Chapter 17 — SUBDIVISION REGULATION
Article IV — FINAL MAP
Lake County Municipal Code · 2026-09 edition · updated 2026-10-02 · Lake County
Sec. 17-10. - Final Map.¶
10.1 Within twenty-four months after approval or conditional approval of the tentative…¶
subdivider may cause the subdivision, or any part thereof, to be surveyed and a final map to be prepared in accordance with the tentative map as approved, or conditionally approved. Streets and easements needed for access to any such part shall be shown on or with the final map, and dedicated if required.
(Ord. No. 664, § 5.15, 1971; Ord. No. 1234, § 1, 3-23-82)
10.2 Upon application of the subdivider filed prior to the expiration of the approved…¶
approved tentative map, the time at which the map expires may be extended by the Board of Supervisors
after review and recommendation of the Planning Commission for a period or periods not exceeding a total of three (3) years.
(Ord. No. 1234, § 1, 3-23-82; Ord. No. 1287, § 1, 11-30-82)
10.3 Any failure to record a final map within twenty-four months from the approval or…¶
of the tentative map, or any extension thereof granted by the Board, shall terminate all proceedings. Before a final map may thereafter be recorded, a new tentative map shall be submitted and approved.
(Ord. No. 664, § 5.15, 1971; Ord. No. 1234, § 1, 3-23-82)
Sec. 17-11. - Final Map Form.¶
11.1 The final plan or map shall be made to a minimum scale of 100 feet to the inch,…¶
sheet if necessary to furnish the desired space. The original shall be drawn in black ink tracing cloth or Polyester base film of good quality. The size of the sheets shall be 18″ x 26″. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch.
(a)
Each sheet shall be numbered, and the total number of sheets comprising the map shall be shown on each of the sheets and the relation of one sheet to another clearly shown. If more than two sheets are necessary for the mapped portion, an index map shall be required.
(b)
The title sheet shall contain the title, consisting of the name of the tract. Such name shall not be the same as the name of any existing city, town, tract or subdivision of land into lots in Lake County, of which a map or plot has been previously recorded, or so nearly the same as to mislead the public or cause confusion as to identity thereof. A subtitle shall include a general description of all of the property being subdivided, by reference to maps which have been previously recorded or by reference to the plat of a United States survey. In case the property included with the subdivision lies wholly in unincorporated territory, the following words shall appear below the title: "In the County of Lake"; if partly in an unincorporated territory and partly in an incorporated city, the following words shall be used: "lying within and adjoining the City of ___________." Reference to tracts and subdivision in the description must be worded identically with original records, and references to book and page of record must be complete. Every sheet comprising the map shall bear the tract name, scale, north point, legend, sheet number and number of sheets comprising the map, and shall be clearly noted on each sheet of the map portion.
(c)
Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously noted with the statement, "The Purpose of this Map is a Reversion to Acreage."
(Ord. No. 664, § 5.16, 1971; Ord. No. 1165, § 10, 11-4-80)
Sec. 17-12. - Certificates.¶
12.1 The following certificates and acknowledgements and all others now or hereafter…¶
appear on the title sheet of final map. Such certificates may be combined where appropriate.
(Ord. No. 664, § 5.16.4, 1971)
(a)
Owner's Certificate. A certificate, signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recordation of said map.
(b)
Dedication Certificate. A certificate signed and acknowledged as above offering for dedication for public use those certain parcels of land which said parties desire to or may be required to dedicate. All streets, and all parcels intended for any public use, shall be offered for dedication, except those streets and parcels intended for the exclusive use of lot owners in the subdivision, their licenses, visitors, tenants and servants. An offer of dedication for street or highway purposes may include a waiver of direct access rights to any such street or highway from any property shown on the final map, and such waiver may be required as a condition of approval of the final map.
(c)
Engineer's Certificate. A certificate by the civil engineer or licensed surveyor responsible for the survey and final map. The signature of such civil engineer or surveyor unless accompanied by his seal, must be attested by notary.
(d)
A certificate for execution by the County Surveyor.
(e)
A certificate for execution by the Clerk of each approving governing body, which certificate may include statement of approval of bond or other securities guaranteeing payment of tax liens.
(f)
A certificate for execution by the County Recorder.
(g)
A certificate for execution by the Chairman of the County Planning Commission, stating that the map is in substantial conformity with the approved, or conditionally approved, tentative map.
(Ord. No. 664, § 5.16, 1971)
Sec. 17-13. - Final Map-Data Required.¶
13.1 The final map shall show the following:¶
(Ord. No. 664, § 5.17, 1971)
(a)
The final map shall particularly define and designate all lots or parcels, including those reserved for private purposes, all parcels offered for dedication for any purpose, with all dimensions, boundaries, and courses clearly shown and defined in every case. No ditto marks shall be used. Parcels offered for dedication but not accepted shall be designated by letter, and streets to be offered (but not to be accepted) for dedication shall bear the words "Private Roads".
(b)
The map shall show clearly what stakes, monuments adjoining corner of the subdivision, or other evidences were found on the ground to determine the boundaries of the tract. The adjoining corners of all adjoining subdivisions shall be identified by lot and block number, tract designation, and place of record, or by section, township, and range, or other proper designation.
(c)
The map shall show all information, data, and monuments necessary to locate and retrace any and all exterior boundary lines, and lot and block lines. It shall also show bearings and distances of straight lines and radii, central angle and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves, bearings and tangent distances and radii, central angle, and arc lengths of all lots. Where streets intersect on curves, center line lengths, radii and deltas, and center line intersection points shall be shown.
(d)
Wherever the County Road Commissioner or City Engineer has established the center line of a street or alley, the data shall be shown on the final map, indicating all monuments found, and making reference to a field book or map. If the points were reset by ties, the fact shall be stated.
(e)
The map shall show all references to adjoining boundaries or subdivisions, with the necessary ties.
(f)
The map shall show the line of water resulting from a 100 year storm if the subdivision is adjacent to a stream, channel, or any body of water and shall also show any area, subject to periodic inundation. This line shall be a line of definite elevation based on mean sea level datum, and in addition shall be referenced to the Rumsey Gauge if any property shown on the map is affected by the fluctuations of Clear Lake.
(g)
The boundary of the tract shall be designated by a 1/16 inch border of transparent orange color applied on the reverse side of the tracing and outside the boundary line. Such border shall not obliterate figures or other data.
(h)
Block designations shall be by letter. Lot numbers shall continue consecutively throughout the block, with no omissions or duplications. All letters and figures shall be conspicuous and solid. They shall not obliterate dimensions or courses.
(i)
The total width of all streets shall be shown, as well as the widths of rights-of-way for flood control or drainage channels, and any other rights-of-way.
