16.12.030 Waiver of requirement of parcel map and lot line adjustments.
A. Waiver of Requirement. In any case provided in Section 16.12.020, the requirement of a parcel map may be waived in accordance with the procedures set forth in this section. No tentative map shall be required in cases where a parcel map is waived.
B. Application for Waiver of Parcel Map. An application for waiver of the requirement of a parcel map shall be filed with the planning director upon such forms and accompanied by a plot plan and such information as may be prescribed or requested by the planning director.
C. Application for Lot Line Adjustment. An application for a lot line adjustment between four or fewer existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than previously existed is not thereby created, shall be filed with the planning director upon such forms and accompanied by a plot plan and such information as may be prescribed or requested by the planning director.
D. Action by Advisory Agency.
1. An application for waiver of the requirement of a parcel map or lot line adjustment shall be acted upon by the advisory agency within fifty days after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, unless such time is extended by agreement with the applicant.
2. The advisory agency, or the city council on appeal, shall by written decision, and deposited in the U.S. mail, approve the application for waiver if the advisory agency finds that the proposed division of land complies with, such requirements as may have been established by the Subdivision Map Act or Title 16 of this code, as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, or this title and other ordinances which are applicable to the proposed division of land.
3. An application for a lot line adjustment may be approved, conditionally approved, or denied at the discretion of the city engineer or, on appeal, the city council. Conditions imposed on a lot line adjustment must relate to conformance to city zoning or building ordinances or facilitate the relocation of existing utilities, infrastructure or easements. An application for a lot line adjustment that is determined to be inconsistent with the zoning or building ordinances shall be denied.
E. Approval, Issuance and Recording of a Certificate of Compliance.
1. Approval of an application for waiver of the requirement of a parcel map shall automatically constitute approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act. When approval has been given to an application for waiver of the requirement of a parcel map, the city engineer shall issue a certificate of compliance, and shall cause said certificate of compliance to be filed for record with the recorder of the county.
2. When approval or conditional approval has been given to an application for a lot line adjustment, the city engineer, upon finding that the proposed division of land complies with the conditions of approval, if any, shall issue a certificate of compliance and shall cause said certificate of compliance and a deed, which reflects said lot line adjustment and provided by the applicant, to be filed concurrently for record with the recorder of the county. A record of survey shall also be recorded if required by Section 8762 of the Business and Professions Code.
F. No requirements of a parcel map shall be waived or lot line adjustment approved which would result in a lot which will be used for residential purposes with a net area of less than that described in Title 17 of this code or a width less than described in Section 16.28.170 of this code; unless the applicant first obtains a modification of lot width or area as per requirements under Chapter 17.64 of this code and the proposed modification will result in a substandard lot that is larger or wider than that which presently exists and no substandard lot of lesser size or width is created.
G. Appeals. Within ten days after mailing of the decision of the advisory agency, an applicant may appeal to the city council any conditional approval or denial of an application. Such appeal shall be governed by the procedures set forth in Chapter 16.52. The city council on appeal shall have full authority to act on the application, including all authority granted under this chapter to the advisory agency.
H. The certificate of compliance shall be recorded within one year of the date of approval by the advisory agency, or city council. If said certificate of compliance is not recorded within said period, the application shall be deemed withdrawn by the applicant. (Ord. 4842 § 1, 2016; Ord. 4704 § 1, 2012; Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)