8. - LOT LINE ADJUSTMENT
A lot line adjustment between two (2) or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created is subject solely to the provisions of this article and Section 66412(d) of the Subdivision Map Act (Map Act Exclusions-Lot Line Adjustments). Lot line adjustments must be approved by the Planning Director.
(§ 1, Ord. 94-834, eff. June 23, 1994; Ord. 2009-1072, § 1, adopted September 15, 2009)
Any person seeking approval of a lot line adjustment shall file an application with the Planning Department. The application shall include:
(a)
Identification of the property by Assessor's parcel number and street address;
(b)
Written concurrence of all owners of the property with their complete names and mailing addresses;
(c)
Application fees;
(d)
A legal description of the lands to be exchanged and of the resultant parcels, suitable for recording, giving the acreages of the lands to be exchanged and of the resultant parcels, typed on plain white paper, eight and one-half (8½") inches by eleven (11") inches, with at least one inch margins at the top, sides and bottom.
(e)
A lot book guarantee showing current owners and any trust deeds that affect the property.
(f)
A plat depicting the parcels being adjusted, showing the initial and resultant parcels and the lands exchanged, and any improvements, utilities and easements within 100 feet of the adjusted lines; the Assessor's parcel number, street address and the township, range and section of the property.
(g)
Information regarding suitability of the resulting parcels to adequacy of the safe disposal of current and future wastewater loads for residentially zoned parcels for parcels residentially zoned. Such information may include soil profile, percolation, groundwater level measurements, or other data necessary to demonstrate suitability in accordance with Title 6 of the Plumas County Code (Sanitation and Health).
(§ 1, Ord. 94-834, eff. June 23, 1994; Ord. 2009-1072, § 2, adopted September 15, 2009)
(a)
On receipt of an application for a lot line adjustment, the Planning Director shall consult the Building Official and the Director of Environmental Health on conformance of the lot line adjustment with building ordinances and shall consult the County Engineer on the correctness of the legal descriptions.
(b)
The Planning Director shall determine if an application is complete within thirty (30) days after the receipt of the application.
(c)
If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.
(d)
Within thirty (30) days after receipt of a completed application, the Planning Director shall approve the lot line adjustment if it complies with the provisions of this article and Section 66412(d) of the Subdivision Map Act, or may deny the lot line adjustment if it does not comply with the provisions of this article or Section 66412(d) of the Subdivision Map Act, or may approve the lot line adjustment with conditions of approval for compliance with the provisions of this article and Section 66412(d) of the Subdivision Map Act.
(e)
The Planning Director shall transmit to the applicant his approval, and any conditions of approval, or denial of a lot line adjustment.
(f)
After approval of a lot line adjustment, the applicant shall have two years in which to do the following, after which the County Engineer shall record the instrument evidencing the lot line adjustment and any Consent of Record Owners form and concurrently the appropriate deeds and any instruments of sale, lease or finance redone to correspond to the new parcel configurations shall be recorded.
(1)
Meet the conditions of approval;
(2)
Submit the original of the plat for the Planning and Development Agency files;
(3)
Show prepayment of taxes by obtaining a certificate from the Tax Collector showing that according to the records of the Tax Collector's office, there are no liens against any of the affected parcels or any part thereof for unpaid State, County, municipal, or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. The applicant shall also deposit any amount shown to be a lien on the certificate with the County Clerk, and the County Clerk shall hold the money so deposited in trust to secure the payment of taxes. This requirement to show prepayment of taxes and to deposit any amount shown to be a lien may be waived by the Board; and
(4)
If there is one owner only involved in the lot line adjustment, submit a Consent of Record Owners form, with the appropriate recording fees, to the County Engineer, with the appropriate recording fees.
(5)
Redo any instruments of sale, lease or finance for the property to correspond to the new parcel configurations.
(§ 1, Ord. 94-834, eff. June 23, 1994, as amended by Exh. A,; § 5, Ord. 873, eff. October 31, 1996; § 1, Ord. 04-1009, adopted June 22, 2004; Ord. 2009-1072, § 1, adopted September 15, 2009)
(a)
Lot lines may be adjusted between two or more existing adjacent parcels, where the land taken from a parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not created. Fewer parcels than originally existed may result from a lot line adjustment. A parcel to which no land is added from another parcel, but which is a reduced version of an original parcel may result from a lot line adjustment.
(b)
The review and approval of a lot line adjustment shall be limited to a determination whether or not the parcels resulting from the lot line adjustment will conform to County zoning and building ordinances.
