Berkeley Municipal Code Ch. 21.32 Lot Line Adjustments

The City Engineer shall approve a lot line adjustment only if it complies with all of the provisions of this chapter. (Ord. 5793-NS § 2 (part), 1987)

Lot line adjustments are changes in the boundary 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. 5793-NS § 2 (part), 1987)

Lot line adjustments shall conform to applicable zoning and building ordinances and shall be reflected in a deed, record of survey, certificate of compliance or legal notice which shall be recorded at the county recorder’s office. (Ord. 5793-NS § 2 (part), 1987)

Application for lot line adjustment shall be made to the City Engineer. In addition to the application the following may be required by either the City Engineer or the Planning Director:

A. If circumstances warrant, a soils report, title report, and initial study as described in Section 21.16.030.

B. A vicinity map, site development plan and an applicant’s statement as described in Section 21.16.030. (Ord. 5793-NS § 2 (part), 1987)

A filing fee shall be paid to the City of Berkeley in accordance with the current master fee schedule. A mylar copy of the map shall be provided for City files. (Ord. 5793-NS § 2 (part), 1987)

The City Engineer shall make a report approving, conditionally approving or disapproving the map and the exceptions requested and may impose conditions as they find necessary. Such report shall be made within twenty days after assurance of compliance with the building ordinance and the zoning ordinance from the departments concerned. (Ord. 5793-NS § 2 (part), 1987)

The applicant or any owner of the subject property may appeal any action of the City Engineer and the Planning Director within fifteen days to the Planning Commission, which shall consider the appeal at its next regular meeting. The Planning Commission may approve, modify, or deny the lot line adjustment map. (Ord. 5793-NS § 2 (part), 1987)

The applicant or any owner of the subject property may appeal the action of the Planning Commission within ten days to the City Council. Two written copies of such appeal shall be filed with the City Clerk who will set a time for the council to hear the appeal. The City Council may approve, modify or deny the lot line adjustment. (Ord. 5793-NS § 2 (part), 1987)

All improvements required to be installed or constructed shall be constructed pursuant to standard specifications therefor on file in the Public Works Department but shall be limited to the provisions of Section 66412 (d) of the Subdivision Map Act. The City Engineer or Planning Director will not certify any unless such required improvements have been completed or until the applicant enters into an agreement and files a deposit in cash or certified or cashier’s check, or a bond acceptable to the City, in the amount of one hundred percent of the estimated construction cost of the improvements. Such bond shall be returned to the applicant when all improvements are completed to the satisfaction of the City Engineer.

A fee for inspecting improvements and processing the improvement agreement shall be charged as set forth in the current master fee schedule or at actual cost, whichever is greater. A deposit to be applied toward this fee may be required. (Ord. 5793-NS § 2 (part), 1987)