El Cerrito Municipal Code Ch. 18.10 Lot Line Adjustments

For purposes of this chapter, a "lot line adjustment" is defined as any change in the boundaries of two or more existing adjacent lots of land where land area taken from one lot is added to the area of another lot and where a greater number of lots is not thereby created.

(Ord. 94-2 Div. II (part), 1994.)

An application for a lot line adjustment shall be submitted to the zoning administrator. The application shall be signed by all of the record owners of the lots which are the subject of the application. Each application shall be accompanied by a nonrefundable fee in the amount set forth in the city's master fee schedule.

(Ord. 94-2 Div. II (part), 1994.)

A. Each application for a lot line adjustment shall contain the following information:

1. The names, addresses and telephone numbers of each record owner filing the application and the assessor parcel numbers assigned to each lot which is the subject of the application;

2. A diagram showing the boundaries of the lots existing at the time of the application and the proposed boundaries which would result if the application is granted. The diagram shall be accompanied by new and existing property descriptions for each lot subject to the application, including dimensions;

3. A diagram showing the location and names of all existing streets or other public rights-of-way adjacent to the lots. The diagram shall also show:

a. The location and outside dimensions of all existing buildings on the affected lots and a notation of any structures to be removed.

b. The location of important physical features such as access and utility easements, watercourses and contour lines,

c. The true north point, dimensional and graphic scale data, including the layout, numbers and dimensions of the lots subject to the application;

4. A preliminary title report along with sufficient title information to demonstrate to the satisfaction of the zoning administrator that the lots were legally created and including all of the current deed restrictions for the existing lots subject to the application;

5. Such other information as deemed necessary by the zoning administrator.

B. Unless deemed necessary by the zoning administrator, a record of survey shall not be required for an approved lot line adjustment unless a record of survey is required by Section 8762 of the Business and Professions Code.

(Ord. 94-2 Div. II (part), 1994.)

A. The zoning administrator shall not impose conditions or exactions on the approval of a lot line adjustment except to conform to local zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, easements or access.

B. The zoning administrator approval shall contain a statement that the approval does not constitute the actual transfer of title of any portion of these lots. The approval shall further state that it shall be recorded concurrent with the deed or deeds of conveyance necessary to transfer the title of the portion or portions of the lots approved by this lot line adjustment.

C. The zoning administrator shall not approve a lot line adjustment if the property owners have not reached agreement regarding deed restrictions attached to the existing lots which are the subject of the application.

D. If the lot line adjustment is denied, the zoning administrator shall state the reasons for the denial in writing and mail a copy of this writing by first class postage to each applicant.

(Ord. 94-2 Div. II (part), 1994.)

A lot line adjustment approval shall be valid for one year. The approval shall expire if within one year, the property owners of the lots subject to the lot line adjustment approval fail to prepare deeds and a survey map or drawing for the zoning administrator's approval conforming the title of the lots to that approved by the lot line adjustment.

(Ord. 94-2 Div. II (part), 1994.)

A. Prior to the expiration of the lot line adjustment approval, the applicants shall prepare for the zoning administrator's review and approval:

1. Deeds prepared by all of the property owners of the lots subject to the lot line adjustment approval demonstrating that the deeds conform to the lot line adjustment approval;

2. A survey map or drawing, which shall be recorded concurrently, showing the location of the former and new lot lines;

3. A modification of all deeds of trusts, mortgages or liens on all of the lots subject to the lot line adjustment approval demonstrating correspondence to the new lot lines;

B. Upon approval of the deeds and the survey map or drawing, the zoning administrator shall record the lot line adjustment approval as well as the deeds and the survey map or drawing. The lot line adjustment approval shall contain a notation that after recording, a copy of the approval shall be returned to the city.

(Ord. 94-2 Div. II (part), 1994.)

A. A decision of the zoning administrator may be appealed to the planning commission within fifteen days of mailing. Each appeal shall be accompanied by a nonrefundable fee in the amount set forth in the master fee schedule.

B. A decision of the planning commission may be appealed to the city council within fifteen days. Each appeal shall be accompanied by a nonrefundable fee in the amount set forth in the master fee schedule.

(Ord. 94-2 Div. II (part), 1994.)