(j)
The map shall show all easements of record, or easements to be recorded, to which the lots will be subject. The easements must be clearly labeled and identified and if already of record, the recorded reference be given. If any easement is not definitely located of record, a statement of such easement must appear on the title sheet. Easements for storm drains, sewers, and other purposes shall be clearly defined. Distances and bearings on the side lines of lots which are cut by an easement must be so shown that the map will indicate clearly the actual lengths of the lot lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown.
(k)
Each street shall be named. In order to avoid duplication, names to be used for new streets shall be subject to the approval of the County Surveyor. If any designations be numbers, they shall be spelled out completely, using hyphens in such forms as "Twenty-third Street." The words "Avenue," "Boulevard," "Place," etc., shall be spelled out in full. Names of newly dedicated portions of streets shall be shown in or arrowed to the dedicated portion.
(l)
Wherever the County Surveyor has established a system of co-ordinates then the survey shall be tied into such system.
(m)
Sufficient data must be shown to readily determine the bearing and length of every lot line, block line and boundary line. Dimensions of lots shall be given as the net dimensions to the boundaries of adjoining streets. No ditto marks shall be used. Lots containing one-half acre or more shall show net acreage to nearest hundredth. Length, radius and total delta and radial bearings of all curves shall be shown.
(n)
The map shall show the location and depth (whether above, below, or flush with the surface of the ground) of all monuments found in making the survey of the subdivision.
(o)
Any private restrictions as recorded shall be shown on the plat or reference to them thereon; and the plats shall contain proper acknowledgment of owners accepting said platting and restrictions.
(p)
City boundaries which adjoin the subdivision shall be clearly designated and located in relation to adjacent lot or block lines. No lot shall be divided by a city boundary line.
(q)
Title sheet shall indicate where vehicular access rights have been surrendered on Arterial and Collector streets.
(r)
Each lot, each parcel, and if possible each block shall be shown entirely on one sheet.
(s)
When a soil report has been prepared, this fact shall be noted on the Final Map, together with the date of the report and the name of the engineer making the report.
(Ord. No. 791, § 1, 3-19-74)
Sec. 17-14. - Additional Material.¶
14.1 The following additional material shall be submitted with the final map:¶
(Ord. No. 664, § 5.18, 1971)
(a)
Guarantee of Title. The subdivider shall furnish to the County a guaranty of title, or letter from a competent title company, certifying that the names of all persons whose consent is necessary to convey a clear title to the land being subdivided and all acknowledgments thereto appear on the proper certificates and are correctly shown on said map, both as to consents as to the making thereof and affidavits of dedication where necessary. Such guaranty shall be issued for the benefit of the County of Lake and protection of the Board of Supervisors, and shall be continued complete up to the instant of recording.
(b)
Improvement Agreement. The subdivider shall file an agreement for all improvements and monuments as herein required and shall secure the performance thereof by depositing with the Clerk of the Board of Supervisors security as prescribed in Section 66499 of the Government Code to guarantee the performance of any act or agreement in the following amounts:
(1)
A faithful performance subdivision improvement security of one hundred percent (100%) of the total estimated cost of the improvement.
(2)
A labor and materials security of fifty percent (50%) of the total estimated cost of the improvements.
Eighty-five percent (85%) of the faithful performance subdivision improvement security shall be released upon completion and acceptance of the work required under the agreement for the guarantee and warranty of said work. The remaining fifteen percent (15%) of the faithful performance subdivision improvement security shall continue in effect for a period of one year following the completion and acceptance of said work. There shall be no reduction in the amount of any bonds or instrument of credit unless said reduction is approved by the Board of Supervisors after a report and recommendation by the Director of Public Works and County Surveyor.
In lieu of the procedure set forth above, the Board of Supervisors may require the subdivider to enter into an agreement as provided for by Section 66462 of the Government Code and all other laws applicable thereto.
(c)
The developer shall file a request for a method of reimbursement on proposed off-site improvements that benefit properties other than his own and such method of reimbursement shall be included in the subdivision agreement approved by the Board.
(d)
Any agreement shall also provide for inspection of all improvements by the Director of Public Works, and reimbursement to the County for the cost of such inspection by the subdivider as set out in Section 28.3. Improvement inspection services provided by any other County official (other than specified herein) shall be paid on the basis of cost of such services at the time of completion of said services.
(Ord. No. 791, § 1, 3-19-74; Ord. No. 1165, § 9, 11-4-80)
Sec. 17-15. - Taxes.¶
15.1 Prior to the filing of the Final Map the subdivider shall file with the Clerk of…¶
certification from the official computing redemptions, showing that according to the records of his office there are no liens against the subdivision or any part thereof for unpaid State, County, Municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable.
(Ord. No. 664, § 5.18, 1971)
15.2 As to taxes or special assessments collected as taxes not yet payable, the…¶
the Clerk of the County of Lake a certificate by each proper officer, giving his estimate of the amount of taxes and assessments which are a lien but which are not yet payable.
(Ord. No. 664, § 5.18, 1971)
15.3 Whenever any part of the subdivision is subject to a lien for taxes, or special…¶
taxes, which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the Board of Supervisors a good and sufficient bond to be approved by the Board and by its terms made to inure to the benefit of the County and conditioned upon the payment of all state, county, municipal, and local taxes and all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable. In lieu of a bond, a deposit may be
made of money or negotiable bonds in such amount, and of the kind approved for securing deposits of public money, with the approval of the Board of Supervisors of said County.
(Ord. No. 664, § 5.18, 1971)
15.4 A flood hazard report shall be filed in the manner outlined by the County Flood…¶
Conservation Managers.
(Ord. No. 664, § 5.18, 1971)
15.5 Such prepared resolutions as are required by State Statutes shall be filed for…¶
Supervisors.
(Ord. No. 664, § 5.18, 1971)
15.6 Such necessary permits and approvals by the State Lands Division that may be…¶
improvements which encroach on the navigable waters of Clear Lake.
(Ord. No. 664, § 5.18, 1971)
Sec. 17-16. - Completion.¶
16.1 A final map shall be considered complete for filing when it complies with Sections…¶
and is accompanied with the statements, agreements and security required. No final map shall be considered acceptable for filing with the County Clerk until the final maps comply with all the requirements of this Chapter, and a title report, a copy of any proposed deed restrictions, and an improvement agreement have been submitted, reviewed and approved by the District Attorney and Director of Public Works and are ready for submission to the Board of Supervisors.
(Ord. No. 664, § 5.19, 1971; Ord. No. 791, § 1, 3-19-74)
Sec. 17-17. - Filing.¶
17.1 The subdivider shall also file the following with the County Clerk:¶
(Ord. No. 664, § 5.20, 1971)
(a)
Twenty blue line copies, original tracing on linen or Polyester base film of good quality; boundary traverse map, approved; improvement plans; and a checking fee as set by Resolution of the Board of Supervisors for such detailed examination of Final Maps and field checking as may be necessary for the County Surveyor to make his required certification, together with the necessary recording fee.
