Chapter 120.53 — LOT LINE ADJUSTMENTS

Sec. 120.53.010. - Purpose and intent.

The purpose of this chapter is to provide for the orderly development and effective use of existing, legal lots by permitting adjustments to property lines pursuant to California Government Code § 66412(d). It is the intent of this chapter to accommodate such adjustments provided that they are consistent with the zoning and general plan land use designation of the properties involved and do not adversely impact existing infrastructure necessary to serve the lots.

(Code 1997, § 16.53.010; Ord. No. 4074, § 1(part), 1989; Ord. No. 4810, § 1, 2-10-2009)

Sec. 120.53.015. - Exception to the Subdivision Map Act.

Pursuant to Government Code § 66412(d), the requirements of the Subdivision Map Act do not apply to a lot line adjustment between two or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel, and a greater number of parcels is not created. No tentative map, parcel map or final map shall be required as a condition to the approval of a lot line adjustment.

(Code 1997, § 16.53.015; Ord. No. 4074, § 1(part), 1989)

Sec. 120.53.020. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adjoining lots means lots whose boundaries share at least one common point or line.

Boundary line agreement means an agreement between adjoining property owners as to the location of a respective property line when its certain location is unclear.

Legal lot means those lots that have been either:

1.

Created or adjusted prior to March 4, 1972;

2.

Created through a properly recorded parcel or final map;

3.

Created previously through a County-approved lot line adjustment; or

4.

Has a properly recorded clear certificate of compliance.

Merge means the adjustment by removal of a lot line between adjoining lots under common ownership that results in the creation of one lot. At least one of the lots involved in the merge must be a legal lot.

(Code 1997, § 16.53.020; Ord. No. 4810, § 1, 2-10-2009)

Sec. 120.53.021. - Approval of lot line adjustments.

1.

A lot line adjustment shall not be permitted without the approval of the County Surveyor. For adjustments between parcels owned by different individuals, the lot line adjustment shall be approved if:

A.

The real property taken from a parcel is added to an adjacent parcel of real property;

B.

A greater number of parcels than originally existed is not thereby created;

C.

Real property taxes are current on all parcels involved in the proposed boundary line adjustments;

D.

All record title interest holders have consented to the adjustments;

E.

The resulting parcels conform to local zoning and building ordinances; and

F.

A sufficient legal description is provided by the parties desiring the lot line adjustments.

2.

For adjustments between parcels with common ownership, the lot line adjustment shall be approved if:

A.

The real property taken from a parcel is added to an adjacent parcel of real property;

B.

A greater number of parcels than originally existed is not thereby created;

C.

Real property taxes are current on all parcels involved in the proposed lot line adjustments;

D.

All record title interest holders have consented to the adjustments;

E.

The resulting parcels conform to local zoning and building ordinances; and

F.

A map, for which a tentative map is not required, delineating the resulting internal boundary lines shall be submitted to the County Surveyor for checking and filed with the County Recorder.

(Code 1997, § 16.53.020; Ord. No. 4074, § 1(part), 1989; Ord. No. 5051, § 2, 4-18-2017; Ord. No. 5162, § 2, 8-232022)

Sec. 120.53.025. - Recording.

A lot line adjustment shall be reflected in a deed and shall be filed with the County Recorder. A record of survey shall be recorded if required by Section 8762 of the Business and Professions Code, per the Subdivision Map Act Section 66412(d) and 66451.10(b)(1).

(Code 1997, § 16.53.025; Ord. No. 4074, § 1(part), 1989; Ord. No. 5162, § 3, 8-23-2022)

Lot line adjustment requests shall be submitted to the Department of the County Surveyor on the form provided by the Department. The application shall be accompanied by a filing fee as established by the most current resolution adopted by the Board of Supervisors and shall include, but not be limited to, the following information:

A.

An 11-inch by 17-inch exhibit drawn to scale showing all existing and proposed boundaries of affected properties. In addition to any other items requested on the application checklist, the exhibit must show exact location of roads, any existing or proposed utilities, existing easements, and existing or proposed structures with dimensions to the proposed boundary line.

B.

Current deeds describing all lots.

C.

Written consent from all current property owners.

