Tuolumne County Municipal Code Ch. 16.09 Lot Line Adjustment

adjustment is effective, nor may any document seeking to evidence a lot line adjustment be submitted for recording, nor be recorded, until an application is approved by the County Surveyor, and consent to record is given pursuant to this Chapter. (Ord. 3290 § 1, 2015; Ord. 2132 § 6 (part), 1996)

A. Processing. An applicant seeking a lot line adjustment shall submit an application for Lot Line Adjustment, signed by the owners of the properties being adjusted, to the County Surveyor with the following:

1. An exhibit map drawn to scale, prepared by or under the direction of a licensed surveyor. The exhibit map shall include the existing and proposed lot or parcel lines, lot or parcel size prior to the proposed adjustment, lot or parcel size after the adjustment, current assessor parcel numbers, location of existing improvements such as buildings, wells, roads, utilities, easements, and approximate location of each sewage treatment and disposal system that is within 100 feet of the lot or parcel lines proposed by the application, the existing zoning and General Plan designation(s), and, if applicable, the proposed zoning and General Plan designation(s).
2. If applicable, a letter from each utility company with existing facilities, infrastructure or easements on the lots or parcels to be adjusted regarding the effect the lot line adjustment may have on its interests.
3. A current preliminary Title Report or a preliminary Parcel Map Guarantee covering all affected lots or parcels. The date of the Title Report or Parcel Map Guarantee shall be within 90 days of the date of submittal to the County and shall indorse the names on the Lot Line Adjustment application as the vested owners. B. Review. The review shall be limited to ensure the resulting lots or parcels conform to Chapters 13.04, 13.16, 15.04, Section 15.20.060 and Title 17 of this Code, to require prepayment of real property taxes, and to facilitate relocation of utility facilities, infrastructure and easements.
   Review by the Building and Safety Division and the Fire Prevention Division is limited to determine whether existing structure(s) will meet building setbacks after the lot line adjustment, on adjusted lines only. The Planning Division’s review for compliance with Title 17 is limited to determine if the proposed lots or parcels comply with the minimum lot or parcel size requirement, whether existing structure(s) will meet building setbacks on adjusted lines only, and whether the lot line adjustment complies with Section 17.06.035 of this Code. The Environmental Health Division’s review is limited to determine whether existing wells, septic tanks and leach fields will meet setbacks, and whether the required minimum expansion area for repair of a sewage disposal system will exist on each applicable lot or parcel after the lot line adjustment. The Engineering Division’s review is limited to determine whether existing utilities, infrastructure, and easements will need to be relocated. No tentative map, parcel map, final map, or record of survey shall be required as a condition to the approval of a lot line adjustment.
   Within 15 calendar days after submittal of a complete application, the advisory agencies shall complete their review. Within 21 calendar days after the completion of review by the advisory agencies, the County Surveyor shall take action to approve, approve with conditions, or deny the application. The advisory agencies are limited to the Tuolumne County Building and Safety Division, Planning Division, Environmental Health Division, Fire Prevention Division and Engineering Division. C. Recording.
4. The lot line adjustment shall be reflected in a deed(s) which shall be recorded. A parcel map for lot line adjustment may be recorded rather than a deed(s).
5. The legal description(s) or parcel map shall be prepared by a licensed surveyor and shall describe each resulting lot or parcel in conformance with the approved exhibit map for lot line adjustment and shall be submitted to the County Surveyor for approval together with: a. The fee for checking the parcel map or legal descriptions as set forth in Section 3.40.010(P)(13) or (33) of this Code, respectively. 16-15

b. Closure calculations and supporting documents necessary to check the legal descriptions or parcel map.
c. An updated Title Report, the date of which shall be within 90 days of the date of submittal to the County.
3. Any lot line adjustment by deed(s) shall be evidenced by a County Surveyor’s Consent to Record authorizing the recordation of the deed(s).
The deed(s) recorded pursuant to this section shall include language reflecting that the transfer is a result of a lot line adjustment and not a division of land. 4. The deed(s) or parcel map shall be filed for recordation with the County Recorder within 36 months of the approval of the exhibit map for lot line adjustment. Upon application of the applicant, the County Surveyor may grant extensions for a period or periods not exceeding a total of three (3) additional years. Failure to record the deed(s) or parcel map within the required time shall terminate all proceedings and no deed(s) or parcel map reflecting the lot line adjustment of the real property shall be recorded without first obtaining approval of a new lot line adjustment application. 5. Prior to recording the deed(s) or parcel map, the applicant shall submit to the County Surveyor, the following: a. Proof that taxes and assessments due and payable on the lots or parcels have been paid and, whenever any part of the lots or parcels is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, proof that the applicant has executed and filed with the County Tax Collector security conditioned upon the payment of all state, county, municipal, and local taxes and the current installment of principal and interest of all special assessments collected as taxes, which at the time the deed(s) or parcel map are recorded are a lien against the property, but which are not yet payable. If the applicant deposits cash to secure the payment of the estimated taxes or special assessments required herein, the County Tax Collector shall draw upon the cash deposit, at the request of the taxpayer, to pay the taxes or special assessments when they are payable. b. A request for separation/combination form approved by the County Tax Collector. c. A consent form evidencing approval of the lot line adjustment signed and acknowledged by all lien holders and other parties holding record title interest in the property. d. If applicable, proof that all the conditions of approval have been satisfied. e. The recording fee as set forth in Chapter 3.40 of this Code. 6. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. (Ord. 3290 § 1, 2015; Ord. 3215 § 1, 2013; Ord. 2314 § 63, 1999; Ord. 2132 § 6 (part), 1996). 16-16