(b)
The approved title guarantee, deed restrictions, improvement agreement, recording fee and bond adequate to cover all required improvements, if not previously filed.
17.2 Time for Filing.¶
The final map, along with all statements, certificates and other material required by this
Chapter, shall be filed with the Clerk of the Planning Commission not less than fourteen (14) working days prior to the meeting of the Planning Commission at which approval is expected.
(Ord. No. 664, § 5.21, 1971)
17.3 Distribution.¶
The Clerk of the Planning Commission shall transmit the final map and two prints to the
County Surveyor, four prints to the Director of Public Works, one print to the County Health Department, five prints to the County Clerk, and one copy to each serving public utility.
(Ord. No. 664, § 5.22, 1971; Ord. No. 791, § 1, 3-19-74)
Sec. 17-18. - Approval.¶
18.1 Department Approvals.¶
The following functions shall be acted upon within thirty (30) working days
from the time of filing of the map:
(Ord. No. 664, § 5.23, 1971)
(a)
The County Surveyor shall examine the final map. If he shall determine that the surveys are correct and that said map is technically correct, substantially conforms to the tentative map and any approved alteration thereof, and to the provisions of this Chapter and the State law, he shall so certify on said map and transmit the same to the Planning Commission. If he shall find that full conformity has not been made, he shall so advise the subdivider's Engineer or Surveyor in writing and afford him an opportunity to make the necessary changes.
(b)
The Planning Commission shall examine the final map. If it shall determine that the map substantially conforms to the approved tentative map and any condition imposed thereon, the Chairman shall so certify on said map, and the approved map shall then be transmitted to the County Surveyor's Office.
18.2 When filing is completed and approved as outlined, the County Surveyor shall…¶
linen to the Board of Supervisors and the County Clerk shall transmit all accompanying statements, agreements, cash and/or bonds or instrument of credit required (and the recording fee) to the Board of Supervisors for consideration.
(Ord. No. 664, § 5.24, 1971)
18.3 Approval by Board of Supervisors.¶
The Board of Supervisors at its next meeting, or within ten (10)
days after the presentation of the above material by the County Surveyor and the County Clerk, shall consider said map, the plan of subdivision and the offers of dedication. The Board shall accept; accept subject to improvement; or reject, any or all offers of dedication, or require dedication of all proposed streets and easements. If improvements required under the terms of this Chapter or by law have not been completed, the Board of Supervisors shall provide for such improvements by approving an agreement with the subdivider for posting a bond or cash deposit as provided herein, or require the subdivider to enter into a contract with the County upon mutually agreeable terms to hereafter initiate and consummate
proceedings under an appropriate special assessment act for the financing and installation of all required improvements; date of completion of improvements proposed shall be indicated on the title sheet of the final map. When the agreement and bond or cash deposit, or contract, have been approved by the District Attorney as to form, and by the County Surveyor and Director of Public Works or Board of Supervisors as to sufficiency, the Board shall consider the final map.
(Ord. No. 664, § 5.25, 1971; Ord. No. 791, § 1, 3-19-74)
(a)
After the Board of Supervisors shall determine that said map is in conformity to the requirements of this Chapter, it shall approve said map by resolution. In case the Board of Supervisors shall determine that said map is not in conformity with the requirements of this Chapter, it shall disapprove said map, specifying reasons therefor and advising the subdivider or his representative of such disapproval. Within ninety (90) days thereafter the subdivider shall file with the County Clerk a map altered to meet with approval of the Board of Supervisors and shall conform with the procedures specified herein.
(Ord. No. 664, § 5.26, 1971)
(b)
The time limit for the approval of the final map may be extended by mutual consent of the subdivider and the Board of Supervisors.
(Ord. No. 664, § 5.26, 1971)
Sec. 17-19. - Recording.¶
19.1 The County Surveyor, after approval by the Board of Supervisors and after…¶
been affixed, shall transmit the final map, accompanied by the necessary recording fee, to the County Recorder. No map shall have any force or effect, until it has been approved by the Board of Supervisors and no title to any property described in any offer of dedication shall pass until recordation of the final map. No building permit relating to any lot or parcel shown on said map shall be issued until recordation of the final map.
(Ord. No. 664, § 5.27, 1971)
Sec. 17-20. - Reversions to Acreage by final Map.¶
Subdivided property may be reverted to acreage pursuant to provisions of this section.
20.1 Initiation of Proceedings by Owners.¶
Proceedings to revert subdivided property to acreage may be
initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the Planning Department. The petition shall contain at least the information required by Section 20.3 and such other information as required by the Planning Department.
(Ord. No. 1290, § 1, 1-4-83)
20.2 Initiation of Proceedings by Board of Supervisors.¶
The Board of Supervisors, at the request of any
person or on its own motion may by resolution initiate proceedings to revert property to acreage. The Board of Supervisors shall direct the Planning Director to obtain the necessary information to initiate and conduct the proceedings.
(Ord. No. 1290, § 1, 1-4-83)
20.3 Data for Reversion to Acreage. Petitioners shall file the following:¶
(a)
Evidence of title to all real property within the subdivision; and
(b)
Evidence of the consent of all of the owners of an interest(s) in the property; or
(c)
Evidence that none of the improvements required to be made have been made within two (2) years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or
(d)
Evidence that no lots shown on the final or parcel map have been sold within five (5) years from the date such final or parcel map was filed for record.
(e)
A final map in the form prescribed by Section 17-11 which delineates dedications which will not be vacated and dedications required as a condition to reversion.
(Ord. No. 1290, § 1, 1-4-83)
20.4 Fees.¶
Petitions to revert property to acreage shall be accompanied by a fee as established by
resolution of the Board of Supervisors. If the proceedings are initiated pursuant to Section 20.2, the person or persons who requested the Board of Supervisors to initiate the proceedings shall pay a fee as established by resolution of the Board of Supervisors.
(Ord. No. 1290, § 1, 1-4-83)
20.5 Proceedings Before the Board of Supervisors.¶
A public hearing shall be held before the Board of
Supervisors on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 8.8 of this Chapter. The Planning Director may give such other notice that he deems necessary or advisable. The Board of Supervisors may approve a reversion to acreage only if it finds and records in writing that:
(a)
Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
(b)
Either:
(1)
All owners of an interest in the real property within the subdivision have consented to reversion; or
(2)
None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or
(3)
No lots shown on the final or parcel map have been sold within five (5) years from the date such map was filed for record.
The Board of Supervisors may require as conditions of the reversion:
(1)
The owners dedicate or offer to dedicate streets or easements.
(2)
The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this Chapter.
(Ord. No. 1290, § 1, 1-4-83)
20.6 Return of Fees, Deposits; Release of Securities.¶
Except as provided in Section 20.5, upon filing of the
final map for reversion of acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the Board of Supervisors.