(c)
A parcel resulting from a lot line adjustment conforms to County zoning ordinances if:
(1)
The parcel is of the minimum area required by the applied zone, except that:
(a)
Adjustments to parcels, at least one of which is fully conforming, that are proposed in order to re-align a property line with a well defined physical feature, including but not limited to a water course or recorded roadway, may be approved if the resulting non-conforming size parcel complies with all other zoning and building requirements including those of Title 6 of the Plumas County Code (Sanitation and Health) and the other parcel results in a fully conforming parcel.
(b)
Adjustments to parcels that are non-conforming in size may be further reduced in size if the purpose of the adjustment is to re-align a property line with a well defined physical feature, including but not limited to a water course or recorded roadway, or with zoning district boundary, if the parcel being reduced in size complies with all other zoning and building requirements including those of Title 6 of the Plumas County Code (Sanitation and Health).
(2)
The parcel has the minimum width required by the applied zone;
(3)
Above ground structures on the parcel which are subject to the yard requirements of the applied zone meet those requirements;
(4)
Parking and loading is provided as required by the applied zone;
(5)
No violation of the sign requirements of the applied zone results from the lot line adjustment;
(6)
No violation of any special use permit, planned development permit, variance or site development permit results from the lot line adjustment;
(7)
No violation of Article 4 (General Requirements) of this Chapter results from the lot line adjustment; and
(8)
The lot line adjustment conforms to the provisions of this article.
(d)
When more than one zone is applied to a parcel resulting from a lot line adjustment, the provisions of Section 9-2.305 of Article 3 (Establishment of Zones-Territory) of this Chapter and of Section 9-2.401(e) of Article 4 (General Requirements-Application) of this Chapter shall apply.
(e)
Notwithstanding any other provision of law, when a parcel resulting from a lot line adjustment contains an area zoned Agricultural Preserve Zone (AP), General Agriculture (GA), Timberland Production Zone (TPZ), General Forest (GF) or Mining Zone (M), that area shall be of at least the minimum area required by the zone or the lot line adjustment shall be denied.
(§ 1, Ord. 94-834, eff. June 23, 1994; Ord. 2009-1072, § 1, adopted September 15, 2009)
8. - LOT LINE ADJUSTMENT
A lot line adjustment between two (2) or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created is subject solely to the provisions of this article and Section 66412(d) of the Subdivision Map Act (Map Act Exclusions-Lot Line Adjustments). Lot line adjustments must be approved by the Planning Director.
(§ 1, Ord. 94-834, eff. June 23, 1994; Ord. 2009-1072, § 1, adopted September 15, 2009)
Any person seeking approval of a lot line adjustment shall file an application with the Planning Department. The application shall include:
(a)
Identification of the property by Assessor's parcel number and street address;
(b)
Written concurrence of all owners of the property with their complete names and mailing addresses;
(c)
Application fees;
(d)
A legal description of the lands to be exchanged and of the resultant parcels, suitable for recording, giving the acreages of the lands to be exchanged and of the resultant parcels, typed on plain white paper, eight and one-half (8½") inches by eleven (11") inches, with at least one inch margins at the top, sides and bottom.
(e)
A lot book guarantee showing current owners and any trust deeds that affect the property.
(f)
A plat depicting the parcels being adjusted, showing the initial and resultant parcels and the lands exchanged, and any improvements, utilities and easements within 100 feet of the adjusted lines; the Assessor's parcel number, street address and the township, range and section of the property.
(g)
Information regarding suitability of the resulting parcels to adequacy of the safe disposal of current and future wastewater loads for residentially zoned parcels for parcels residentially zoned. Such information may include soil profile, percolation, groundwater level measurements, or other data necessary to demonstrate suitability in accordance with Title 6 of the Plumas County Code (Sanitation and Health).
(§ 1, Ord. 94-834, eff. June 23, 1994; Ord. 2009-1072, § 2, adopted September 15, 2009)
(a)
On receipt of an application for a lot line adjustment, the Planning Director shall consult the Building Official and the Director of Environmental Health on conformance of the lot line adjustment with building ordinances and shall consult the County Engineer on the correctness of the legal descriptions.
(b)
The Planning Director shall determine if an application is complete within thirty (30) days after the receipt of the application.
(c)
If an application is determined to not be complete, the applicant shall make the application complete within one year from the date on which the application was determined to not be complete, or the application shall be considered withdrawn.
