A. Commission Responsibility: The Commission is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions and is authorized to recommend approval, disapproval or approval with conditions to the City Council.
B. Executive Secretary: The Planning Director shall be the executive secretary to the Planning Commission with the authority to receive preliminary and tentative subdivision maps of proposed subdivisions according to the Subdivision Map Act.
C. Tentative Maps, Final Maps Required: Tentative and final subdivision maps shall be required for all subdivisions creating five (5) or more parcels, pursuant to Map Act section 66426.
D. Tentative Parcel Maps Required:
1. A tentative and parcel map shall be required for all divisions of land creating four (4) or fewer parcels, as well as those divisions contained in Map Act section 66426.
2. A tentative parcel map shall not be required for those divisions outlined in Map Act section 66428, nor for lot line adjustments contained in Map Act section 66412(d).
E. Waiver Of Parcel Map Requirements:
1. The Planning Commission may waive a parcel map pursuant to Map Act section 66428 upon receiving and acting on an application for such parcel map waiver.
a. The Planning Commission may take action to approve such parcel map waiver provided findings are made that the proposed division of land meets the following:
(1) Complies with the Corcoran General Plan and Zoning Ordinance;
(2) All required improvements to serve the parcels created have been completed including, but not limited to, street, curb, gutter, and sidewalk, street lighting, drainage improvements, and utilities which provide sufficient capacity to serve development of the site;
(3) An environmental assessment has addressed any significant environmental impacts;
(4) No additional dedications for the purpose of public facilities or improvements are necessary for public safety or welfare;
(5) A parcel map waiver may be conditioned to provide payment for park land dedication, area of benefit fees, or other fees.
b. Upon making these findings, the Planning Commission shall direct the issuance of a certificate of compliance for recording consistent with section 66499.35 of the Map Act.
(1) Fees for filing, checking, and processing the parcel map waiver and certificate of compliance shall be collected in the amount prescribed from time to time by the City Fee Resolution.
(2) A tentative map subject to the requirements of this Chapter or other additional information deemed necessary by the Planning Commission for waiver consideration shall be required with the request for a waiver. In addition, a preliminary title report required in accordance with this Chapter shall be submitted.
F. Lot Line Adjustment:
1. General: A lot line adjustment between two (2) or more adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existing is not thereby created, may be approved by the Planning Director and the City Engineer, or their authorized representatives, with the filing of a lot line adjustment application and necessary information required by the Planning Director and the City Engineer. A lot line adjustment shall not be approved unless the adjusted parcel, and any structures or parking spaces located thereon, comply with area, width, frontage, and yard requirements of the zone in which the parcels are located.
2. Application: The processing, review and approval of a lot line adjustment shall be pursuant to the provisions of the Subdivision Map Act and this Section.
3. Procedures For Filing An Application For A Lot Line Adjustment:
a. An original application and twelve (12) copies of the site plan must be filed with the Planning Director with such nonrefundable fee as established by resolution or order of the City Council, to cover the cost of processing, reviewing and recording all required documents for the lot line adjustment approval. All required County fees shall be collected by the tax collector prior to the tax clearance signature being placed on the lot line adjustment form which must be done prior to recording. In addition, all County Recorder's fees shall be collected by the Recorder at the time the documents are submitted to the County for recording.
b. The application shall be in a manner and form prescribed by the Planning Director. Copies of such an application form shall be available to the public at City Hall. The original application filed with the Planning Director shall be suitable for recording and must be neatly and accurately drawn, lettered and legible.
c. The application form shall be eight and one-half by eleven inches (81/2 x 11") in size and shall contain the following information:
(1) The actual legal description of the property being transferred, which will be used on the deed(s) transferring the property, including a statement that the transferred territory will be joined with a specific parcel and will not become a separate parcel;
(2) The legal descriptions of each of the properties after the adjustment;
(3) A site plan that shall be neatly and accurately drawn, lettered or typed, legible, and containing the following information:
(A) Date, north arrow, and scale of drawing;
(B) Existing parcel lines (broken and thin) with dimensions;
(C) Adjusted parcel lines (solid and bold) with dimensions;
(D) Location, dimensions, distance to adjusted lines, number of stories or height, of all existing surface and underground structures;
(E) Name, width, and location of existing or proposed, abutting or transversing streets, easements, or right of ways;
(F) Number of each parcel corresponding to the description and including the Assessor's Parcel Number (APN) below the parcel number;
(G) Area of each parcel after the adjustment;
(H) Location with dimensions to adjusted lines of existing wastewater disposal systems and all wells; and
(4) Copies of the deeds and other instruments of record title for all of the affected properties.
d. The application shall be deemed filed when all provisions of this Section have been met.
e. The lot line adjustment application form must be signed by all of the property owners involved, including trust deed holders.
4. Procedure For Review, Determination And Completion Of A Lot Line Adjustment Application:
a. A lot line adjustment is a ministerial action and shall be administratively reviewed by the Planning Director and City Engineer. The lot line adjustment shall conform to local zoning and building ordinances. Other departments and agencies will be contacted as necessary to adequately review the application.
b. A lot line adjustment shall not be recorded which does not conform to State law, local ordinance, or other regulation.
c. Upon completion of the review of the lot line adjustment the Planning Director shall notify the applicant that either additional information is necessary, and specify what that information is, or inform the applicant that the application is in order and may proceed. The applicant shall then submit copies of the new legal description(s) for the subject properties being used for the new deed(s). The Planning Director shall review the legal description(s) to determine that the new deed(s) will be consistent with the lot line adjustment. Recording deed(s) with legal description(s) different from the description(s) approved by the Planning Director shall not be deemed an appropriate lot line adjustment.
d. When the lot line adjustment is completed and any required deeds are recorded, title to the transferred territory shall be shown the same as the title on the property that is joined.
e. Items which will be recorded together are the approved lot line adjustment form and the deed(s) that transfer property where appropriate. Any deed that is recorded shall contain the following:
(1) A description of the property being transferred;
(2) A statement that the deed is being recorded pursuant to the advisory agency resolution for the lot line adjustment and the date of approval; and
(3) A statement that the transferred territory will be joined with a specific parcel and will not become a separate parcel.
f. The deed(s) and the required lot line adjustment documents, recorded pursuant to the lot line adjustment approval, shall be reviewed and approved by the Planning Director prior to being recorded.
g. The Kings County Treasurer-Tax Collector shall review the lot line adjustment prior to recording the deed(s) and the lot line adjustment form to ensure that the property taxes are properly paid pursuant to section 66412.(d) of the Subdivision Map Act.
h. The lot line adjustment form will be recorded at the request of the applicant, or the applicant's agent. After the Kings County Treasurer-Tax Collector has reviewed the lot line adjustment, a representative from the Kings County Public Works Department will review and record the documents. The lot line adjustment form will be recorded first, followed immediately in sequence by any deed(s) transferring the property.
i. Recording of the lot line adjustment documents shall constitute the completion of the procedures by the local agency. Recording of the deed(s) by the applicant shall constitute completion of the lot line adjustment.
j. The lot line adjustment shall become null and void if the lot line adjustment documents and any required deed(s) have not been recorded within three (3) years of the date that the applicant is informed that the review is complete. Upon application of the applicant, filed prior to the expiration of the lot line adjustment, the time at which the lot line adjustment expires may be extended by the Planning Director for a period or periods not exceeding a total of three (3) years.
5. Appeals: An appeal of the action by the Planning Director on the lot line adjustment map may be initiated by the applicant pursuant to Title 11, Chapter 18 of this Code. (Ord. 527, 8-4-1997)