Cal. Code Regs. tit. 25 § 1105

Current through Register 2024 Notice Reg. No. 7, February 16, 2024
Section 1105 - Lot Line Changes
(a) Compliance with this section shall be required for any lot line change within a park. Compliance with subsections (b), (c) and (e) of this section shall not be required for any lot line creation; however, notwithstanding any other provision of this chapter, a lot line creation shall comply with the requirements of section 1020.6.
(b) The park owner or operator shall submit to the enforcement agency an application for a permit to construct, on a form designated by that agency, for a lot line change, along with all of the following:
(1) three (3) copies of a detailed plot plan with an identified date of preparation and measurements, indicating both the existing and proposed locations of the lot lines, which shall indicate all of the following:
(A) the locations of and distances between any units, accessory buildings or structures, or other built improvements on the affected lots (such as patios or parking areas), within ten (10) feet of the current and proposed lot lines;
(B) the distances from all existing and proposed lot lines of the lots on which those units, buildings or structures, or other improvements are located;
(C) the number of lots affected;
(D) the addresses or other identifying characteristics of those affected lots;
(E) proof of delivery of copies of the plot plan to all the registered owners of the units on the affected lots by registered or certified mail, sent by at least first class mail;
(F) the type(s) of marking(s) used to designate the existing and proposed lot line locations; and
(G) if the park is a common interest development, as defined in Civil Code section 1351, and lot line change involves encroaching into a common area, compliance with the approval provisions of Civil Code section 1363.07.
(2) The names and residence addresses of the registered owners of the units on the lots affected by the lot line change and the addresses or other identification of their units' lots if different than the residence address;
(3) a copy of the original written authorization, signed and dated by each of the registered owners of the units on the lots affected by the lot line change, that includes the following statement:

I, [name of registered owner(s)], have received a copy of the plot plan dated [date of plot plan] proposing to change a lot line affecting the lot where my unit is located and I/we approve of the proposed change in the location of the lot line(s) as detailed on the plot plan.

(4) A written statement signed and dated by the park operator or the operator's agent that the lot line change is substantially consistent in all material factors with both of the following:
(A) all health and safety conditions imposed by the local government as a condition of the initial construction of that space or the park; and
(B) prior applicable local and land use requirements for the park; and
(5) the applicable permit fee as specified in section 1020.7 of this chapter.
(c) When the department is the enforcement agency and the number of lots in the park is increased or decreased by the change in lot lines pursuant to this section, the applicant shall deliver a written notice to the local planning agency, by personal delivery or by registered or certified mail, of the proposed change in the number of lots prior to or concurrent with its submission of the application to the department and provide a statement attesting to that delivery and the proof of delivery by either a stamped receipt or the proof of service by registered or certified mail. The notice shall include one copy of all the information required by paragraphs (1) through (4) of subsection (b) and the office address of the department's area office performing the inspection.
(d) The enforcement agency shall perform an on-site inspection prior to approval of a lot line change or creation, in order to ensure consistency with this chapter and the application. Any existing lot line markings shall remain in place until after approval by the enforcement agency for the lot line change. At the time of inspection the applicant, or his or her designee, shall permanently mark the new lot line or lot lines pursuant to section 1104 of this chapter and eradicate any preexisting lot line markings. No approval shall be given for lot line changes without identification to the satisfaction of the enforcement agency of the existing lot line locations.
(e) Following approval of the lot line change by the enforcement agency, the enforcing official shall sign and date the submitted plot plan signifying its approval. Copies of that approved plot plan shall then be given by the applicant to the registered owners of the units on all the affected lots.
(f) No lot line shall be created, moved, shifted, or altered if the line creation or change will place a unit or accessory building or structure in violation of any provision of this chapter or any other applicable provision of law.

Cal. Code Regs. Tit. 25, § 1105

1. New section filed 7-22-2005; operative 7-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
2. Editorial correction of subsection (c) and HISTORY 1 (Register 2005, No. 33).
3. Amendment of subsections (b)(1) and (b)(1)(E)-(F), new subsection (b)(1)(G) and amendment of NOTE filed 12-26-2006; operative 1-2-2007 pursuant to Government Code section 11343.4 (Register 2006, No. 52).

Note: Authority cited: Sections 18300, 18610 and 18612, Health and Safety Code. Reference: Sections 18501, 18610, 18610.5 and 18612, Health and Safety Code; and Sections 1351 and 1363.07, Civil Code.

1. New section filed 7-22-2005; operative 7-22-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 29).
2. Editorial correction of subsection (c) and History 1 (Register 2005, No. 33).
3. Amendment of subsections (b)(1) and (b)(1)(E)-(F), new subsection (b)(1)(G) and amendment of Note filed 12-26-2006; operative 1-2-2007 pursuant to Government Code section 11343.4 (Register 2006, No. 52).