Article 15.04.714 — LOT LINE ADJUSTMENTS

The purpose of this article is to establish the procedures and standards for changing the boundary or boundaries between four or fewer existing adjoining parcels as provided for in the Subdivision Map Act to ensure that such adjustments are consistent with the General Plan and applicable zoning and building requirements.

A.

A lot line adjustment is an administrative approval to adjust the location of a lot line between two or more existing adjacent lots, where land taken from one lot is added to an adjacent lot, and where a greater number of lots than originally existing is not thereby created.

B.

It is the intent of this article to allow lot line adjustments that conform to the General Plan and this Ordinance, the Zoning Ordinance, and applicable building ordinance in order to overcome practical difficulties between neighboring parcels, such as minor improvements encroachments, misaligned fences, etc., and to allow infill development that would not otherwise occur.

A lot line adjustment is permitted, provided that all of the following conditions are met:

A.

The adjustment is between four or fewer parcels;

B.

No additional parcels are created;

C.

The resulting parcels comply with the provisions of this Ordinance, the Subdivision Map Act, the General Plan, any applicable specific plan, and the Zoning Ordinance, including minimum lot dimensions and minimum area;

D.

The resulting parcels do not interfere with existing utilities, infrastructure or easements;

E.

Real property taxes have been paid; and

F.

The Director of Engineering and Capital Improvement Projects and the Zoning Administrator approve the adjustment.

The Zoning Administrator shall approve or disapprove an application for a lot line adjustment based on whether or not it conforms to this Ordinance and the Zoning Ordinance. The Zoning Administrator shall impose conditions on the approval of a lot line adjustment if needed to facilitate the relocation of existing utilities, infrastructure, or easements or to achieve compliance with this Ordinance or any other applicable requirements of the Municipal Code.

The following plans and materials shall be submitted with an application for a lot line adjustment, provided that the Zoning Administrator may waive submission of items deemed unnecessary to determine compliance with applicable requirements of this article.

A.

Eleven copies of a fully dimensioned drawing, prepared by registered civil engineer or licensed land surveyor, and accurately drawn to a convenient architect's or engineer's scale, showing:

1.

Scale of plan, north arrow, and date;

The engineer or surveyor's name, address, and telephone number;

3.

Title: "Lot Line Adjustment Map";

4.

All existing lot lines, their dimension, and bearing;

5.

Proposed lot line, its dimension, and bearing—dash the lot line to be adjusted, draw solid the lot line in its proposed new location, and indicate the distance between them;

6.

Legal description for all involved lots;

7.

Footprints of all existing structures on the involved properties, including setback information and standards in the Zoning Ordinance, where relevant;

8.

Location of all driveway and parking areas;

9.

All other improvements, drainage facilities, utilities, dedications, rights-of-way, and easements;

10.

Location of major trees near the affected lot line;

11.

Area calculations, in square feet, of affected lots before and after the lot line adjustment.

B.

A preliminary or final title report no older than three months, with legal description, verifying ownership and mortgages/trust deed holders of record.

C.

Legal description of the area to be traded, or new legal descriptions of each lot and closure calculations verifying new legal descriptions.

D.

A written statement of the reasons for the lot line adjustment.

An application for a lot line adjustment shall be made to the Planning Division, accompanied by the required plans and materials, a filing fee in accordance with the City's Master Fee Schedule, and a map to be retained in the City files. If required by Section 8762 of the Business and Professions Code, a record of survey shall also be submitted. Within 30 days of the receipt of an application, the Zoning Administrator may require additional information as deemed necessary to determine whether the proposed adjustments meet the requirements of this section.

A.

Action by Zoning Administrator. Within 30 days of the receipt of a complete application, the Zoning Administrator, in consultation with the Director of Engineering and Capital Improvement Projects, shall approve, conditionally approve, or deny the application for lot line adjustment and shall notify the owner of the determination.

B.

Required Findings. The Zoning Administrator shall approve a lot line adjustment application if on the basis of the application, plans, and materials the Zoning Administrator finds the adjustment conforms to Section 15.04.714.020 and:

1.

