A. Conditions For Allowing Lot Line Adjustments:
1. Compliance With Government Code Section 66412(d): Lot line adjustments shall be allowed in compliance with Government Code section 66412(d); provided, all of the following provisions are complied with.
2. Four Or Fewer Parcels: A lot line adjustment is between four (4) or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed are not created.
3. Who Shall Prepare Application: An application for a lot line adjustment shall be prepared by a licensed land surveyor or civil engineer authorized to practice land surveying by the state.
4. Application Requirements:
a. An application for a lot line adjustment shall be filed and processed in compliance with chapter 9.61, "Application Processing Procedures", of this title.
b. The application shall include the information and materials specified in the department handout for lot line adjustment applications, together with the required fee in compliance with the planning fee schedule.
c. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection C, "Processing Of Lot Line Adjustment Application - Findings Required For Approval", of this section.
d. All lienholders, record owners, and trust deed holders consent in writing to the lot line adjustment; and
e. A title report prepared by a title insurer, with the title report required to be dated no older than within ninety (90) days of the filing date of the lot line adjustment application, is submitted.
5. Survey May Be Required: The director may, at the director's sole discretion, require a survey of the properties involved, if the director finds the survey necessary in order to provide an adequate description of the subject properties.
B. Review Authority: The director shall be the review authority for reviewing and either approving or denying lot line adjustments.
C. Processing Of Lot Line Adjustment Application - Findings Required For Approval:
1. The director may approve a lot line adjustment only after first making all of the following findings:
a. No street dedication or improvements are necessary to properly service the properties involved in the proposed lot line adjustment;
b. The parcels, as proposed by the lot line adjustment, will conform, in all respects, to the provisions of this article 6 and those of this development code;
c. A greater number of parcels than originally existed are not created.
2. Where the director finds all of the above facts to be present, the director shall approve the lot line adjustment; and thereafter, the owner(s) of the parcels involved shall cause a map, in a form approved by the director, to be recorded.
3. If the director finds any of the foregoing facts specified in subsection C1 of this section, not present, the lot line adjustment shall be denied.
a. The applicant shall be advised of the director's action.
b. In case of denial, the applicant shall have the option of:
(1) Appealing the decision to the commission in compliance with chapter 9.81, "Appeals", of this title; or
(2) Filing a parcel or tract map in compliance with this article 6; or
(3) Modify the application to comply with the requirements and resubmit. (Ord. 242, 9-3-2013)