§ 26-88-190. Limitations on lot line adjustments.

(a)

Notwithstanding any ether provision of this code, except as otherwise provided in subsection (b) of this section, all lot line adjustments shall be subject to the following limitations:

(1)

No lot line adjustment shall result in increased subdivision potential for any affected parcel;

(2)

No lot line adjustment shall result in a greater number of developable parcels than existed prior to the adjustment. To be deemed a developable parcel for the purposes of this subsection, a parcel shall comply with one of the following requirements:

(i)

The parcel meets all of the following criteria:

(A)

The parcel has legal access to a public road or right-of-way, or is served by an existing private road that connects to a public road or right-of-way; and

(B)

The parcel is served by public sewer, or the parcel, as determined by the planning director, is likely to meet the criteria for approval of an on-site sewage disposal system for a one bedroom residence, as specified in Chapters 7 and 24 of this code and in the basin plans adopted by the applicable regional water quality control board, without the use of an off-site septic easement. For the purposes of this subsection, "served by public sewer" shall mean either that a parcel is currently receiving public sewer service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; and

(C)

On parcels less than twenty-five (25) acres, the parcel is served by public water supply, or the parcel is located within an Area 1, 2, or 3 groundwater availability area as shown on Figures RC-2a to RC-2i of the general plan. Where public water service is not available and where the parcel is located within an Area 4 groundwater availability area, a well or spring yield test, as defined in Section 7-12 of this code, shall be required to demonstrate that an adequate water supply is available on-site or off-site. For the purposes of this subsection, "served by public water supply" shall mean either that a parcel is currently receiving public water service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; or

(ii)

The parcel has an existing legal dwelling unit or had a legal dwelling unit which was destroyed by fire or other calamity within the last five (5) years.

(b)

The provisions of subsection (a)(2) shall not apply to any of the following:

(1)

Any lot line adjustment where all of the affected parcels are in the CO (administrative and professional office), C1 (neighborhood commercial), C2 (retail business and service), C3 (general commercial), LC (limited commercial), K (recreation and visitor-serving), MP (industrial park), M1 (limited urban industrial), M2 (heavy industrial), M3 (limited rural industrial), or PF (public facilities) zoning districts;

(2)

Any lot line adjustment where all of the parcels resulting from the lot line adjustment comply with the applicable density and minimum lot size requirements of this chapter and the general plan;

(3)

Any lot line adjustment where all of the affected parcels were lawfully created on or after March 1, 1967;

(4)

Any lot line adjustment where all of the affected parcels are in the LIA (land intensive agriculture), LEA (land extensive agriculture), or DA (diverse agriculture) zoning districts, provided that all of the parcels resulting from the lot line adjustment are a minimum of ten (10) acres in size and the owners of those parcels all record covenants, in a form satisfactory to county counsel, prohibiting any new residential development on the parcels for a period of ten (10) years, except for agricultural employee housing, farm family housing, and seasonal and year-round farmworker housing, as allowed by the applicable zoning district;

(5)

Any lot line adjustment for which an application was filed and determined to be complete by the planning department on or before March 23, 1999, provided that the application is not thereafter withdrawn, denied, or substantially revised.

(Ord. No. 5154 § 1(b), 1999.)