§ 22.90

This Chapter provides procedures for the preparation, filing, processing, and approval or denial of Lot Line Adjustment applications, consistent with the policies of the Marin Countywide Plan and the requirements of Map Act Section 66412.d.

(Ord. No. 3577, 2012)

As provided by Map Act Section 66412(d), the Lot Line Adjustment procedure is for the purpose of adjusting lot lines between two to four existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this Chapter, an "adjacent parcel" is one that directly touches at least one of the other parcels involved in the adjustment. Lot line adjustments involving five or more adjacent parcels shall be subject to the requirements of Chapter 22.84 (Tentative Maps).

(Ord. No. 3577, 2012)

A Lot Line Adjustment application shall be prepared, filed and processed as provided by this Section.

A.

Application content. A Lot Line Adjustment application shall include all information and other materials prepared as required by the Application Submittal Guide provided by the Agency. If a lot was created prior

to current subdivision map requirements, a Certificate of Compliance (Chapter 22.96 (Certificates of Compliance)) may be required to document that the parcel is a legal lot of record.

B.

Processing. Lot Line Adjustment applications shall be submitted to the Agency and shall be processed in compliance with the procedures specified by Chapter 22.40 (Application Filing and Processing). No environmental review (Section 22.40.060, Environmental Review) shall be required, in compliance with Section 15305 of the CEQA Guidelines.

(Ord. No. 3577, 2012)

The Review Authority shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this Development Code. The Review Authority may approve, conditionally approve, or deny the Lot Line Adjustment in compliance with this Section. Decisions may be appealed in compliance with Chapter 22.114 (Appeals).

A.

Required findings. The Review Authority shall approve the Lot Line Adjustment only if all of the following findings are made:

1.

The proposed lot line adjustment is limited to four or fewer existing adjoining lots.

2.

Each of the affected lots is a separate legal lot of record because it was created in compliance with the applicable subdivision regulations in effect at the time of its creation.

3.

The proposed lot line adjustment would not result in the creation of additional lots.

4.

The proposed lot line adjustment would comply with policies of the Countywide Plan, and any applicable community plan, and the Local Coastal Program (if applicable).

5.

The proposed lot line adjustment would comply with zoning, development, and relevant subdivision provisions of Titles 18, 20, 22 and 24 of the Marin County Code, including those which address minimum lot size, lot design and configuration, street frontage and building setbacks from all property lines.

An adjustment for which any of the above findings cannot be made may instead by resubmitted as a subdivision in compliance with Section 22.80.030 (applicability).

B.

Conditions of approval. In approving a Lot Line Adjustment, the Review Authority shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this Development Code and Title 19 (Building Regulations) of the County Code, or to facilitate the relocation of existing utilities, infrastructure, or easements.

(Ord. No. 3577, 2012; Ord. No. 3797, § II(exh. A), 2023)

Within three years after approval of a Lot Line Adjustment, the adjustment process shall be completed in compliance with this Section through the recordation of a deed or record of survey, after all conditions of approval have been satisfied.

A.

Completion by deed. A Lot Line Adjustment shall not be considered legally completed until either a grant deed or a quit claim deed signed by the record owners has been recorded. The Applicant shall submit deeds to the County Surveyor for review and approval in compliance with Subsection C below (Review and Approval by County Surveyor), before recordation of the grant deed or quit claim deed. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in the State. The Director may record a Certificate of Compliance to confirm the legality of the lot concurrent with, or following the recordation of, the grant deed or quit claim deed.

B.

Completion by record of survey. If required by Section 8762 et seq. of the Business and Professions Code, a Lot Line Adjustment shall not be considered legally completed until a record of survey has been checked by the County Surveyor and sent to the County Recorder for recordation. Where not required, a Lot Line Adjustment may also be completed by record of survey in compliance with this Subsection at the option of the Applicant.

C.

Requirements for Recordation. Appropriate deeds and exhibits perfecting the approved lot line adjustment shall be recorded with the Marin County Recorder's Office. Prior to recordation, the following exhibits and materials shall be submitted along with the required fee in one submittal to the Department of Public Works for review and approval:

1.

Lot Line Adjustment Recordation Application. A completed "Application for Lot Line Adjustment Recordation" shall contain, but not be limited to, the following items (additional information may be required):

a.

Legal descriptions and closure calculations of the affected properties for: (1) the transfer portions of the existing parcels; and (2) the resultant parcels. The legal descriptions and closures shall be prepared and stamped/signed by a California Licensed Land Surveyor, or a Registered Civil Engineer authorized by the State of California to perform land surveying.

b.

Lot Line Adjustment plats shall be provided, one each showing existing conditions, transfer parcels, and resulting parcels. The Lot Line Adjustment plats shall be drawn in black ink on sheets with maximum dimensions of 8½" &times 11" (for lot line adjustment by deed and plat), or 18" &times 26" (for lot line adjustment by deed and record of survey) and shall be prepared and stamped/signed by a Licensed Land Surveyor or a Registered Civil Engineer authorized by the State of California to perform land surveying. The plats must be clear and readable. The following minimum information must be provided on the plats (additional information may be required):

(1)

Map scale, graphic scale, north arrow, line type legend, vicinity map, basis of bearings, index map for large parcels. The location of the project site in relation to the existing streets, adjoining lots, alleys, water bodies and distance from the nearest cross street.

