§ 9-511

The purpose of this Chapter is to provide a method for approving lot line adjustments that meet the standards set forth of this Chapter and this Title.

(a)

Type of Decision. The tentative approval of lot line adjustments and subsequent review and approval of deeds are ministerial acts and not subject to CEQA; except when the lot line adjustment is processed concurrently with an application requiring discretionary approval. Under such circumstances, the lot line adjustment application must be considered a reasonably foreseeable project under CEQA and the potential impacts resulting from approval of the lot line adjustment shall be evaluated as part of the cumulative analysis conducted on the underlying use permit or other discretionary approval. Evaluation of the environmental effects of the lot line adjustment application because it is a reasonably foreseeable project shall not, however, result in the approval of the lot line adjustment application becoming a discretionary act; it remains ministerial.

(a)

Initial Filing. An application for a lot line adjustment shall be filed with the Community Development Department.

(b)

Contents of Application. Each application for a lot line adjustment shall be accompanied by all of the following and the required fee on the application:

(1)

Copies of the document(s) that establish each of the parcels involved in the lot line adjustment as a legal lot of record.

(2)

As required by the lot line adjustment application the required copies of a tentative lot line adjustment site plan 18" x 26", and 8 ½ "x 11" accurately drawn to scale shall be submitted. Measurements shall be identified by feet, square feet or acres to the nearest tenth. The site plan shall contain and specifically conform to all of the following:

(A)

All exterior and interior lines of the involved parcels shall be shown and shall be identified by course and bearing description, based on survey data, calculated data, or information of record;

(B)

Proposed new lines and lines to be eliminated shall be so identified in written notation or by legend. Lines to be eliminated shall be dashed or otherwise drawn and shown to be merged so as to be clearly distinguished from and subordinate to the proposed new lines;

(C)

All existing structures shall be accurately located on the map identifying the original parcels, together with their current existing uses;

(D)

The distance from each existing structure to the nearest boundary line of the resulting parcel on which that structure will be located following the lot line adjustment shall be noted;

(E)

The distance from existing wells, septic tanks, leach fields, and special sewage disposal systems to the nearest proposed boundary line of the resulting parcels shall be noted;

(F)

The locations, purpose and width of all existing and proposed easements, streets and utilities shall be noted;

(G)

The approximate location of all watercourses and existing drainage structures, including the location of any floodway and the top of the bank, if discernible, shall be noted;

(H)

The recording information for any existing Williamson Act contract affecting any of the parcels involved in the lot line adjustment shall be noted on the site plan, and a copy of the contract shall be provided with the application; and

(I)

All assessor's parcel numbers currently assigned to each parcel involved in the application shall be noted. In the case of newly recognized parcels, a copy of the vesting instrument, deed, or certificate reference shall be provided;

(3)

The signed consent and mailing addresses of all owners of recorded fee title interests and of all lienholders of record of each parcel involved in the lot line adjustment. For Corporations, LLCs, LPs, Companies, NonProfits, Associations, and Partnerships, consent shall be evidenced by a copy of a resolution of the Corporation's Board of Directors designating which corporate officer(s) shall have the power to execute on behalf of the corporation, or documentation showing which individual(s) in an LLC, LP, Company, NonProfit, Association or Partnership has authority to make decisions affecting real estate. If such owners and/or lienholders change after the application has been filed and before the lot line adjustment has been

consummated by recordation of deeds, the signed consent of such new owners and/or lienholders shall also be filed with the Zoning Administrator or the application shall be deemed withdrawn; and

(4)

An indemnification agreement together with a signed statement that the application is complete and accurate to the best of applicant's knowledge.

(5)

An acknowledgment, signed by the applicant, stating that the applicant understands that the lot line adjustment is not an entitlement to build and that the requirements of this Title for water systems, wastewater treatment and disposal, and private on-site wastewater disposal facilities in Chapters 9-602, 9- 604, and 9-605 must be met before a building permit can be issued.

(c)

When an Application is Incomplete. If an application for a lot line adjustment fails to contain any of the foregoing information, or if it is determined not to be in compliance with the Subdivision Map Act (Government Code Section 66410 et seq., Section 66412(d)), the Zoning Administrator shall determine it to be incomplete and the applicant shall be notified within 30 days of the date the application was received.

9-511.030 - INITIAL REVIEW AND APPROVAL STANDARDS

(a)

Referral for Comment. Upon determining that an application is complete, the Community Development Department shall refer the application for comments to other public agencies as deemed necessary.

(b)

Standards for Review. The Zoning Administrator shall approve the lot line adjustment if it meets the following standards at the time the filed application is deemed complete.

(1)

The lot line adjustment will result in the transfer of property between at least two, but no more than four, existing adjoining legal parcels. Parcels are adjoining only if each of the parcels proposed for adjustment abuts at least one of the other parcels involved;

(2)

The lot line adjustment will not create a greater number of parcels than originally existed.

