Brisbane Municipal Code Ch. 16.32 Lot Line Adjustments

Footnotes:

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Editor's note— Ord. No. 575, § 2, adopted December 3, 2012, amended Chapter 16.32 in its entirety to read as herein set out. Former Chapter 16.32, §§ 16.32.010—16.32.060, pertained to similar material, and derived from Ord. No. 282, 1982.

The owners of real property may apply for a lot line adjustment between four (4) or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, by filing an application with the planning director and upon payment of the required application fee.

(Ord. No. 575, § 2, 12-3-12)

A. The applicant shall file with the planning director two full size sets and one reduced set suitable for recordation of a completely dimensioned, scaled site development plan, with bar scale, at a scale of not more than one inch equals one hundred feet (1″ = 100′). The plan shall accurately locate all existing rights-of-way, easements and existing structures. The property lines indicated shall be obtained from existing recorded maps. The plan shall indicate all dimensions and courses of existing and proposed property lines, the assessor's parcel numbers, the zoning of the property, the area of each existing parcel, and the resultant area of the revised lots. The plan shall contain a certification by the licensed professional preparing the plan.

B. Legal descriptions of the existing properties, of the portion of the property to be transferred, and of the affected properties reflecting the proposed lot line adjustment shall be submitted, to be used in the deed effecting the transfer. Descriptions shall also be provided for any existing or proposed easements.

C. A preliminary title report shall be submitted to determine if any of the parcels are encumbered by a deed of trust or mortgage, the liens of which must be modified to correspond to the new lot line, so that a foreclosure will not create an illegal parcel, and to identify any existing easements.

(Ord. No. 575, § 2, 12-3-12)

A. The planning director shall approve the application for a lot line adjustment if he or she finds the following:

1. The parcels resulting from the lot line adjustment shall conform to the general plan, any applicable specific plan, and zoning and building ordinances and shall not increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of the zoning ordinance, even though the resulting parcels may not fully comply with the development regulations of the applicable zoning district; and

2. The lot line adjustment granted shall be subject to such conditions as necessary to facilitate the relocation of existing utilities, infrastructure, or easements.

3. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.

(Ord. No. 575, § 2, 12-3-12)

Within one year of the date of approval, a signed and notarized approval of lot line adjustment form prepared by the planning director shall be recorded by the applicant, concurrent with any deed transferring property in compliance with the approved lot line adjustment.

(Ord. No. 575, § 2, 12-3-12)