(2)

Adjacent right-of-way widths and street names.

(3)

The existing and proposed lot layout with labels for each boundary line. Sufficient dimensions and record boundaries so as to define and establish the boundary of the subject properties shall be provided. Use heavy solid lines to depict proposed boundaries and existing boundaries to remain. Use light, dashed lines for existing lot lines to be removed and smaller dashed lines for easements. The adjusted lots shall be lettered or numbered consecutively in such a manner that there will be no confusion with the original lots or parcel numbers,(show in a darker, bolder text, e.g., PARCEL T-1, RESULTANT PARCEL A, etc.).

(4)

Existing lot numbers, reference to the recorded documents that established the existing lots of the project site, adjoining lots and all existing easements.

(5)

Gross area before and after the adjustment to the nearest one tenth of an acre.

(6)

Assessor's Parcel Number for each property.

(7)

Lot Line Adjustment planning project number, sheet number and title block with owner and surveyor block filled out.

(8)

Signature and seal of the surveyor, as well as the date that the plats were signed.

c.

Recent title reports (less than 6 months old) for the affected parcels, as well as copies of current vesting deeds.

d.

Copies of any map, easement, record of survey or any other document that will be necessary to check boundary lines and review the re-tracing of the original parcels.

e.

Provide a copy of the most recent assessors map book pages(s) covering the entire site and adjoining lots.

f.

If applicable, the applicant/surveyor/engineer of record shall provide DPW with the name and contact information of the Title Company or Agent assigned for recordation of the lot line adjustment documents.

2.

All required materials shall be submitted simultaneously along with the required fee to the Department of Public Works for review and approval.

3.

If a Record of Survey map is deemed required pursuant to Section 8762(b) of the Business and Professions Code, the map shall contain the information as required by Section 8764 of said code, in addition to those items noted above.

4.

The completed application shall contain legal descriptions and closure calculations along with a current title report for the affected properties including the final adjusted lots, existing lots, and the portions of those lots proposed for transfer. The legal descriptions and closures shall be prepared, signed and stamped by a licensed land surveyor or a qualified registered civil engineer.

5.

Lot Line Adjustment Map. The Lot Line Adjustment Map shall be drawn in black ink on sheets with maximum dimensions of 8½" by 11" or 18" by 26". The map must be clears and readable. The following information must be provided on the map (additional information may also be required):

a.

Map scale, north arrow, line type legend, and vicinity map. An index map shall be required for large parcels;

b.

The location of the project site in relation to existing streets, adjoining lots, alleys, water bodies and distance from the nearest cross street;

c.

Right-of-way widths and street names;

d.

The existing and proposed lot layout labeling each boundary line. Sufficient dimensions and record boundaries so as to define and establish the boundary of the subject property. Heavy solid lines to depict proposed boundaries, light solid line to depict existing lot lines and smaller dashed lines to depict easements shall be required. The adjusted parcels and transfer parcels shall be lettered or numbered consecutively in a manner that there shall be no confusion with the original lots or parcel numbers (show in a darker, bolder text, i.e., PARCEL A, PARCEL T-1);

e.

Existing lot numbers, reference to the recorded documents that established the existing lots of the project site, adjoining lots and existing easements;

f.

Gross area of the lots before and after adjustment to the nearest one tenth of an acre. Show the net area when there are easements identified that restrict the surface use of the property, such as vehicular access easements. (Net area is gross area minus easement area.);

g.

Date of preparation, signature and seal of the surveyor that prepared the map;

h.

Assessor Parcel Numbers (APNs) for the lot subject to the lot line adjustment;

i.

Project number and file number as assigned by the County, sheet number and County title block with owner and engineer information provided; and

j.

The following statement shall be included if applicable (i.e., if property corners are to be set): "Monuments will be set within 90 days along the adjusted lot corners, and a Record of Survey or Corner Record will be filed, if required by Section 8762 of the Business and Professional Code, Government Code Section 66412(d); Ops. Cal. Atty. Gen. 231 (1994). If the lot line adjustment affects any public utility easements, the

application shall provide verification signed by each of the affected public utilities that they allow the lot line adjustment."

D.

Review and approval by County Surveyor. The County Surveyor shall:

1.

Examine the deeds to ensure that all record title owners have consented to the adjustment;

2.

Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the Lot Line Adjustment as approved by the Review Authority;

3.

If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

4.

After approval of the legal descriptions, assemble the deeds and return them to the Applicant for recordation.

E.

Expiration. The approval of a Lot Line Adjustment shall expire and become void if the adjustment has not been completed as required by this Section within three years of approval. An extension of up to three additional years may be granted by the Review Authority in compliance with the requirements of Subsection 22.84.140.A.

(Ord. No. 3577, 2012; Ord. No. 3797, § II(exh. A), 2023)

Chapter 22.92 - MERGER OF PARCELS