(Ord. No. 1290, § 1, 1-4-83)
20.7 Delivery of Final Map.¶
After the hearing before the Board of Supervisors and approval of the reversion,
the final map shall be delivered to the County Surveyor for recordation with the County Recorder together with the required recording fee.
(Ord. No. 1290, § 1, 1-4-83)
20.8 Effect of Filing Reversion Map with the County Recorder.¶
Reversion shall be effective upon the final
map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect.
(Ord. No. 1290, § 1, 1-4-83)
Editor's note— Section 17-20, reversion to acreage, was substantively amended by Ord. No. 1290, § 1, adopted Jan. 4, 1983. Prior to amendment, § 17-20 derived from Ord. No. 644, § 5.28, 1971.
Sec. 17-20A. - Reversion to Acreage by Parcel Map.¶
20A.1 [Scope.] Property previously subdivided consisting for four or less contiguous parcels under the same ownership may be reverted to acreage pursuant to the provisions of this Section.
(Ord. No. 1290, § 2, 1-4-83)
20A.2 Initiation of Proceedings. Proceedings shall be initiated by petition of the owners of the property. The petition shall be on a form prescribed by the Planning Department and shall be accompanied by:
(a)
Evidence of ownership.
(b)
Evidence of nonuse or lack of necessity of any streets or easements to be vacated or abandoned.
(c)
A parcel map in a form prescribed by Section 66444 of the Government Code which delineates any streets or easements which are to be left in effect. In addition the parcel map shall contain a certificate thereon signed and acknowledged by all parties having any record title interest in the property that the parties consent to the preparation and recordation of the parcel map in accordance with Section 66436 of the Government Code.
(d)
Such other information as required by the Planning Department.
(e)
A fee in amount established by resolution of the Board of Supervisors.
(Ord. No. 1290, § 2, 1-4-83)
20A.3 Proceedings. A public hearing shall be held before the Planning Commission on the petition. Notice thereof shall be given as provided in Section 8.8 of this Chapter. Additional notice may be given as deemed necessary or advisable by the Planning Director. The Planning Commission shall approve the petition if it is satisfied that the best interests of the public is served by the reversion.
(Ord. No. 1290, § 2, 1-4-83)
20.4 Parcel Map.¶
After the hearing before the Planning Commission and approval of the reversion, the
parcel map shall be delivered to the County Surveyor for recordation with the County Recorder together with the required recording fee.
(Ord. No. 1290, § 2, 1-4-83)
20.5 Effect of Filing Parcel Map.¶
The recording of the parcel map shall constitute a legal reversion to
acreage of the land, abandonment of all streets and easements not shown on the parcel map, and a merger of the separate parcels into one parcel and shall be shown as such on the assessment roll.
(Ord. No. 1290, § 2, 1-4-83)
Sec. 17-20B. - Voluntary Merger of Contiguous Parcels.¶
20B.1 [Scope.] Two or more contiguous parcels or units of land under common ownership which have been created under the provisions of this chapter or any prior law regulating the division of land or which were not subject to such provisions at the time of their creation may be merged without reverting to acreage pursuant to the provisions of this section.
(Ord. No. 1334, § 1, 7-5-83)
20B.2 Initiation of Proceedings. Proceedings shall be initiated by petition of the owner(s) of the property. The petition shall be on a form prescribed by the Planning Department and shall be accomplished by:
(a)
Adequate evidence of ownership of the subject property.
(b)
A legal description for each resulting parcel proposed by the application.
(c)
A waiver of notice form signed and acknowledged by each record owner.
(d)
A certificate which is prepared according to the standards of Government Code § 66436 signed and acknowledged by all parties having any record title interest in the real property proposed to be merged consenting to the preparation and recordation of the Notice of Merger.
(e)
Such other information as required by the Planning Department.
(f)
A fee in amount established by Resolution of the Board of Supervisors.
(g)
Proof that the requirements of Sections 66492 through 66494 of the Government Code have been met by actual payment of any delinquent taxes, current taxes, or any taxes or assessments due in the future which have accrued but are not yet due on the properties subject to the merger, and documentation that any
required maps, plats, diagrams, or applications to facilitate apportionment of taxes or assessments due in the future or which have accrued but are not yet due have been submitted to the appropriate County departments.
(h)
Documentation that any financing or ownership of the land to be merged, shall include all of the parcel to be merged.
(Ord. No. 1334, § 1, 7-5-83; Ord. No. 2150, § 1, 4-20-93)
20B.3 Proceedings. Upon receipt of a complete petition to merge and all necessary accompanying information, the Planning Director shall cause a Notice of Merger to be filed with the County Recorder within thirty (30) days. However, all proceedings shall terminate and no merger occur upon receipt of a written request withdrawing the petition by any owner of an interest in the real property to be merged or upon determination by the Planning Director that the merger will be contrary to the public health, safety, and welfare of Lake County.
(Ord. No. 1334, § 1, 7-5-83)
20B.4 Effect of Merger. The recording of the Notice of Merger shall constitute a merger of the separate parcels or units of land into one (1) parcel for purposes of this Chapter by operation of law and shall be shown as such on the Assessment Roll. Such merger shall have no effect on streets, easements, or any dedications or offers of dedications or any other recorded interest.
(Ord. No. 1334, § 1, 7-5-83)
20B.5 Appeals.
5.1
Administrative Action. Any person aggrieved by any action of the Planning Director under the provisions of this Section may appeal such action to the Planning Commission.
5.2
Planning Commission Action. Any action or determination of the Planning Commission may be appealed to the Board of Supervisors.
5.3
Filing Requirements. Appeals shall be addressed to the appellate body, in writing, and shall state the basis of the appeal. Appeals shall be filed in the Planning Department not later than five o'clock PM of the fifth working day following the date of the action from which the appeal is taken. Appeals shall be accompanied by the filing fee as specified in the resolution of the Board of Supervisors establishing fees for subdivisions.
5.4
Procedure and Time Limits. Appeals shall be governed by the procedures and time limits as set forth in Government Code Section 66452.5 except as expressly provided herein. For the purposes of this Article
"appeal board" shall mean the Planning Commission and "legislative body" shall mean the Board of Supervisors. Both the Planning Commission and the Board of Supervisors on appeal may sustain, modify, reject or overrule any action of the Planning Director or the Planning Commission.
(Ord. No. 1334, § 1, 7-5-83)
Sec. 17-21. - Division of Land (Parcel Maps).¶
21.1 The Planning Commission shall have all the powers and duties given to or specified…¶
Subdivision Committee in this Chapter. The Planning Commission should consider the comments of the following persons or departments prior to taking action: The County Public Works Director or his designated representative; the County Health Officer or his designated representative; the Lake County Fire Chief's Association's representative; the Resource Conservation District's representative; and any other County department or agency the Planning Commission deems necessary.
