Lot line adjustments

[MikeT]

Hello.

I'm pretty confident that you need to go through the respective city/county planning departments to do a lot line adjustment, but I was trying to find that requirement within the state law codes. I can't find it. Can someone direct me to such? Thanks.

[Warren Smith]

Mike,

Section 66412 (d) of the Subdivision Map Act exempts Lot Line Adjustments from the provisions of filing a tentative and parcel map, and limits review by the local agency to ensure conformance to the local general plan and any specific plan, so it falls squarely within Planning Departments' oversight.

Tentative maps, after all, are reviewed and approved by Planning Commissions, so City and County Codes naturally follow similar application procedures.

[dedkad]

66412.
This division shall be inapplicable to any of the following:

(a) The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks, or trailer parks.

(b) Mineral, oil, or gas leases.

(c) Land dedicated for cemetery purposes under the Health and Safety Code.

(d) A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency. A local agency or advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, any applicable coastal plan, and 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 the local general plan, any applicable specific plan, any applicable coastal plan, and 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, 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, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. A local agency shall approve or disapprove a lot line adjustment pursuant to the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1).

[pls7809]

If you remove the words between the commas of the first sentence of 66412(d) it says:

"This division shall be inapplicable to any of the following:

(d) A lot line adjustment between four or fewer existing adjoining parcels...if the lot line adjustment is approved by the local agency, or advisory agency."

[MikeT]

Thanks Warren and dedkad. I personally couldn't find it in the SMA, but I knew something had to buried in there.