Parcel Map required of LLA for merger

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Elias French
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Joined: Fri Aug 07, 2009 7:22 am

Parcel Map required of LLA for merger

Postby Elias French » Tue Jan 08, 2019 1:04 pm

Happy New Year all,

I'm looking to verify or correct my reading of the SMA on this one. My understanding has always been that a Tentative Map, Parcel Map or Final Map shall not be required of a LLA, per SMA 66412(d). This would apply to any and all LLA's, including those that are LLA's for merger. That is, those lot line adjustments that begin with four or fewer parcels but result in only one parcel. It appears from a review of this forum and word of mouth that some jurisdictions require a Parcel Map for these "mergers", and make a distinction between "mergers" and "Lot Line Adjustments".

I know that some jurisdictions have ordinances providing a process for voluntary merger of contiguous parcels, separate from the LLA process, and that in those jurisdictions without such a process, the LLA process is used to accomplish the merger. However, I don't see any provision under the SMA allowing a jurisdiction to require a Parcel/Final Map of either of the above actions.

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Warren Smith
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Location: Sonora

Re: Parcel Map required of LLA for merger

Postby Warren Smith » Tue Jan 08, 2019 2:58 pm

Elias,

Tuolumne County adopted an Ordinance providing for the option of filing a parcel map for lot line adjustments. The other option is to record descriptions of the resultant parcels together with a Consent to Record Statement by the County Surveyor.

The majority of LLAs are, indeed, perfected via an unconditioned parcel map. This way, the new property corners are monumented without having to file a record of survey. Occasionally, an LLA is recorded by description, but this tends to be in advance of application for a development permit which triggers the filing of an RS - typically for setback purposes.

SMA section 66451.10 et seq. provides authority for local agencies to adopt an ordinance relating to agency-initiated merger of contiguous parcels under specified conditions. SMA section 66499.20.2 provides for voluntary merger and resubdivision without reversion to acreage. And Tuolumne County has provided for that to be accomplished by parcel map as well, which can be compiled from record data.

The approval of tentative parcel maps in Tuolumne County has been delegated to the County Surveyor, who holds public hearings in lieu of the Planning Commission doing so. As always, the CS decision in an advisory capacity can be appealed to the Board of Supervisors.
Warren D. Smith, LS 4842
County Surveyor
Tuolumne County

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mpallamary
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Re: Parcel Map required of LLA for merger

Postby mpallamary » Tue Jan 08, 2019 5:27 pm

San Diego also has an optional mapping process. They cannot make it mandatory.
https://www.sandiego.gov/sites/default/ ... dib578.pdf

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Elias French
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Joined: Fri Aug 07, 2009 7:22 am

Re: Parcel Map required of LLA for merger

Postby Elias French » Thu Jan 10, 2019 12:30 pm

Thank you gentlemen,

this is helpful and confirms my understanding. A quick perusal of older versions of the map act indicates that SMA section 66412(d) excluding LLA's from the map act was added sometime after 1972, if I recall correctly, and amended thereafter to specifically disallow the requiring of a "tentative map, parcel map, or final map". Perhaps the reason some jurisdictions request a parcel map for mergers dates to a time before these amendments to the map act...

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Steve Martin
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Location: Hayward

Re: Parcel Map required of LLA for merger

Postby Steve Martin » Fri Jan 11, 2019 9:29 am

From what I understand from those who process and review Lot Line Adjustments, the Parcel Map option is a much cleaner process and the preferred way to go. I don't think it is a leftover from before the SMA was modified, I think the local ordinances were specifically changed to allow the option.


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