Sec. 21-97. - Procedures for filing an application for a lot line adjustment.
Sec. 21-99. - Lot line adjustments—Original parcel lines removed.
The processing, review and approval of a lot line adjustment shall be pursuant to the provisions of the Subdivision Map Act and this article.
(Ord. No. 403, § 8, 7-29-80)
The provisions of this article shall apply to lot line adjustments as described in the Subdivision Map Act.
(Ord. No. 403, § 8, 7-29-80)
Sec. 21-97. - Procedures for filing an application for a lot line adjustment.
(a)
An original application and 12 copies of the site plan must be filed with the director of community development with such non refundable fee as established by resolution or order of the board of supervisors, to cover the cost of processing, reviewing and recording all required documents for the lot line adjustment approval. The county mapping/bond fees shall be collected by the tax collector prior to the tax clearance signature being placed on the parcel map waiver form which must be done prior to recording. In addition, all county recorder's fees shall be collected by the recorder at the time the documents are recorded.
(b)
The application shall be in a manner and form prescribed by the director of community development. Copies of such an application form shall be available to the public at the planning division of the community development agency. The original application filed with the director of community development shall be suitable for recording and must be neatly and accurately drawn, lettered and legible.
(c)
The application form shall be eight and one-half by 11 inches in size and shall contain the following information:
(1)
The actual legal description of the property being transferred, which will be used on the deed(s) transferring the property, including a statement that the transferred territory will be joined with a specific parcel and will not become a separate parcel.
(2)
The legal descriptions of each of the properties after the adjustment.
(3)
A site plan that is accurately drawn, and, shall be neatly and accurately drawn, lettered or typed, legible, and containing the following information:
a.
Date, north arrow, and scale of drawing.
b.
Existing parcel lines (broken and thin) with dimensions.
c.
Adjusted parcel lines (solid and bold) with dimensions.
d.
Location, dimensions, distance to adjusted lines, number of stories or height, of all existing surface and underground structures.
e.
Name, width, and location of existing or proposed, abutting or transversing streets, easements, or right-of-ways.
f.
Number of each parcel corresponding to the description and including the assessor's parcel number (APN) below the parcel number.
g.
Area of each parcel after the adjustment.
h.
Location with dimensions to adjusted lines of existing wastewater disposal systems and all wells.
(4)
Preliminary title reports, copies of the deeds, and other instruments of record title for all of the effected properties.
(d)
The application shall be deemed filed when all provisions of this article have been met.
(e)
The lot line adjustment application form must be signed by all of the property owners involved, including trust deed holders.
(f)
At the time of filing an application for a lot line adjustment, the applicant shall pay the director of community development a non-refundable fee in an amount established by ordinance of the board of supervisors.
(Ord. No. 403, § 8, 7-29-80; Ord. No. 559, § 39, 2-4-97; Ord. No. 566, § 2, 12-16-97; Ord. No. 599, § 17, 6-19-01; Ord. No. 599.1, § 11, 7-28-09)
(a)
A lot line adjustment is a ministerial action and shall be administratively reviewed by the director of community development pursuant to section 21-5(a), who shall ensure that the lot line adjustment conforms to local zoning and building ordinances, shall also consult with the public works department in order to review the legal descriptions, and shall consult with other departments and agencies as is necessary to adequately review the application.
(b)
A lot line adjustment shall not be recorded which does not conform to state law, local ordinance, or other regulation.
(c)
Upon completion of the review of the lot line adjustment, the director of community development shall notify the applicant that either additional information is necessary, and specify what that information is, or inform the applicant that the application is in order and may proceed. The applicant shall then submit copies of the new legal description(s) for the subject properties being used for the new deed(s). The director of community development shall review the legal description(s) to determine that the new deed(s) will be consistent with the lot line adjustment. Recording deed(s) with legal description(s) different from the description(s) approved by the director of community development shall not be deemed an appropriate lot line adjustment.
(d)
When the lot line adjustment is completed and any required deeds are recorded, title to the transferred territory shall be shown the same as the title on the property that it joined.
(e)
Items which will be recorded together are the approved lot line adjustment form and the deed(s) that transfer property where appropriate. Any deed that is recorded shall contain the following:
(1)
A description of the property being transferred.
(2)
A statement that the deed is being recorded pursuant the advisory agency resolution for the lot line adjustment and the date of approval.
(3)
A statement that the transferred territory will be joined with a specific parcel and will not become a separate parcel.
(f)
The deed(s) and the required lot line adjustment documents, recorded pursuant to the lot line adjustment approval, shall be reviewed and approved by the director of community development prior to being recorded.
(g)
The Kings County Treasurer-Tax Collector shall review the lot line adjustment prior to recording the deed(s) and the lot line adjustment form to ensure that property taxes are properly paid pursuant to Section 66412.(d) of the Subdivision Map Act.
(h)
The lot line adjustment form will be recorded at the request of the applicant, or the applicant's agent, after the Kings County Treasurer-Tax Collector has reviewed the lot line adjustment. After the Kings County Treasurer-Tax Collector has reviewed the lot line adjustment, the a representative from the Kings County Public Works Department will accompany the applicant to the Kings County Clerk-Recorder's office to record the documents. The lot line adjustment form will be recorded first, followed immediately in sequence by any deed(s) transferring the property.
(i)
Recording of the lot line adjustment documents shall constitute the completion of the procedures by the local agency. Recording of the deed(s) by the applicant shall constitute completion of the lot line adjustment.
(j)
The lot line adjustment shall become null and void if the lot line adjustment documents and any required deed(s) have not been recorded within three years of the date that the applicant is informed that the review is complete, and may proceed with the completion of the lot line adjustment, pursuant to section 21-98(c) above. Upon application of the applicant, filed prior to the expiration of the lot line adjustment, the time at which the lot line adjustment expires may be extended by the director of community development for a period or periods not exceeding a total of three years.
(Ord. No. 403, § 8, 7-29-80; Ord. No. 559, § 40, 2-4-97; Ord. No. 599.1, § 12, 7-28-09)
Sec. 21-99. - Lot line adjustments—Original parcel lines removed.
Whenever the director of community development determines that property lines may be adjusted between two adjacent parcels, the original line shall be considered as having been reverted. In the case where one or more of the original lines are original lines created by a recorded map, then the portion of that original lot annexed to an adjoining parcel shall be considered as merged and shall be a "unit" for purposes of applying the Subdivision Map Act to any future divisions.
(Ord. No. 385, § 1, 8-22-78; Ord. No. 403, § 9, 7-29-80; Ord. No. 559, § 41, 2-4-97; Ord. No. 599.1, § 13, 7-28-09)
Note—Former section 21-102