Article 6 — Lot Line Adjustments and Mergers

The purpose of this article is to provide a simplified procedure to enable the removal of previously approved parcel lines and lot line adjustments to be approved by the Director of the Planning, Public Works and Environmental Services Department exercising authority as the Zoning Administrator, subject to appeal to the Planning Commission and Board of Supervisors, pursuant to Article 2 of Chapter 2 of this title.

(Ord. 1445, eff. August 14, 2014)

For purposes of this article, “common ownership” shall exist if the title for all properties proposed for merger is vested in the same individual, individuals, firm, or partnership, and all persons required by the Subdivision Map Act to consent to the recordation of a merger instrument have consented to the merger. The definition of contiguous parcels shall be the same as contiguous units as set forth in Section 66424 of the Subdivision Map Act. (Ord. 1445, eff. August 14, 2014)

(a) Pursuant to Section 66412(d) of the Subdivision Map Act, the Zoning Administrator is hereby authorized to approve lot line adjustments, as defined in Section 8-1.201 of this chapter, upon the findings and utilizing the procedures set forth in this article.

(b) Pursuant to Section 66499.20-3 of the Subdivision Map Act, the Zoning Administrator is hereby authorized to approve the merger of contiguous parcels under common ownership as defined in Section 8-1.602 of this article, without a reversion to acreage, upon the findings and utilizing the procedures set forth in this article. (Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1466, eff. March 24, 2016)

The following materials shall accompany an application for a lot line adjustment or merger of parcels pursuant to this article:

(a) The application shall be made on a form provided by the Planning, Public Works and Environmental Services Department.

(b) No application shall be deemed complete or accepted for filing until the applicant has paid the application fee. The Board hereby is authorized to promulgate such fee by resolution, such fee not to exceed the reasonable cost to process the application.

(c) The application shall include a discussion of the purpose for the proposal, the existing and proposed configurations of the parcels, the existing and any proposed improvements, and map diagrams and legal descriptions prepared by a licensed surveyor or civil engineer to illustrate such items with sufficient detail for recordation and to enable the Zoning Administrator to determine whether the findings required by this article are satisfied by the proposal.

(d) The application shall include a preliminary title report, or deeds as necessary, covering all affected parcels.

(e) Applications for lot line adjustments involving two (2) or more parcel owners shall also be accompanied by a deed or deeds as necessary to convey the land subject to the lot line adjustment and to complete the transaction.

(f) All final deeds, diagrams and legal descriptions shall be in a form suitable for recordation in the office of the County Recorder.

(g) All applications pursuant to this article shall include an application for a certificate of compliance pursuant to Section 66499.35 of the Subdivision Map Act, with a waiver of any notice or previous opportunity to be heard, such certificate to be issued and recorded upon the approval of the merger or lot line adjustment. Incomplete applications shall not be filed. The Zoning Administrator shall inform the applicant of what is needed to make the application complete.

(Ord. 1445, eff. August 14, 2014)

Property owner(s) may request and initiate proceedings for the merger of real property by meeting all of the requirements of this chapter and the Subdivision Map Act, provided that all references to the proposed merger and all references to the “subdivider” shall be deemed to be to the applicant for the merger. Any two (2) or more contiguous lots in common ownership, regardless of whether they were created by map or by conveyance, may be merged so as to create one (1) new lot. The Zoning Administrator may impose those conditions, with respect to any illegal lot(s), which it could require for the issuance of a conditional certificate of compliance pursuant to Article 7 of this chapter. (Ord. 1445, eff. August 14, 2014)

(a) The Zoning Administrator shall not approve any merger or lot line adjustment pursuant to this article unless all the following findings have been made in the affirmative:

(1) That the application is complete and that all record title holders who are required by the Subdivision Map Act to consent have consented to the proposed merger or lot line adjustment, and that the proposed merger or lot line adjustment is in compliance with said Act;

(2) That the deeds to be utilized in a transaction, if necessary, accurately describe the resulting parcels, and that the merger or lot line adjustment will not result in the abandonment of any street or utility easement of record;

• (3) That if the lot line adjustment will result in a transfer of property from one owner to another owner, that the deed to the subsequent owner expressly reserves any street or utility easement of record;

• (4) The adjustment is consistent with applicable building ordinances, and that either:

• (i) all of the resulting lots will conform to all applicable zoning requirements including minimum parcel size, or

• (ii) no conforming lot will be made nonconforming with applicable zoning requirements and the adjustment will not increase the aggregate number of all affected lots which do not meet applicable zoning requirements;

• (iii) in the case of an antiquated subdivision and/or Certificate of Compliance that recognizes a series of contiguous small legal lots in an agricultural zone, the adjustment is necessary to cluster small home site parcels of 2.5 to 4.0 acres in one area to reduce impacts to agricultural operations, as set forth in Section 8-2.403 of this chapter;

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

• (6) That the merger or lot line adjustment will not result in the elimination or reduction in size of an access way to any resulting parcel, or that the application is accompanied by new easements to provide access that meet all the requirements of this code;

