Chapter 17.04
LOT LINE ADJUSTMENTS
Sections:
17.04.010 Approval of lot line adjustments.
17.04.030 Process for reviewing lot line adjustment.
17.04.050 Limitations upon review and approval.
17.04.010 Approval of lot line adjustments.
Except as provided in DMC 17.04.020, all applications for lot line adjustments shall be approved or denied by the Community Development Director pursuant to the procedures in this chapter. The Community Development Director may approve a lot line adjustment without notice or hearing.
All actions taken by the Community Development Director in approving a lot line adjustment may be appealed to the Commission as provided in DMC 17.01.050. [Ord. 09-026.]
17.04.020 Application.
A. An application for a lot line adjustment shall be filed with the Community Development Director and shall include the following information, materials and documents:
1. Drawings to scale, prepared by a civil engineer or registered land surveyor, specifying the location of the existing lots, the proposed lot line adjustment, and the boundaries and dimensions of the proposed new lots;
2. A legal description of the revised lots satisfactory to the City Engineer and a current preliminary report issued by a title company for each of the affected lots;
3. Such additional information as the Community Development Director may require pursuant to DMC 17.06.040(C) and 17.06.060, considering the magnitude of the adjustment; its relation to existing buildings, structures, and landscaping; the present use and zoning of the property; location and extent of public improvements; its relation to adopted plans for the area; and compliance with the Subdivision Map Act or other ordinances and plans of the City.
B. The application shall be accompanied by a filing fee established by resolution of the Council. [Ord. 09-026.]
17.04.030 Process for reviewing lot line adjustment.
A. Application Processing.
1. Within thirty (30) days of receiving an application for a lot line adjustment, the Community Development Department shall inform the applicant, in writing, whether the application is complete and accepted for filing. If incomplete, the Community Development Department shall advise the applicant as to the deficiencies in the application.
2. Within ten (10) days after an application has been found to be complete and accepted for filing, the Community Development Director shall submit the application for staff review and shall transmit copies of the application and, where applicable, copies of drawings, statements and other data required to accompany the application or required subsequent to the filing of the application to such other public agencies and private parties as the Community Development Director determines may be affected by the proposed lot line adjustment.
B. Community Development Director Review and Approval.
1. The Community Development Director may approve, conditionally approve or disapprove the proposed lot line adjustment for which he or she is the approving authority within the time periods provided by the Permit Streamlining Act.
2. Upon taking such action, the Community Development Director shall give written notice thereof to the applicant as soon as practicable, but in no event later than ten (10) days thereafter. [Ord. 09-026; amended during 2013 recodification.]
17.04.040 Findings.
The Community Development Director shall approve a lot line adjustment sought pursuant to this chapter if the Community Development Director finds:
A. That the lot line adjustment will not result in the abandonment of any street or utility easement of record, and that, if the lot line adjustment will result in the transfer of property from one (1) owner to another owner, the deed to the subsequent owner expressly reserves any street or utility easement of record;
B. That the lot line adjustment will not result in the elimination or reduction in size of the access way to any resulting parcel, or that the application is accompanied by new easements to provide access which meets all the City requirements regarding access to parcels in the location and of the size as those proposed to be created; and
C. That the resulting parcels conform to the requirements of the City General Plan, any applicable specific plan, the Building Code and the City zoning ordinance. [Ord. 09-026.]
17.04.050 Limitations upon review and approval.
The Community Development Director shall limit his or her review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to DMC 17.04.040(C). The Community Development Director shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to DMC 17.04.040(C), to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No record of survey shall be required for a lot line adjustment unless required by Cal. Bus. & Prof. Code § 8762. [Ord. 09-026.]
17.04.060 Recording.
Pursuant to Cal. Gov’t Code § 66412(d), the lot line adjustment shall be reflected in a deed, which shall be recorded in the manner required by the Community Development Director. The deed shall be signed or approved by all parties having an interest in the lots which are affected by the conveyance. If, for any reason, a recorded deed would not give constructive notice of the lot line adjustment under the real property laws of the State of California, the Community Development Director may require the applicant to prepare for recordation a certificate of compliance for each of the affected lots concurrent with the recordation of the deed and may require that such certificate or certificates be recorded. [Ord. 09-026.]