Lot line adjustment between two or more adjacent parcels, where land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, shall be processed pursuant to this section.
(A) Applications for a lot line adjustments shall be submitted to the Community Development Department and must include:
(1) A completed application form; the application shall contain any additional information necessary to explain the request.
(2) The filing fee as established by resolution of the City Council;
(3) A copy of a current preliminary title report concerning the property; this requirement may be waived by the Community Development Director; and
(4) Eight copies of a lot line adjustment map. The lot line adjustment map must be a scaled drawing which clearly defines the existing parcels, the property line(s) to be adjusted and the new property line(s). The area of the newly created parcels shall be shown on the lot line adjustment map. The drawing must also show the location of all existing and proposed structures and improvements in relation to the lines to be adjusted. Any easements which would conflict with the proposed new lines must be noted. Specific dimensions will be necessary to determine that the adjustment will not affect setbacks, lot coverage, parking, minimum lot dimensions, or other requirements of the zoning code.
(B) Applications will be distributed to various city departments and other agencies for review and comment in regard to compliance with applicable standards and regulations.
(C) A lot line adjustment shall not be approved or conditionally approved unless there is compliance with criteria relative to general plan consistency, parcel design, minimum lot area, environmental quality, and public health and safety criteria as specified in this title and other applicable county and state code provisions relating to real property divisions. These criteria will be considered satisfied if the resulting parcels maintain a position with respect to the criteria which is equal to, or better than, such position prior to approval or conditional approval of the lot line adjustment.
(D) If it is found that the proposed lot line adjustment conforms to all of the requirements of the Municipal Code, the Community Development Director shall within ten days of acceptance, approve, or conditionally approve the application. Any action by the Community Development Department may be appealed to the Planning Commission in accordance with provisions of this title.
(E) If it is found that the proposed lot line adjustment would not conform to the zoning code, or that there are unusual circumstances which warrant further evaluation, the Community Development Director shall refer the application to the Development Review Committee. The Committee may approve, conditionally approve, or deny the application. Any action by the Development Review Committee may be appealed to the Planning Commission in accordance with provisions of this title.
(F) Following action on the lot line adjustment, the applicant and property owner of an approved lot line adjustment are required to execute an acknowledgement and acceptance to the terms and conditions of the approval. Building permits for the project will not be issued until the agreement is signed by the applicable parties, and the lot line adjustment documentation and ownership change is filed with the County Recorder.
(G) Upon approval of the lot line adjustment, the applicant must submit the following information to the City Engineering Department for review and recording:
(1) Copies of existing deeds and a current preliminary title report for each affected parcel;
(2) New deeds for each affected parcel with an attachment consisting of an 8½ × 11-inch map reflecting the change; this map will be recorded by City Engineering with the new deeds;
(3) Proof of monumentation for all new property corners created by the Lot Line Adjustment and compliance with § 8762 (e) of the Land Surveyor's Act.
(4) A check made out to the county in the appropriate current amount necessary for recordation.
(H) Before recordation, the deeds will be reviewed for technical accuracy by the city and approved by a Certificate of Compliance consisting of a stamp on each deed original or on a separate document signed by the approving representative. Documents will be delivered to the County Recorder's Office by the city staff.
(I) Failure to complete the recording process within one year of the date of the Community Development Director's, Development Review Committee's, or Planning Commission's approval as applicable will render the approval null and void.
(Ord. 626 C.S., passed 10-5-94)