Mono County Municipal Code Ch. 17.37 Lot Line Adjustments

Section 66412 of the Government Code of the state of California provides that lot line adjustments are excluded from the requirements of the Subdivision Map Act when they have been approved by the local agency or advisory agency. The purpose of this chapter is to provide a procedure for granting such approval. The lot line procedure is not intended to be used for subdividing property and may be used only in those situations where the provisions of the Subdivision Map Act and the Mono County subdivision code do not apply. The lot line adjustment procedure provided for in this chapter should include only those lot line adjustments that are of a minor and routine nature where extensive review and public involvement is not necessary.

(Ord. 83-446-K § 2 (part), 1983.)

Nothing in this chapter is intended to prohibit a subdivider from proposing lot line adjustments in conjunction with a subdivision of land which is being proposed by means of a final map or parcel map; (see Government Code Section 66410 et seq. and applicable provisions of Title 17 of the Mono County Code) as an alternative to the procedures as set forth in this chapter.

(Ord. 83-446-K § 2 (part), 1983.)

A. Lot Line Adjustment. "Lot line adjustment," as used in this section, means the adjustment of the boundaries between two or more 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.

B. Advisory Agency. The advisory agency for lot line adjustments shall be the land development technical advisory committee described in Section 19.01.700 of the Mono County Code.

(Ord. 98-03 § 6, 1998; Ord. 83-446-K § 2 (part), 1983.)

A. An application for lot line adjustment, as described in Section 17.37.050 of this chapter, is required for all lot line adjustments.

B. The applicant for a lot line adjustment shall deliver to the planning department the original application for lot line adjustment and eighteen copies thereof.

C. Persons applying for permits under this chapter shall pay a fee in an amount set by resolution of the board of supervisors, not to exceed the county's costs of administering this chapter.

D. The application for lot line adjustment shall not be deemed to be filed until the planning department has made a review of the application and any accompanying documents for completeness. Such review shall also include certification by the public works department that all maps and documents are technically correct.

E. Within five days after the planning department has determined that the application is complete, the planning department shall submit copies of the lot line adjustment and any accompanying documents to the public works department, the County Health Department, and to any public utility affected, together with a request for recommendations on the proposed lot line adjustment. The planning department may also transmit copies of the lot line adjustment map to fire districts, water districts, irrigation districts, community services districts, and other public and private agencies affected by the proposed lot line adjustment, together with a request for recommendations on the proposed lot line adjustment.

F. When the planning department has determined that the application is complete, the application shall be deemed filed. Within thirty days of the date that the application has been filed, the application shall be scheduled for review by the advisory agency.

G. The applicant shall be notified, in writing, by the planning department, ten days prior to the review of the application for lot line adjustment by the advisory agency. The notification shall give the date, time, and place of the meeting at which the application will be reviewed. Notice shall be deemed to have been given upon deposit of the notice in the United States mail.

(Ord. 00-02 § 7, 2000; Ord. 83-446-K § 2 (part), 1983.)

A. The application for lot line adjustment shall be submitted on the forms as provided for this purpose by the planning department. The forms and documents shall be typed, and the exhibits drawn legibly. Also, to assure the reproducibility of the documents, the use of black ink is encouraged on all forms, maps and documents.

B. Forms to be submitted.

1. Exhibit "A"—Application for Lot Line Adjustment.*

This form must be filled out completely. The record title owners of all parcels involved must sign the application form. A current title report, covering all existing parcels to be considered in the lot line adjustment must accompany the application.

2. Exhibit "B"—Lot Line Adjustment Map.**

This map must be drawn in black ink on the form provided. The map must be clear and readable. The following information shall be provided on the map (additional information may be required):

—Map scale and north arrow (map scale shall be decimal or engineer's scale adequate and appropriate for the maps.)

—The location of the project site in relation to existing streets and when available the approximate distance to the nearest cross street. (Must be detailed enough to allow someone not familiar with the area to locate the project site).

—The existing and proposed lot layout. Show bearings and distances for all parcel lines. Use a heavy solid line for the exterior project boundary, solid lines for proposed property lines, and light dashed lines for existing property lines to be adjusted.

—A number for each new parcel (Parcel 1, Parcel 2, etc.) and the net area of each new parcel. Net area equals the gross area minus any easements that may restrict the surface use of the property, such as vehicular, pedestrian, or equestrian easements.

3. Exhibit "C"—Site Plan.***

Since only certain information shall be shown on the lot line adjustment map (Exhibit "B"), a second map is required showing additional information necessary to verify compliance with adopted county ordinances. This information shall be submitted on the form labeled Exhibit "C" Site Plan. This map must be drawn in black ink on the form provided. The map must be clear and readable. The following information shall be provided on the site plan (additional information may be required):

—Map scale and north arrow (scale should be the same as used on Exhibit "B")

—The location and width of all existing or proposed easements or rights-of-way, whether public or private; for roads, drainage, sewers, or flood control purposes. Label the easements as existing or proposed and indicate to whom the easement is granted.

—The location of any aboveground or underground structures on the site. Dimension distances from proposed property lines to structures. If there are no structures on the lots proposed for adjustment, add a note on the map stating that fact.

