CLEAN DRAFT – RBMC §20.6(A)
§20.6 SPECIFIC PROCEDURES FOR MINOR DIVISIONS
(A) Lot Line Adjustments and Voluntary Mergers
A voluntary merger or a lot line adjustment shall not create any new lot or building site.
A lot line adjustment may only occur between four or fewer existing adjoining parcels where land taken from one parcel is added to an adjoining parcel and no greater number of parcels than originally existed is thereby created.
A parcel map is not required for this voluntary merger or lot line adjustment, provided the Planning Director determines that the proposed voluntary merger or lot line adjustment conforms to the General Plan, any applicable specific plan, zoning and building ordinances, and Government Code Section 66412(d). Review of a lot line adjustment shall be limited to those determinations authorized by the Subdivision Map Act.
Lot line adjustments processed pursuant to this Section shall be ministerial actions and shall not require Planning Commission approval unless processed concurrently with a separate discretionary entitlement requiring Planning Commission review.
When processed concurrently with a discretionary entitlement, the lot line adjustment shall remain ministerial, and review shall be limited to the determinations authorized by Government Code Section 66412(d).
Applications for a lot line adjustment or voluntary merger shall be submitted on forms approved by the City and shall include the following:
1. A map drawn to an acceptable scale showing existing and proposed property lines, parcel dimensions, easements, and the total area of each parcel before and after the adjustment;
2. Legal descriptions of the affected parcels and resulting parcels prepared by a licensed land surveyor or registered civil engineer authorized to practice land surveying;
3. Authorization from all affected property owners;
4. A current preliminary title report or other evidence of ownership acceptable to the City; and
5. Any additional information reasonably necessary to determine compliance with this Section and Government Code Section 66412(d).
The Planning Director may deem an application incomplete if the information necessary to determine compliance with this Section has not been provided. A voluntary merger shall be reflected in a Certificate of Voluntary Merger, which shall be recorded. A lot line adjustment shall be reflected in a deed, which shall be recorded.
No tentative map, parcel map, or final map shall be required for a qualifying lot line adjustment. A lot line adjustment shall not create parcels inconsistent with applicable zoning standards unless otherwise authorized by this Code or State law. A lot line adjustment shall not increase the degree of nonconformity of an existing parcel unless otherwise permitted by this Code.
Conditions of approval shall be limited to those necessary to:
1. Ensure consistency with the General Plan, any applicable specific plan, zoning and building ordinances;
2. Require the prepayment of real property taxes where authorized by law; or
3. Facilitate the relocation, protection, or continuation of existing utilities, infrastructure, or easements.
The City shall not impose conditions or exactions on approval of a lot line adjustment except as authorized by Government Code Section 66412(d).
The City shall approve or disapprove a lot line adjustment in accordance with the Permit Streamlining Act (Government Code Section 65920 et seq.).
Approval of a qualifying lot line adjustment shall be considered a ministerial action and shall not be subject to the California Environmental Quality Act (CEQA).
A record of survey shall not be required unless otherwise required pursuant to Section 8762 of the California Business and Professions Code.
Nothing in this Section shall prohibit sequential lot line adjustments otherwise permitted by law.
Approval of a lot line adjustment shall not authorize development inconsistent with applicable zoning, building, fire, health, or safety regulations.
The decision of the Planning Director may be appealed in accordance with Chapter ___ of this Code. Appeal review shall be limited to whether the determinations required by this Section can be made.