• (7) That the merger or lot line adjustment is excluded from the Subdivision Map Act, and has been reviewed pursuant to Section 66412(d) of said Act;

• (8) That the merger or lot line adjustment is consistent with the General Plan;

• (9) That the merger or lot line adjustment complies with the zoning regulations and parcel size minimum standards as set forth in Chapter 2 of this title, except as allowed under subsections (4)(ii) and (iii), above;

• (10) That the Zoning Administrator is satisfied that the design of the resulting parcels will comply with the

requirements of this title and provides for water drainage, public road access, water supply sewer system availability, environmental protection, and all other requirements of State laws and this code; and

(11) That the merger or lot line adjustment will not result in a significant effect on the environment pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code 21000 et seq.), and/or is categorically exempt pursuant to CEQA Guidelines Section 15305, as amended.

(12) That, as required by the County Recorder, if there are multiple owners involved, all deeds shall be executed simultaneously with recording the lot line adjustment.

(b) The Zoning Administrator may conditionally approve a merger or lot line adjustment as provided for in Section 66412(d) of the Subdivision Map Act, and the conditions shall be set forth in writing and delivered to the applicant prior to action being taken on the merger or lot line adjustment.

(Ord. 1445, eff. August 14, 2014, as amended by Ord. 1452, eff. January 15, 2015; as amended by § 2, Ord. 1466, eff. March 24, 2016)

(a) If the Zoning Administrator approves a merger or lot line adjustment pursuant to this article, the Zoning Administrator shall waive any requirement for filing a parcel map, and cause a certificate of compliance to be recorded in the office of the County Recorder along with any legal descriptions, map diagrams, or deeds necessary to complete any transaction.

(b) Upon the recordation of the certificate of compliance regarding the approval of a merger pursuant to this article, all separate parcels shown on the merger application shall be merged into one (1) parcel for all purposes and shall thereafter be shown as such on the assessment roll. Upon the recordation of the certificate of compliance regarding the approval of a lot line adjustment pursuant to this article, the previous parcels shall be merged, and the approved resulting parcels shall be created and shall thereafter be shown as such on the assessment roll. (Ord. 1445, eff. August 14, 2014)

Prior to any action being taken by the Zoning Administrator on any merger or lot line adjustment, the applicant shall be entitled to have the Commission review and take action on the requested merger or lot line adjustment. The Zoning Administrator may defer action on any merger or lot line adjustment initiated pursuant to this article to the Commission for consideration. Decisions of the Zoning Administrator under this article shall take effect and appeals thereof made and considered in the manner provided for by Section 8-2.225 of Chapter 2. (Ord. 1445, eff. August 14, 2014)

(a) Pursuant to the authority set forth in Article 1.5 (Section 66451.11 et seq.) of the Subdivision Map Act, a local agency may provide for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner if any one (1) of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size, under the zoning ordinance of the local agency applicable to the parcels or units of land and if all of the following requirements are satisfied:

(1) At least one (1) of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

(2) With respect to any affected parcel described in subsection (1) above, one or more of the following conditions shall be found to exist:

(i) The parcel comprises less than five thousand (5,000) square feet in area at the time of determination of merger.

(ii) The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

(iii) The parcel does not meet current standards for sewage disposal and domestic water supply.

• (iv) The parcel does not meet slope stability standards.

• (v) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

• (vi) The parcel’s development would create health or safety hazards.

(vii) The parcels are inconsistent with the County General Plan and any applicable area plan or specific plan, other than minimum lot size or density standards.

(3) The owner of the affected parcels has been notified of the merger proposal pursuant to Section 66451.13, and is afforded the opportunity for a hearing pursuant to Section 66451.14.

(b) A merger of parcels becomes effective when the local agency causes to be filed for record with the recorder of the County in which the real property is located, a notice of merger specifying the names of the record owners and particularly describing the real property.

(c) Pursuant to Section 66451.13 of the Subdivision Map Act, prior to recording a notice of merger, the local agency shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the County in which the real property is located on the date that notice is mailed to the property owner.

erger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the recorder of the County in which the real property is located on the date that notice is mailed to the property owner.

(d) Pursuant to Section 66451.14, at any time within thirty (30) days after recording of the notice of intention to determine status, the owner of the affected property may file with the local agency a request for a hearing on determination of status. Upon receiving a request for a hearing, the local agency shall schedule and a public hearing, pursuant to Sections 66451.15, 66451.16. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in the merger ordinance.

(e) At the conclusion of the hearing, the local agency shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. If the merger ordinance so provides, a determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in Section 66451.11. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing, as provided for in Section 66451.12.

(f) Any division, by any subdivider, of any unit of parcels declared merged by this section for the purposes of sale, lease, or financing shall constitute a “subdivision” for the purposes of this chapter and the Subdivision Map Act and shall require compliance with this chapter and the Subdivision Map Act.

(Ord. 1445, eff. August 14, 2014; as amended by § 2, Ord. 1466, eff. March 24, 2016)