Modesto |
Code of Ordinances |
Title 4. PUBLIC WELFARE, SAFETY AND HEALTH |
Chapter 4. SUBDIVISION OF LAND |
Article 5. Parcel Maps |
§ 4-4.506. Lot Line Adjustments.
(a)
In General. A lot line adjustment between two (2) or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and a greater number of parcels than originally existed is not thereby created, may be approved by the Secretary of the Planning Commission, without the approval and filing of a parcel map. A lot line adjustment shall not be approved unless the parcels and any structure(s) or parking space(s) located thereon will comply with requirements of the zone in which the parcel is located and applicable building regulations; except that where existing parcels or structures are nonconforming with respect to zone requirements, a lot line adjustment may be approved so long as the degree of nonconformance is not increased.
(b)
Filing and Approval. An application for a lot line adjustment shall be filed with the Secretary of the Planning Commission and shall be in the form and contain the information required by the Secretary of the Planning Commission. Upon receipt of an application, the Secretary of the Planning Commission shall review the proposal for compliance with the provisions of Section 4-4.506(a). Following review of the application, the Secretary may approve or disapprove the lot line adjustment by executing an appropriate certificate of approval or denial.
(c)
Conditions of Approval. The Secretary of the Planning Commission may require that a property survey of the altered parcels be made and a record of survey recorded in accordance with the provisions of the California Land Surveyors Act (Chapter 15, Division 3, of the Business and Professions Code). The Secretary of the Planning Commission may also impose such other reasonable conditions as the Secretary deems necessary to establish a record of the lot line adjustment, or to provide for utility services to the affected parcels.
(d)
Appeals. Any person may, within fifteen (15) days after the approval or denial of a lot line adjustment by the Secretary of the Planning Commission, appeal such action in writing to the Planning Commission. The Planning Commission shall consider the appeal upon notice to the appellant, the applicant and any interested party requesting notice, within fifteen (15) days or at its next succeeding regular meeting unless the appellant and applicant both consent to a continuance. At the Planning Commission meeting at which the appeal is considered, the Planning Commission shall hear the testimony of the appellant, the applicant and any interested party requesting to be heard. The Planning Commission may, by resolution, sustain, modify, reject or overrule any action of the Secretary of the Planning Commission with respect to the lot line adjustment. The action of the Planning Commission with respect to the lot line adjustment application shall be final unless the Planning Commission decision is appealed to the City Council in accordance with the provisions of Section 4-4.404(f) of this chapter pertaining to tentative maps.
(Added by Ord. 1613-C.S., amended by Ord. 2014-C.S., § 1, and Ord. 2414-C.S., § 1, effective 5-22-86)