Belvedere Municipal Code Ch. 18.28 Lot Line Adjustments

LOT LINE ADJUSTMENTS

Sections:

• 18.28.010 Lot line adjustments. 18.28.020 Application filing—Number of copies required—Electronic copy—Fee. 18.28.030 Application review.

• 18.28.040 Notice. 18.28.050 Action on application.

This Chapter shall specifically apply to the adjustment of boundary lines between or among four (4) or fewer existing adjacent lots, where no new lots are created, and the lots so adjusted are not made nonconforming as to minimum size, frontage or setback by said adjustments, unless a variance is granted pursuant to the requirements of Title 19 of this Code. If the existing lots are nonconforming as to the requirements of Title 19, the lot line adjustment shall not render any lot more nonconforming. All applications to adjust lot lines among five (5) or more adjacent lots shall require a tentative map application for a subdivision pursuant to this title. (Ord. 2004-7 § 2, 2004; Ord. 89-2 § 2, 1989.)

A. Any property owner(s) wishing to adjust the lot line(s) between or among four (4) or fewer existing adjacent lots shall file an application with the planning department secretary on a form prescribed by the Director of Planning and Building.

B. The application shall include four (4) copies of a site plan accurately depicting all existing property lines, utilities, structures, easements, major topographical features, and access to public streets, and any other data as may be required by the Director of Planning and Building. The applicant shall also submit an additional site plan in electronic form in conformance with the requirements set forth in subsection C of this section.

C. An electronic copy must be included whether as part of an initial filing or when changes are subsequently submitted as part of the approval process. The preferred format for electronic submissions is Design Web Format—DWF (.dwf), however, for maps and documents which were not created in AutoCAD, the submission may be made in Adobe Portable Document Format—PDF (.pdf). No format other than DWF and PDF will be accepted. The electronic copy shall comply with the following standards:

1. Design Web Format—DWF (.dwf): All pages of the map shall be included in one DWF document, and the total file sized of the DWF file shall not exceed 2mb per page (e.g. a ten-page drawing must be equal to or less than 20mb).

   2. Adobe Portable Document Format—PDF (.pdf): The original page size shall be no larger than 24” x 36”. Resolution shall be 200 to 600. All pages shall be included in one PDF document. The total size of the PDF file shall not exceed 2mb per page (e.g. a ten-page drawing must be equal to or less than 20mb).

• D. A recently prepared preliminary title report for each parcel to be merged.

• E. A filing fee in such amount as is prescribed from time to time by City Council resolution. (Ord. 2016-5 § 3, 2016; Ord. 2004-7 § 2, 2004; Ord. 89-2 § 2, 1989.)

A complete application for lot line adjustment shall be reviewed by the Director of Planning and Building, the City Engineer, and the City Manager, who shall approve the proposed lot line adjustment if they find it is consistent with the City’s general plan, any applicable coastal plan, and applicable zoning and building laws and regulations. No conditions or exactions shall be imposed on the approval except to conform the lot line adjustment to the general plan, any applicable coastal plan, and applicable zoning and building laws and regulations, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, and/or to facilitate the relocation of existing utilities infrastructure or easements. (Ord. 2016-5 § 3, 2016; Ord. 2004-7 § 2, 2004; Ord. 89-2 § 2, 1989.)

If the Director of Planning and Building, the City Engineer, and the City Manager have all indicated their approval, written notice of the lot line adjustment shall be posted on the City Hall bulletin board and delivered or mailed to each owner of property within one hundred feet of the properties which are the subject of the application. In lieu of written notice to property owners within one hundred feet of the subject properties, the applicant may provide the City with signatures of such property owners, indicating approval of the lot line adjustment. (Ord. 2016-5 § 3, 2016; Ord. 2004-7 § 2, 2004; Ord. 89-2 § 2, 1989.)

If the Director of Planning and Building, the City Engineer, and the City Manager have all indicated their approval of the lot line adjustment, and if all required signatures are provided, the Director of Planning and Building may approve the lot line adjustment after posting the written notice. If all required signatures from neighboring property owners are not provided, any interested person may appeal the lot line adjustment by submitting written notice of such appeal to the Director of Planning and Building within ten calendar days of the posting and delivery or mailing, in which event the lot line adjustment approval shall be stayed until approval is obtained from the Planning Commission, or from the City Council on further appeal. If the Director of Planning and Building, the City Engineer, and the City Manager do not approve the application for lot line adjustment, they shall notify the applicant(s) of their decision by written notice delivered in person or by certified mail, return receipt requested. The applicant(s) may appeal the denial to the Planning Commission by submitting written notice of such appeal, with any applicable appeal fee, to the Director of Planning and Building within ten calendar days of the date of delivery or mailing of the notice. Upon filing of the appeal, it shall be set for hearing before the Planning Commission at its next available meeting. Any interested person may appeal the decision of the Planning Commission to the City Council by submitting written notice of such appeal, with any applicable appeal fee, within seven calendar days of the date of the Planning Commission’s action. Upon final approval of an application for lot line adjustment, the approved lot line adjustment shall be reflected in a recorded deed, or in a record of survey if required pursuant to Business and Professions Code Section 8762. (Ord. 2016-5 § 3, 2016; Ord. 2004-7 § 2, 2004; Ord. 89-2 § 2, 1989.)