Richmond Municipal Code Art. 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;

2. 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.