Solano County Municipal Code Art. IV Lot Line Adjustments

The Zoning Administrator is the Advisory Agency for lot line adjustments and may-approve, conditionally approve, or disapprove applications for lot line adjustments. Notice of hearing should be given pursuant to Section 26-95.1 for all lot line adjustments. An application for a lot line adjustment shall be processed in the same manner as an application for a tentative parcel map. Upon approval of a lot line adjustment, the Advisory Agency shall date and sign a tentative approval form, including applicable legal descriptions and sketches. Any conditions imposed with respect to the approval shall be stated in full on a separate document physically attached to the tentative approval form. Any lot line adjustment that would create a lot that was adjusted as to ownership (including ownership of a security interest) shall be conditioned to require that deeds be recorded simultaneously with the certificate of compliance so as to make ownership boundaries correspond to lot boundaries, and the recording of the certificate of compliance shall constitute consent by the grantee of any such deed to a consolidation of the affected Assessor’s parcels in the grantee’s possession so as to prevent an increase in the number of Assessor’s parcels shown on the County’s assessment roll. If one or both of the parcels are encumbered by a deed of trust or mortgage, the liens of these security instruments shall be modified to correspond to the new lot line.

(Ord. No. 1608, §2)

The application shall not be approved by the Advisory Agency unless it finds as follows:

(a) The adjustment is consistent with applicable building ordinances, and that either

(1) all of the resulting lots will conform to all applicable zoning requirements, or

(2) no conforming lot will be made nonconforming with applicable zoning requirements and the adjustment will not reduce the aggregate area of all affected lots which do not meet the minimum area requirements of their zoning designations;

(b) Approval of the lot line adjustment will not create a greater number of parcels than originally existed;

(c) A letter signed by the Solano County Tax Collector, stating that there are no liens against the properties or any part thereof for unpaid State, County, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable, and stating that security has been filed with the Clerk of the Board of Supervisors for the estimated taxes which are a lien on the property but not yet payable for taxes and special assessments, and stating that security satisfying the requirements of Section 66493 of the Subdivision Map Act has been provided.

(Ord. No. 1608, §2)

Any conditions imposed with respect to the approval shall be stated in full on a separate document physically attached to the tentative approval form. Where applicable, the advisory agency may condition approval of a lot line adjustment as follows:

(a) Any lot line adjustment that would create a lot that was divided as to ownership (including ownership of a security interest) shall be conditioned to require that deeds be recorded simultaneously with the certificate of compliance so as to make ownership boundaries correspond to lot boundaries, and the recording of the certificate of compliance shall constitute consent by the grantee of any such deed to a consolidation of the affected Assessor’s parcels in the grantee’s possession so as to prevent an increase in the number of Assessor’s parcels shown on the County’s assessment roll. If one or both of the parcels are encumbered by a deed of trust or mortgage, the liens of these security instruments shall be modified to correspond to the new lot line.

(b) Any existing utilities, infrastructure, or easements, which must be relocated and/or extended due to the lot line adjustment, shall be relocated and/or extended.

(c) No portion of a parcel that is under an Agricultural Preserve Contract will be transferred to property that is not under an Agricultural Preserve Contract will be transferred to property that is not under an Agricultural Preserve Contract, unless it has been approved by the Planning Commission under the criteria set forth in Section 51257 of the Government Code.

(Ord. No. 1608, §2)

Neither a tentative map, final map nor parcel map shall be required for approval of a lot line adjustment. No record of survey shall be required unless required by Section 8762 of the Business and Professions Code (Professional Land Surveyor’s Act).

(Ord. No. 1608, §2)