(3)

The lot line adjustment should not increase the number of parcels that do not meet the minimum parcel size for their zone. Parcels that equal or exceed the minimum parcel size established by the applicable zone shall not be reduced by the lot line adjustment to below the minimum parcel size unless an equal number of parcels involved in the lot line adjustment that are (a) located within the same zone and (b) are smaller than such minimum parcel size prior to the lot line adjustment will be increased by the lot line adjustment to exceed the minimum parcel size;

(4)

No public utility easement shown on a Final Map or Parcel Map will be adversely affected by the lot line adjustment;

(5)

All parcels shall conform to the zone minimum of the parcel area before and after adjustment or at least not increase the number of existing, nonconforming parcels, unless compliance with such requirements is waived by variance in conjunction with the approval of the lot line adjustment. Nonconforming parcels shall not be transferred from one zone classification to another zone classification.

(6)

If the parcel(s) or a portion of the parcel(s) to be adjusted are under a Williamson Act Contract or Farmland Security Zone Contract, the property owner shall apply to rescind the current contracts and enter into new contracts prior to recording the Notice of Lot Line Adjustment. Lot line adjustments involving parcels that are all wholly under the same Williamson Act Contract or Farmland Security Zone Contract are exempt from this requirement.

(A)

The Notice of Lot Line Adjustment shall not be recorded until the Williamson Act Contract or Farmland Security Contract has been deemed complete for processing. Filing fees are required for this application. This requirement is pursuant to Government Code Section 51257.

(Ord. No. 4632, § 23, 9-26-2023; Ord. No. 4683, § 24, 12-9-2025)

(a)

Right to Withdraw. An applicant may withdraw the application for lot line adjustment at any time prior to recordation of the deeds by filing a written request for withdrawal with the Community Development Department or Designated Agent.

(b)

Failure to File and Record Deeds. Failure by the applicant to record the deeds consummating the lot line adjustment within one-year of the date of the recordation of the Notice of Lot Line Adjustment shall void all such approvals and be deemed a withdrawal of the application for the lot line adjustment.

(c)

Extension of Time. The Zoning Administrator may grant a one-year extension of time for recording the Notice of Lot Line Adjustment after approval of the lot line adjustment application. The request for the oneyear time extension must be in writing to the Community Development Department prior to the expiration date of the approval and must state the reason for requesting the extension. A processing fee for this request shall be required.

(a)

Submission of Lot Line Adjustment and Legal Description(s). When a Lot Line Adjustment application has received approval from the Zoning Administrator, the applicant shall within 36 months from the date of approval provide the County Surveyor with legal description(s) and exhibit maps, wet stamped and signed by a California-licensed land surveyor or California-licensed civil engineer, consistent with the approval and demonstrating compliance with all approval standards for lot line adjustments in this Chapter. The legal description(s) shall clearly describe each of the resultant parcels and shall contain the express statement of intent by the grantor to eliminate any underlying boundary lines consistent with the requirements of Civil Code Section 1093. No record of survey has to be submitted unless required by Business and Professions Code Section 8762.

(b)

Notice of Lot Line Adjustment and Recording of Legal Descriptions. Upon receipt of the legal descriptions required by Subsection (a), the County Surveyor shall review them and authorize the deeds to be recorded if the County Surveyor finds that the legal descriptions are consistent with the tentative approval of the lot line adjustment, including compliance with all of the approval standards for lot line adjustments in this Chapter. The County Surveyor will forward the legal descriptions to the Community Development

Department to record with a Notice of Lot Line Adjustment. The Notice of Lot Line Adjustment shall then be recorded by the Community Development Department at the expense of the applicant. The Notice of Lot Line Adjustment shall be deemed final only when the consummating deed(s) to perfect the lot line adjustment have been recorded by the County Recorder.

(c)

Legal Descriptions Inconsistent with Tentative Approval. If the County Surveyor determines that the final legal description(s) of the lot line adjustment submitted as required by Subsection (c) are not consistent with the tentative approval, including compliance with the approval standards of the tentative approval, the County Surveyor will provide corrections for the legal descriptions and notify the applicant of such corrections in writing. Upon receipt of notice of corrections of the legal descriptions, the applicant shall have the right to resubmit revised legal descriptions to the County Surveyor as long as such resubmission occurs before expiration of the period specified in Subsection (a), exclusive of any time between submission of the legal description(s) to the County Surveyor and notification of the applicant that the legal description(s), as submitted, has been rejected.

(d)

Required Statement on Legal Descriptions for Transfer. Each legal description for transfer required by Subsection (c) shall include the following language in the express written statement of intent immediately following the legal description: "This parcel was involved in a lot line adjustment pursuant to which the boundaries of [insert number of parcels adjusted] parcels comprising [insert total acreage of parcels] acres were adjusted and is therefore subject to the applicable provisions of the Development Title of the County of San Joaquin Code of Ordinances."

(Ord. No. 4632, § 24, 9-26-2023

The approval or denial by the Zoning Administrator of a lot line adjustment is a final act and not subject to appeal.

Chapter 9-512 - Certificates of Compliance