Beverly Hills Municipal Code Art. 8 Lot Line Adjustments

For the purposes of this article, "lot line adjustment" shall mean any adjustment between two (2) 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. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990)

Any person who desires to adjust a lot line as defined in section 10-2-801 of this article and does not wish to record a map pursuant to the provisions of articles 1 through 5 of this chapter or of the subdivision map act (sections 66410 through 66499 of the Government Code of the state) shall comply with the provisions of this article. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990)

The applicant for a lot line adjustment shall file with the planning director an original and four (4) signed, legible prints of the following map prepared by a licensed surveyor or registered civil engineer on sheets of tracing cloth or polyester base film eighteen inches (18") wide by twenty six inches (26") long:

A. A map drawn to scale showing each affected parcel containing the exact dimensions and bearings of each existing line, plus the area of each lot; the proposed new lot lines shown in dashed lines, plus the new dimensions and areas of each lot; dimensions and areas shall be clearly labeled "existing" and "proposed";

B. The map shall also show the existing improvements on each lot and the existing and proposed setback dimensions;

C. The map shall also show all easements and public rights of way over the affected parcels;

D. The map shall include the legal description of each parcel, the signatures of all owners of each affected parcel, the name and address of the person making the application, and the name and address of the engineer or surveyor who drew the map.

No record of survey shall be required for a lot line adjustment unless required by section 8762 of the Business And Professions Code. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990)

Except as otherwise provided in section 10-2-805 of this chapter regarding nonconforming lots, all lots proposed to be altered pursuant to the provisions of this article shall conform to the minimum requirements for subdivisions set forth in article 3 of this chapter and to the minimum requirements set forth in the city's zoning provisions. (Ord. 13-O-2648, eff. 11-3-2013)

Upon receipt of the map, the director shall examine it to see whether it complies with all the requirements of this article and whether:

A. The proposed lot line adjustments will not deny access to any parcel;

B. The proposed lot line adjustment will not result in a conflict with any public or private easement; and

C. The proposed lot configurations conform with the local general plan, any applicable specific plan, and meet all standards of the zoning, subdivision, and building ordinance provisions, except that existing, legally nonconforming lots need not meet all standards of the zoning, subdivision, and building ordinance provisions, provided that the proposed lot line adjustment will result in either a decrease or no change in the degree of any existing nonconformity, and will not create a new nonconformity.

Public noticing for a lot line adjustment proposal shall be provided in accordance with article 2.5 of this chapter for a planning review and the city's public notice guidelines.

If the director makes these findings, the director may approve the adjustment. However, if in the opinion of the director, an application merits review by the planning commission, the director may refer such application to the planning commission and the planning commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested lot line adjustment. (Ord. 13-O-2648, eff. 11-3-2013; amd. Ord. 23-O-2870, eff. 2-3-2023)

If an applicant is dissatisfied with the decision of the director, the decision may be appealed to the planning commission. Such appeal shall be in writing and shall be received by the City Clerk's Office within fourteen (14) days after the date of the director's action.

Any decision of the planning commission, either as the initial reviewing authority for the lot line adjustment or on appeal of a director decision, may be appealed by the applicant to the city council pursuant to title 1, chapter 4, article 1 of this code. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990; Ord. 23-O-2870, eff. 2-3-2023)

If the decision of the director is appealed to the planning commission, the planning commission may reject, uphold, or modify the decision of the director. The decision of the commission shall be further appealable to the city council, pursuant to section 10-2-806, which may reject, uphold, or modify the decision of the planning commission. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990; Ord. 23-O-2870, eff. 2-3-2023)

Upon approval, appropriate documentation consistent with the provisions of sections 8760 through 8772 of the Business And Professions Code of the state shall be filed in the office of the county recorder by the applicant at the applicant's expense. No building permit to construct any improvements upon the lots indicated on such map shall be issued until the applicant has submitted proof of such filing to the building director. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990)

No person shall offer to sell, contract to sell, or sell any parcel which has had any lot line readjusted until the lots affected by such readjustment are in full compliance with the provisions of this article. No permit of any kind shall be issued to any applicant to be used in connection with or pertaining to any premises in a residential zone which has had a lot line adjusted in violation of the provisions of this article. (Ord. 75-O-1561, eff. 3-4-1975; amd. Ord. 90-O-2102, eff. 10-4-1990)