That the proposed lot line adjustment is in conformance with the base zoning district and any overlay zoning districts or specific plans that apply to the site;

2.

That said lot line adjustment is consistent with the General Plan; and

3.

That the lot line adjustment is exempt from the subdivision requirements of the Subdivision Map Act.

C.

Limitations on Conditions. The Zoning Administrator shall not impose any conditions on the approval of a lot line adjustment except to comply with the requirements of this Ordinance on permitted lot line adjustments. Any improvements that are required to be installed or constructed shall be installed or constructed pursuant to the requirements of this Ordinance.

A.

The Zoning Administrator shall render the determination within 45 days of receipt of a complete application submittal.

B.

Notice of the determination and information about the appeal period and procedures shall be mailed to the applicant, the owner of record of all involved lots, and adjacent property owners on the date of the decision.

C.

The determination of the Zoning Administrator shall become final 15 days after the determination is rendered, unless appealed to the Planning Commission in accordance with the provisions for such appeals in this Ordinance.

A.

When the decision becomes final, the Zoning Administrator will prepare a notice of lot line adjustment if the lot line adjustment was approved or in the case of conditional approval, the notice of lot line adjustment will be prepared when applicable approval conditions have been satisfied; the notice of lot line adjustment will be mailed to the applicant.

B.

The resulting changes in ownership of the affected land must be conveyed by legal document by the involved owners within one year of the Zoning Administrator's determination, or the notice of lot line adjustment will expire.

The lot line adjustment shall be reflected in a deed and shall be filed for record in the Contra Costa County Clerk-Recorder's Office, County Recorder Division.

ARTICLE 15.04.715 - APPROVALS AND ACCEPTANCE OF IMPROVEMENTS; EXCEPTIONS

A.

Approval. When the required improvements in a subdivision have been completed, the subdivider shall request that the Director of Engineering and Capital Improvement Projects approve the construction of the improvements. Prior to such approval by the Director of Engineering and Capital Improvement Projects, the subdivider shall conform to the following regulations:

"As-built" Plans. The subdivider or his representative shall submit one complete set of improvement plans, grading plans, watercourse permit plans, and any other plans showing all improvements as finally constructed in paper and electronic format (e.g., computer-aided design or CAD files) as specified by the Director of Engineering and Capital Improvement Projects. All changes from the original approved plans shall be noted. The subdivider's civil engineer and soils engineer shall certify on the plans that they are "as-built" plans.

2.

Letter of Certification. The subdivider's soils engineer and civil engineer shall certify that the improvements have been constructed in conformance with the approved plans, including any changes authorized by the City and the soils report, if a report was prepared.

3.

Monument List. The subdivider or his/her representative shall submit a street monument list showing the location, elevation and coordinates of each monument as set forth in this Ordinance.

4.

Maintenance of Private Improvements. The subdivider or his/her representative shall submit documentation, if required, satisfactory to the Director of Engineering and Capital Improvement Projects, that maintenance of private improvements is assured by one of the methods set forth in this Ordinance.

5.

Guarantee. The subdivider shall submit a bond or cash deposit to guarantee the work as required in this Ordinance.

B.

Acceptance. Following the approval of the construction of the improvements, the Director of Engineering and Capital Improvement Projects may recommend that certain improvements be accepted for maintenance by the City. The City Council shall accept said improvements for maintenance by resolution.

A.

Tentative Subdivision or Parcel Map. Whenever, in the opinion of the Planning Commission, the subdivision involved is of such size or shape, subject to such title limitations of record, affected by such topographic conditions, or to be devoted to such use that it is physically impossible or impractical in a particular case for the subdivider to conform fully to the regulations contained in this Ordinance, the Planning Commission may in approving a tentative map or tentative parcel map approve such exceptions from the requirements and regulations of this Ordinance as in its opinion are reasonable, necessary and in conformity with the spirit and purpose of the Subdivision Map Act, the Richmond General Plan, and of this Ordinance.

Any proposals for exceptions may be referred by the Planning Commission for a period of at least one week to the official, department, division or agency under whose particular jurisdiction the regulations fall, and to any other interested officials, departments, divisions or agencies for their review and written recommendations.

