§ 21.02.030. Lot line adjustments.

(a)

General. Lot line adjustments between four and fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created, shall be processed pursuant to this section.

(b)

Application Contents. Lot line adjustment applications shall be submitted to the planning department and include the following:

(1)

Application Form. A completed application form.

(2)

Preliminary Title Report. Two copies of a preliminary title report concerning the property, dated not more than six months old, with an updated title report required at the time recordation of the final map or certificates of compliance.

(3)

Lot line adjustment map. Fifteen copies of a lot line adjustment map accurately drawn to scale. Measurements shall be identified by feet, square feet or acres to the nearest tenth. One copy of a reduction of the map on material measuring eight and one-half inches by eleven inches shall also be submitted. The map shall meet the following criteria:

a.

Size and scale. The size and scale of the prints shall be the same as those for tentative maps set forth in Section 21.02.044.

b.

Record data. All exterior and interior lines shall be shown on the map and shall be identified by course and bearing description, based on survey data, calculated data, or information of record. If a survey is done, any monuments established must be shown on a record of survey filed in accordance with the Land Surveyors Act, Business and Professions Code section 8700, et seq.

c.

Lot lines. Proposed new lines and lines to be eliminated shall be so identified in written notation or by legend. Lines to be eliminated shall be dashed or otherwise drawn so as to be clearly distinguishable from and subordinate to remaining and new lines.

d.

Lot areas. The area of all existing and proposed parcels shall be identified and listed in acres or square feet.

e.

Existing structures. All existing structures, wells, septic tanks, driveways, and other improvements located on the original parcels shall be accurately located, identified, and drawn to scale. The distance between structures, the distances from existing structures to the boundary lines of the existing and the proposed parcels, and the height of each structure shall be shown. Such distances shall be established by a registered civil engineer's or licensed land surveyor's survey when deemed necessary by the planning department.

f.

Streets. The locations, names, county road numbers, and widths of all adjoining and contiguous highways, streets and ways.

g.

Easements. The locations, purpose, and width of all existing and proposed easements, streets (with proposed names) and appurtenant utilities.

h.

Drainage. The approximate location of all watercourses, drainage channels, and existing drainage structures.

i.

Landforms. The approximate location of other topographic or man-made features, such as bluff tops and ponds.

j.

Lakes and oceans. Approximate high water lines in lakes or reservoirs, and the mean high tide line of the ocean.

k.

Flood hazard. The location of all areas subject to inundation or stormwater overflow.

l.

Property description. A description of the property as well as the assessor's parcel number(s) for the property.

m.

Map information. A north arrow and scale and a vicinity map.

(4)

Verification of parcel legality. The application shall include copies of recorded certificates of compliance or other information to confirm that the parcels to be adjusted are existing legal parcels.

(5)

Statement of explanation. The application shall contain any additional information necessary to explain the request. A statement shall be prepared and submitted by the applicant showing how the proposed lot line adjustment satisfies the criteria that are required by this section.

(6)

Other information. Any additional information required by the list(s) maintained by the planning department, prepared under Government Code section 65940, which specify in detail information required to be submitted prior to the determination by the planning department that an application is complete.

(c)

Criteria to be considered. Lot line adjustments are limited to four or fewer parcels. A lot line adjustment shall not be approved or conditionally approved unless the new parcels resulting from the lot line adjustment will conform to the County's General Plan, Specific Plan, Local Coastal Program, and zoning and building ordinances. The criteria to be considered includes, but is not limited to, standards relating to parcel design and minimum lot area. These criteria may be considered satisfied if the resulting parcels maintain a position with respect to said criteria which is equal to or better than such position prior to approval or conditional approval of the lot line adjustment.

(d)

Action on lot line adjustments. The county shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the general plan, local coastal program, and zoning and building ordinances. The county shall not impose conditions or exactions on the approval of a lot line adjustment except to conform to the provisions of Title 19 and Title 22 of this code, or except to facilitate the relocation of existing utilities, infrastructure, or easements. Lot line adjustments that do not meet the criteria set forth in the following subsection (d)(1) are considered discretionary, subject to action by a review authority described in subsections (d)(2) through (d)(3).

(1)

Minor lot line adjustments. The provisions of this section establish the criteria for approving tentative minor lot line adjustments that meet the standard of this subsection. The tentative approval of minor lot line adjustments and subsequent review and approval of deeds are ministerial acts and not subject to CEQA. A minor lot line adjustment application is subject to the completeness review provisions in Section 21.02.070 and shall contain all required content described above in Section 21.02.030(b). After the filed application is deemed complete the planning director shall tentatively approve the minor lot line adjustment if it meets the standards in this subsection, provided however that the county surveyor may impose conditions as part of such tentative approval to ensure that the standards established by subsection (e) will be satisfied prior to recordation of the map or deed(s) consummating the lot line adjustment. Applications complying with the following standards can be processed as a minor lot line adjustment pursuant to this subsection:

a.

