Sonoma Municipal Code Ch. 16.07 Lot Line Adjustments and Parcel Mergers

This chapter provides procedures for the preparation, filing, processing, and approval or denial of lot line adjustment applications, consistent with the policies of the General Plan and the requirements of Map Act Section 66412(d). This chapter also provides procedures for voluntary parcel mergers. (Ord. 06-2022 § 1, 2022).

A. As provided by Map Act Section 66412(d), the lot line adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this chapter, an “adjacent parcel” is one that directly touches at least one of the other parcels involved in the adjustment.

B. Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter. (Ord. 06-2022 § 1, 2022).

A lot line adjustment application shall be prepared, filed and processed as provided by this section.

A. Application Content. A lot line adjustment application shall include all information and other materials required by the department.

B. Processing. Lot line adjustment applications shall be submitted to the department and shall be processed in compliance with the procedures specified by Chapter 19.52 SMC, Applications: Filing and Processing. No environmental review shall be required, in compliance with the CEQA guidelines. (Ord. 06-2022 § 1, 2022).

The city engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of the development code. The city engineer may approve, conditionally approve, or deny the lot line adjustment in compliance with this section. Decisions made by the city engineer may be appealed to the commission in compliance with Chapter 19.84 SMC, Appeals.

A. Required Findings. A proposed lot line adjustment shall be denied if the city engineer finds any of the following:

1. The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;

2. Any parcel resulting from the adjustment will conflict with any applicable regulations of the development code; or

3. The adjustment will result in an increase in the number of nonconforming parcels.

B. Conditions of Approval. In approving a lot line adjustment, the city engineer shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of the development code and SMC Title 14, Buildings and Construction, or to facilitate the relocation of existing utilities, infrastructure, or easements. (Ord. 06-2022 § 1, 2022).

Within 12 months after approval, the lot line adjustment process shall be completed in compliance with this section through the recordation of a deed, after all conditions of approval have been satisfied.

A. Completion by Deed. A lot line adjustment shall not be effective or finally completed until recordation of a grant deed or deeds signed by the record owners. The applicant shall submit deeds to the city engineer for review and approval in compliance with subsection (B) of this section, before recordation of the grant deed. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in the state.

B. Review and Approval by City Engineer. The city engineer shall:

1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;

2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;

3. Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;

4. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and

5. After approval of the legal descriptions, assemble the deeds and return them to the applicant’s title company for recordation.

C. Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within 12 months of approval. (Ord. 06-2022 § 1, 2022).

A. Merger Not Required. Two or more contiguous parcels or units of land which have been subdivided under the provisions of the development code or the Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under the development code shall be required for the purpose of sale, lease or financing, except as provided by this chapter.

B. Processing of Requested Merger. Upon request of the legal owner of contiguous parcels, the city may approve the merger of the property in compliance with Map Act Section 66499.20 3/4. The request shall be in writing and shall be accompanied by data and documents as required by the department.

1. Review Authority. The city engineer shall have the authority to review and approve proposed parcel mergers, except that council review and approval shall be required for a proposed merger associated with a project that has not been previously considered by the commission.

2. Conditions of Approval. In approving a merger, the city engineer may impose reasonable conditions. The reasonableness of conditions imposed by the city engineer may be appealed within 10 days of written notice of the conditions to the council in compliance with Chapter 19.84 SMC, Appeals.

3. Completion of Merger. Upon approval, a notice of lot merger shall be filed with the county recorder. The form and content of the notice shall be as required by the city engineer. (Ord. 06-2022 § 1, 2022).