Lot Line Adjustment

A lot line adjustment is a boundary adjustment between four or fewer parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed are not thereby created. Lot Line Adjustment

A parcel line adjustment, as defined by Subdivision Map Act, in combination with Certificate of Compliance may be filed in the City of Oceanside.

NOTE: Lot Line Adjustment will not be effective until the required deeds have been recorded. It is the applicant’s responsibility to record deeds. The Lot Line Adjustment shall be effective when the deeds and certificate of compliance have been recorded.

No building permit shall be issued for development on any lot included in the Lot Line Adjustment prior to recordation of deeds and COC and receiving the copy of recorded documents by the City.

For more information please click on the title or scroll down to associated content.

Submittal Requirements

Application

Application (Page 1): The application must be filled out completely. Please describe the reason why COC is needed and include a brief history on how the lots were created. The owner’s name(s) have to appear exactly as it is shown on the record deed (Title). The record owner(s), including Trustee(s) of Trust(s), etc. of all parcels involved must sign the application form before a Notary Public and attach California all purpose certificate of acknowledgment. Include the assessor’s parcel number for each parcel.

Check List and Information Sheet (Page 2):

This page should be filled completely with; contact information for all the involved parties, zoning, existing and proposed lot coverage and density to help the plan checker with the review process. Planning Department will review and verify this information.

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Criteria For Acceptance

An application for a lot line adjustment may be accepted when it can be determined that the proposal complies with the following specifications:

  1. The number of lots/parcels in the project site does not exceed 4 and consists of legal lots or parcels per the Subdivision Map Act and is shown on the latest equalized county assessment roll as a contiguous unit.
  2. Any land taken from one parcel will be added to an adjoining parcel and no additional parcels will result from the lot line adjustment.
  3. The lot line adjustment complies with the requirements of the California Environmental Quality Act.
  4. The proposed lot(s) is/are consistent with the General Plan, Specific Plan and any applicable Coastal Plan.
  5. The proposed parcels created by the lot line adjustment shall comply with all applicable zoning and subdivision requirements and there will be no change in the land use or density of the property.
  6. The lot line adjustment in of itself will not result in the need for additional improvements and or facilities.
  7. No dedication or public improvements required.
  8. There is sufficient boundary information of record that makes the existing boundary line of all parcels being adjusted readily retraceable or established.

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Procedure
  1. Interested parties should meet with a member of the Planning Division to determine whether the proposed development complies with all applicable State and City Laws, Ordinances and Regulations. The owner(s) should determine zoning, setback and minimum lot size requirements, vehicular access routes and lot coverage governing their parcel.
  2. The applicant shall prepare the applicable forms and exhibits required for submittal and attach all required items. Please note that an incomplete application will not be accepted. The legal owner(s) of the parcel(s) involved will be responsible for the accuracy of all information submitted in connection with this application.
  3. Once a completed application has been filed and fees paid the project is assigned to a plan checker to review all the supporting documents for completeness and technical accuracy. A copy of all documents will be distributed to Utility Department and Planning Division for review and comments. All comments/corrections if any will be forwarded to the Engineer/Surveyor of record. Original approved documents shall have applicable signatures and notary certifications attached.
  4. Once a completed application has been filed and fees paid the project is assigned to a plan checker to review all supporting documents and the technical accuracy. A copy of all documents will be distributed to Planning Division and Water/Utility Department for their review and comments. All comments/corrections if any will be forwarded to the Engineer/Surveyor of record. Final submittal of corrected and approved documents shall have applicable wet signatures and notary certifications attached.
  5. California Coastal Commission may have to approve the lot line adjustment if the property is located in the Coastal Zone. Please check with Planning Division to find out if property is in Coastal Zone. Lot line Adjustment must meets all the requirements of Coastal Zone and comply with the California Coastal Act. Lot Line Adjustment will not be approved until a written approval of Coastal Commission has been submitted to the City when applicable.
  6. Completed approved documents will be signed by City Treasurer, Water/Utility Department and City Engineer. The applicant’s Title Company shall arrange for the lot line adjustment and grant deeds to be filed/recorded concurrently/sequentially with the San Diego County Recorder’s Office. Surveyor/Engineer preparing the map shall provide recording instructions.

