Chapter 16.35
LOT LINE ADJUSTMENTS
Sections:
16.35.020 Application procedure.
16.35.040 Planning Commission hearing.
16.35.050 Conditions of tentative approval.
16.35.070 Expiration and extensions.
16.35.010 Generally.
Pursuant to Section 66412(d) of the Subdivision Map Act, a lot line adjustment is between four or fewer existing parcels where the land taken from one parcel is added to the adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.
If there is more than one ownership involved, and your lot line adjustment is approved, along with a notice of lot line adjustment and certificate of subdivision compliance, you must record a deed or deeds for the area(s) to establish ownership or record for each of the resulting parcels. Depending on the situation you may also be required to prepare and file a record of survey.
Serious title consequences may result if any of the parcels to be adjusted are subject to prior record liens (i.e., deeds of trust, mortgages, money judgments, etc.) and title is subsequently acquired by the lien holder through foreclosure. Those consequences can be avoided by obtaining and recording reconveyances or releases of said liens. Your title company can assist you with these matters. [Ord. 277 § 2, 2011.]
16.35.020 Application procedure.
All lot line adjustment applications shall be submitted to the Planning Department on application forms supplied by the Department.
The following materials shall be submitted along with the completed and signed application:
(1) Two copies of the present owner of record’s vesting deeds, and a title report current within six months for each lot.
(2) Six copies of a lot line adjustment plot plan accurately drawn to scale on one sheet of paper at least eight and one-half inches by 11 inches in size that shows the following information for each lot to be adjusted:
(a) All exterior and interior lines shall be shown on the map and dimensioned based on information of record.
(b) Proposed new lines and lines to be eliminated shall be so identified in written notation or by legend. Lines to be eliminated shall be dashed or otherwise drawn so as to be clearly distinguishable from and subordinate to remaining and new lines.
(c) Areas (in square footage or acreage) of the initial and resulting parcels shall be identified.
(d) All existing structures, their uses, and other constructed improvements, located within 50 feet of the proposed new boundaries shall be accurately located and shown with dimensions from the property lines.
(e) The names and widths of abutting rights-of-way and their locations.
(f) The locations, purpose and width of all proposed and existing easements, streets and appurtenant utilities located within 100 feet of the proposed new boundaries.
(g) The approximate location of all watercourses, wet areas, drainage channels and existing drainage structures located within 100 feet of the proposed new boundaries.
(h) Slopes over 20 percent and the direction of surface water runoff.
(i) Location of wells and septic tanks and primary and reserve septic leach areas within 100 feet of proposed new boundaries.
(j) North arrow and scale.
(k) Vicinity map if the location cannot be determined from the plot plan.
(l) Assessed owner’s names, addresses, phone numbers and parcel numbers.
(3) A written statement from the applicant explaining the reason(s) for the proposed lot line adjustment. The purpose of this statement is to assist the applicant in ensuring that the lot line adjustment will accomplish his/her goal. The statement will have no effect on the review or approval of the lot line adjustment.
(4) A deposit as required by the City’s adopted fee schedule. Pursuant to the City’s resolution establishing fees and charges, applicants are responsible for all actual costs in processing the application.
(5) The Planning Department may distribute the application to the City Engineer, any affected public agencies and districts for review and comment. Agencies receiving project applications must submit any response to the Planning Department within 15 days of referral date established by the Planning Department. [Ord. 277 § 2, 2011.]
16.35.030 Approval criteria.
A lot line adjustment shall be approved or conditionally approved when there is compliance with all of the following approval criteria:
(1) The application is found to be complete; and
(2) Either (a) the parcels to be adjusted are found to be in compliance with the Subdivision Map Act and local subdivision regulations, or (b) a conditional certificate of subdivision compliance for the parcel or parcels has been issued for recordation prior to or concurrent with the lot line adjustment; and
(3) The proposed lot line adjustment neither causes nonconformance nor increases the severity of pre-existing nonconformities with the general plan, zoning and building ordinances. Providing compliance with this subsection, the approval shall not be conditioned on correction or pre-existing nonconformities with the general plan, zoning and building ordinances. [Ord. 277 § 2, 2011.]
