ORD 612 ORDINANCE NO. 612
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
REPEALING AND REPLACING CHAPTER 16.08 (LOT LINE
ADJUSTMENTS) OF TITLE 16 (SUBDIVISIONS) TO CLARIFY
AND ESTABLISH UPDATED PROCEDURES AND
REQUIREMENTS FOR LOT LINE ADJUSTMENTS.
WHEREAS, the Subdivision Map Act (Act), codified in the California Government
Code Section 66410 et seq. provides the general rules, regulations, and procedures for
the subdivision of land on a statewide basis; and
WHEREAS, the Act vests regulation and control of the design and improvement of
subdivisions to local agencies; and
WHEREAS, Title 16 of the City of Rancho Palos Verdes Municipal Code (RPVMC)
regulates and controls the design and improvement of subdivisions, and coordinates
planning with the City's general and specific plans; and
WHEREAS, Chapter 16.08 of Title 16 currently provides a brief section on lot line
adjustments which does not expressly state relevant procedures and requirements
related to how lot lines shall be adjusted; and
WHEREAS, the brief description of the lot line procedure has led to unintended
consequences; and
WHEREAS, such unintended consequences include, but are not limited to, allowing
the creation of numerous irregular-shaped lots that negatively impact efficient use of land,
orderly development, and the character of the neighborhood; and
WHEREAS, the City Council wishes to repeal and replace the provisions of Chapter
16.08 to supplement the limited content and provide guidelines that specifies the purpose,
submittal requirements, map contents, review process and findings, notification, and
appeal process to prevent unintended consequences.
WHEREAS, on October 16, 2018, the City Council conducted a duly-noticed public
hearing, considered testimony and materials in the staff report and accompanying
documents, which were made a part of the public record; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated fully herein.
Section 2. Chapter 16.08 (Lot Line Adjustments) of Title 16 (Subdivisions) of
the RPVMC is hereby repealed and replaced to read as follows:
16.08.010 — Purpose
The purpose of this chapter is to establish a clear and efficient process, consistent
with applicable state law, including Section 66412(d) of the Subdivision Map Act,
as may be amended, whereby interested persons may apply to the City to request
Lot Line Adjustments among four (4) or fewer adjoining lots.
16.08.020 — Definitions
As used in this chapter:
"Applicant" means an owner of an Existing Parcel.
"Applicants" means all the owners of the Existing Parcels.
"Application" means the application submitted by the Applicants which meets the
requirements of Section 16.08.070 (Submittal Requirements for Application).
"City Engineer" means the City Engineer, or his or her designee.
"Director" means the City's Director of Community Development, or his or her
designee.
"Existing Parcel" means one of the parcels of real property involved with the
Application as it exists as of the date of the Application.
"Existing Parcels" means every Existing Parcel involved with the Application.
"Grant Deeds" shall mean the grant deed for the Transfer Portions to be recorded
concurrently with the Lot Line Adjustment.
"Lot Line Adjustment" means the adjustment of the legal lot line of one (1) parcel
to decrease the size of the parcel while concurrently increasing the size of another
parcel and complies with the terms of this Chapter.
"Lot Line Adjustment Map" means the map and information as specified in Section
16.08.080 (Lot Line Adjustment Map Requirement).
"Municipal Code" means the Municipal Code of the City.
"Official Records" shall mean the Los Angeles County Recorder's office.
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"Proposed Parcel" means one of the Existing Parcels as it would be comprised
after the recordation of the Lot Line Adjustment.
"Proposed Parcels" means all the Proposed Parcels.
"Title Company" shall mean a title insurance company licensed in California which
shall issue the preliminary title report and serve as Escrow.
"Transfer Portions" means the portions of land which will be transferred between
the Existing Parcels as a result of the Lot Line Adjustment
16.08.030— Eligible Applicants
Eligible Applicants are all the owners of the Existing Parcels. An Application
submitted which does not meet the requirements of this Chapter and is not
executed by all owners of the Existing Parcels is not eligible for review and
consideration. For actions on the Application after submission to the City, an owner
of an Existing Parcel may delegate authority to a co-owner of his or her Existing
Parcel to act on his/her behalf under this chapter by designating same on the
Application or by executing and acknowledging a separate power of attorney in a
form satisfactory to the Director and City Attorney.
