submittal of an application for a lot line adjustment. The application shall also be accompanied by a plat of a size and form prescribed by the city engineer which shall bear the signature of the owners of the property involved and by a title report for the property. The city engineer shall refer the application to the city planning department for zone compliance and may refer copies of such plat to other public agencies for review and comment. (Ord. 524 Sec. 4 (part), 1984)
17.30.050 Approval.
After an application for a lot line adjustment has been filed in accord with this chapter, the city engineer shall approve, conditionally approve, or disapprove such adjustment. The applicant shall be notified in writing of the city engineer’s action within forty days of receipt of application or the request shall be deemed approved. (Ord. 524 Sec. 4 (part), 1984)
17.30.060 Revisions.
A revised lot line adjustment shall be submitted for approval when the city engineer finds that the nature of any changes necessary for approval are such that they cannot be shown clearly or simply on the original lot line adjustment. When required, the failure to file a revised lot line adjustment within six months from the date of the conditional approval of the original adjustment shall terminate all proceedings. (Ord. 524 Sec. 4 (part). 1984)
17.30.070 Conditions of approval.
The city engineer may impose such conditions of approval to be satisfied prior to recordation of the lot line adjustment as he finds necessary to insure that the lot line adjustment involved will not adversely affect adjacent property or the city in general. (Ord. 524 Sec. 4 (part), 1984)
17.30.090 Certification.
If the city engineer determines that the lot line adjustment meets all the requirements of the municipal code and that any conditions imposed have been satisfied, he shall certify on the lot line adjustment recording form as provided by the city, that it has been approved pursuant to this chapter. This form shall be recorded in the engineering department and the city engineer shall cause it to be recorded with the county recorder, with the deed which facilitates the transfer of ownership. (Ord. 524 Sec. 4 (part), 1984)
17.30.100 Appeal.
Any affected property owner may appeal any action of the city engineer pursuant to this chapter to the city council. Each appeal to the council shall be in writing stating the grounds therefor and setting forth wherein the city engineer failed in rendering a decision conforming to the requirements of this chapter and accompanied by the appeal fee set forth by city council resolution. Upon the receipt of a written appeal, the city clerk, within a period not to exceed forty days following the receipt of such written appeal, shall forward such appeal to the city council for their decision. The council shall within forty days of receipt of the appeal, announce its findings and decision by resolution either granting, modifying or denying the appeal of the city engineer’s action. The council’s action shall be final. (Ord. 524 Sec. 4 (part), 1984)