16.35.040 Planning Commission hearing.
The Planning Department shall schedule the proposed lot line adjustment for review and approval at a public hearing before the Planning Commission. Notice shall be provided as required by State law. [Ord. 277 § 2, 2011.]
16.35.050 Conditions of tentative approval.
Tentative approval of lot line adjustments may only be conditioned upon the following:
(1) Conditions to conform to the general plan, zoning and building ordinances consistent with the provisions of RDMC 16.35.030.
(2) Conditions to facilitate the relocation of existing affected utilities, infrastructures or easements.
(3) A notice of lot line adjustment shall be recorded for the resulting parcels. The following information must be submitted to the Planning Department for review prior to recordation:
(a) A copy of the deeds to be recorded for the adjusted parcels; provided however, that when the parcels being adjusted are held in common ownership, no new deeds shall be required for the preparation of the notice of lot line adjustment.
(b) A lot book guarantee or preliminary title report current within six months or other evidence satisfactory to the Planning Department regarding ownership of parcels.
(c) Completed notice of lot line adjustment and certificate of subdivision compliance forms (these are available from the Planning Department).
(4) When the parcels being adjusted are not held in common ownership, copies of the executed deeds (signed but not recorded) must be submitted for review and approval to the Planning Department.
(5) Pursuant to Section 8762 of the Business and Professions Code, a record of survey monumenting the corners of the new property line(s) may be required. The City Engineer shall not require the record of survey if in his opinion any one of the following findings can be made:
(a) The new boundary line(s) are already adequately monumented of record.
(b) The new boundary line(s) can be accurately described from government subdivision sections or aliquot parts thereof.
(c) The new boundary line(s) can be accurately described and located from existing monuments of record.
(d) The new boundary is based upon physical features (i.e., roads, creeks, etc.) which themselves monument the line.
(6) The applicants shall provide documentation from the County of Humboldt Tax Collector that all property taxes for the parcels involved in the lot line adjustment have been paid in full if payable, or secured if not payable to the satisfaction of the County Tax Collector’s Office, and all special assessments on the parcels must be paid or reapportioned to the satisfaction of the affected assessment district. Please contact the Tax Collector’s Office approximately three to four weeks prior to submitting the required conditions of approval. [Ord. 277 § 2, 2011.]
16.35.060 Appeals.
Any person aggrieved by an action of the Planning Commission may take an appeal to the City Council within 10 days of said action. The notice of appeal filed with the Planning Department shall be accompanied by a fee set by resolution of the City Council sufficient to cover the cost of processing the application for appeal. Upon receipt of the notice of appeal, the Planning Department shall forthwith transmit to the City Council all the papers constituting the record upon which the action appealed from was taken. [Ord. 277 § 2, 2011.]
16.35.070 Expiration and extensions.
The instruments of record as approved by the Planning Department shall be recorded and the lot line adjustment shall be completed within 36 months of approval of the lot line adjustment.
Prior to expiration, the applicant or property owner may request extension of the filing deadline by submitting a written extension request and a filing fee as set by resolution of the City Council.
The Planning Director may grant a maximum of three years extension of the filing deadline if the Planning Director finds that the conditions under which the tentative approval was issued have not significantly changed. [Ord. 277 § 2, 2011.]
16.35.080 Minor deviations.
This section provides for situations where it is necessary to deviate from a plan in a minor way which is consistent with the purpose and intent of the lot line adjustment. The intent of this section is to provide for flexibility in the approval of lot line adjustments by permitting minor deviations to be administratively granted by the Director. It is not the intent of this section to permit deviations from approved lot line adjustments which violate the intent and purpose of the approval or any of its conditions. The Director may authorize a minor deviation from the approved lot line adjustment.
(1) Definition of Minor Deviation. A minor deviation from an approved lot line adjustment includes an increase or decrease of less than 10 percent of the gross area being adjusted.
(2) Decision Is Final. The Director’s decision shall be final and not appealable; provided, however, that the denial by the Director of a request for a minor deviation shall not prevent the applicant from applying for a new or modified lot line adjustment. [Ord. 277 § 2, 2011.]