Calaveras County Municipal Code Ch. 16.34 Lot Line Adjustments

A lot line adjustment is a change in location of the property line between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

(Ord. 2424 § 13(part), 1995: Ord. 1523 § 1(part), 1982).

A lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey is required for a lot line adjustment unless required for a lot line adjustment unless required by Section 8762 of the California Business and Professions Code.

(Ord. 2424 § 13(part), 1995).

A lot line adjustment may be considered as a merger and resubdivision of land in accordance with Government Code Section 66499.20 1/2 of the Subdivision Map Act, and a parcel map may be submitted for that purpose.

(Ord. 2424 § 13(part), 1995: Ord. 1523 § 1(part), 1982).

A. A lot line adjustment shall be permitted for the merger and any subsequent resubdivisions of parcels of land into a lesser number of parcels and a parcel may shall be filed for that purpose.

B. For parcels located in subdivisions for which there are mandatory assessments for homeowners' associations, mutual water companies or common facilities, the applicant shall, prior to submittal of the parcel map, either execute a document in favor of the association, mutual water company or other appropriate entity indicating that required assessments for each previously existing parcel shall be maintained, or submit a letter from any such entity waiving this requirement.

C. If the merger or resubdivision into a lesser number of parcels is submitted for approval within two years of the recordation of a final or parcel map which encompasses the same map area, or a portion of the same area, the subdivider may request a partial refund of the in-lieu county road improvement payment equal to the in-lieu payment per parcel multiplied by the difference between the original number of parcels and the proposed number of parcels encompassed within the boundaries of the original map. No refund will be made if the funds have been encumbered for road improvements prior to the submittal of the new map.

(Ord. 2424 § 13(part), 1995: Ord. 1651 § 1, 1984).

A parcel map allowed by this chapter shall comply with all provisions governing processing, form, content and monumentation for parcel maps as required by the Subdivision Map Act and this title except that:

A. A tentative map shall not be required.

B. The parcel map checking fee for lot line adjustment shall be the same as that for a record of survey.

(Ord. 2424 § 13(part), 1995: Ord. 1523 § 1(part), 1982).

When required by Section 8762 of the Business and Professions Code, a record of survey or parcel map for lot line adjustment shall be submitted based on field survey in conformance with the Land Surveyor's Act. Monumentation shall be provided at the terminus and every angle point, including P.C.'s and P.R.C.'s in the new boundary line.

(Ord. 2424 § 13(part), 1995: Ord. 1523 § 1(part), 1982).

A. Applicants for a lot line adjustment shall submit a completed application to the county surveyor's office. Applicants shall also submit at the time of application:

1. An application fee as established by resolution of the board of supervisors;

2. Documentary proof of the existence of the line or parcels to be adjusted, to the satisfaction of the county surveyor;

3. When found necessary by the county surveyor, an up-to-date preliminary title report covering all parcels affected shall be submitted;

4. An eight and one-half by eleven inch drawing of the proposed lot line adjustment that adequately shows the following:

a. Existing boundaries of all affected parcels,

b. Proposed boundaries,

c. Location of all wells, septic tanks, leach fields, structures, easements, roads, fences and other significant topographic features,

d. Drawing shall be to scale and show approximate distances of all lines,

e. Estimated area of all affected parcels.

B. The county surveyor will transmit copies of the application to the planning department and building department and, on receipt of written recommendations from said departments, the county surveyor shall transmit to the applicant or authorized agent a notice of determination either approving, conditionally approving or denying the application. Upon approval or conditional approval of the application, the applicant may proceed to completion of the lot line adjustment under the applicable provisions of this chapter.

C. Prior to the recordation of the deed, parcel map or record of survey map to complete the lot line adjustment, payment of real property taxes to the satisfaction of the county tax collector shall be required. Whenever the parcels effected by the lot line adjustment are subject to a special assessment or bond which may be paid in full. Said assessment or bond shall be paid in full or the owners of the affected parcels shall file with the county surveyor and county tax collector a certificate prepared by the clerk of the legislative body that created the assessment district. The certificate shall certify that the legislative body has determined that provision has been made for segregation of the responsibility of each of the newly adjusted parcels for a portion of the assessment payment obligation in the manner provided in the statute pursuant to which the assessments were levied or to which the bonds were issued.

D. The county surveyor may waive any of the submittal requirements, or require such at the time of recordation. The application approval shall remain valid for one year from the date of the county surveyor's notice of determination granting approval or conditional approval.

E. In the event that the lot line adjustment may be completed without a record of survey, the county surveyor may hold the notice of determination until all requirements of subsection (C) of this section have been met.

(Ord. 2424 § 13(part), 1995: Ord. 1523 § 1(part), 1982).