Chapter 16.14
BOUNDARY ADJUSTMENTS
Sections:
16.14.020 Procedure for approval – Application.
16.14.030 Procedure for approval – Sewage disposal.
16.14.040 Procedure for approval – Water supply.
16.14.050 Procedure for approval – Approval.
16.14.060 Procedure for approval – Certification.
16.14.070 Conditions for approval of adjustment plats.
16.14.090 Adjustment certificate of compliance.
16.14.010 Applicability.
Notwithstanding any other provisions of this division to the contrary, the procedure set forth in this chapter shall govern the processing of and requirements for boundary adjustments and adjustment plats. Any adjustment plat may be filed pursuant to the provisions of this chapter to adjust the boundaries between four or fewer existing adjoining legal lots where the land taken from one parcel is added to an adjoining parcel, and where a greater number of lots than originally existed is not thereby created, provided the City Engineer determines that the proposed boundary adjustment does not:
A. Create any additional lots;
B. Include any lots or parcels which are not legal lots, as defined by City ordinance;
C. Impair any existing access or create a need for new access to any adjacent lots or parcels;
D. Impair any existing easements or create a need for any new easements serving any adjacent lots or parcels;
E. Require substantial alteration of any existing improvements or create a need for any new improvements;
F. Adjust the boundary between lots or parcels for which a covenant of improvement requirements has been recorded and all required improvements stated therein have not been completed unless the City Engineer determines the proposed boundary adjustment will not significantly affect said covenant of improvement requirements. (Ord. 655 § 3, 2007; Ord. 80 § 1, 1982; CC § 81.501)
16.14.020 Procedure for approval – Application.
The applicant shall file an application for approval of an adjustment plat with the City Engineer accompanied by such other information as required by the City Engineer, and a reproducible adjustment plat, and a fee, all of which shall be in a form, content and amount as required by the City Council, expressed by resolution. The City Engineer shall refer copies of such plat and application to other City departments and public agencies for review and comment thereon. (Ord. 80 § 1, 1982; CC § 81.502(a))
16.14.030 Procedure for approval – Sewage disposal.
An application for boundary adjustment will not be approved unless it can be shown that each resultant parcel has or can be provided with adequate sewage disposal facilities as follows:
A. Each parcel is connected to a sanitary sewer; or
B. Sanitary sewer service is available to each parcel; or
C. In the case of parcels without sanitary sewer availability, the County Health Officer has certified in writing that said parcels have been approved for installation of an on-site sewage disposal system in accordance with applicable County ordinances. (Ord. 80 § 1, 1982; CC § 81.502(b))
16.14.040 Procedure for approval – Water supply.
An application for boundary adjustment will not be approved unless it can be shown that each resultant parcel has or can be provided with an adequate potable water supply, as follows:
A. Each parcel is connected to the City water system; or
B. City water service is available to each parcel; or
C. In the case of parcels without City water availability, an adequate water supply can be provided for each by the installation of wells, galleries, or other devices, which can provide the quantity and quality of water as specified in applicable City ordinances or adopted policies. (Ord. 80 § 1, 1982; CC § 81.502(c))
16.14.050 Procedure for approval – Approval.
A. Within 45 calendar days after said application for a boundary adjustment has been filed, the City Engineer shall notify all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 500 feet of the property which is the subject of the proposed adjustment. Notice shall also be given to the members of the City Council. Such notice shall describe the proposed adjustment and all recipients may, within 10 calendar days of the mailing of said notices, reply or respond to the City Engineer; in writing or in person. Any comments or objections received shall be taken into account by the City Engineer prior to his final decision to approve conditionally, approve, or deny the adjustment.
B. Within 20 calendar days of the date said notice was mailed or delivered, the City Engineer shall approve, conditionally approve, or deny the adjustment application, and notify the applicant in writing of the City Engineer’s action. (Ord. 80 § 1, 1982; CC § 81.502(d))
16.14.060 Procedure for approval – Certification.
If the City Engineer determines that the adjustment plat meets the requirements of this chapter, he shall certify on the adjustment plat that it has been approved pursuant to this chapter and file it in the office of the City Engineer. A revised adjustment plat shall be submitted for certification when the City Engineer finds that the number or nature of the changes necessary for approval are such that they cannot be shown clearly or simply on the original adjustment plat. (Ord. 80 § 1, 1982; CC § 81.502(e))
16.14.070 Conditions for approval of adjustment plats.
Whenever applicable, the City Engineer may prescribe the following conditions for approval of an adjustment plat:
A. Parcel Boundaries. Relocation of lot lines to provide lots that meet the requirements of the County Health Officer, standards of lot design specified elsewhere in this division, or in the City Development Code;
B. Access. The provision of safe and adequate access to each lot or parcel within the adjustment plat;
C. Inundation Line. The addition of a distinctive boundary line, clearly labeled, which delineates the limits of any area determined to be subject to flooding or inundation under 100-year flood conditions. The plat shall contain an appropriate note stating said area is subject to flooding or inundation;
D. Dedication and Improvement. The dedication and/or improvement of any street, right-of-way, easement, or trail as depicted upon or within the general plan or any element thereof, or any specific plan, or other adopted plan, or when required to provide uniform right-of-way widths, provide connections between other easements, provide continuity in trails or ways, or to protect environmentally sensitive objects or areas;
E. Record of Survey Map. When, in the opinion of the City Engineer, boundary monumentation or information of record on the parcels being adjusted is lacking, or where the proposed new boundary lines are of such alignment or complexity that their locations will not be readily traceable, or when any resultant parcel will thereafter be of such size as to allow division, then the City Engineer may require that all or specified portions of the parcels be surveyed and monumented, in which case record of survey map, prepared in accordance with the State Land Surveyors Act, shall be prepared and filed with the County Recorder;
F. Deeds. Provision of copies of the recorded deeds conveying land between the applicants to effectuate the adjustment. (Ord. 80 § 1, 1982; CC § 81.503)
16.14.080 Time to comply.
All conditions placed upon the approval of a boundary adjustment and adjustment plat by the City Engineer, shall be met and completed within six months from the date of conditional approval of the adjustment. Failure to do so shall terminate all proceedings. (Ord. 80 § 1, 1982; CC § 81.504)
16.14.090 Adjustment certificate of compliance.
Upon approval of the adjustment, and upon completion of all conditions thereon, within the time limit prescribed in this chapter, the City Engineer shall cause to be filed with the County Recorder a “certificate of compliance-boundary adjustment,” which shall describe the parcels as finally adjusted. (Ord. 80 § 1, 1982; CC § 81.505)