The California Surveyor - CLSA

Lot Line
Adjustments
Defined by Recent
Court Case
The California Land Surveyors
Association recently served a
vital role in an important lawsuit
on the issue of the lot line adjustment
process. The effects will be felt
statewide and would establish case
law on the subject.
History
Contained within section 66412 (d)
of the California Subdivision Map
Act (SMA) is the exclusion of lot line
adjustment procedures which was
the result of a bill originally sponsored
by the California Council of
Civil Engineers and Land Surveyors.
At the time of its inception,
members of CLSA reviewed the bill
and contributed to the language used
therein. The Association also provided
support for the passage of the
milestone legislation.
Spurred by an overall effort by
both organizations to "clean up"
certain provisions of the SMA as well
as to isolate those items not subject
to discretionary review by local agencies
and cities, the exclusions severely
restricted the ability of cities
and counties across the state from
imposing needless and costly regulations
to what is an otherwise
benign procedure.
In 1985, prior to the passage of
the legislation, the language within
Section 66412 (d) of the SMA stated:
"This division (SMA) shall be inapplicable
to...A lot line adjustment
between two or more existing adjacent
parcels, where the land taken
By Michael J. Pallamary
from one parcel is added to an adjacent
parcel, and where a greater
number of parcels than originally
existed is not thereby created, provided
the lot line adjustment is
approved by the local agency, or
advisory agency."
As a result the legislation, carried
by Senator Greene, amended the
SMA by adding the section which
was subsequently challenged by the
several cities across the state. Appended
to the original provisions
within the SMA, the legislation was
revised as follows:"
A local agency or advisory agency
shall limit its review and approval
to determination of whether or not
the parcels resulting from the lot line
adjustment will conform to local
zoning and building ordinances. An
advisory agency or local agency shall
not impose conditions or exactions
on its approval of a lot line adjustment
except to conform to local
zoning and building ordinances, or
except to facilitate the relocation of
existing utilities, infrastructure, or
easements. No tentative map, parcel
map, or final map shall be required
as a condition to the approval of a
lot line adjustment. The lot line adjustment
shall be reflected in a deed
or record of survey which shall be
recorded."
A subsequent revision included
the passage that "No record of survey
shall be required for a lot line
adjustment unless required by section
8762 of the Business and
Professions Code."
The 1986 revision was perceived
by its sponsors, CLSA and the legislature
as being clear in its intent to
strictly limit the extent of discretionary
approval allowed by local agencies
to impose conventional subdivision
requirements for lot line
adjustments.
Objections to the legislation were
lodged by the League of California
Cities, the County Supervisors
Association of California, and the
American Planning Association.
Others objected to the bill including
Lassen County Engineer/Surveyor
John D. Mitchell who argued:"...The
proposed language would expand
the spectrum of the lot line adjustment
with further limitation on the
local agency to control its use....The
sale or conveyance of lots and parcels
described or depicted on United
States government survey maps
would open the door for land butchers
to sell any sectionalized land
without review by the local agency's
approval. This would be disastrous
in the rural counties."
David Schricker, City Attorney for
Redwood City argued that the proposed
amendment would "...set a
bad precedent of inhibiting local
agency review."
Nonetheless in spite of the opposition
the legislation was adopted
and on January 1, 1986 was codified
as state law.
City of San Diego's
Approach
Still dissatisfied with the limitations
placed on their governing actions,
several cities and counties adopted
"revised" procedures for the processing
and approval of a boundary
line adjustment plat, including the
City of San Diego. In its "revision"
to their local requirements the City
of San Diego provided for two "optional
methods" for the processing
of lot line adjustments. One allowed
for the filing of a conventional parcel
map without requiring the processing
of a tentative parcel map. All
that was required in the way of planning
review was an approval as to
the zoning setback location of the
existing structures as well as an
28 The California Surveyor Fall 1992