(d)
Within thirty (30) days after receipt of a completed application, the Planning Director shall approve the lot line adjustment if it complies with the provisions of this article and Section 66412(d) of the Subdivision Map Act, or may deny the lot line adjustment if it does not comply with the provisions of this article or Section 66412(d) of the Subdivision Map Act, or may approve the lot line adjustment with conditions of approval for compliance with the provisions of this article and Section 66412(d) of the Subdivision Map Act.
(e)
The Planning Director shall transmit to the applicant his approval, and any conditions of approval, or denial of a lot line adjustment.
(f)
After approval of a lot line adjustment, the applicant shall have two years in which to do the following, after which the County Engineer shall record the instrument evidencing the lot line adjustment and any Consent of Record Owners form and concurrently the appropriate deeds and any instruments of sale, lease or finance redone to correspond to the new parcel configurations shall be recorded.
(1)
Meet the conditions of approval;
(2)
Submit the original of the plat for the Planning and Development Agency files;
(3)
Show prepayment of taxes by obtaining a certificate from the Tax Collector showing that according to the records of the Tax Collector's office, there are no liens against any of the affected parcels or any part thereof for unpaid State, County, municipal, or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. The applicant shall also deposit any amount shown to be a lien on the certificate with the County Clerk, and the County Clerk shall hold the money so deposited in trust to secure the payment of taxes. This requirement to show prepayment of taxes and to deposit any amount shown to be a lien may be waived by the Board; and
(4)
If there is one owner only involved in the lot line adjustment, submit a Consent of Record Owners form, with the appropriate recording fees, to the County Engineer, with the appropriate recording fees.
(5)
Redo any instruments of sale, lease or finance for the property to correspond to the new parcel configurations.
(§ 1, Ord. 94-834, eff. June 23, 1994, as amended by Exh. A,; § 5, Ord. 873, eff. October 31, 1996; § 1, Ord. 04-1009, adopted June 22, 2004; Ord. 2009-1072, § 1, adopted September 15, 2009)
(a)
Lot lines may be adjusted between two or more existing adjacent parcels, where the land taken from a parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not created. Fewer parcels than originally existed may result from a lot line adjustment. A parcel to which no land is added from another parcel, but which is a reduced version of an original parcel may result from a lot line adjustment.
(b)
The review and approval of a lot line adjustment shall be limited to a determination whether or not the parcels resulting from the lot line adjustment will conform to County zoning and building ordinances.
(c)
A parcel resulting from a lot line adjustment conforms to County zoning ordinances if:
(1)
The parcel is of the minimum area required by the applied zone, except that:
(a)
Adjustments to parcels, at least one of which is fully conforming, that are proposed in order to re-align a property line with a well defined physical feature, including but not limited to a water course or recorded roadway, may be approved if the resulting non-conforming size parcel complies with all other zoning and building requirements including those of Title 6 of the Plumas County Code (Sanitation and Health) and the other parcel results in a fully conforming parcel.
(b)
Adjustments to parcels that are non-conforming in size may be further reduced in size if the purpose of the adjustment is to re-align a property line with a well defined physical feature, including but not limited to a water course or recorded roadway, or with zoning district boundary, if the parcel being reduced in size complies with all other zoning and building requirements including those of Title 6 of the Plumas County Code (Sanitation and Health).
(2)
The parcel has the minimum width required by the applied zone;
(3)
Above ground structures on the parcel which are subject to the yard requirements of the applied zone meet those requirements;
(4)
Parking and loading is provided as required by the applied zone;
(5)
No violation of the sign requirements of the applied zone results from the lot line adjustment;
(6)
No violation of any special use permit, planned development permit, variance or site development permit results from the lot line adjustment;
(7)
No violation of Article 4 (General Requirements) of this Chapter results from the lot line adjustment; and
(8)
The lot line adjustment conforms to the provisions of this article.
(d)
When more than one zone is applied to a parcel resulting from a lot line adjustment, the provisions of Section 9-2.305 of Article 3 (Establishment of Zones-Territory) of this Chapter and of Section 9-2.401(e) of Article 4 (General Requirements-Application) of this Chapter shall apply.
(e)
Notwithstanding any other provision of law, when a parcel resulting from a lot line adjustment contains an area zoned Agricultural Preserve Zone (AP), General Agriculture (GA), Timberland Production Zone (TPZ), General Forest (GF) or Mining Zone (M), that area shall be of at least the minimum area required by the zone or the lot line adjustment shall be denied.
(§ 1, Ord. 94-834, eff. June 23, 1994; Ord. 2009-1072, § 1, adopted September 15, 2009)