No parcel is located within the coastal zone of the county;

b.

The adjustment is not being processed in conjunction with any land use permit application;

c.

No parcel is completely relocated;

d.

For existing parcels that do not meet minimum parcel size, resulting parcels shall not be reduced in size by more than ten percent;

e.

For existing parcels that meet minimum parcel size, all resulting parcels shall also meet minimum parcel size as defined in Section 22.22.010 through 22.22.140 of Title 22 of the County Code;

f.

All existing lots shall be considered a buildable parcel as defined in Section 21.01.020;

g.

No modification to standards within Title 19 and/or Title 22 is required to approve the proposed lot line adjustment; and

h.

For properties under a Williamson Act agricultural preserve and land conservation contract (if applicable) the minor lot line adjustment must be consistent with Government Code Section 61257 et seq. and prior to action by the planning director, the lot line adjustment shall be reviewed by staff to determine if an amendment to the agricultural preserve and land conservation contract is necessary. Any required amendments to the agricultural preserve and/or required replacement land conservation contract shall be recorded concurrently with the final map or certificates of compliance.

(2)

The authority to approve, conditionally approve, or deny lot line adjustment applications which do not meet the minor lot line adjustment set forth in Section 21.02.030(d)(1) is delegated as follows:

a.

Action by subdivision review board. Except as provided in subsections (d)(1) and (d)(2) above, the subdivision review board is delegated the authority to approve, conditionally approve, or disapprove lot line adjustment applications. Notice of hearing shall be given pursuant to Section 21.04.010. Provided, however, for lot line adjustments within the coastal zone, notice and hearing requirements shall be as set forth in Sections 21.04.010 and 21.08.020 of this title. The subdivision review board shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the provisions of Title 19 and Title 22 or Title 23 of this code, or except to facilitate the relocation of existing utilities, infrastructure, or easements. The decision of the subdivision review board shall be final unless appealed to the board of supervisors pursuant to Section 21.04.020 of this title.

b.

Action by planning director. The planning director (or designated staff member) is delegated the authority to approve, conditionally approve, or disapprove lot line adjustment applications that do not meet the criteria for a minor lot line adjustment and which are not located within the coastal zone of the county, are exempt from the provisions of the California Environmental Quality Act, and are not being processed in conjunction with any land use permit application. Provided, however, at the request of the applicant or in the discretion of the planning director, any lot line adjustment application may be referred to the subdivision review board for review and decision pursuant to subsection (d)(2)(i) above. Notice of hearing shall be given pursuant to Section 21.04.010. The planning director shall not impose conditions or exactions on the approval of a lot line adjustment except to conform to the provisions of Title 19 and Title 22 of this code, or except to facilitate the relocation of existing utilities, infrastructure, or easements. The decision of the planning director shall be final unless appealed to the board of supervisors pursuant to Section 21.04.020 of this title.

(e)

Final processing. The lot line adjustment shall be reflected in a deed which shall be recorded when all conditions of approval have been satisfied. Any applicable deeds of trust shall be revised in a recorded document or documents to conform to the new configuration of the resulting parcels. The lot line adjustment shall be completed and finalized by the filing of a certificate of compliance for each of the resulting parcels. Provided, however, at the discretion of the applicant, the lot line adjustment may be completed and finalized by the filing of a parcel map pursuant to this title and the Subdivision Map Act. Any such parcel map may be based on compiled record data when sufficient information exists on filed maps to locate and retrace the exterior boundary lines on the parcel map. The determination as to whether sufficient information exists shall be made by the county surveyor.

(f)

Expiration. An approved or conditionally approved lot line adjustment shall expire unless completed and finalized within two years after its approval or conditional approval. The expiration of an approved or conditionally approved lot line adjustment shall terminate all proceedings and now certificate of compliance recognizing the lot lines described in said lot line adjustment shall be recorded without first processing a new lot line adjustment application. Upon application by the applicant, filed prior to the expiration of the approved or conditionally approved lot line adjustment, the time at which the lot line adjustment expires may be extended by the subdivision review board for a period or periods not exceeding a total of one year.

(g)

Approvals within the coastal zone. For lot line adjustment applications located within the coastal zone that are appealable to the coastal commission, approval shall not be final until either all appeal periods have expired and no appeal has been filed, or the coastal commission has approved the applications.

(Ord. 3000 §§ 2, 3, 2003; Ord. 2943 § 3, 2001: Ord. 2636 §§ 9, 10, 1993: Ord. 2602 §§ 6, 7, 1993; Ord. 2582 §§ 5, 6, 1992; Ord. 2581 § 5, 1992: Ord. 2343 §§ 6—8, 1988; Ord. 2070 § 3, 1981: Ord. 1986 § 2 (part), 1979)

(Ord. No. 3363, § 2, 4-3-2018)