Section 66412 of the Government Code of the State of California provides that lot line adjustments are excluded from the requirements of the Subdivision Map Act when they have been approved by the local agency or advisory agency. The purpose of this Article is to provide a procedure for granting such approval.
Nothing in this Article is intended to prohibit a subdivider from proposing lot line adjustments in conjunction with a subdivision of land, which is being proposed by means of a final map or parcel map. In addition, an applicant may follow the parcel map procedures set forth in Article 15 (commencing with section 7-01-2150) of this Chapter to accomplish a lot line adjustment as an alternative to following the procedures in this Article.
as used in this Article, means the division of two (2) or more existing adjacent parcels for the purpose of conveying land from one (1) or more parcels to one (1) or more adjacent parcels, where a greater number of parcels than originally existed is not thereby created.
(a)
A lot line adjustment map as described in section 7-01-2530 of this Article is required for all lot line adjustments.
(b)
The applicant for a lot line adjustment shall deliver to the Planning and Development Director eight (8) copies of a lot line adjustment map on which the proposed lot line adjustment is shown. At the time of delivering the lot line adjustment map, the applicant shall pay to the Planning and Development Director the applicable filing fee set forth in Article 5 of this Chapter to defray the expenses incidental to processing the map.
(c)
The lot line adjustment map shall not be deemed to be filed until the Planning and Development Director has made the review authorized by section 65943 of the Government Code of the State of California and has determined whether the map and accompanying documents are complete. When the Planning and Development Director has determined that said map and documents are complete, and has transmitted the written notice that the map and documents are complete, or when the thirty (30) day period has expired, all as set forth in said section 65943, the lot line adjustment map shall be deemed to be filed. If the Planning and Development Director notifies the applicant that the map and documents are not complete, the map shall not be deemed to be filed until the Planning and Development Director determines that all information required by the notice has been provided by the applicant.
(d)
Within five (5) days after the delivery of the lot line adjustment map, the Planning and Development Director shall submit copies of the lot line adjustment map and accompanying documents to the Public Works Director, the County Health Department, the County Fire Warden and to each of the public utilities affected, together with a request for recommendations on the proposed lot line adjustment. The Planning and Development Director may also transmit copies of the lot line adjustment map and accompanying documents to water districts, irrigation districts, community services districts, and other public and private agencies affected by the proposed lot line adjustment, together with requests for recommendations on the proposed lot line adjustment.
The lot line adjustment map shall be on paper eight and one half (8 1/2) by eleven (11) inches or eighteen (18) by twenty six (26) inches. The lot line adjustment map shall be legibly drawn in pencil or ink and shall use a decimal or an engineer’s scale adequate and appropriate for the map. The lot line adjustment map shall clearly show the following information:
(a)
The boundary lines of the original parcels, with dimensions. Such information shall be based on existing survey or other record data.
(b)
The proposed division lines with dimensions and the net area of each lot to be created by such lot line adjustment.
(c)
All existing surface and underground structures and improvements located on the original parcels within fifty (50) feet of the boundary of each unit of land to be transferred or conveyed between adjoining lots or parcels.
(d)
The names, locations and widths of all abutting streets.
(e)
The location, purpose and width of all existing and proposed streets and easements affected by or in close proximity to the land to be conveyed between adjoining lots.
(f)
The existing and proposed use of the property to be divided.
(g)
The existing and/or proposed water supply.
(h)
The existing and/or proposed method of sewage disposal.
(i)
A description of all the property involved in the lot line adjustment sufficient to identify it on the County Clerk/Recorder/Assessor’s Maps, including the section, township and range in which the property is located.
(j)
Such other information as the Planning and Development Director determines is necessary for him to properly consider the proposed lot line adjustment.
The lot line adjustment map shall be accompanied by the following information:
(a)
Legal descriptions of each adjusted parcel shown on the lot line adjustment map.
(b)
A certificate signed by the legal owner or owners or an authorized agent stating that a lot line adjustment is requested and certifying that the information shown on the map is true and correct. If the certificate is signed by an agent of the legal owner, such agent shall submit written authorization from the owner to file the map.
(c)
A current statement or preliminary title report describing all rights-of-way, easements, lienholders, and record title interests to which each parcel shown on the lot line adjustment map is subject.
(Amended by Ord. No. 3191, effective 11-27-97)
(a)
In his review of lot line adjustment maps, the Planning and Development Director shall comply with the general principle that dedications and improvements required in this Chapter for subdivisions involving tentative and final maps or parcel maps are not applicable to lot line adjustments unless the proposed lot line adjustment will result in increased traffic, demands for additional water, sewage disposal or storm water drainage, or other impacts necessitating improvements and dedications for the protection of the public health, safety, convenience or general welfare.
(b)
Whenever the Planning and Development Director determines that dedications and/or improvements may be necessary in order to carry out the provisions of section 7-01-2545 of this Article, he shall immediately refer the lot line adjustment map to the Site Plan Review Committee. The Site Plan Review Committee shall review the map and determine what dedications and improvements, if any, should be made by the applicant. The Site Plan Review Committee shall not require any dedications or improvements beyond those required for parcel maps in Article 15 (commencing with section 7-01-2150) of this Chapter. The Site Plan Review Committee shall thereafter advise the Planning and Development Director what dedications and improvements are to be required. If the Site Plan Review Committee determines that improvements are required, the Committee shall determine at what time such improvements are to be constructed under the same provisions of this Chapter as apply to parcel maps. Agreements for constructing such improvements, security for such agreements and all other matters pertaining to such improvements shall also be governed by the same provisions of this Chapter as apply to parcel maps.
