Sec. 25-70. - Definition of lot line adjustment.

(a)

Lot line adjustment is a minor realignment of boundary lines between two (2) or more existing legal parcels, where the land taken from one (1) parcel is added to an adjacent parcel. For purposes of this definition, unless exempted by the planning director, a request shall be deemed minor only if all the following statements are true:

(1)

No parcel is completely relocated;

(2)

No parcel is reduced in size by more than thirty percent (30%) or enlarged by more than one hundred percent (100%);

(3)

No existing parcel is subject to merger or otherwise undevelopable; and

(4)

The adjustment is not subject to the California Environmental Quality Act, (CEQA) pursuant to Section 25-70.2.

(b)

Applications for a lot line adjustment shall be processed in accordance with Section 25-70 et seq. of this chapter. Where the relocation of boundary lines is not "minor," the request shall be deemed a "parcel reconfiguration" and shall be processed in accordance with Section 25-11.5 of the Subdivision Ordinance.

(Ord. No. 4399 § 2, 1991.)

The relocation of parcel boundaries shall be subject to the California Environmental Quality Act (C.E.Q.A.) if any of the following is true:

(a)

The adjustment has possible impacts, or increases the potential for impacts on a sensitive or protected environment, or an area of hazardous or critical concern; or

(b)

The adjustment request involves five (5) or more parcels, or parcels which have been lot line adjusted in the previous two (2) years, and could result in cumulative or significant adverse impacts, to include, but not limited to, growth inducing effects, effects which change the pattern of land use, population density or natural systems.

(Ord. No. 4399 § 3, 1991.)

Applications for lot line adjustments, as defined by Section 25-2, shall include the following information:

(a)

An accurate eight and one-half inch (8½″) by eleven inch (11″) site plan which depicts for each parcel included the location of existing and proposed boundary lines, parcel sizes, dwellings, structures, sewer lines, utilities, roads, easements, sewage systems, wells and other water supplies, and drainage. The site plan shall be prepared by a licensed land surveyor or a registered civil engineer;

(b)

A title report or other disclosure setting forth the names and recorded document numbers of all owners and holders of beneficial interests in the parcels to be adjusted;

(c)

A completed application form and indemnification agreement;

(d)

Current ownership deeds and, if necessary, proof of existing legal parcel status;

(e)

A current assessors parcel map and a location map;

(f)

A processing fee as prescribed by ordinance of the board of supervisors. In addition to the processing fees prescribed in Ordinance 4057 [6], lot line adjustment requests involving more than two (2) parcels shall be charged a supplemental application fee for each additional parcel. Application fees may be adjusted by the board of supervisors;

(g)

A proposal statement describing the purpose of the lot line adjustment. The proposal statement should also indicate the desired final parcel sizes and include a request to voluntarily merge any and all parcels and parcel fragments underlying the final parcel configuration;

(h)

Where an adjustment is proposed between parcels in different land use or zoning districts, a concurrent application for a zone change, general plan, and/or specific plan amendment shall be submitted as necessary to ensure district boundaries coincide with the resultant property lines. This requirement may be waived, if the planning department finds that the proposed changes are insignificant;

(i)

Other information as deemed necessary to verify the developability of an existing parcel or adequately review the proposal. (Amended during 12-92 supplement; Ord. No. 4399 §§ 5, 6, 1991.)

or later enacted ordinance.

(a)

Lot line adjustments shall be processed in accordance with the following provisions:

(1)

Upon determining the application to be complete, the planning department shall refer the application to county departments, area agencies, and other interested parties for comments and recommendations. All referral responses shall be directed to the planning department within fourteen (14) days;

(2)

Upon completion of the referral period, the planning department shall review the lot line adjustment proposal for conformance with the approval criteria set forth in Section 25-70.5 and shall administratively approve, deny or conditionally approve the request;

(3)

In lieu of the above procedures, if a hearing is requested or any significant issues or protests are raised during the referral period, the planning department may refer such request to zoning administrator for determination. The zoning administrator shall have the authority to approve, deny or conditionally approve lot line adjustments after conducting a duly noticed public hearing;

(4)

The final decision shall be mailed to the applicants, and those who submitted comments during the referral period. Decisions may be appealed within ten (10) calendar days pursuant to Section 25-13.5.

(Ord. No. 4399 § 6, 1991.)