(Code 1997, § 16.53.020; Ord. No. 4810, § 1, 2-10-2009; Ord. No. 5051, § 2, 4-18-2017; Ord. No. 5162, § 4, 8-232022)

Sec. 120.53.031. - Exactions and conditions.

No conditions or exactions shall be imposed as a condition of approval of a lot line adjustment except to conform to local zoning and building ordinances or to facilitate the relocation of existing utilities, infrastructure or easements.

(Code 1997, § 16.53.030; Ord. No. 4074, § 1(part), 1989)

Sec. 120.53.035. - Mobile homes.

This chapter does not apply to mobile home parks lot line adjustments that are subject to the requirements of Health and Safety Code § 18610.5.

(Code 1997, § 16.53.035; Ord. No. 4074, § 1(part), 1989)

Sec. 120.53.040. - Procedure/approval process.

Upon receipt of a complete application, the Department of the County Surveyor may distribute said documents to interested agencies for review and comment. No public notice is required.

A.

Within 30 days of accepting a complete application, the Department of the County Surveyor shall determine if the proposed lot line adjustment complies with all applicable State laws and County ordinances.

B.

A boundary line agreement can be memorialized through the Department of the County Surveyor application for approval subject to the discretion of the County Surveyor.

(Code 1997, § 16.53.040;Ord. No. 4810, § 1, 2-10-2009; Ord. No. 5128, § 3, 9-1-2020; Ord. No. 5162, § 5, 8-232022)

Sec. 120.53.050. - Zoning/general plan consistency required.

A.

Except as provided in Section 120.53.070, all lots resulting from a lot line adjustment shall conform to all development standards of the zone in which they are located to include, but not be limited to, the following:

1.

Minimum lot width;

2.

Minimum width as measured at the front setback line;

3.

Minimum lot area;

4.

Setbacks and coverage standards for all proposed structures; and

5.

Dwelling unit density.

B.

Existing lots which cross zone boundaries may adjust property lines without rezoning the reconfigured lots, provided the minimum lot size is met within each zone overlying its respective portion of the property. Where the resultant lot has mixed zone areas equal to or greater than 50 percent but less than 80 percent of the minimum lot size for either respective zone, a rezone may be required at the discretion of the Department.

C.

All resulting lots shall be consistent with general plan policies establishing minimum lot sizes listed under Table 120.53.050 as follows:

Table 120.53.050. General Plan Policies

**Policy summary provided for illustrative purposes only. See general plan policy for official information.

(Code 1997, § 16.53.050; Ord. No. 4810, § 1, 2-10-2009)

Sec. 120.53.060. - Subdivision Map Act consistency required.

A.

A lot line adjustment shall be between four or fewer existing adjoining lots, where the land taken from one lot is added to an adjoining lot, and where a greater number of lots than existed originally will not be a direct result of the lot line adjustment. Adjoining lots in one lot line adjustment may adjoin by separate points or lines in a series and do not have to all share the same point or line.

B.

A lot line adjustment between five or more lots in a subdivision or parcel map must be adjusted through a map amendment or tentative map application (Chapter 120.72).

C.

The Department may consider subsequent or serial lot line adjustments that involve all or portions of the same land, in compliance with the intent of the Subdivision Map Act.

(Code 1997, § 16.53.060; Ord. No. 4810, § 1, 2-10-2009)

Sec. 120.53.070. - Exceptions.

The following exceptions to Section 120.53.050 may be permitted:

A.

Existing conforming lots.

1.

Where existing conforming lots are proposed to be reconfigured to a nonconforming lot size due to existing roads, easements, unique geographical features of the land or better management of natural resources, the resultant lot shall not be reduced more than 20 percent of the minimum lot size requirement under the zone.

2.

Where existing development on the proposed reconfigured lots will be rendered nonconforming to specific development standards such as setbacks, frontage and coverage requirements, the resultant nonconformity will be allowed providing it does not exceed 20 percent of each applicable development standard.

B.

Existing nonconforming lots. Where some or all of the existing lots are nonconforming in size to the minimum requirements of the zone or general plan and where existing roads, easements, unique geographical features or important resources exist, the Department may approve a lot line adjustment subject to the following:

1.

A greater nonconformity may be allowed to better fit said features or to consolidate and manage said resources, provided:

a.