NOTE: Applicable sections of the California Land Surveyors Act may require that the above referenced "Exhibit B" and "Exhibit C" be prepared by a person licensed to practice land surveying in the state of California.

(Ord. 83-446-K § 2 (part), 1983.)

* Exhibit A of Ord. 83-446-K was adopted by reference and is on file in the office of the County Clerk.

** Exhibit B of Ord. 83-446-K was adopted by reference and is on file in the office of the County Clerk.

*** Exhibit C of Ord. 83-446-K was adopted by reference and is on file in the office of the County Clerk.

Upon approval of the application for lot line adjustment by the advisory agency, the applicant shall be required to submit the following maps and documents to the county surveyor for his review and approval.

A. Record of survey.

—The applicant shall cause to be prepared, by a person licensed to practice land surveying in the state of California, a record of survey map.

—The record of survey shall indicate that sufficient monuments have been set to determine the precise location of the adjusted lot lines (monuments shall be required at all newly created lot corners and angle points in the adjusted lot lines).

—The record of survey shall be prepared in accordance with the approved application for lot line adjustment.

—The record of survey shall indicate in this title block, in an appropriate manner, that it is for lot line adjustment purposes.

B. Deeds. The applicant shall cause to be prepared all necessary deeds to effectuate the proposed lot line adjustment. The county surveyor shall review the deeds for conformance with the approved application for lot line adjustment. The deeds shall be in a form acceptable for recording and shall record concurrently with, and make reference to the required record of survey.

(Ord. 83-446-K § 2 (part), 1983.)

A. In reviewing the application for lot line adjustment, the advisory agency should comply with the general principle that, unless minor in nature, dedications and improvements required for subdivisions involving tentative, final or parcel maps are not applicable to lot line adjustments.

B. Whenever the advisory agency determines that dedications and/or improvements are necessary in order to carry out the provisions of this chapter, they shall determine what dedications and/or improvements, shall be made by the applicant. The advisory agency shall then advise the applicant what dedications and/or improvements shall be required. When the advisory agency determines that improvements are required, they shall also determine on what date such improvements are to be completed. Agreements for constructing such improvements, security for such agreements and all other matters pertaining to such dedications or improvements shall be governed by the same principles as set forth for parcel maps in Section 66410 et seq. of the Government Code.

(Ord. 83-446-K § 2 (part), 1983.)

The advisory agency may approve the proposed lot line adjustment whenever the following conditions have been complied with:

A. The lots which will result from the proposed lot line adjustment conform to applicable general plan, zoning and building code regulations in effect in the area.

B. The lots generally comply with regulations set forth in Title 17 of the Mono County subdivision code particularly those sections pertaining to size, shape and dimensions of lots.

C. The proposed lot line adjustment does not appear, under the circumstances of the particular case, to be detrimental to the health, safety, convenience or general welfare of persons residing or working in the neighborhood or to the general welfare of the county.

(Ord. 83-446-K § 2 (part), 1983.)

The advisory agency shall disapprove any application for lot line adjustment that does not comply with the criteria for approval as established in Section 17.37.080. In addition the advisory agency may disapprove any application for lot line adjustment if it is determined that there is no real relationship between the existing parcels and the proposed new parcels or that major improvements are required, indicating that the proposed lot line adjustment would be more adequately processed as a final or parcel map in accordance with Section 66410 et seq. of the Government Code.

(Ord. 83-446-K § 2 (part), 1983.)

The applicant shall be notified, in writing, by the planning department, within fifteen calendar days, of the approval, conditional approval or disapproval by the advisory agency. Notice shall be deemed to have been given upon deposit of said notice in the United States mail.

(Ord. 83-446-K § 2 (part), 1983.)

A. Should dedications or improvements be required, the record of survey for the lot line adjustment shall not be recorded until such time as said dedications or improvements have been made in accordance with Section 17.37.070.

B. Upon approval by the County Surveyor of all maps and documents required in accordance with this chapter and payment by the applicant of all fees including record of survey map check fees; the County Surveyor shall transmit the approved lot line adjustment, as shown on the record of survey and all other required documents to the County Recorder for recordation.

C. Any requests for a certificate of compliance regarding a lot line adjustment shall be submitted and processed in accordance with Chapter 17.50 of this code.

D. An approved lot line adjustment shall expire twelve months after its approval by the advisory agency. The expiration of the approved lot line adjustment shall terminate all proceedings and no maps or documents of all, or any portion, of the real property included within the approved lot line adjustment shall be recorded without first processing a new application in accordance with this chapter.

(Ord. 98-03 § 2, 1998; Ord. 83-446-K § 2 (part), 1983.)

A. If the advisory agency disapproves a lot line adjustment the applicant may appeal such decision to the planning commission. The appeal shall be processed within the same time limits and be subject to the same procedures and requirements as set forth for tentative maps in Section 66410 et seq. of the Government Code.

B. The fee established for the necessary additional administrative costs in processing the appeal shall be set by resolution of the board of supervisors, not to exceed the county's cost of administering this chapter.

(Ord. 00-02 § 8, 2000; Ord. 83-446-K § 2 (part), 1983.)