(c)
Regardless of the foregoing provisions, no dedication or improvement shall be required except to conform to the applicable zoning or building code regulations effective in the area, or to facilitate the relocation of existing utilities, infrastructure or easements.
The Planning and Development Director shall approve the proposed lot line adjustment whenever it can be shown that the lots which will result from the proposed lot line adjustment conform to all the applicable zoning and building code regulations in effect in the area.
In addition to any other basis for disapproval, the Planning and Development Director may disapprove a lot line adjustment if he or she determines that there is no real relationship between the existing parcels and the proposed new parcels and that the proposal is more adequately processed as a merger and resubdivision pursuant to section 66499.20-1/2 of the Government Code of the State of California.
(a)
The Planning and Development Director shall review the proposed lot line adjustment map and, within fifteen (15) days after the lot line adjustment map was filed, approve, conditionally approve, or disapprove the lot line adjustment map. However, if the lot line adjustment map is referred to the Site Plan Review Committee, pursuant to section 7-01-2540 of this Article, the Planning and Development Director shall have thirty (30) days after the map was filed to take such action. The date of filing a lot line adjustment map shall be determined in accordance with section 7-01-2525 of this Article. Said time limits may be extended by mutual consent of the Planning and Development Director and the applicant. The Planning and Development Director shall give written notice of his action to the applicant and to the affected County departments and to each public and private agency to which a copy of the lot line adjustment map was transmitted.
(a)
If the Planning and Development Director approves the lot line adjustment map, the written decision of the Planning and Development Director approving the adjustment shall be filed for recording with the County Clerk/Recorder/Assessor. Such decision shall contain a legal description of each parcel resulting from the lot line adjustment.
(b)
The lot line adjustment shall not be effective until the decision of the Planning and Development Director approving the map has been recorded as set forth in subsection (a) of this section. Said decision shall not be recorded until the appeal period specified in section 7-01-2565 of this Article has expired without an appeal having been filed or until the applicant waives his right to appeal, whichever occurs first. If an appeal is filed, said decision shall not be recorded until the termination of the appeal proceedings.
(c)
Whenever any part of the property included in a lot line adjustment map is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the Planning and Development Director’s decision identified in paragraph (a) above shall not be recorded until the owner or owners execute and file with the Clerk of the Board of Supervisors the same security for payment of said taxes and special assessments as is required for final maps and parcel maps pursuant to Section 66492 and 66493 of the Government Code of the State of California. Said security shall be held, applied and released in full compliance with the procedures applicable to maps under Section 66494 of the Government Code of the State of California. However, pursuant to Government Code section 66493(d), the Tax Collector may in his or her sole discretion waive this requirement if the amount of such taxes and special assessments on the affected parcel(s) totals less than $15,000 and the new owner or owners of such parcel(s) enter into a written security agreement with the Tax Collector, in a form approved by County Counsel, to pay the total of such taxes and special assessments when due and payable. This security agreement shall become a recorded lien on the whole of the augmented parcel at the time of the recording of the Planning and Development Director’s decision and said agreement accepted in lieu of the security otherwise required by this subsection. Upon full satisfaction of all taxes and special assessments secured by such security agreement, the Tax Collector shall record a release of lien. Any decision by the Tax Collector refusing to accept such alternative may be appealed to the Board of Supervisors pursuant to Section 165 of the Ordinance Code of Tulare County and the Board, in its sole discretion, may deny the appeal or uphold the appeal and enter into such a security agreement, thereby waiving any other security requirements under this subsection.
(d)
If dedications or improvements are require by the Site Plan Review Committee, the decision of the Planning and Development Director shall not be recorded until the required dedications have been made and, if required by the Site Plan Review Committee, an agreement with security is on file for construction such improvements.
(e)
In cases where the lot line adjustment includes lots which are: 1) owned by different individuals, or by the same individual(s) but in a different method or capacity; and/or 2) subject to deeds of trust or recorded agreements of sale for any length of time; and/or 3) subject to recorded leases for a term of 15 years or more (including original term, plus any renewal options), modified deeds, deeds of trust, agreements of sale or leases and/or other instruments as appropriate to make such recorded real property interests coincide with the newly approved parcel boundaries as described in the lot line adjustment decision shall be recorded simultaneously with the recording of the decision of the Planning and Development Director approving the lot line adjustment. In cases where one or more lots are being merged, beneficiary consent forms, modified deeds of trust, deeds of reconveyance and/or other instruments as appropriate shall be simultaneously recorded for all outstanding recorded deeds of trust to acknowledge of record by the trust deed beneficiaries that the lots have been merged and that they are aware of and consent to the merger.
(f)
The recording of the decision of the Planning and Development Director shall supersede all prior recorded parcel maps, subdivision maps or other documents which created the superseded parcels and the boundaries created by the decision of the Planning and Development Director shall prevail over the earlier recorded boundaries, and the recorded decision of the Planning and Development Director shall so state.
(Amended by Ord. No. 3364, effective 08-07-08; Amended by Ord. No. 3191, effective 11-27-97)
After the action by the Planning and Development Director on the lot line adjustment map, the applicant may appeal to the Board of Supervisors within the time limits and pursuant to all the same procedures and requirements which are set forth for tentative parcel maps in section 7-01-2350 of this Chapter. In the case of such an appeal, the Planning and Development Director shall perform all of the duties set forth for the Site Plan Review Committee under said section 7-01-2350.
The procedure set forth in Article 19 (commencing with section 7-01-2620) of this Chapter pertaining to exceptions shall apply to lot line adjustments. Insofar as possible, the procedure applicable to exceptions for parcel maps shall be applicable to lot line adjustments. However, the Planning and Development Director, rather than the Site Plan Review Committee, shall carry out the required duties in connection with such exceptions and public hearings shall not be held in connection with said exceptions.