16.08.040 — General Limitations regarding Lot Line Adjustments
The following limitations and requirements shall apply to all Lot Line Adjustments:
A. Only 4 or fewer Existing Parcels are involved;
B. No new or additional parcels will be created;
C. All Existing Parcels are immediately adjacent to each other;
D. Any land taken from an Existing Parcel will be added to an adjacent
Existing Parcel;
E. The Proposed Parcels will comply with the General Plan, Specific
Plan, zoning, set back requirements, and other provisions of the
Municipal Code; and
F. The Lot Line Adjustment complies with the Subdivision Map Act
including all regulations and applicable case law.
16.08.050 — Approval Authority
Approval of the Lot Line Adjustment is discretionary with the Director subject to
Section 16.08.120 (Appeals).
16.08.060 — Pre-Application Meeting
Prior to submitting an Application pursuant to this chapter, it is suggested that
Applicants submit a written request to the Director for a meeting with Staff to
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discuss the proposed Lot Line Adjustment. The request shall (i) generally describe
the proposed Lot Line Adjustment, (ii) state the reasons for the requested Lot Line
Adjustment, and (iii) summarize how the requested Lot Line Adjustment complies
with all the requirements of this Chapter. Upon receipt of the request, the Director
shall set and conduct a meeting with the Applicants to discuss the submission and
any potential issues such as whether any permits or variances might be required
for existing structures or if an environmental review might be applicable. No fee
shall be required in connection with the pre-application meeting request. No person
who does not qualify as an Applicant pursuant to Section 16.08.030 (Eligible
Applicant) shall be entitled to a meeting pursuant to this section, although qualified
Applicants may bring their professional consultants (surveyor, engineer, attorney,
etc.) with them to the meeting.
16.08.070 — Submittal Requirements for Application
An Application requesting a Lot Line Adjustment shall be submitted to the Director
together with all of the following:
A. City's standard application form;
B. Applicable Fees and Trust Deposits per City Council adopted
Resolution;
C. Identification of all Existing Parcels;
D. For each Existing Parcel:
i. The names of all owners;
ii. Permanent residence street addresses for all owners;
iii. Telephone numbers for all owners; and
iv. Email addresses for all owners.
E. Documentation reflecting that the Applicants are eligible pursuant to
Section 16.08.030 (Eligible Applicants);
F. Execution of an agreement (which may be a provision in the application
form, a condition of approval, or other acceptable document) releasing,
defending, indemnifying, and holding harmless the City from all claims
and liabilities which may relate to or arise from Lot Line Adjustment;
G. Signatures of all owners of the Existing Parcels;
H. Lot Line Adjustment Map;
I. Written certification that authorization is not required by any other party
or entity with rights over the property, and that the adjustment does not
violate any covenants, conditions, and restrictions on the property. A
current full preliminary title report from the Title Company for each
Existing Parcel.
J. New legal descriptions for each Existing Parcel;
K. Legal description for the Transfer Portions to be transferred between the
Existing Parcels; and
L. Any other information deemed necessary by the Director to administer
this Chapter.
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16.08.080 — Lot Line Adjustment Map Requirements
A Lot Line Adjustment map shall be prepared and wet-stamped by a licensed
surveyor or licensed civil engineer and contain all of the following information:
A. Lot Line Adjustment Map number which has been obtained from the
planning department at the time of submittal;
B. North point, date, and scale;
C. The record boundaries, lot area, and lot dimensions (width and depth)
as defined in Municipal Code Section 17.48.020 (Lot Area and
Dimensions) of the each Existing Parcel;
D. The boundaries, lot area, and lot dimensions (width and depth) as
defined in Municipal Code Section 17.48.020 (Lot Area and Dimensions)
of the each Proposed Parcel;
E. A number for each Proposed Parcel;
F. The names, locations, widths, and improvements (within the rights-of-
way) of all adjoining highways, streets, or ways of the Existing Parcels;
G. The widths and approximate alignments of all easements, whether
public or private, for access, drainage, sewage disposal, and public
utilities which exist on the Existing Parcels;
H. The location of the nearest fire hydrant(s) located within five hundred
(500) feet of the Existing Parcels;
I. Actual street names adjacent to the Existing Parcels;
J. Topography, including extreme slopes (slopes greater than 35%)
indicated by showing contours;
K. The location of existing structures (including street addresses) or
improvements (including parking lots and driveways) on the Existing
Parcels must be clearly and accurately drawn to scale and indicate the
distance to the lot lines for the Proposed Parcels and showing the
distance to the proposed new lot line and to the existing sewer laterals
or system (this information may be shown on a separate attached sheet
referenced on the map.);
L. The approximate location and direction of flow of all defined
watercourses;
M. A vicinity map for the Existing Parcels;
N. Zoning designation for the Existing Parcels; and
O. Calculation of the square footage of the Existing Parcels and the
Proposed Parcels.