(Ord. No. 701, § 2, 1972; Ord. No. 1002, § 1, 2-27-82; Ord. No. 1073, § 1, 5-8-79; Ord. No. 1241, § 3, 4-20- 82)
21.2 Tentative maps and final Parcel Maps, as set out in the Subdivision Map Act, shall…¶
filed with the County Surveyor, as required by this Section, to accomplish any division of land.
(Ord. No. 664, § 6.2, 1971)
21.3 Division of land by this Section shall be governed as to design by Articles V and…¶
improvements by Section 17-28.
(1)
Division of land under this Section shall provide a fifty (50) foot minimum width right-of-way easement together with an irrevocable offer of dedication for access over properties outside the land covered by the Parcel Map or waiver, to the nearest public road.
(2)
Notwithstanding the provisions of Section 17-28, pertaining to road or street improvements, divisions of land under this section shall provide improved streets, roads or rights-of-way from a county or state maintained road to and within the land covered by the Parcel Map or waiver, based on the following guidelines:
(a)
Existing roads and their improvements, if any, must be preserved in addition to such work that might be required by this chapter. Should the improvement work cause damage to existing improvements, the existing improvements must be restored to their condition which existed immediately before development. The standards for improvements shall be as follows:
i.
Parcel maps creating parcels, any of which contain less than five (5) gross acres, shall be required to improve new roads to the applicable minor road standard as set forth in the adopted Road Design and Construction Standards. Should the project burden an existing improved road, the existing improved road shall be improved to the applicable minor road standard to the nearest publicly maintained road or highway. Should the existing improved road already meet or exceed the applicable minor road standard, the existing road shall be improved by the application of a chip seal or slurry seal to the nearest publicly maintained road. The chip seal or slurry seal shall not be applied until the existing surfacing has been adequately prepared. Preparation may include patching, crack sealing and/or other preparatory work required by the Director of Public Works.
ii.
Parcel maps creating parcels, all of which contain a minimum of one hundred (100) gross acres, shall not be required to construct or improve new roads, but shall provide ample dedicated right-of-way or easements that could accommodate a roadway constructed to a minor road standard. Should the project burden an existing improved road, repairs to deteriorated portions of the existing road shall be made as recommended by the Director of Public Works.
iii.
Where the land development lies in an area of the County where the general plan provides for future, more intensive development, or where street or road patterns are already established, and an increase in traffic anticipated, the Subdivision Committee may require street or road improvement to a higher standard than the applicable parcel size would ordinarily require, so as to meet the anticipated future demands.
(Ord. No. 664, § 6.3, 1971; Ord. No. 791, § 1, 3-19-74; Ord. No. 846, § 1, 7-14-75; Ord. No. 996, § 1, 1-24- 78; Ord. No. 2730, §§ 1, 2, 4-26-2005)
(3)
Parcel maps creating four (4) or fewer parcels, all of which contain a minimum of five (5) gross acres, shall be required to improve new roads to a minor road standard (<400 ADT) as set forth in the adopted Road Design and Construction Standards, except that the asphalt surfacing will not be required. Should the project have access to an existing improved road, the existing road shall be required to be improved to a minor road standard (<400 ADT) unless the improvements already meet or exceed the minor road standard (<400 ADT), in which case no additional improvements other than repair of deteriorated portions of the existing road shall be required.
(Ord. No. 2402, § 1, 6-12-97; Ord. No. 2730, § 3, 4-26-2005)
21.4 Tentative Parcel Map Information.¶
A legible, reproducible tentative map, drawn to scale on a sheet 18″
× 26″ in size shall be prepared and submitted showing:
(Ord. No. 664, § 6.4, 1971)
(a)
Name, address and phone number of record owner and person filing the map; the parcel map designation of the proposed division and the name and address of the licensed land surveyor, registered civil engineer or other qualified professional who prepared said tentative map.
(b)
Name and legal designation of tract or grant in which the division is located, and ties to adjoining streets.
(c)
Any other data necessary for the intelligent interpretation of the conditions existing and the location of recorded points, lines and areas shown, including but not limited to:
(1)
The contour of the land at intervals of one (1) foot of elevation up to five percent (5%) slope; two (2) foot intervals up to ten percent (10%) slope and five (5) foot intervals over ten percent (10%). A statement as to the degree of ground slope may be submitted, in lieu of contours, for any Division of Land into four or less parcels.
(2)
Sufficient data to determine boundaries of division accurately.
(3)
Width, location, purpose of all existing and proposed easements.
(4)
The width, grade of all streets and other right-of-way, whether proposed for dedication or existing.
(5)
The approximate radii of all curves.
(6)
The locations of areas subject to flood or inundation.
(7)
Approximate elevations of street intersections.
(8)
The location, size, and grades of proposed sewers, water lines, storm drains, storm water facilities and BMP structural source and treatment controls.
(Ord. No. 2813, § 7, 2-13-2007)
(9)
Location of all proposed fire hydrants in accordance with "Fire Protection Standards for Lake County," adopted by the Board of Supervisors.
(Ord. No. 714, § 15, 11-6-72)
21.5 Statements.¶
Accompanying the tentative map shall be the following statements by the subdivider.
(Ord. No. 664, § 6.5, 1971)
(a)
Drainage, storm water facilities, surfacing or other required improvements to be constructed by him.
(Ord. No. 2813, § 8, 2-13-2007)
(b)
Whether proposed roads, widenings or street openings are offered for separate dedication, and if so, copies of a preliminary title report on subject property shall be included.
(c)
A copy of water distribution requirements as set out by the Regional Water Quality Control Board.
(d)
Existing zoning and proposed use.
(e)
Report or waiver on soil tests and geologic report, if required by the Director of Public Works and Building Official.
(Ord. No. 791, § 1, 3-19-74)
Sec. 17-22. - Dedications.¶
22.1 Streets, easements and other parcels intended for public utility or any public use…¶
dedication. Such offer, by separate instrument, shall be filed with the tentative map, and dedications shall be completed prior to the filing of the final map.
(Ord. No. 664, § 6.6, 1971)
22.2 One reproducible tracing of the map, together with the required statements, and a…¶
amount to be set by resolution of the Board of Supervisors, shall be filed with the County Surveyor at least thirty (30) working days prior to the time at which action is expected.
(Ord. No. 664, § 6.7, 1971; Ord. No. 1175, § 1, 12-16-80)
22.3 The County Surveyor shall immediately transmit a copy of the map to each member of…¶
Committee and to each public utility serving the area of the proposed subdivision.
(a)
Any utility company concerned may make a report to the Committee as to proposed or required easements.
(Ord. No. 664, § 6.8, 1971)
22.4 If the County Surveyor finds compliance with applicable sections of this Chapter,…¶
technically correct, he shall endorse a statement on said map attesting to his examination thereof, and shall present the map to the Subdivision Committee for approval. Otherwise he shall return said map to the person who presented it, together with a statement of the changes and conditions necessary to make it conform to the requirements of this Chapter.