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Certificate of Compliance (COC)

Certificate of Compliance form includes exhibits “A” & “B”

Certificate of Compliance (COC) shall be prepared in a standard form as set forth by the City. The owner’s name(s) and title have to appear exactly as it is shown on the record deed. After the approval of the LLA and before recordation, the record owner(s), including Trustee(s) of Trust(s), etc. of all parcels involved must sign the form before a Notary Public and attach California all purpose certificate of acknowledgment. Include the assessor’s parcel number and reference to the legal description of the existing lots to be adjusted for each parcel.

Exhibit “A”- COC Legal Description      

Legal descriptions of every NEW ADJUSTED PARCEL(S) being certified shall be typed on the body of COC form or attached as Exhibit “A”. The legal description must be signed and sealed by a registered surveyor/engineer, licensed in the State of California. The legal description should be written clockwise and labeled new.

Exhibit “B” – Lot Line Adjustment  Map

The map must be drawn in black ink on the 8 1/2” X 11” City standard form.The map must be clear and readable. Following minimum information must be provided on the map (additional information may be required).

  1. Map scale, north arrow, line type legend, vicinity map, index map for large parcels.
  2. The location of the project site in relation to the existing streets, adjoining lots, alleys, water bodies and distance from the nearest cross street. Right-of-way widths and street names.
  3. The existing and proposed lot layout. Labeling each boundary line with the reference that established that line. Sufficient dimension and record boundaries so as to define and establish the boundary of the subject property. Use heavy solid line to depict proposed boundaries, light solid line for existing lot lines to remain, light dashed lines for existing lot lines to be removed and smaller dashed lines for easements.
  4. The adjusted parcel shall be lettered or numbered consecutively in a manner that there will be no confusion with the original lots or parcel numbers (Show in a darker, bolder text, i.e. Parcel 1).
  5. Existing lot numbers, reference to the recorded documents that established the existing lots of the project site, adjoining lots and existing easements.
  6. Gross area before and after adjustment to the nearest one tenth of an acre. Show the net area when there are easements that restrict the surface use of the property, such as vehicular access easements (Net area is gross area minus easement area).
  7. Signature, seal of the surveyor and the date that plan was prepared.
  8. APN-Assessor’s Parcel Number for each lot
  9. Project/File number (PLA number assigned by City), sheet number and City title block with owner and engineer block filled out.
  10. The following statement shall be added if applicable:
    Monuments will be set within 90 days along the adjusted lot corners, and a Record of Survey or Corner Record will be filled if required by Section 8762 of Business and professional Code. Gov’t Code § 66412(d); Ops. Cal. Atty. Gen. 231(1994). 

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Exhibit "C" (Site Map)

This map is for reference only and will not be recorded. The intent for the map is to show the existing condition of the site. Additional information may be necessary to verify compliance with adopted City ordinances and other regulations. This information should be submitted on a map labeled Site Map on a 8.5”X 11” sheet. If the site is very large the site map may be submitted on 24”X 36” sheet.

The map will include but will not be limited to the following:

  • The location and width of all easements or right-of-ways (private or public). Indicate the parties having vested interest in the easement.
  • The location and dimension of any above or underground structures on site (walls, retaining walls, , buildings, garages, fences, drives, utilities, sewer lateral, light poles, wells, septic tanks, leach fields, pools etc.). Dimension distance from existing structures to the nearest lot line. Show footprint of nearest building on the adjoining lots affected by lot line adjustment. If no structures on lot please label “Vacant”.
  • Existing contour/topography no more than 10 foot intervals. The location of areas subject to flood or inundation by one hundred year flood, floodway.
  • The location and name of surface water within 100 feet and direction of flow of any natural or improved drainage paths, lakes, ponds, pipe lines, swales.
  • Required set back lines.
  • A statement of the existing zoning and the proposed use of created lots.
  • Location of existing access to the public right-of-way. Show any right-of-way access relinquishment. 

