§ 25-70.5. Lot line adjustment approval criteria.

(a)

Decisions on lot line adjustments shall be based on a determination of whether or not the resulting parcels, as conditioned, will conform with local zoning and building ordinances. For purposes of this section, "zoning and building ordinances" shall include all county codes, ordinances, and general plan policies which relate to the development of real property or the construction of improvements thereon excepting those improvements, exactions and dedications required of subdivision requests.

(b)

The resultant parcels shall be reviewed to assess the following:

(1)

The resultant parcels comply with the lot sizes, setbacks, and other development criteria of the zoning ordinance and general plan;

(2)

The resultant parcels will have suitable building sites outside of geologic or flood hazard areas, and sensitive "open space" areas;

(3)

The resultant parcels will have legal access to a public road or right-of-way;

(4)

The resultant parcels will have adequate potential for suitable water supply and sewage disposal; and

(5)

The lot design achieves an acceptable and justifiable configuration which fosters sound land use patterns.

(c)

Notwithstanding the above, where existing parcels do not conform with county standards, a lot line adjustment may be approved if it increases the overall conformity of the parcels with the above criteria. The decision-making body will have the discretion to deny such requests, or condition approvals to achieve a greater degree of conformity.

(d)

Where the development of an existing parcel is not feasible because of physical constraints arising from size, shape, soil, geologic conditions, water availability or inaccessibility, and such parcel is proposed to become developable through the lot line adjustment process, the county may deny such requests or require the resultant parcels to comply with the minimum lot size and density of the zoning district.

(e)

For purposes of this section "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social and technological factors. Where an existing parcel would qualify as developable except for lack of one (1) of the following: suitable septic and leachfield site, adequate water supply, or legal access, such parcel shall be considered developable if the shortcoming can be remedied by a recorded easement over an adjacent parcel. Where the developability of an existing parcel is disputed, the burden of proof shall lie with the applicant.

(f)

An adjustment shall not be approved if it increases the overall subdivision potential between adjacent parcels beyond that previously allowed by the density unless such approval is conditioned to require a rezoning to a "B7" or other restrictive zoning.

(g)

Adjustments which involve a parcel within the Williamson Act, may be approved only if the resultant parcels will comply with the county's agricultural preserve guidelines.

(h)

Adjustments which involve sections of railroad right-of-ways may be approved only if: 1) the section of right-of-way is combined with an adjacent legal lot, and 2) the adjustment is consistent with this chapter and the general plan policies regarding railroad right-of-ways.

(Ord. No. 4399 § 6, 1991.)