The subdivider shall, at the time of the tentative map or tentative parcel map submittal, also state in writing the grounds for the requested exceptions and the facts relied upon. If necessary for adequate consideration, the subdivider shall grant additional time to said commission for consideration of the tentative map or tentative parcel map.

B.

Improvement Plans, Development Plans, and Design Standards. Exceptions to detailed requirements on improvement and development plans and minor exceptions to design standard requirements may be granted by the Director of Engineering and Capital Improvement Projects in the case of improvement plans and design standards and the Zoning Administrator in the case of development plans.

ARTICLE 15.04.716 - ENFORCEMENT AND JUDICIAL REVIEW

This article establishes procedures that the City will use to enforce the requirements of the Subdivision Ordinance, including compliance with any conditions of approval imposed to protect public health, safety, and welfare and promote development in accordance with the General Plan.

A.

No person shall offer to sell or lease, to contract to sell or lease, or sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease or financing thereon, except for model homes, or to allow occupancy thereof, for which a final map is required by the Subdivision Map Act or this Ordinance, until such map thereof in full compliance with the provisions of the Subdivision Map Act and this Ordinance has been filed for record by the recorder of the county in which any portion of the subdivision is located.

B.

No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by the Subdivision Map Act or this Ordinance, until such map thereof in full compliance with the provisions of the Subdivision Map Act and this Ordinance has been filed for record by the recorder of the county in which any portion of the subdivision is located.

C.

Conveyances of any part of a division of real property for which a final map or parcel map is required by the Subdivision Map Act or this Ordinance shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record by the recorder of the county in which any portion of the subdivision is located.

D.

This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law, regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

A violation of this Ordinance by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation is punishable by imprisonment in the county jail not exceeding one year or in the state prison, by a fine not exceeding $10,000, or by both fine and imprisonment. Every other violation of this Ordinance is a misdemeanor.

A.

Any deed of conveyance, sale or contract to sell real property that has been divided, or that has resulted from a division, in violation of the provisions of the Subdivision Map Act, or of the provisions of this Ordinance, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his/her heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of the Subdivision Map Act or this Ordinance, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his assignee, heir or devisee.

B.

Any grantee, or his successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or this Ordinance, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he/she has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of the Subdivision Map Act or of this Ordinance and against any successors in interest who have actual or constructive knowledge of such division of property.

C.

The provisions of this subsection shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance or identified in a recorded final map or parcel map, from and after the date of recording.

D.

The provisions of this subsection shall not limit or affect in any way the rights of a grantee or his/her successor in interest under any other provision of law.

E.

The Subdivision Map Act and this Ordinance do not bar any legal, equitable or summary remedy to which any aggrieved local agency or other public agency, or any person, firm or corporation may otherwise be entitled, and any such local agency or other public agency, or such person,

firm or corporation may file a suit in the superior court of the county in which any real property attempted to be subdivided or sold, leased or financed in violation of the Subdivision Map Act is located, to restrain or enjoin any attempted or proposed subdivision or sale, lease or financing in violation of the Subdivision Map Act.

F.

The City shall not issue any permit or grant any approval necessary to develop any real property that has been divided, or that has resulted from a division, in violation of the provisions of the Subdivision Map Act or this Ordinance, if the City finds that development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his/her interest in such real property.

G.

If the City issues a permit or grants approval for the development of any such real property, the City may impose those conditions that would have been applicable to the division of the property at the time the applicant acquired his/her interest in such real property, and which has been established at such time by the Subdivision Map Act or this Ordinance, except that if a conditional certificate of compliance has been filed for record, only such conditions stipulated in that certificate shall be applicable.

A.

Building Permit. No building permit or similar entitlement of use shall be issued for the development of any lot within a subdivision until all required improvements are substantially completed to the satisfaction of the Director of Engineering and Capital Improvement Projects, except as permitted in this section.

B.