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Standard Deed for Adjusted Parcels

Provide an individual grant deed for each adjusted lot created. Use a City standard grant deed format. This deed will reflect the legal description for the new parcel boundaries. The name(s) of Grantor(s) and Grantee(s) will be the same.  Show APN number. The parcels owned by the same person may be included in one grant deed.

The following statement should be shown on the body of deed:

This grant deed is being recorded pursuant to California Government Code 66412 (d) and is intended to memorialize, the legal description for Parcel ……. pursuant to Lot Line Adjustment and Certificate of Compliance No.  PLA……………………….. approved by City of Oceanside, and recorded on …………………..…  , As Document No. ………….. in the Office of the County Recorder of San Diego County, State of California

The legal description for adjusted parcels attached as exhibit “A” to this document should also contain reference to the Lot Line Adjustment and its recording information. The space for recording information will be left blank until the time of recordation of Lot Line Adjustment/Certificate of Compliance.

The following statement should be shown on the body of legal description:

Being Parcel “___” of that certain Lot Line Adjustment and Certificate of Compliance No. PLA-               in the City of Oceanside, recorded on ………………………..….., as Document No. ………………………….., in the Office of County Recorder, San Diego County, State of California, More particularly described as follows;

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Standard Deed for Transferred Parcels

Where the ownership is not the same for all parcels being adjusted individual grant deed(s) shall be prepared and submitted for each part(s) of land that will be transferred between lots from one owner to another. Deed(s) will be recorded concurrently with the certificate of compliance. 

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Title Report

A preliminary Title Report (Not more than 30 days old) covering every parcel included in the certificate of compliance. Copy of Vesting Grant Deed(s) if title to the property changed from the date title report was processed.

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Deed(s) of Trust Letter(s)

Provide a letter from the Trustees of Deed(s) of Trust affected by the Lot Line Adjustment.
The letter shall state the following no alterations will be accepted:

This is to certify that the undersigned will guarantee the adjustment of existing trust deed boundaries legal description to match the legal description of parcel boundaries as shown on the City of Oceanside Lot Line Adjustment/Certificate of Compliance No. _PLA____________ .

The Trust Deed(s) to be adjusted are referred to by the following data: (enter the name of Trust Deed and recording information)                                                                                                                                     

______________________________ 
(To be signed by Trustee) 

The Trustee must sign this statement before a Notary Public and attach California all purpose certificate of acknowledgment. Provide a signature authorization document. 

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Traverse Calculations

Provide traverse calculations for all lots being certified.

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Chain of Title/Lot Creation History

You need to provide chain of title and information as to how this lot was originally created and who owned it at the time of creation. Copy of vesting deed(s) must be submitted for each lot when it was first created and when the present owner acquired title for each parcel being adjusted in the COC.

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Assessor’s Map

A copy of the most recent assessors map book page(s) covering the entire site and adjoining lots.

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Vesting Deeds and Reference Documents

A copy of each; map, easement, record of survey or any other document that will be necessary to establish boundary lines and review the re-tracing shall be submitted. Submit a working copy of the record of survey or corner record if applicable (See section 8762d of the Business and Professions Code). A copy of all vesting deeds must also be submitted.

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Record Of Survey (ROS)

Submit a working copy of the record of survey or corner record per Sections 8762 and 8771 of the Business and Professions Code when applicable. Please check http://www.leginfo.ca.gov  for more information.

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Recording Instructions

The applicant/surveyor/engineer of record shall provide the City with a letter containing recording instruction and name and contact information of the Title Company assigned for recordation of the above documents. 

The following information should be included:

  1. Name of the Title Company
  2. Title Officer name, address and phone number,
  3. Order number
  4. Detailed instructions, of step by step, on how to record the Lot Line Adjustment/Certificate of Compliance and all attached deeds.
  5. Instruction to title company to provide the city with electronic copy of all recorded documents.

All documents must be recorded concurrently in the following order:

  • Certificate of Compliance
  • Deed(s) for the certified parcel(s)

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