(Ord. No. 664, § 6.9, 1971)
22.5 The Subdivision Committee shall hold a public hearing which has been noticed in…¶
by Section 8.8 of this Chapter at which it shall determine whether the tentative map is in conformity with the provisions of law and of this Chapter, and upon this basis shall, within 50 days from the date or endorsement thereof as provided in Section 22.4 approve, conditionally approve or disapprove said map. If the Committee conditionally approves the tentative map it may require that the subdivider enter into a secured agreement to construct all or part of the required improvements. The Committee shall report such action in writing to the subdivider. Any action of the Subdivision Committee may be appealed to the Board of Supervisors, as set out in Sections 8.10 and 8.11 of this Chapter.
(Ord. No. 664, § 6.10, 1971; Ord. No. 1002, § 2, 2-27-78; Ord. No. 1165, § 11, 11-4-80)
22.6
(a)
Completion of Improvements. Whenever improvements are required to be constructed as a condition of approval of a parcel map, requirements for the construction of such improvements shall be notified by certificate on the parcel map and by recording a Covenant of Improvement Requirements. The Subdivision Committee may require that the subdivider enter into a secured agreement to construct all or part of the required improvements. The construction of such improvements shall be completed prior to subsequent issuance of a permit or other grant of approval for the development of the parcels being created or at a time specified pursuant to an agreement between the subdivider and the County.
(b)
Agreement to Improve. If, as a condition of approval of a parcel map, the subdivider has been required to enter into an agreement to construct or install improvements required under this Chapter, the subdivider shall provide a good and sufficient improvement security as defined in Section 66499 of the Government Code in the amounts required by Section 14.1(b) of this Chapter except that a bond or bonds by one or more duly authorized corporate sureties will not be accepted. The subdivider shall prepare detailed plans
and specifications of the improvements to be constructed. After said plans and specification have been approved by the Director of Public Works such plans and specifications shall be made a part of any such agreement and of the improvement security.
(c)
Covenant of improvement requirements. In addition to the Certificate of Improvements under Subsection (a) of this Section, as noticed on the parcel map, the subdivider shall execute a Covenant of Improvement Requirements to be filed in the office of the County Recorder. This will give constructive notice of the improvements required and the time of their completion.
(d)
All required improvements shall be inspected and approved by the Director of Public Works. Improvements shall be installed in accordance with the County's standards and specifications and the County's grading regulations approved by the Board of Supervisors and on file in the office of the Public Works Department.
(e)
Release of Improvement Requirements. Upon satisfactory completion of the improvements as noticed on the parcel map by the Certificate of Improvements, a request may be made to have the County File a Release of Improvement Requirements in the office of the County Recorder. The person or persons requesting the Release of Improvement Requirements to be filed shall submit such requests in writing to the Department of Public Works along with satisfactory proof that the improvements are completed. The recording of this Release of Improvement Requirements will be constructive notice to any government agency when an application for a development permit or other grant of approval for the development of any of the parcels of a parcel map is made.
(Ord. No. 664, § 6.11, 1971; Ord. No. 791, § 1, 3-19-79; Ord. No. 1165, § 12, 11-4-80)
22.7 Any dedication of any street, road, easement or other lot or parcel shall be…¶
other instrument, by the Board of Supervisors on behalf of the public.
(Ord. No. 664, § 6.12, 1971)
22.8 The time limits for acting and reporting on a Division of Land, as provided in…¶
extended upon mutual consent in writing of the person filing the map and Subdivision Committee.
(Ord. No. 664, § 6.13, 1971; Ord. No. 1002, § 3, 2-27-78; Ord. No. 1165, § 13, 11-4-80)
22.9
(a)
Within two years after the approval of the tentative map, a Parcel Map, corresponding to the approved or conditionally approved tentative map, and meeting the requirements of applicable state and local law may be prepared. Any failure to record a Parcel Map within two years from the approval or conditional approval of the tentative map, or any extension thereof as provided herein, shall terminate all proceedings and no
parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.
(b)
Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the Planning Commission for a period or periods not exceeding a total of three years. If the Planning Commission denies a subdivider's application for extension, the subdivider may appeal to the Board of Supervisors within 15 days after the Planning Commission has denied the extension.
(Ord. No. 664, § 6.14, 1971; Ord. No. 1165, § 14, 11-4-80; Ord. No. 1288, § 1, 12-14-82)
22.10
(A)
The Parcel Map shall be filed with the County Surveyor. If he finds that the Parcel Map conforms to the approved or conditionally approved tentative map, and that all required dedications have been completed and that:
(1)
All required improvements have been installed and approved; or
(2)
The subdivider has entered into a secured agreement with the County to construct all or part of the improvements and a Covenant of Improvement Requirements has been filed with the Lake County Recorder; or
(3)
If the Subdivision Committee did not require a secured agreement for all or part of the improvements that a Covenant of Improvement Requirements has been filed with the Lake County Recorder;
He shall affix his signature to the required certification.
(B)
Parcel Map Requirements.
(1)
When submitting a parcel map to the County Surveyor, two blue line prints shall be submitted, showing mathematical closures on the exterior boundary of the parcels before division, each parcel, and any easements which may be pertinent to the map.
(2)
Monuments as shown as being "set" shall comply to Sections 29.3 through 29.9.
(3)
In addition to complying with the requirements of Section 66445 of the Government Code there shall be indicated on the map the acreage or square footage for each parcel created, being shown to the nearest .01 of an acre. Square footage may be substituted on parcels less than one-half acre.
(4)
Within 60 days after the receipt of the parcel map, the County Surveyor shall examine it and notify the surveyor or engineer responsible for the preparation of the map, of any necessary corrections or changes to be made. After said correction or changes have been made, the original tracing or film may be returned to the County Surveyor, together with the appropriate recording fee, for acceptance by the County Surveyor and recordation.
(5)
When first submitted the map shall be accompanied with the map checking fee as provided for by resolution of the Board of Supervisors.
(6)
When a parcel map is submitted the provisions of Sections 66492 through 66494 of the Government Code shall be complied with and the map shall be accompanied with the certificate provided for in Section 15 of this Chapter.
(7)
Signatures. Subject to the provisions of Government Code Section 66436, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required, except however, in the case of a division of land into four or fewer parcels, where dedications or offers of dedications are not required, the certificate shall be signed and acknowledged by the subdivider only; provided, however, where a subdivider does not have a record title ownership interest in the property to be divided, the subdivider shall provide the County Surveyor with satisfactory evidence that the persons with record title ownership have consented to the proposed division.
(8)
Title Company Parcel Map Guarantee. There shall be filed with the County Surveyor a parcel map guarantee from a qualified title insurance company which guarantees that the parties named therein are the only parties having any record title interest in the land subdivided.
