CHAPTER 1
SUBDIVISIONS
ARTICLE 17.1. LOT LINE ADJUSTMENTS
SECTION:
§8296: Application And Processing
§8297: Approval Or Denial Of Adjustment
§8298: Completion Of Adjustment
§8294 PURPOSE
This chapter prescribes the procedures for the preparation, filing, processing, and approval or denial of lot line adjustments consistent with the policies of the General Plan, the requirements of this code, and the requirements of Government Code section 66412(d), part of the California Subdivision Map Act ("Map Act"). This chapter also prescribes the procedures for voluntary parcel mergers. (Ord. 1138, §2 (Exh. A), adopted 2012; Ord. 1237, §2 (Exh. A), adopted 2024)
§8295 APPLICABILITY
As provided by the Subdivision Map Act of the State of California set forth in the Government Code section 65000 et seq., the lot line adjustment procedure is for the purpose of relocating lot lines between four (4) or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not created. For the purpose of this chapter, "adjoining" means touching. (Ord. 1138, §2 (Exh. A), adopted 2012; Ord. 1237, §2 (Exh. A), adopted 2024)
§8296 APPLICATION AND PROCESSING
A lot line adjustment application shall be prepared, filed, and processed as prescribed by this section.
A. Application Submittal And Contents: A lot line adjustment application shall include a completed application form and all information and other materials required by the Public Works Department and shall be filed with the Community Development Department.
B. Application Fees: Application fees shall be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. An applicant must pay the fee when the application is submitted.
C. Application Review: City staff shall review the application for completeness and accuracy. The application may be referred to any City department or any public agency that may be affected or have an interest in the proposed lot line adjustment.
D. Environmental Review: A lot line adjustment is considered a ministerial project and for that reason is not subject to environmental review under the California Environmental Quality Act ("CEQA"). See Public Resources Code section 21080, subdivisions (a), (b)(1) and Sierra Club v. Napa County Bd. of Supervisors (Cal. App. 1st Dist. 2012) 205 Cal. App. 4th 162.
E. Public Notice: No public notice is required as the lot line adjustment application is a ministerial action.
F. Concurrent Permit Processing: When a lot line adjustment is part of a project that requires one or more discretionary planning entitlements and the applicant does not want the lot line adjustment unless the entire project is approved, then the lot line adjustment shall be reviewed as part of the discretionary planning application. In that event, all permits and approvals, including the lot line adjustment, shall be combined into one application, processed concurrently, and acted upon by the highest review authority required by this code based on the entitlements included in the application. (Ord. 1138, §2 (Exh. A), adopted 2012; Ord. 1237, §2 (Exh. A), adopted 2024)
§8297 APPROVAL OR DENIAL OF ADJUSTMENT
The City Engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this chapter, the City’s General Plan and Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and the California Building and related codes as adopted in the City (hereafter "Building Code"). The City Engineer may approve, conditionally approve, or deny the lot line adjustment in compliance with this section.
A. Required Findings: A proposed lot line adjustment shall be approved if the City Engineer finds all of the following:
1. The adjustment will not create a greater number of parcels than existed prior to the adjustment;
2. The adjustment will not result in an increase in the number of nonconforming parcels;
3. The adjustment will not increase the nonconformity of any parcel; and
4. All of the parcels resulting from the adjustment are consistent with the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and Building Code.
B. Conditions Of Approval: In approving a lot line adjustment, the City Engineer shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, Building Code or to facilitate the relocation of existing utilities, infrastructure, or easements. The City Engineer may not impose conditions or exactions on approval except to conform to such plans, to require payment of taxes, or facilitate relocation of facilities.
C. Appeal: The decision of the City Engineer may be appealed to the City Council. Said appeal shall be filed with the City Clerk within ten (10) days of the date of the decision, shall state the reason(s) for the appeal, and be accompanied by the appeal fee, if any, established by the City Council from time to time by resolution; provided, however, that the City Council decision on the appeal is subject to the provisions of this section regarding findings and conditions of approval. (Ord. 1138, §2 (Exh. A), adopted 2012; Ord. 1237, §2 (Exh. A), adopted 2024)
§8298 COMPLETION OF ADJUSTMENT
Within twelve (12) months after approval, the lot line adjustment process shall be completed in compliance with this section through the recordation of a deed, after all conditions of approval have been satisfied.
A. Completion By Deed: A lot line adjustment shall not be considered complete or become effective until recordation in the official records of Mendocino County of a grant deed or deeds signed by the record owners. Prior to recordation, the applicant shall submit deeds to the City Engineer for review and approval in compliance with subsection B of this section, and shall pay the review fees. The legal descriptions provided in the deeds, including an accompanying plat, shall be prepared by a qualified registered civil engineer, or a land surveyor licensed or registered in the State in accordance with State law and shall be accompanied by a preliminary title report prepared within fifteen (15) days of the date of submission by a title company, if determined necessary, by the City Engineer.
B. Review And Approval By The City Engineer: The City Engineer shall:
1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;
2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;
3. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and
4. After approval of the legal description, assemble the deeds and return them to the applicant’s title company for recordation.
C. Expiration: The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within twenty-four (24) months of approval. (Ord. 1138, §2 (Exh. A), adopted 2012; Ord. 1237, §2 (Exh. A), adopted 2024)