Model Homes. Not more than seven lots (or seven structures in a planned development) in a subdivision may be designated as model home sites. If such sites are approved by the Director of Engineering and Capital Improvement Projects as capable of being developed without conflicting with the work or construction of required subdivision improvements, then building permits and entitlements may be issued therefor. Each site shall be easily accessible from existing improved streets. No model home shall be located more than 300 feet from an approved source of water for firefighting purposes.

C.

Condominium Developments in Planned Area Districts. Building permits may be issued subsequent to the approval or conditional approval of the tentative map, but before the filing of the parcel map or final map, for buildings in condominium developments in planned area districts, provided that a final development plan has been approved, as defined in the Zoning Ordinance.

A.

Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request, and the Director of Engineering and Capital Improvement Projects shall determine, whether such real property complies with the provisions of the Subdivision Map Act and this Ordinance.

B.

Upon making such a determination, the Director of Engineering and Capital Improvement Projects shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and this Ordinance. A fee in a sum set by resolution of the City Council shall be imposed to cover the cost of issuing and recording the certificate of compliance.

C.

If the Director of Engineering and Capital Improvement Projects determines that such real property does not comply with the provisions of the Subdivision Map Act or this Ordinance, he/she may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his/her interest therein, and which had been established at such time by the Subdivision Map Act or this Ordinance. Upon making such a determination and establishing such conditions, the Director of Engineering and Capital Improvement Projects shall cause a conditional certificate of compliance to be filed for record with the County Recorder. Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate pursuant to this subsection,

a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

D.

Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the City.

E.

A certificate of compliance shall be issued for any real property that has been approved for development pursuant to this Ordinance.

F.

A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

A.

Whenever the Director of Engineering and Capital Improvement Projects has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or this Ordinance, he/she shall cause to be filed for record with the County Recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, and describing the violation, and stating that an opportunity will be given to the owner to present evidence.

B.

Upon recording a notice of intention to record a notice of violation, the Director of Engineering and Capital Improvement Projects shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date and place at which the owner may present evidence to the Planning Commission why such notice should not be recorded.

C.

If, after the owner has presented evidence, it is determined that there has been no violation, then the Director of Engineering and Capital Improvement Projects shall record a release of the notice of intention to record a notice of violation with the County Recorder.

D.

If, however, after the owner has presented evidence, the Planning Commission determines that the property has been illegally divided, or if within 60 days of receipt of such copy the owner of such real property fails to inform the Director of Engineering and Capital Improvement Projects of his/her objection to recording the notice of violation, the Planning Commission shall record the notice of violation with the County Recorder.

E.

The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.

An action or proceeding to attack, review, set aside, void or annul a decision of the City under this Ordinance must be commenced and served on the City within 90 days after the date of the decision. After 90 days, all persons are barred from any such action.

SERIES 800 - ADMINISTRATION AND PERMITS

ARTICLE 15.04.801 - GENERAL

This Series establishes the procedures and criteria by which the City of Richmond will review proposed land use and development for compliance with Article XV, Zoning and Subdivision Regulations, of the Municipal Code of the City of Richmond ("Article XV").

All use and development of land or structures, construction of buildings and improvements to the land, and changes in the use of land or structures must obtain permits and approvals in accordance with Article XV, unless specifically exempted.

A.

Requirements for new structures or land uses, or changes to structures or land uses. No permit shall be issued by the City unless the proposed project complies with all applicable provisions of Chapter 15.04, including the applicable findings, conditions of approval, and all other applicable provisions of law

B.

Legal Parcel. The site of a proposed land use, development, modification, or other improvement shall be on a parcel(s) legally created in compliance with the Subdivision Map Act and the City's Subdivision Regulations. Parcels created after the adoption of Series 400, Form-Based Zoning Districts, are subject to the requirements in Article 15.05.100 (Building Form Standards) for the applicable Transect Zone.

C.

Minimum requirements. The provisions of this Code are minimum requirements for the protection and promotion of the public health, safety, and general welfare. When discretion is provided on the part of a City official or body, that discretion may be exercised to impose conditions on the approval of any project proposed.

D.

Effect on Existing Development and Land Uses. Development and/or use(s) legally existing as of the adoption of this Code shall comply with Section 15.05.850 (Nonconforming Provisions).

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)