Chapter 17.89


17.89.010    Definition.

17.89.012    Procedure.

17.89.014    Expiration period.

17.89.016    Documentation required.

17.89.018    Parcel map allowed.

17.89.020    Merging parcels.

17.89.022    Boundary line adjustment parcel map.

17.89.024    Record of survey/parcel map.

17.89.026    Appeals.

17.89.010 Definition.

"Boundary line adjustment" or "BLA" means a lot line adjustment, a change in location of the property line between two 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.  (Ord. 1445 §2(part), 1997).

17.89.012 Procedure.

A.    Boundary line adjustments may be processed concurrently with requests for certificates of compliance.

B.    Applicants for a boundary line adjustment shall submit a completed application to the county surveyor’s office including:

1.    An application fee as established by resolution of the board of supervisors.  The county surveyor may waive any of the submittal requirements deemed to be unnecessary, or instead require them at the time of recordation of the boundary line adjustment;

2.    Documentary proof of the existence of the line or parcels to be adjusted, to the satisfaction of the county surveyor;

3.    When found necessary by the county surveyor, an up to date preliminary title report covering all parcels affected shall be submitted;

4.    A narrative explaining the purpose of the boundary line adjustment;

5.    An assessor’s plat map(s) depicting the current and proposed property lines and, if necessary due to scale, an accompanying at least eight and one-half by eleven inch drawing of the proposed boundary line adjustment that adequately shows the following:

a.    Existing boundaries of all affected parcels,

b.    Proposed boundaries,

c.    Location with distances to property lines of all wells, septic tanks, leach fields, structures, easements, roads, fences, and other significant topographic features,

d.    Drawings shall be to scale and show approximate distances of all lines,

e.    Estimated areas of all affected parcels,

f.    If found to be necessary by the environmental health department, proof of adequate soils for sewage disposal and adequate groundwater for wells,

g.    If found to be necessary by the building department, proof of compliance with Chapter 15.30 Fire and Life Safety of the Amador County Code,

h.    If possible, a letter from each utility company regarding the effect of the boundary line adjustment on their existing facilities or easements.

C.    The county surveyor shall transmit copies of the application to the public works and land use agencies for review and comment.  Those agencies shall, within fifteen days, respond to the surveyor’s office with any recommended conditions to be applied to the adjustment prior to it being finalized in order for the boundary line adjustment to be found in compliance with county codes.  Disagreements may be taken by anyone to the appropriate board of supervisors committee for an attempt at reconciliation.

The county surveyor shall transmit to the applicant or authorized agent a notice of determination either approving, conditionally approving, or denying the application.

Approval of a boundary line adjustment application by the county surveyor represents approval of the concept of the adjustment as represented in the application.  The actual change in a boundary is accomplished by the exchange of deeds, the compliance certificates on the adjusted parcels or after a parcel map which shows the new boundary has been recorded.

Prior to completion of the boundary line adjustment, the county surveyor shall have received from those commenting departments memos verifying compliance with any conditions.  In the event no map is required to complete the adjustment, the county surveyor may condition the completion of the adjustment upon the satisfaction of all other conditions of approval.

If required by law, the county surveyor shall notice and conduct a public hearing for the abandonment of road or public utility easements.

D.    Prior to the recordation of the deeds, parcel map, record of survey map or compliance certificates to complete the boundary line adjustment, payment of real property taxes to the satisfaction of the county tax collector shall be required.  Special assessments on any parcels shall have been resolved to the satisfaction of the county tax collector.  (Ord. 1445 §2(part), 1997).

17.89.014 Expiration period.

The application approval shall remain valid for one-year from the date of the county surveyor’s notice of approval.  A one-year extension may be approved by the board of supervisors.  (Ord. 1445 §2(part), 1997).

17.89.016 Documentation required.

A boundary line adjustment shall be reflected in a deed, compliance certificate(s), and/or a parcel map, which shall be recorded.  No record of survey is required for a boundary line adjustment unless required by Section 8762 of the California Business and Professions Code.  (Ord. 1445 §2(part), 1997).

17.89.018 Parcel map allowed.

A boundary line adjustment may be considered as a merger and resubdivision of land in accordance with Government Code Section 66499.20 1/2 of the Subdivision Map Act, and a parcel map may be submitted for that purpose.  (Ord. 1445 §2(part), 1997).

17.89.020 Merging parcels.

A.    A boundary line adjustment shall be permitted for the merger and any subsequent resubdivision of parcels of land into a lesser number of parcels and a parcel map shall be filed for that purpose.

B.    For parcels located in subdivisions for which there are mandatory assessments for homeowners associations, mutual water companies or common facilities, the applicant shall, prior to submittal of the parcel map, either execute a document in favor of the association, mutual water company or other appropriate entity indicating that required assessments for each previously existing parcel shall be maintained, or submit a letter from any such entity waiving this requirement.  (Ord. 1445 §2(part), 1997).

17.89.022 Boundary line adjustment parcel map.

A parcel map allowed by this chapter shall comply with all provisions governing processing, form and content and monumentation for parcel maps as required by the Subdivision Map Act and this title except that:

A.    A tentative map shall not be required;

B.    The parcel map checking fee for boundary line adjustments shall be the same as that for a record of survey.  (Ord. 1445 §2(part), 1997).

17.89.024 Record of survey/parcel map.

When required by Section 8762 of the Business and Professions Code, a record of survey or parcel map for boundary line adjustments shall be submitted based on field survey in conformance with the Land Surveyor’s Act.  Monument shall be provided at the terminus and every angle point, including P.C.’s and P.R.C.’s in the new boundary line.  (Ord. 1445 §2(part), 1997).

17.89.026 Appeals.

An applicant for a boundary line adjustment may appeal the denial of an application or the imposition of one or more conditions of approval of the boundary line adjustment to the board of supervisors.  Any other adversely affected person may likewise appeal.  Appeals shall be processed in accordance with Chapter 2.92 of this code.  If the appellant so requests, prior to the board hearing the appeal the county surveyor may schedule the appeal on the agenda of the appropriate board committee for review and recommendations in order to save time.  (Ord. 1445 §2(part), 1997).