(A) Purpose. This section provides a process for the legal adjustment of property lines that do not create new lots, pursuant to Cal. Gov't Code § 66412(d).
(B) When allowed. Lot line adjustments processed under this section are allowed only when:
(1) The lot line adjustment involves a maximum of four lots;
(2) The land taken from one lot is added to an adjoining lot; and
(3) A greater number of lots than originally existed is not created.
(C) Review authority.
(1) General. The Parcel Map Committee shall take action on all lot line adjustment applications not requiring a variance.
(2) Variance required. The Planning Commission shall take action on all lot line adjustment applications requiring a variance.
(D) Application submittal.
(1) Initiation. An applicant may initiate a lot line adjustment by submitting an application to the Community Development Director.
(2) Required form. An application for a lot line adjustment shall be on a form approved by the Community Development Director.
(3) Application contents. The application shall include at a minimum:
(a) A legal description of the existing lots.
(b) A preliminary title report for the existing lots.
(c) A legal description of the resulting adjusted lots.
(d) A map of the existing lots, the proposed adjustment, and all structures located on the lots.
(4) Preparer of map. The map of the proposed adjustment shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the State of California. The California registration number of a registered civil engineer shall be 33965 or lower, pre-January 1982.
(5) Survey. The Community Development Director or City Engineer may require a survey of the properties involved if the city finds the survey necessary to provide an adequate description of the subject properties.
(6) Fees. The application shall be subject to the fees as set forth in the City of Tulare's Planning Fee Schedule.
(E) Application review.
(1) Initial review. The Community Development Director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed.
(2) Basis for determination. The Community Development Director acceptance shall be based on full compliance with the provisions of the Map Act and this chapter.
(3) Notification of applicant. Within 30 calendar days of application acceptance, the Community Development Director shall inform the applicant in writing that the application is complete and has been accepted for processing or that the application is incomplete and additional information is required.
(4) Review of complete application. The Community Development Director, in consultation with the City Engineer, shall review the complete application to verify compliance with the requirements of this chapter, the Map Act, the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(F) Meetings and hearing to act on application.
(1) Scheduling. Meetings to take action on a proposed lot line adjustment shall be scheduled after the preliminary finding of exemption from CEQA or certification of an EIR or Negative Declaration.
(2) General. For lot line adjustments not requiring a variance, the Parcel Map Committee shall meet to review and take action on the application. No public notice is required.
(3) Variance required. For a lot line adjustment requiring a variance, the application shall be considered by the Planning Commission at a noticed public hearing in compliance with Tulare Municipal Code, Chapter 10.16 (Public Hearings) of the Zoning Code.
(G) Criteria for decision. The review authority shall approve a lot line adjustment application if all of the following findings can be made:
(1) The proposed lot line adjustment complies with all requirements of this chapter and the Map Act.
(2) The resulting lots are consistent with the General Plan, specific plans, the Zoning Ordinance, and other applicable ordinances of the City of Tulare.
(H) Conditions of approval. The review authority may attach conditions to the approval of a lot line adjustment only for the following reasons:
(1) To ensure compliance the requirements of the California Environmental Quality Act (CEQA), the General Plan, any applicable specific plans, the Zoning Ordinance, and other ordinances of the City of Tulare.
(2) To require the prepayment of real property taxes prior to the approval of the lot line adjustment.
(3) To facilitate the relocation of existing utilities, infrastructure, or easements.
(I) Appeals. The determination of the review authority may be appealed in compliance with § 8.24.080 of this chapter.
(J) Recordation. The lot line adjustment shall be reflected in a deed, which shall be filed by the Applicant with the County Recorder.
(1) Expiration. A lot line adjustment approval shall be valid for one year from the date of approval. If the adjustment lots are not recorded within that one-year period, the approval shall expire.
(Ord. 15-12, passed 12-15-2015)