Sierra County Municipal Code Ch. 23.04 Lot Line Adjustments

Lot lines between any adjacent legally created parcels may be moved or adjusted if the provisions of this chapter are met. A greater number of lots may not be created through a lot line adjustment. (Formerly 23.04.001)

An applicant seeking a lot line adjustment shall submit an application, on a form approved by the Planning Director, to the Planning Department showing the following:

A. Two copies of a preliminary title report for all properties whose boundaries would be altered by the proposed adjustment. Title reports shall name the current record owners and shall not be more than six months old.

B. A legal description for each resulting parcel proposed by the application.

C. A waiver of notice form signed and acknowledged by each party holding record title interest in the property.

D. A certificate which is prepared according to the standards of Cal. Gov’t. Code § 66436 signed and acknowledged by all parties having any record title interest in the real property proposed to be adjusted, consenting to the application.

E. Fifteen copies of a lot line adjustment map, prepared by the applicant or the applicant’s agent, legibly drawn and accurately to scale on one sheet of reproducible paper or polyester base film, 18 by 26 inches in size. A lot line adjustment map shall show all of the following information:

1. Boundary lines, dimensions, and approximate areas of the original parcels and of the adjusted parcels;

2. Locations and dimensions of each existing structure, including outbuildings, proposed building sites, approximate distances between structures, and approximate distances between structures and boundary lines of both the original parcel boundaries and the adjusted parcel boundaries;

3. Names, locations and widths of all existing streets and roads on or bounding the original parcel and of all new access routes being proposed;

4. Locations and dimensions of all existing and proposed easements, utility lines, rights-of-way, and underground structures of any kind;

5. Approximate slope of the land;

6. Scale of map (standard engineering scale), north arrow, and vicinity map;

7. Location of existing and proposed domestic water supplies and location of existing and proposed septic tanks and leach fields for all lots affected by the adjustment;

8. Approximate location of all watercourses, drainage channels, drainage structures, and springs;

9. Approximate locations of all high water lines of lakes, reservoirs, streams, and rivers;

10. Date of preparation of the map;

11. Assessor’s parcel numbers and book and page number from the official records for all existing deeds on all parcels affected by the adjustment;

12. Name, address, and telephone number of the applicant, of the person who prepared the map, and of all parties having any record interest in the real property shown on the map.

The requirement for submittal of the lot line adjustment map, as required by this section, may be waived at the request of the applicant, by the Planning Director, in cases where the applicant has demonstrated, to the satisfaction of the Planning Director, and the Planning Director finds, based upon substantial evidence in the record, that the submittal of all information, fees, statements, hearings, findings and other requirements of this section has been fulfilled.

F. Request of the Appropriate Fee. The following statements shall be provided on the lot line adjustment map to allow for the proper execution by such responsible agencies:

Tax Collector’s Statement

I, _________________________, Tax Collector of Sierra County, state of California, do hereby certify that there are no liens against the parcels as shown hereon, for unpaid property taxes or special assessments not yet payable. Estimated taxes or special assessments which are a lien but not yet payable have been deposited with the Tax Collector. This statement is valid through _________.

______________________________ Sierra County Tax Collector

Date:_________.

Planning Director's Statement

The Sierra County Planning Director has reviewed and found the proposed lot line adjustment, as shown hereon, to be in compliance with the Subdivision Map Act and local ordinance. All conditions of approval have been satisfactorily complied with.

______________________________ Sierra County Planning Director

Date:_________.

County Surveyor’s Statement

The Sierra County Surveyor has reviewed and found the proposed lot line adjustment, as shown hereon, to be in compliance with the Subdivision Map Act and local ordinance.

______________________________ Sierra County Surveyor

Date:_________.

G. Other pertinent information required by the Planning Director.

The Planning Department shall distribute the copies of the application to the Health Department, Department of Public Works, and County Surveyor and other departments as appropriate, for comment. A 10-working-day review period shall be placed on each application to allow for the submittal of written comments from said county departments or other interested parties.

