Chapter 16.74
LOT LINE ADJUSTMENT*
Sections:
16.74.030 Public hearing on application.
16.74.040 Planning commission approval.
16.74.050 Conditions of approval.
16.74.060 Preparation and recording of deeds after planning commission approval.
* Prior ordinance history: Ordinances 138 and 341.
16.74.010 Defined.
A “lot line adjustment” means and adjustment between two or more parcels, where the land taken from one parcel is added to an adjacent parcel, and a greater number of parcels than originally existed is not thereby created. (Ord. 602 (part), 1999).
16.74.020 Filing procedure.
Request for a lot line adjustment shall be submitted to the planning director on a form described by the planning commission. Upon receipt of an application, the planning director shall review the proposal for compliance with this chapter and present the proposal to the planning commission for consideration. Such application shall be accompanied by a filing fee in such amount as may be fixed from time to time by resolution of the city council. (Ord. 602 (part), 1999).
16.74.030 Public hearing on application.
A. Upon the filing of a completed application for a lot line adjustment, a public hearing shall be held within forty-five days after filing of the application, and notice thereof shall be given as provided in Section 66451.3 of the Subdivision Map Act. Any interested person may appear at such hearing and shall be heard.
B. After conclusion of the public hearing, the planning commission shall make a written finding of facts showing whether the qualifications set forth in this chapter apply. (Ord. 602 (part), 1999).
16.74.040 Planning commission approval.
A. Such lot line adjustment shall be subject to the approval of the planning commission after making the following findings:
1. The proposed adjustment will not adversely affect the use of property in the vicinity or conflict with covenants, restrictions or improvements required by a subdivision of which the subject parcels may be a part;
2. Parcels affected by the lot line adjustment will remain in such a size, shape and configuration as to be consistent with good land use practices;
3. The lot line adjustment does not violate the provisions of Land Surveyors, (Chapter 15, Division 3 of the California Business and Professions Code);
4. The proposed lot line adjustment will not conflict with easements acquired by the public at large for access through or use of the subject property, or necessary irrigation easements;
5. All parcels affected thereby after the adjustment shall comply with the requirements of the zone in which the parcel is located and applicable building regulations;
6. Except that where existing parcels or structures are nonconforming with respect to zone requirements, a lot line adjustment may be approved so long as the degree of nonconformance is not increased.
B. The planning commission shall consider the application and if the planning commission finds that the conditions set forth in this chapter apply, and that such lot line adjustment is in compliance therewith, the planning commission shall approve, conditionally approve or disapprove the application for lot line adjustment and shall report its actions to the applicant not later than ten days following its action. (Ord. 602 (part), 1999).
16.74.050 Conditions of approval.
The planning commission may require conditions so that the adjustment may satisfy the city general plan and its applicable city ordinances. A survey of the new parcels may be required if there is insufficient information, as determined by the public works director, to properly establish the existing property lines. (Ord. 602 (part), 1999).
16.74.060 Preparation and recording of deeds after planning commission approval.
After the planning commission has approved the adjustment, the applicant shall have new deeds prepared for the parcels and shall have them recorded, and shall submit photocopies of the recorded deeds to the city clerk within sixty days after the actions of approval by the planning commission. Failure to record shall void this process. (Ord. 602 (part), 1999).
16.74.070 Appeals.
Any person may, within fifteen days after the approval or denial of a lot line adjustment by the planning commission, appeal such action in writing to the city council. The city council shall consider the appeal upon notice to the appellant, the applicant and any interested party requesting notice, within fifteen days or at its next succeeding regular meeting unless the appellant and applicant both consent to a continuance. At the city council meeting at which the appeal is to be considered, the city council shall hear the testimony of the appellant, the applicant and any interested party requesting to be heard. The city council may, by resolution, sustain, modify, reject or overrule any action of the planning commission with respect to the lot line adjustment. The action of the city council with respect to the lot line adjustment application shall be final. (Ord. 602 (part), 1999).