Chapter 24.06


24.06.010    General.

24.06.020    Application.

24.06.030    Authority for approval or denial.

24.06.040    Findings.

24.06.050    Notification and appeal.

24.06.060    Recordation.

24.06.070    Approval time limits.

24.06.010 General.

The purpose of this chapter is to provide criteria for processing, approving, and recording voluntary lot-line adjustments and owner-initiated parcel mergers in accordance with the Subdivision Map Act. The provisions of this chapter and references to “lot-line adjustment” shall apply equally to an “owner-initiated merger,” unless specifically stated otherwise. [Ord. 19-014 § 7, 2019].

24.06.020 Application.

An application for a lot-line adjustment shall be filed with the planning department in a form prescribed by the director and shall be accompanied by the following items:

(a) An 11-inch by 17-inch map exhibit drawn to scale that includes the following information: street addresses, assessor’s parcel numbers, existing property lines and dimensions, proposed property lines and dimensions, property lines or sections proposed for removal, existing lot areas, proposed lot areas, existing easements, location of all structures and distances to existing and proposed property lines, location of all utility service lines, location of septic disposal system and wells, 100-year floodplain of any watercourse, location of creeks and drainages, areas of slopes over 20 percent, off-street parking areas and driveways, title block, north arrow, and date.

(b) A preliminary title report prepared by a licensed title insurance company, current within 45 days of the date of application.

(c) Other information and documentation as determined necessary by the director for a particular project. This may include evidence that the properties proposed for adjustment were legally created.

(d) Application processing fee. [Ord. 19-014 § 7, 2019].

24.06.030 Authority for approval or denial.

(a) The director shall have the duty of considering investigations and reports on the design and improvement of proposed divisions of real property; conducting a public hearing when required as described in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures); imposing requirements or conditions thereon; and having the authority to approve, conditionally approve, or disapprove the discretionary matters governed by this chapter, while also ensuring project compliance with the Subdivision Map Act and CEQA.

(b) Within 30 days of submittal of a complete application, the director shall approve or disapprove the lot-line adjustment request by executing a letter of approval or denial to the applicant. [Ord. 19-014 § 7, 2019].

24.06.040 Findings.

In accordance with the Subdivision Map Act Section 66412(d), approval of a lot-line adjustment shall be based upon a determination by the director that the following criteria are in evidence:

(a) The adjustment involves four or fewer adjoining parcels that were legally created and will not result in the creation of more parcels than originally existed.

(b) Each resulting parcel is viable in supporting existing or planned land uses based on applicable general plan and other applicable zoning regulations.

(c) The resulting parcels and any structure(s) or parking space(s) located thereon will comply with the requirements of the zoning district in which the parcel is located and with applicable building regulations, except that where an existing parcel(s) or structure(s) is nonconforming with respect to zoning regulations, a lot-line adjustment may be approved if the degree of nonconformance is not increased.

(d) The adjustment will not impair any existing public-street or private-access easement or create parcels without legal access to a public street and the number of lots fronting on a public street is not being reduced.

(e) The adjustment will not require substantial alteration of any existing public easements or improvements.

(f) The adjustment will not result in a utility service line being located on any property other than the lot being served, unless the service line is contained in a recorded utility easement.

(g) Each resulting parcel has been, or can be, provided with adequate sewage-disposal facilities. [Ord. 19-014 § 7, 2019].

24.06.050 Notification and appeal.

(a) Notification of Approval. All parties of interest as reflected on deed(s) of trust and any other individuals or entities who, in the opinion of the director, may have a direct interest in the involved parcels shall be notified of the approval of the lot-line adjustment at the same time as the applicant. The notice shall include a statement that the legal descriptions in any existing deeds of trust may need to be amended to conform to the new lot configurations resulting from the lot-line adjustment.

(b) Appeal. The decision on a lot-line adjustment may be appealed in accordance with the procedures in Chapters 23.70 and 23.74 PGMC.

(c) Effective Date of Lot-Line Adjustment. A lot-line adjustment approval shall become effective only when:

(1) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and

(2) All necessary prior approvals have been obtained. [Ord. 19-014 § 7, 2019].

24.06.060 Recordation.

(a) Prior to recording an approved lot-line adjustment, the applicant must first submit the following items for document checking and final approval by the city engineer:

(1) An eight-and-one-half-inch by 11-inch map exhibit depicting the approved lot-line adjustment, prepared by a licensed surveyor (stamped) or professional engineer licensed to practice land surveying and included on standard notice of lot-line adjustment forms prepared by the city.

(2) Deeds necessary to convey property to implement the property-line adjustment. The deeds shall include a legal description of all affected parcels as they will exist after the property-line adjustment is recorded. Said deeds shall contain the words “LOT-LINE ADJUSTMENT” in bold letters at the top of each page and exhibit and also contain the following statement: “Recordation of this deed is for the purpose of adjusting property lines only and does not create or convey a separate parcel,” as defined in Subdivision Map Act Section 66412(d).

(3) Map-check fee.

(b) Following final approval of all exhibits, deeds, and legal descriptions by the city engineer, approved documentation shall be returned to the applicant or a designated title company for recording with the Monterey County recorder’s office.

(c) As an alternative, the applicant may submit a parcel map to the city engineer for recordation of the property-line adjustment, along with applicable map-check and recording fees. A parcel map prepared to accomplish an approved lot-line adjustment shall comply with the requirements of Chapter 24.08 PGMC. [Ord. 19-014 § 7, 2019].

24.06.070 Approval time limits.

(a) Initial Time Limit. The applicant shall submit the necessary documents for checking and gain final document approval by the city engineer within one year of the original lot-line adjustment approval date. Failure by the applicant to complete the final approval process within the specified time line shall cause expiration of the lot-line adjustment approval.

(b) Time Extension. The applicant may request an extension of the original property-line adjustment approval by written request to the director, which must be received prior to expiration of the original approval. Only one extension, not to exceed a period of 90 days, may be allowed for good cause at the discretion of the director. [Ord. 19-014 § 7, 2019].