(Ord. No. 6523, § VII(Exh. D), 6-3-2025)

(a)

Decisions on lot line adjustments shall be based on a determination of whether or not the resulting parcels, as conditioned, will conform with local zoning and building ordinances. For purposes of this section, "zoning and building ordinances" shall include all county codes, ordinances, and general plan policies which relate to the development of real property or the construction of improvements thereon excepting those improvements, exactions and dedications required of subdivision requests.

(b)

The resultant parcels shall be reviewed to assess the following:

(1)

The resultant parcels comply with the lot sizes, setbacks, and other development criteria of the zoning ordinance and general plan;

(2)

The resultant parcels will have suitable building sites outside of geologic or flood hazard areas, and sensitive "open space" areas;

(3)

The resultant parcels will have legal access to a public road or right-of-way;

(4)

The resultant parcels will have adequate potential for suitable water supply and sewage disposal; and

(5)

The lot design achieves an acceptable and justifiable configuration which fosters sound land use patterns.

(c)

Notwithstanding the above, where existing parcels do not conform with county standards, a lot line adjustment may be approved if it increases the overall conformity of the parcels with the above criteria. The decision-making body will have the discretion to deny such requests, or condition approvals to achieve a greater degree of conformity.

(d)

Where the development of an existing parcel is not feasible because of physical constraints arising from size, shape, soil, geologic conditions, water availability or inaccessibility, and such parcel is proposed to become developable through the lot line adjustment process, the county may deny such requests or require the resultant parcels to comply with the minimum lot size and density of the zoning district.

(e)

For purposes of this section "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social and technological factors. Where an existing parcel would qualify as developable except for lack of one (1) of the following: suitable septic and leachfield site, adequate water supply, or legal access, such parcel shall be considered developable if the shortcoming can be remedied by a recorded easement over an adjacent parcel. Where the developability of an existing parcel is disputed, the burden of proof shall lie with the applicant.

(f)

An adjustment shall not be approved if it increases the overall subdivision potential between adjacent parcels beyond that previously allowed by the density unless such approval is conditioned to require a rezoning to a "B7" or other restrictive zoning.

(g)

Adjustments which involve a parcel within the Williamson Act, may be approved only if the resultant parcels will comply with the county's agricultural preserve guidelines.

(h)

Adjustments which involve sections of railroad right-of-ways may be approved only if: 1) the section of right-of-way is combined with an adjacent legal lot, and 2) the adjustment is consistent with this chapter and the general plan policies regarding railroad right-of-ways.

(Ord. No. 4399 § 6, 1991.)

(a)

The county may only impose conditions of approval to ensure that the adjustment conforms to local zoning and building ordinances, or to facilitate the relocation of existing structures, utilities, infrastructure, sewage systems, water systems, drainage systems or easements. Conditions to be imposed must relate to impacts that are created or made more likely by the lot line adjustment. When requiring conditions of approval, the hearing body shall make such conditions proportionate to the level of impacts or development resultant from the lot line adjustment.

(b)

If a condition or provision cannot be required by the above authority, the hearing body may deny the request; optionally, the applicant may voluntarily include such mitigations or provisions in the project proposal. The hearing body may condition an adjustment as necessary to ensure and secure compliance with any provision of the proposal statement. Conditions may also be attached which inform owners of county requirements related to land use or development.

(Ord. No. 4399 § 6, 1991.)

(a)

Adjustments shall be finalized by complying with all the conditions of approval and recording a deed which conveys the adjusted lands to the new owner within twenty-four (24) months of the final approval date. Time extensions may be granted in the manner set forth in Section 25-23.

(b)

The deed shall reference the lot line adjustment being implemented. The recordation of deeds shall evidence the owner's express and implied intent to extinguish any and all underlying parcels or parcel fragments and to recognize the parcel configuration approved by the decision-making body. A certificate of compliance may be issued on any parcel which has resulted from a duly approved and recorded lot line adjustment.

(c)

An adjustment shall not be recorded until:

(1)

The assessor's office has been notified, by a combining agreement, of the pending changes in parcel configuration;

(2)

The tax collector's office indicates all taxes or assessments due on each parcel are paid or cleared;

(3)

The county surveyor approves all legal descriptions; and

(4)

The planning department ascertains all other conditions of approval are complied with and has stamped the deeds approved.

(d)

Where an adjustment involves a parcel encumbered by a deed of trust or other financing document, such documents shall be modified prior to or concurrently with the recording of the lot line adjustment so as to conform to the newly reconfigured parcel.

(e)

Where an adjustment necessitates a change in zoning district boundaries, such rezoning shall not be finalized until the adjustment is finalized.

(Ord. No. 4399 § 6, 1991.)