In response to a controversial lot line adjustment on property near Yountville, in May 2009 the Board of Supervisors asked staff to prepare recommended changes to the Lot Line Adjustment ordinance.
There was pressure from some quarters, including the Sierra Club, to make the County’s lot line adjustment decisions “discretionary”, and thus subject to environmental analysis under CEQA, rather than “ministerial” actions, as has been customary.
Over the following several months County Planning staff conducted, and NVLSA participated in, stakeholder meetings to discuss and help write the new ordinance.
The result was positive. On November 24, 2009, the Board of Supervisors voted unanimously to approve the ordinance, which confirms and clarifies that lot line adjustments affecting four or fewer parcels are ministerial actions not subject to CEQA, and that participating in one such lot line adjustment does not preclude any parcel from being adjusted again later.
However, four members of the Sierra Club vociferously protested this action, and insisted that it would not stand up to a court challenge. Supervisor Dillon, while voting in favor of the ordinance, also warned that either a law suit or new state law might very well invalidate it.
For now, at least, property owners retain access to this valuable tool without the expense and hassle of a CEQA review. However, the Sierra Club has filed suit against the County, claiming its lot line adjustment policy violates CEQA.