Chapter 17.74 — LOT LINE ADJUSTMENTS

Editor's note— Ord. No. 278S, § 1, adopted March 16, 2010, amended Chapter 17.74 in its entirety to read as herein set out. Former Chapter 17.74, §§ 17.74.010—17.74.100, pertained to similar material, and derived from Ord. No. 469; Ord. No. 278N, 2004 and Ord. No. 278R, adopted November 25, 2008.

"Lot line adjustment" is an alteration of an existing boundary line between four or fewer existing contiguous legal parcels, and 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, if the lot line adjustment is approved by the chairman of the parcel map committee, or his/her appointee. A lot line adjustment is an exclusion from the Subdivision Map Act and shall be reviewed in accordance with Section 66412(d) of the Government Code and this chapter. A lot line adjustment may be granted pursuant to this chapter; provided, that:

A.

No additional parcels are created;

B.

A local agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, and zoning and building ordinances;

C.

No tax rate area boundary line will be altered;

D.

The applicant(s) are required to pre-pay the real property taxes prior to the approval of the lot line adjustment;

E.

The local agency shall require the relocation of existing utilities, infrastructure, or easements to facilitate the adjustment, if necessary;

F.

No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment;

G.

The lot line adjustment shall be reflected in a deed, which shall be recorded; and

H.

No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code (Professional Surveyor's Act).

(Ord. No. 278V, § 3, 10-28-14; Ord. No. 278S, § 1, 3-16-10).

As used in this chapter, "affected parcel" means and refers to any parcel whose size or shape will be changed by the proposed lot line adjustment.

(Ord. No. 278S, § 1, 3-16-10).

A completed application form provided by the county for a lot line adjustment shall be submitted to the planning department and shall be considered filed when all the following have been provided:

A.

A drawing which represents the proposed adjustment identifying the existing parcels and the resulting parcel(s) with acreage or square footage which satisfies the requirements of the planning department;

B.

A written consent to the proposed lot line adjustment, on a form prescribed by the planning department, signed by each person holding record title interest in the affected parcels (includes deeds of trust, which must be rewritten to reflect the change in legal description);

C.

Copies of all deeds by which the owners of the affected parcels hold title;

D.

The filing fee as set by resolution of the board of supervisors;

E.

A preliminary title report or a current statement describing all rights-of-way, easements, lien holders, and record title interests to which each parcel shown on the lot line adjustment map is subject.

F.

Such other relevant documentation and information as may reasonably be requested by the planning department.

(Ord. No. 278V, § 3, 10-28-14; Ord. No. 278S, § 1, 3-16-10).

After acceptance of the lot line adjustment application is complete, the planning department shall provide a copy of the application to each member of the parcel map committee and each member of the parcel map committee shall file a recommendation regarding the application with the planning department. The chairman of the parcel map committee may make rules and regulations pertaining to meeting procedures and the processing of applications, including continuances of committee meetings not to exceed sixty days. Composition of the parcel map committee shall be as described in Section 17.72.040.

(Ord. No. 278V, § 3, 10-28-14; Ord. No. 278S, § 1, 3-16-10).

The chairman of the parcel map committee shall approve, disapprove, or conditionally approve the application based only upon the limits provided in Section 66412 in the Subdivision Map Act. Conditions of approval shall be consistent with Sections 17.74.010(A-G) of this code. The chairman of the parcel map committee, or their appointee shall cause written notice of its decision to be given by mail to the applicant, any person who has filed with the planning department a written request for special notice of lot line adjustment applications and any person, who has filed with the planning department a written request for special notice.

(Ord. No. 278V, § 3, 10-28-14; Ord. No. 278S, § 1, 3-16-10).

To complete the lot line adjustment after approval by the chairman of the parcel map committee, a title report current within thirty days must be submitted. Conditions of approval must be met before the resultant deed(s) is/are recorded. The conditions may include, but not be limited to the following: Taxes on all property involved must be paid or bonded or; deeds to transfer the adjusted property must be recorded concurrently or before the final lot line adjustment; and evidence of partial reconveyance, extinguishing any liens that may exist on the property involved must be filed with the planning department. The lot line adjustment shall be reflected in a deed, which shall be recorded.

(Ord. No. 278V, § 3, 10-28-14; Ord. No. 278S, § 1, 3-16-10).

Any person aggrieved by the decision of the parcel map committee may appeal the decision to the board of supervisors within fifteen days of the date of the decision. The appeal shall be in writing, shall state the specific objections, shall be accompanied by a fee as set by resolution of the board of supervisors, and shall be filed with the planning department.

(Ord. No. 278S, § 1, 3-16-10).

The board of supervisors shall hold a noticed, public hearing to consider the appeal within forty-five days of the filing date of the appeal. At least ten days notice shall be given to the applicant and to those persons described in Section 17.74.050. The board of supervisors may approve, disapprove, modify or conditionally approve the decision of the parcel map committee.

(Ord. No. 278S, § 1, 3-16-10).

The following conditions shall be imposed on the application:

A.

Those conditions consistent with Section 17.74.030 of this code and Section 66412(d) of the Government Code;

B.

Submission and approval of records of survey, if required;

C.

Submission of properly executed, unrecorded deeds necessary to document the transfer of land ownership and the resulting parcels reflecting the approved legal descriptions;

D.

Such other conditions as may be necessary to insure adequate access, satisfactory sewage disposal; acceptable lot configuration and to protect the public health safety and general welfare.

(Ord. No. 278V, § 3, 10-28-14; Ord. No. 278S, § 1, 3-16-10).

The applicant shall fulfill all conditions within six months of the date of parcel map committee approval or board of supervisors' approval whichever is later. This period may be extended for two additional six-month periods by written application to the parcel map committee prior to expiration of the initial period or previous approved extension. The request for time extension shall be accompanied by a fee as set by resolution of the board of supervisors. If additional entitlements or annexations are necessary, the time line is suspended from the time the entitlement application is submitted until the completion of the entitlements.

(Ord. No. 278S, § 1, 3-16-10).

Upon compliance with this chapter, all conditions and all applicable provisions of law; payment of all taxes, assessments and charges which are a lien, whether then payable or not; and upon payment of all applicable recordation fees, the county counsel shall execute a certificate of compliance. The planning department shall then cause the approved application and exhibit map to be recorded in the office of the county recorder, together with any deeds; and, records of survey (if required); and, the written consents to the lot line adjustment. Upon recordation of the foregoing, the lot line adjustment shall be deemed perfected. A lot line adjustment application is valid for six months. The applicant may apply for two six- month time extensions.

(Ord. No. 278S, § 1, 3-16-10).

IV. - PUBLIC DEDICATIONS