The County Surveyor shall notify the title company furnishing the parcel map guarantee of the date the final map will be transmitted to the County Recorder. Such notification shall be made at least 48 hours before said date. The title company shall, on said date, present to the County Recorder, pursuant to the requirements of Section 66465 of the Subdivision Map Act, a letter stating that at the time of filing of the parcel map in the office of the County Recorder, the parties consenting to such filing are all of the parties
having a record title interest in the real property being subdivided whose signatures are required by Division 2 of Title 7 of the Government Code, as shown by the records in the office of the County Recorder.
(Ord. No. 664, § 6.15, 1971; Ord. No. 676, § 1, 1971; Ord. No. 1165, § 15, 11-4-80; Ord. No. 1332, § 2, 7-5- 83)
22.11 After affixing his certificate, the County Surveyor shall present the Parcel Map…¶
Recorder for filing, together with the required recording fee.
(Ord. No. 664, § 6.16, 1971)
22.12 The Parcel Map shall be recorded prior to the sale, lease or financing of any of…¶
there. No building permit shall be issued on any proposed lots prior to the recording of said Parcel Map. Any deed of conveyance, sale or contract to sell made contrary to the provisions of this Chapter is voidable to the extent and in the same manner provided in Section 66499.32 of the Government Code.
(Ord. No. 664, § 6.17, 1971; Ord. No. 1165, § 16, 11-4-80)
22.13 Notwithstanding any other provision of this chapter, the requirement that a…¶
map be submitted to the governing body or advisory agency is hereby waived if the division of land results in the creation of four or fewer parcels or results in lots or parcels, each of which contains a gross area of forty (40) acres or more or each of which is a quarter-quarter section or larger and the governing body or advisory agency finds as follows:
(a)
The proposed division of land complies with state and local requirements as to:
(1)
Area;
(2)
Improvement and design;
(3)
Flood and water drainage control;
(4)
Appropriate improved public roads;
(5)
Sanitary disposal facilities;
(6)
Water supply availability;
(7)
Environmental protection;
(8)
Adopted general and specific plans;
(9)
Storm water;
(10)
All other requirements of the Subdivision Map Act and any applicable provisions of this chapter are met, and for parcels whose gross area is less than forty (40) acres or a quarter-quarter section that adequate monumentation exists so that an engineer or surveyor may readily determine the lot boundaries.
(Ord. No. 707, § 2, 1972; Ord. No. 1135, § 1, 3-4-80; Ord. No. 2813, § 9, 2-13-2007)
(b)
That no further division of land is contemplated pursuant to this section which would in effect evade the Subdivision Regulations of the County of Lake. For the purposes of this section such determination may be based on, but is not limited to, the following factors:
(1)
Location and character of land;
(Ord. No. 707, § 2, 1972)
(2)
Relationship of parties;
(Ord. No. 707, § 2, 1972)
(3)
Quality or quantity of consideration for the transfer of land;
(Ord. No. 707, § 2, 1972)
(4)
Amount of land to be transferred;
(Ord. No. 707, § 2, 1972)
(5)
Amount of land to be retained;
(Ord. No. 707, § 2, 1972)
(6)
Present use of land;
(Ord. No. 707, § 2, 1972)
(7)
Proposed use of land;
(Ord. No. 707, § 2, 1972)
(8)
Suitability of land for particular uses;
(Ord. No. 707, § 2, 1972)
(9)
Other similar factors as the governing body or advisory agency deems significant.
(Ord. No. 707, § 2, 1972)
22.14 Waiver of the requirement for a tentative and final parcel map pursuant to…¶
Chapter shall be by permit granted upon application in writing to the Subdivision Committee of the County of Lake as the same is defined by Section 21.1 of the Subdivision Chapter of the County of Lake and determination by the said Committee pursuant to the terms of this section. Such permit shall adequately describe the land to be affected, the parties to the proposed division, the proposed use to be made of such land, and that pursuant to Government Code Section 66428 and this section the requirements for a tentative and final parcel map are thereby and therefore waived. Said application shall be considered at a public hearing which has been noticed in the manner provided by Section 8.8 of this Chapter.
(Ord. No. 707, § 2, 1972; Ord. No. 1165, § 17, 11-4-80)
22.15 Any interested party who disapproves of the finding of the said Committee may…¶
Appeal to the said Committee, other interested parties, and the Board of Supervisors of the County of Lake. The Clerk of said Board shall then set a time for a public hearing, give notice as provided in Section 8.8 of this Chapter and the matter shall thereupon be heard and reviewed by the said Board whose decision shall be final.
(Ord. No. 707, § 2, 1972; Ord. No. 1165, § 22, 11-4-80)
22.16 Reserved.¶
Editor's note— Ord. No. 1028, adopted July 3, 1978, repealed § 17-23(22.16) which pertained to a fee of fifty dollars to accompany an application for waiver of parcel maps which was derived from Ord. No. 723, §
1, adopted Dec. 11, 1972.
22.17 Lot line adjustment.¶
(a)
A lot line adjustment between four or fewer adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, may be approved by the Community Development Director or the Planning Commission as provided herein.
(Ord. No. 2583, § 1, 1-22-2002)
(b)
Application.
(1)
An applicant seeking a lot line adjustment shall submit an application to the Planning Division including the following:
(i)
Completed standard Planning Division application forms.
(ii)
Adequate evidence of ownership of the subject property, including all lien holders, in the form of a preliminary title report with a provision for a date down, prepared by a title company.
(iii)
A legal description for each resulting parcel and the area to be adjusted proposed by the application, prepared by a licensed surveyor or qualified civil engineer, subject to review and approval by the County Surveyor.
(iv)
A waiver of notice and consent form signed and acknowledged by all lien holders and other parties holding record title interest in the property proposed to be adjusted consenting to the lot line adjustment, according to the standards of Government Code Section 66436.
(v)
A map, to accurate scale, showing the existing and proposed property lot lines, area to be exchanged, existing parcel areas prior to adjustment, resulting parcel areas after adjustment, location of all existing structures, including septic systems, leach line replacement areas, wells, access driveways, utilities, and easements.
(vi)
Any applicable processing fee as established by the Board of Supervisors.
(vii)
Other pertinent information required by the Community Development Director.
(2)
Upon completion of review of legal descriptions by the County Surveyor, the applicant shall submit for review a copy of the draft deed(s) to effectuate the adjustment.
(c)
Action on Lot Line Adjustment.
(i)
Each of the parcels resulting from the lot line adjustment conforms to the Lake County General Plan, and any applicable zoning and building ordinances and, except in the case where one or more adjoining recorded legal lots are of less area than required by Chapter 21 of the County Code, said adjustment may be approved so long as any reduction or increase in lot size will not result in any loss or increase in development potential that would be inconsistent with the Lake County General Plan.
(Ord. No. 2583, § 2, 1-22-2002)
(ii)
The lot line adjustment will not result in any development inconsistent with the Lake County Zoning Ordinance, or Building Ordinances.