16.08.090 — Review Process and Findings
Once the Application has been deemed completed and acceptable for filing, the
Director shall review the Lot Line Adjustment. The Director's review shall be limited
to a determination whether or not the following findings can be made:
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A. All requirements of Section 16.08.040 (General Limitations regarding
Lot Line Adjustments) are satisfied;
B. The Proposed Parcels comply with the General Plan, any applicable
Specific Plan, any applicable Coastal Plan, and all applicable zoning
regulations;
C. The Proposed Parcels comply with the minimum lot area, depth and
width requirements of the zoning district;
D. The Lot Line Adjustment will not intensify any nonconforming lot area or
lot dimensions on the Existing Parcels, required in the applicable zoning
district; and
E. The Lot Line Adjustment will result in a generally continuous and straight
property line extending the full length of the Proposed Parcels.
16.08.100 — Notice of Director's Decision
Director shall notify the Applicants and any interested person the decision of the
Lot Line Adjustment in writing pursuant to Municipal Code Section 17.80.040
(Notice of Decision by Director).
16.08.110 — Expiration of Approval
Notwithstanding Section 16.08.120 (Appeals), the Lot Line Adjustment approval
shall expire and become void if the Lot Line Adjustment has not been completed
within 12-months of the date of Director's approval.
16.08.120 —Appeals
Any interested person may appeal a decision of the Director to the Planning
Commission and a decision of the Planning Commission to the City Council
pursuant to Municipal Code Section 17.80 (Hearing Notice and Appeal
Procedures). No lot line adjustment shall be effective and recorded until the appeal
periods have been exhausted.
Section 3. Adoption of this ordinance is exempt from the California
Environmental Quality Act ("CEQA"), under Article 5, Section 15061(b)(3)(Review for
exemption) of the CEQA Guidelines, which provides that CEQA only applies to projects
that have the potential for causing a significant effect on the environment. This ordinance
is exempt as it consists of clarifications to an existing code which can be seen with
certainty that there is no possibility of having a significant effect on the environment.
Therefore, adoption of this ordinance is not subject to CEQA.
Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this ordinance or the application thereof to any person or place is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this ordinance. The City
Council hereby declares that it would have adopted this ordinance, and each and every
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Page 6 of 7
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
Section 5. The City Clerk shall cause this Ordinance to be posted in 3 public
places in the City within 15 days after its passage, in accordance with the provisions of
Section 36933 of the Government Code. The City Clerk shall further certify to the adoption
and posting of this Ordinance, and shall cause this Ordinance and its certification,
together with proof of posting, to be entered in the Book of Ordinances of the Council of
this City of Rancho Palos Verdes.
Section 6. This Ordinance shall take effect at 12:01 AM on the 31st day after its
passage.
Section 7. The time within which judicial review of the decision reflected in this
Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
PASSED, APPROVED and ADOPTED this 7th day of November 2018.
M or
ATTEST:
11110...‘r Wk.
lerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 612 passed first reading on October 16, 2018, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
November 7, 2018, and that the same was passed and adopted by the following roll call
vote:
AYES: Alegria, Cruikshank, Duhovic,jIkyda and Mayor Brooks
NOES: None
ABSENT: None
ABSTAINED: None1111Eiir°
iiry Clerk
Ordinance No.612
Page 7 of 7
Cmc of LRANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on November 8, 2018, she caused to be posted the following
document entitled: ORDINANCE NO. 612, AN ORDINANCE OF THE
CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING
CHAPTER 16.08 (LOT LINE ADJUSTMENTS) OF TITLE 16
(SUBDIVISIONS) TO CLARIFY AND ESTABLISH UPDATED
PROCEDURES AND REQUIREMENTS FOR LOT LINE
ADJUSTMENTS, a copy of which is attached hereto, in the following
locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the o =•oing is a true and correct affidavit of
posting.
:ity Clerk