Monterey County Municipal Code Ch. 19.09 Lot Line Adjustments

A. A lot line adjustment map shall be filed for any adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created. The appropriate decision making body shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment conform to County Zoning and Building ordinances. The appropriate decision making body shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to County zoning and building ordinances or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.

B. Lots may be consolidated through the lot line adjustment application procedure.

C. A lot line adjustment shall not be considered filed until it is first considered by the appropriate decision making body following public notice. The appropriate decision making body shall make its decision within fifty (50) calendar days after the lot line adjustment has been accepted as final.

D. All lot line adjustments are subject to the provisions of this Section.

E. The Director of Planning is the appropriate decision making body to consider lot line adjustments unless the matter is referred to public hearing under Subsection 19.09.005.H. In such cases the Planning Commission is the appropriate decision making body to hear and consider lot line adjustments.

F. Public notice shall be provided pursuant to Section 19.01.055.

G. An appeal may be taken from the action of the appropriate decision making body pursuant to Chapter 19.16.

H. A lot line adjustment shall be referred to the Planning Commission for consideration at a public hearing if there is evidence of public controversy or public opinion to the proposed use of development. Such evidence includes, but is not limited to:

1. A staff recommendation for denial;

2. The applicant or applicant's representative requests, in writing, a public hearing;

3. Written request, based on a substantive issue, for a public hearing.

If a public hearing is required, it shall be noticed and conducted pursuant to the public hearing provisions of Section 19.01.055.

(Ord. 3797, 1994)

(Ord. No. 5135, § 78, 7-7-2009; Ord. No. 5218, §§ 16, 17, 6-28-2013)

A. The lot line adjustment map shall be prepared in a manner acceptable to the Director of Planning and by a registered civil engineer or licensed land surveyor and shall submitted to the Monterey County Planning Department along with all required fees. The map shall be clearly and legibly drawn and contain not less that the following:

1. Title which shall contain the name and address of legal owner(s) and the person preparing the map.

2. Existing and proposed boundary lines, dimensions, and approximate areas of the original parcels and of the adjusted parcels.

3. Approximate location of all existing structures, distances between structures, and distances between structures and boundary lines of both the original parcel boundaries and the adjusted parcel boundaries.

4. Names, locations and widths of all existing streets, roads and rights-of-way on or bounding the original parcels.

5. Locations and dimensions of all existing and proposed streets, roads, and right-of-way.

6. Existing topography of the proposed site, including but not limited to: the contour of the land at intervals of two feet of elevation up to five percent, or lesser contour intervals as may be approved by the Director of Planning. Contours shall be indicated on contiguous property for a distance of two hundred (200) feet. Every fifth contour shall be a heavier weight line.

7. Vicinity map (one inch equals two thousand (2,000) feet) showing roads, towns, major creeks, railroads and other data sufficient to locate the proposed lot line adjustment.

8. Approximate location of existing and proposed domestic wells and location of existing and proposed septic tanks and leach fields for all lots affected by the adjustment.

9. Approximate location of all watercourses, drainage channels, and drainage structures.

10. Approximate locations of one hundred (100) year floodplain, reservoirs, streams, rivers, and existing proposed drainage structures.

11. Date of preparation of the map.

12. Assessor's parcel numbers on all parcels affected by the adjustment.

13. Proposed improvements if any.

14. Proposed easements or rights-of-way.

(Ord. No. 5135, § 79, 7-7-2009)

A. The proposed lot line adjustment map shall be accompanied by the following data or reports:

1. Appropriate number of copies of the completed lot line adjustment application as prescribed by the Director of Planning.

2. Appropriate number of copies of the lot line adjustment map and one transparency of the lot (eight and one-half inches by eleven (11) inches). All maps must be folded to an approximate size of eight and one-half inches by eleven (11) inches.

3. One copy of the current Assessor's Parcel Map of the properties to be adjusted.

4. A description of any prior development activity on the site as removal of vegetation, grading, etc. which may affect the proposed adjustment.

5. Other data or information necessary to complete processing of the map and environmental documents.

6. A list of the names, addresses, and assessor's parcel numbers of all property owners within three hundred (300) feet of the property, including the parcel for which this application is filed. The list shall be taken the most recent records of the Monterey County Assessor.

7. A photocopy of the Assessor's parcel page(s) showing the parcel involved and parcels within three hundred (300) feet of the subject property. Please indicate on the map which parcels are included on the list of property owners.

8. One set of pre-addressed stamped envelopes, with no return address, to all property owners shown on the list. Additional sets may be required if an application is continued or tabled by the Subdivision Committee.

(Ord. No. 5135, § 80, 7-7-2009)

A. No lot line adjustment may be accepted for processing unless the map is consistent with applicable zoning and building ordinances.

B. Within thirty (30) days of the receipt of an application for filing by a subdivider, the Director of Planning shall determine in writing whether such application is complete and forward the determination to the subdivider. If determined to be incomplete, the applicant will be informed of additional information required or procedure by which said application can be made complete. If the Director of Planning fails to make such determination within thirty (30) days, the application shall be deemed complete.

C. The Director of Planning shall forward copies of the proposed lot line adjustment map to the affected departments, committees and public agencies or their consultants which may, in turn, forward to the Director of Planning and Building Inspection their finding recommendations thereon within the time specified.

(Ord. No. 5135, § 81, 7-7-2009)

A. Upon completion of the environmental documents, or finding that the proposed adjustment is exempt from CEQA the Director of Planning shall set the matter before the appropriate decision making body which shall approve, disapprove, or conditionally approve the lot line adjustment in conformance with standards set forth in the Subdivision Map Act and this Chapter.

B. A lot line adjustment application may be granted based upon the following findings:

1. That the lot line adjustment is between two (or more) existing adjacent parcels.

2. A greater number of parcels than originally existed will not be created as a result of the lot line adjustment.

3. The parcels resulting from the lot line adjustment conforms to County zoning and building ordinances.

(Ord. 3797, 1994)

(Ord. No. 5135, § 82, 7-7-2009)

A. An approved lot line adjustment map shall expire twenty-four (24) months after its approval, subject to the following exceptions:

1. If a development moratorium has been imposed the provisions of Government Code Section 66452.6 shall govern.

2. If litigation involving the approval of the lot line adjustment map has been filed and a stay of such time period is approved by the County following written request of the subdivider.

B. The expiration of the approved or conditionally approved lot line adjustment map shall terminate all proceedings.

The applicant may, upon written application, request extension of the lot line adjustment map approval. Such application shall be filed with the Director of Planning, before approval is due to expire and shall state the reason(s) for requesting the extension. The appropriate decision making body may grant extension(s) not to cumulatively exceed two years. It also may deny an extension in the event the lot line adjustment no longer conforms with County zoning and building ordinances, or where there is new information or substantial changes in circumstances which would have altered the original approval.

(Ord. 3797, 1994)

(Ord. No. 5135, § 83, 7-7-2009)