The resultant smallest lot shall be no smaller than 90 percent of the existing smallest lot; and

b.

Existing conforming lots that may be involved in the adjustment remain subject to Subsection A of this section.

2.

All other provisions of this chapter shall apply.

C.

Nonconforming structure on property line. Where a nonconforming structure straddles a property line between two lots under separate ownership, a lot line adjustment can be approved that reduces the size of one of the lots by no greater than 20 percent of the minimum requirements of the zone in order to clarify ownership of the existing structure. Any resulting nonconformance to development standards, such as setbacks, shall be considered as legal, nonconforming.

(Code 1997, § 16.53.070; Ord. No. 4810, § 1, 2-10-2009)

Sec. 120.53.080. - Public utilities, infrastructure relocation.

A.

Sufficient easements shall be provided to serve each lot involved in a lot line adjustment. Any road easements that are created may be required to be irrevocably offered in dedication to the County, based on the recommendation from the Department of Transportation and approval by the Department of Planning and Building.

B.

Improvements to existing utilities, roads and drainage facilities serving the lots may also be required, as determined necessary by the Department. Physical improvements shall be limited to providing resultant lots with the same availability of service as the original lots, ensuring the same level of access that the lots had before a lot line adjustment was approved.

(Code 1997, § 16.53.080; Ord. No. 4810, § 1, 2-10-2009; Ord. No. 5051, § 2, 4-18-2017)

Sec. 120.53.090. - Appeals.

A.

Any decision by the Department of the County Surveyor may be appealed by the applicant to the County Surveyor, whose decision shall be final, except for those issues involving road and public utility easements. For those excepted issues, the decision of the County Surveyor can be appealed to the Zoning Administrator subject to the timelines indicated in Subsection B of this section. The decision of the Zoning Administrator shall be final.

B.

An appeal must be filed within ten working days from the decision by the Department of the County Surveyor by completing the appeal form and submitting said form together with the applicable fee, as established by resolution of the Board of Supervisors, to the Department of the County Surveyor. The appellant shall clearly identify on the appeal form the specific reasons for the appeal. The County Surveyor shall consider all issues raised by the appellant, and may consider other relevant issues related to the lot line adjustment on appeal.

C.

The decision on an appeal shall be rendered no more than 30 days from receipt of a completed appeal form and fee. The appellant may withdraw the appeal at any time prior to the final decision being made by the County Surveyor.

D.

Final recordation of the lot line adjustment shall be stayed until the conclusion of the appeal period set forth in Subsection B of this section. A properly filed appeal shall stay the recordation of the lot line adjustment until the appeal is decided.

(Code 1997, § 16.53.090; Ord. No. 4810, § 1, 2-10-2009; Ord. No. 5162, § 6, 8-23-2022)

Sec. 120.53.100. - Time limits/expiration date.

Final recordation of the lot line adjustment must occur within one year from either the end of the appeal period, or from the final decision on an appeal, whichever comes later. Two one-year time extensions can be allowed subject to written request of the applicant, accompanied by a fee as established by the most current resolution adopted by the Board of Supervisors, and approval by the Department. Failure to record within this time will result in the expiration of the lot line adjustment.

(Code 1997, § 16.53.100; Ord. No. 4810, § 1, 2-10-2009)

Lot line adjustment approvals are not effective until recorded in the office of the County Recorder. Upon recordation of a lot line adjustment all preexisting lot lines are deemed erased by the newly recorded adjustment. Documents used to record lot line adjustments shall be submitted to the County Surveyor for review and recordation and shall include the transfer deeds that reflect the new property descriptions executed by all affected owners of record, as well as verification that real property taxes are current on all affected lots. Any existing deeds of trust shall be revised to reflect the new property descriptions and shall be approved by the beneficiaries of said deeds of trust.

(Code 1997, § 16.53.110;Ord. No. 4810, § 1, 2-10-2009)

SUBPART III. - RURAL SUBDIVISIONS CHAPTER 120.56. - IMPROVEMENT REQUIREMENTS

Sec. 120.56.010. - Applicability.

Improvement requirements for rural subdivision shall be as set forth in this chapter.

(Prior Code, § 9383(part); Code 1997, § 16.56.010)