Conditions for Lot Line Adjustments

[subman]

See the above provision in the Subdivision Map Act which sets the framework and limits the conditions on when an agency can impose conditions on a LLA.

In general: they can to conform to the local general plan, applicable specific plan and/or coastal plan, and zoning/building codes; prepayment of taxes, or facilitate the relocation of existing utilities, infrastrucure or easements.

[E_Page]

Absolutely not! That is an exaction expressly prohibited in §66412(d).

[subman]

Evan,

Please help me understand the purpose of the section that comes after the following:

An advisory agency or local agency shall not
impose conditions or exactions on its approval of a lot line
adjustment except to conform to ...

[E_Page]

If the parcels are legal, then they already conform. There is no need for the govt to confiscate a portion of their land.

Many local agencies have seen that language as a loophole in the law whereby they are able to essentially turn the LLA process back into the PM process. 66412 is for the purposes of exempting certain actions from the SMA.

Local governments are acting in a dishonest manner when they put those provisions back in through the back door of zoning codes, general plans and such. But they feel justified in doing so because they're the govt and know what's better for the community.

Uh oh, I'm starting off on a rant. Let's just say that sneaking in those conditions through a loophole when they are expressly prohibited goes against the spirit of the law.

[Brian Christensen]

I have had that conditioned into a LLA once. Wanted to make the CL of the city St. the PL. City said client had to dedicate right of way as a condition of approval. Thank God there were no deeds of trust and loans to modify!

Isn't the whole conforming thing meant to imply "at the time of approval"?

"...the parcels resulting from the lot line adjustment will conform..."

I guess as all written word is subject to interpretation, just wondering...