Chapter 17.30
LOT LINE ADJUSTMENTS
Sections:
17.30.025 Responsible staff and agency review required.
17.30.030 Criteria for review and approval.
17.30.035 Limitation on review and approval.
17.30.040 Planning commission review option.
17.30.045 Action on a lot line adjustment.
17.30.050 Appeal of staff or planning commission action.
17.30.055 City council action on an appeal.
17.30.060 Recordation required.
17.30.010 Purpose.
A lot line adjustment is a transfer of land between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created. (Ord. 3-94 §1(part), 1994).
17.30.015 Filing.
Where permitted by the provisions of this title, a lot line adjustment application shall be prepared and filed with the community development director together on a form supplied by the city and the payment of a fee set by resolution of the city council. The applicant shall submit:
A. Name, address, phone number and signatures of the record owners of all lots involved.
B. Name, address, phone number and signature of the person filing the lot line adjustment.
C. Name, address, phone number and signature of the licensed land surveyor or registered civil engineer who prepared the lot line adjustment.
D. Title report, legal description, assessor’s parcel number, and address of each lot as it exists before adjustment.
E. Legal description of each lot as it will exist after adjustment.
F. A clear and accurate map, suitable for filing with the county recorder, showing the proposed lot line adjustment which shall include:
1. An appropriate scale approved by the city engineer, in black ink, on paper eight and one-half inches by eleven inches or larger.
2. Date of preparation, scale, and north arrow.
3. Sufficient data to accurately determine the lot boundaries.
4. The dimensions of each lot and the area of each lot. Lot areas shall be given in square feet if they are less than one acre, in acres if they are one acre or more.
5. Existing property lines shown in solid lines, proposed property lines shown in dashed lines.
6. Width, location, and purpose of all existing and proposed easements.
G. A clear and accurate supplementary map, showing the lots as they will exist after the lot line adjustment which shall include:
1. The locations of areas subject to flood or inundation by a one-hundred-year flood.
2. The location of any water wells and related water lines.
3. The location of any septic tanks, drain or leach fields, and expansion areas.
4. Contour lines shown at no more than ten-foot intervals.
5. Any reasonable additional information required by the city engineer. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.30.020 CEQA applicability.
Where the average slope of the land involved in the lot line adjustment exceeds twenty percent, an environmental assessment fee shall also be collected at the time of application. The community development director shall review the application to determine if the lot line adjustment is exempt from the provisions of CEQA. If the project is not exempt, an initial study shall be conducted to determine whether a negative declaration shall be issued or an environmental impact report shall be required. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.30.025 Responsible staff and agency review required.
Prior to taking any action on an application for a lot line adjustment, the community development director shall transmit a copy of the lot line adjustment application and maps to the city engineer, building official, Half Moon Bay fire protection district, police chief, city clerk, and to each public utility serving the general area of the proposed lot line adjustment. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.30.030 Criteria for review and approval.
A. Each lot line adjustment application shall be reviewed with regard to the following criteria:
1. In residential, commercial, and industrial districts, the application shall be evaluated for the suitability of building sites created by the lot line adjustment.
2. In reserve districts or open space and conservation districts, the lot line adjustment shall be evaluated to determine the suitability of the reconfigured sites for the permitted uses within those districts.
3. All applications shall be evaluated for the provision for adequate pedestrian and vehicle access and emergency vehicle access to each lot that may be affected by the lot line adjustment.
4. Existing legal nonconforming lots shall be evaluated to assure that the lot line adjustment does not increase the degree or extent of nonconformity.
5. Each affected staff member or agency shall review the proposed lot line adjustment to determine the adequacy of existing easements and, if necessary, shall make specific recommendations as to their requirements for additional easements, modifications to any existing easements, or the need for new easements.
B. The community development director, with the aid of responsible staff and/or public utility or agency, shall review the lot line adjustment and shall enter a written report into the project record. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.30.035 Limitation on review and approval.
Except as may be provided for herein, consideration of any lot line adjustment by the community development director shall be a ministerial action, not requiring public notice or a public hearing.
A. Review and approval shall be limited to a determination of whether or not the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances, or to facilitate the relocation of existing utilities, infrastructure, or easements.
B. Reasonable conditions may be imposed to ensure that the lots subject to the application conform to any applicable zoning and building codes.
C. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed and a map, which shall be recorded.
D. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.30.040 Planning commission review option.
A. In the case of a complicated or controversial lot line adjustment, the community development director may elect to refer the application to the planning commission for their review and decision making.
B. The planning commission shall not consider the lot line adjustment until after the community development director has submitted the proposal to all responsible staff and agencies as provided for herein. The community development director shall make a report and recommendation, and present it to the planning commission.
C. Consideration of a lot line adjustment by the planning commission shall be a ministerial action not requiring public notice or a public hearing. However, the item shall appear on the duly posted meeting agenda. The planning commission shall not preclude appropriate and relevant public testimony. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.30.045 Action on a lot line adjustment.
The community development director or planning commission shall determine whether the lot line adjustment is in conformity with the general plan and its elements, the local coastal plan, the zoning ordinance, and Section 8762 of the Business and Professions Code. Upon this basis they shall approve, conditionally approve or disapprove the lot line adjustment. The community development director or planning commission shall report such action, in writing, to the applicant. (Ord. C-2015-04 §1(part), 2015; Ord. 3-94 §1(part), 1994).
17.30.050 Appeal of staff or planning commission action.
Appeals from the actions of staff shall be considered by the planning commission. Appeals of decisions by the planning commission shall be considered by the city council. All appeals must be made in accordance with the requirements of Chapter 1.25 within ten days from the date of the planning commission’s action. (Ord. C-7-08 §21(part), 2008: Ord. 3-94 §1(part), 1994).
17.30.055 City council action on an appeal.
The city council shall hear any appeal of a decision of the planning commission as provided for in this title. The city council may sustain, overrule, or modify the action of staff or the planning commission. Any action of the city council to overrule or modify the action of the community development director or planning commission shall be based upon the criteria specified in this chapter. (Ord. C-2015-04 §1(part), 2015; Ord. C-7-08 §21(part), 2008: Ord. 3-94 §1(part), 1994).
17.30.060 Recordation required.
The deeds, maps, and legal descriptions shall not be recorded until all conditions of approval have been met or bonded for, as appropriate. The lot line adjustment shall be effective when the deeds and legal restrictions have been recorded. No building permit shall be issued for development on any lot a part of a lot line adjustment prior to recordation. (Ord. 3-94 §1(part), 1994).