(iii)
The lot line adjustment will not result in increased development potential or impact surrounding properties.
(2)
Proposals for lot line adjustments which are determined by the Community Development Director to be complete, but which the Community Development Director determines may result in increased development potential and/or impacts to surrounding properties, shall be given public notice by the Community Development Director in the following manner:
(i)
Not less than ten (10) calendar days prior to the proposed approval, written notice of the proposed approval of a lot line adjustment shall be given by mail or delivery by the Community Development Director to all owners shown on the last equalized assessment roll as owning real property within a three hundred (300) foot radius of the exterior boundaries of the lots proposed for the lot line adjustment. Said notice shall also be published one time in at least one newspaper of general circulation within the county at least ten (10) days prior to the proposed date of approval.
(ii)
The written notice shall declare the intent of the Community Development Director to approve the lot line adjustment if no written request for hearing is filed with the Planning Division within ten (10) calendar days of the date of mailing.
(iii)
If no request for hearing is filed with the Planning Division, the lot line adjustment may be approved by the Community Development Director without a public hearing. If a hearing is requested, the Community Development Director may proceed to give notice as provided for in Section 17-8.8 of this Chapter for a hearing before the Community Development Director, or the Community Development Director may require that the lot line adjustment be heard by the Planning Commission if significant alterations to the lots are proposed, if a significant change in the development potential will occur as a result of the adjustment, or if significant controversy exists regarding the proposed adjustment.
(3)
The Community Development Director or the Planning Commission may approve or conditionally approve a lot line adjustment if it finds the following:
(i)
Each of the parcels resulting from the lot line adjustment conforms to the Lake County General Plan, and any applicable zoning and building ordinances and, except in the case where one or more adjoining recorded legal lots are of less area than required by Chapter 21 of the County Code, said adjustment may be approved so long as any reduction or increase in lot size will not result in any loss or increase in development potential that would be inconsistent with the Lake County General Plan.
(Ord. No. 2583, § 3, 1-22-2002)
(ii)
The lot line adjustment will not result in any development inconsistent with the Lake County Zoning Ordinance or Building Ordinances.
(4)
A lot line adjustment may be conditioned to ensure that the adjustment conforms with the Lake County General Plan, the Lake County Zoning Ordinance and building ordinances, to require the prepayment of real property taxes prior to approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure or easements.
(Ord. No. 2583, § 4, 1-22-2002)
(d)
Recording.
(1)
Any lot line adjustment approved pursuant to this section must be evidenced by the recordation of a certificate of lot line adjustment signed by the Community Development Director or designee on a form approved by the Community Development Director. The certificate of lot line adjustment shall be recorded concurrently with a deed(s) transferring the property. The deed(s) recorded pursuant to this section shall reflect that the transfer is as a result of a lot line adjustment and is not a division of land. The certificate of lot line adjustment and deed(s) shall be filed for recordation with the County Recorder within one hundred eighty (180) days of approval. The lot line adjustment will be deemed finally approved only upon recordation. If not recorded within one hundred eighty (180) days from the date of approval by the Community Development Director or Planning Commission, the approval will expire and be null and void.
(2)
Prior to recordation of the certificate of lot line adjustment and deed(s), the applicant shall submit proof that the requirements of Sections 66492 through 66494 of the Government Code have been met by actual payment of any delinquent taxes, current taxes and any taxes or assessments due in the future which have accrued but are not yet payable, or assessments on the properties subject to the adjustment and by submission to the appropriate County Departments of any required map, plats, diagrams or applications to facilitate apportionment of taxes or assessments due in the future which have accrued but are not yet payable.
(3)
Prior to recordation of the certificate of lot line adjustment and deed(s), an updated preliminary title report shall be submitted to the Community Development Department for review.
(4)
The land to be transferred shall be deeded in fee simple and any financing of the land shall include all of the parcel resulting from the lot line adjustment approval.
(e)
Appeals.
(1)
Administrative Action. Any person aggrieved by any action by the Community Development Director under the provisions of this Section may appeal such action to the Planning Commission.
(2)
Planning Commission Action. Any action or determination by the Planning Commission may be appealed to the Board of Supervisors.
(3)
Filing Requirements. Appeals shall be addressed to the appellant body, in writing, and shall state the bases of the appeal. Appeals shall be filed in the Planning Division not later than five p.m. of the fifth working day
following the date of the action from which the appeal is taken. Appeals shall be accompanied by the filing fee as specified in the ordinance of the Board of Supervisors establishing fees for subdivision.
(4)
Procedure and Time Limits. Appeals shall be governed by the procedures and time limits as set forth in Government Code Section 66452.5 except as expressly provided herein. For the purposes of this article appeal board shall mean the Planning Commission and legislative body shall mean the Board of Supervisors. Both the Planning Commission and the Board of Supervisors on appeals may sustain, modify, reject or overrule any action of the Community Development Director or the Planning Commission.
(Ord. No. 733, § 1, 3-6-73; Ord. No. 1129, § 1, 1-29-80; Ord. No. 2028, § 1, 8-27-91; Ord. No. 2496, § 1, 11-9-99)
22.18 (Reserved)
(Ord. No. 733, § 2, 3-6-73; Ord. No. 2496, § 2, 11-9-99)
Editor's note— Ord. No. 2496, § 3, adopted Nov. 9, 1999, repealed § 17-22.18, which was derived from Ord. No. 733, § 2, adopted March 6, 1973.
22.19 The fee for a lot line adjustment shall be set by ordinance of the Board of Supervisors.¶
(Ord. No. 733, § 3, 3-6-73; Ord. No. 2496, § 3, 11-9-99)
Editor's note— Ord. No. 733, §§ 1—3, amended § 17-22 by adding paragraphs 22.16—22-18. Inasmuch as § 17-22 already contained a paragraph 22.16, the editor renumbered said paragraphs as 22.17—22.19.
22.20 Prior to the approval of any waiver or lot line adjustment by Subdivision…¶
of Sections 66492 through 66494 of the Government Code shall be met by actual payment of the delinquent taxes or assessments on the properties subject to the division and by submission to the appropriate County Departments of any required map, plats, diagrams or applications to facilitate apportionment of taxes or assessments due in the future or which have accrued but are not yet due. The Subdivision Committee shall require proof of compliance with this paragraph.
(Ord. No. 791, § 1, 3-19-74; Ord. No. 1165, § 18, 11-4-80)
22.21 There shall be collected a fee for the processing of a Waiver of Parcel Map as…¶
to time by resolution of the Board of Supervisors.
(Ord. No. 791, § 1, 3-19-74)
Editor's note— Ord. No. 791, § 1, amended § 17-22 by adding paragraphs 22.19 and 22.20. Inasmuch as § 17-22 already contained a paragraph 22.19, the editor renumbered said paragraphs as 22.20 and 22.21.
Get a plain-English answer with a citation back to this text.
Ask AI about this code