Fountain Valley, CA Zoning Ordinance

As provided by Map Act Section 66412(d), the lot line adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this chapter, an "adjacent parcel" is one that directly touches at least one of the other parcels involved in the adjustment.

Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.

(Ord. 1308 § 5, 2000)

A lot line adjustment application shall be prepared, filed and processed as provided by this section.

Application Content. A lot line adjustment application shall include all information and other materials required by the department.

Processing. Lot line adjustment applications shall be submitted to the department and shall be processed in compliance with the procedures specified by Chapter 21.32 (Applications, Processing and Fees) of this title. No environmental review shall be required, in compliance with the CEQA Guidelines.

(Ord. 1308 § 5, 2000)

The subdivision review committee shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this title. The county surveyor shall determine the technical accuracy of the documents. The subdivision review committee may approve, conditionally approve or deny the lot line adjustment in compliance with this section. Decisions made by the subdivision review committee may be appealed to the commission in compliance with Chapter 21.60 (Appeals) of this title.

Required Findings. A proposed lot line adjustment shall be denied if the subdivision review committee finds any of the following:

The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;

Any parcel resulting from the adjustment will conflict with any applicable regulations of this title; or

The adjustment will result in an increase in the number of nonconforming parcels.

Conditions of Approval. In approving a lot line adjustment, the subdivision review committee shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this title and Title 18 (Building Code) of this code, or to facilitate the relocation of existing utilities, infrastructure or easements.

(Ord. 1308 § 5, 2000)

Within twelve months after approval of the lot line adjustment process shall be completed in compliance with this section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied.

Completion by Deed. A lot line adjustment shall not be effective or finally completed until a grant deed is signed by the record owners and has been recorded. The applicant shall concurrently submit deeds to the city engineer and county surveyor's office for review and approval in compliance with subsection (1) of this section (Review and Approval), before recordation of the grant deed. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in the state.

Completion by Record of Survey. If required by Business and Professions Code Section 8762 et seq., a lot line adjustment shall not be effective or final until a record of survey has been checked by the city engineer and county surveyor's office and recorded by the county recorder. Where not required, a lot line adjustment may also be completed by record of survey in compliance with this subsection at the option of the applicant.

(3)

Review and Approval by City Engineer. The city engineer and county surveyor's office shall:

Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;

Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;

Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;

(D)

If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

(E)

After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.

(4)

Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within twelve months of approval.

(Ord. 1308 § 5, 2000)

Merger not Required. Two or more contiguous parcels or units of land which have been subdivided under the provisions of this title or the Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under this title shall be required for the purpose of sale, lease or financing, except as provided by this chapter.

Processing of Requested Merger. Upon request of the legal owner of contiguous parcels, the city may approve the merger of the property in compliance with Map Act Section 66499.20 3/4. The request shall be in writing and shall be accompanied by data and documents as required by the city engineer's and county surveyor's offices.

Review Authority. The city engineer and county surveyor's office shall have the authority to review and approve proposed parcel mergers, except that council review and approval shall be required for a proposed merger associated with a project that has not been previously considered by the commission.

Conditions of Approval. In approving a merger, the city may impose reasonable conditions. The reasonableness of conditions imposed by the city engineer may be appealed within ten days of written notice of the conditions to the council in compliance with Chapter 21.60 (Appeals) of this title.

Completion of Merger. Upon approval, a notice of lot merger shall be filed with the county recorder. The form and content of the notice shall be as required by the city engineer.

(Ord. 1308 § 5, 2000)

Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.

(Ord. 1308 § 5, 2000)

A lot line adjustment application shall be prepared, filed and processed as provided by this section.

Application Content. A lot line adjustment application shall include all information and other materials required by the department.

(Ord. 1308 § 5, 2000)

Required Findings. A proposed lot line adjustment shall be denied if the subdivision review committee finds any of the following:

The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;

Any parcel resulting from the adjustment will conflict with any applicable regulations of this title; or

The adjustment will result in an increase in the number of nonconforming parcels.

(Ord. 1308 § 5, 2000)

(3)

Review and Approval by City Engineer. The city engineer and county surveyor's office shall:

Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;

Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;

(D)

If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

(E)

After approval of the legal descriptions, assemble the deeds and return them to the applicant for recordation.

(4)

Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within twelve months of approval.

(Ord. 1308 § 5, 2000)

Completion of Merger. Upon approval, a notice of lot merger shall be filed with the county recorder. The form and content of the notice shall be as required by the city engineer.

(Ord. 1308 § 5, 2000)

Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.

(Ord. 1308 § 5, 2000)

A lot line adjustment application shall be prepared, filed and processed as provided by this section.

Application Content. A lot line adjustment application shall include all information and other materials required by the department.

(Ord. 1308 § 5, 2000)

Required Findings. A proposed lot line adjustment shall be denied if the subdivision review committee finds any of the following:

The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;

Any parcel resulting from the adjustment will conflict with any applicable regulations of this title; or

The adjustment will result in an increase in the number of nonconforming parcels.

(Ord. 1308 § 5, 2000)

(3)

Review and Approval by City Engineer. The city engineer and county surveyor's office shall:

Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;

Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;