The Planning Director shall schedule the lot line adjustment application for an administrative hearing in which the applicant, or the applicant’s agent, and county departments and interested parties will be afforded the opportunity to be present and provide evidence. Notice of such hearing shall be given pursuant to SCC 20.05.110. (Formerly 23.04.002)

Upon receipt of a complete application, the Planning Director may approve a lot line adjustment if each of the following written findings are made with respect to the application:

A. Each of the parcels resulting from the lot line adjustment conforms to applicable zoning and building codes, except in the case of a recorded legal lot which is of less area than required by SCC Title 22, said adjustment may be approved so long as any reduction in lot size is not more than 10 percent of the existing lot area.

B. The lot line adjustment will not result in any development inconsistent with the zoning code or building codes.

C. In approving a lot line adjustment, the Planning Department shall have the authority to impose conditions as may be reasonably necessary to assure compliance with zoning and building codes; to facilitate relocation of existing utilities, infrastructure or easements.

D. Alternatively, the Planning Department shall schedule the lot line adjustment for action by the Planning Commission. (Formerly 23.04.003)

The approval, conditional approval, or denial of a lot line adjustment application by the Planning Director or his designee may be appealed to the Planning Commission by any interested person as set forth in SCC 20.05.030.

Any interested person may appeal the decision of the Planning Commission to the Board of Supervisors in compliance with the procedure contained in SCC 20.05.030. (Formerly 23.04.004)

The County Surveyor shall coordinate the recording of all applicable documents which are required to effectuate the lot line adjustment with the applicant, the applicant’s title officer, or agent, providing the following criteria have been met:

A. The appeal period has expired or an appeal has resulted in approval by the Planning Commission and/or Board of Supervisors.

B. The Planning Director has certified in writing that any conditions placed on the approved lot line adjustment have been satisfied.

C. The applicant, or the applicant’s title company or agent has submitted copies of the grant deed or deeds for the land proposed to be conveyed for the lot line adjustment and the County Surveyor has determined that the grant deed or deeds are in substantial compliance with the approved lot line adjustment map, and that said grant deed or deeds contain the words, “For Purposes of a Lot Line Adjustment.”

D. In cases where deeds of trust are affected by the adjustment, the applicant, or the applicant’s title company or agent, has submitted copies of the partial reconveyance and supplemental deeds of trust to the County Surveyor and the County Surveyor has determined that said documents are in substantial compliance with the approved lot line adjustment, the Subdivision Map Act, and this title.

E. Property corners created by the adjustment have been monumented in accordance with the Land Surveyor’s Act; the applicant has submitted a record of survey map and a deed to effectuate the lot line adjustment to the County Surveyor; and the County Surveyor has determined that said deed and record of survey map are in substantial conformance with the approved lot line adjustment map. The title of the deed and record of survey map shall include the words “Lot Line Adjustment.” The requirements for monumentation and filing of a deed and record of survey map may be waived by the County Surveyor if:

1. The lot line adjustment transfers aliquot parts of sections consisting of quarter-quarter sections or larger; or

2. The adjusted boundary line can be easily and satisfactorily located from existing monumentation and record information.

F. All applicable fees have been paid. Recordation of the grant deed or deeds, record of survey map, partial reconveyance, and supplemental deeds trust, if applicable, shall be concurrent and shall constitute constructive notice of the adjustment.

G. The applicant has provided a guarantee issued by a title company licensed to do business in California, in a form and amount approved by the County Counsel, setting forth the names of all parties having record title interest as of the day of recording. The lot line adjustment may not be recorded unless all owners have consented to the adjustment. (Formerly 23.04.005)

Any lot line adjustment approved pursuant to this section must be evidenced by the recordation of a deed or a record of survey recorded with the County Recorder within 180 days of approval. A record of survey may only be required if necessitated by Cal. Bus. & Prof. Code § 8762. The lot line adjustment will be deemed finally approved only upon recordation of the deed. If not recorded within 180 days, the approval will expire and be null and void. Upon written request by the applicant, the Planning Director may grant an additional extension not to exceed 180 days. A copy of the recorded document must be promptly returned to the Planning Department by the applicant. (Formerly 23.04.006)