Lot mergers

[Dave Lindell]

I know no more than four lots can be reconfigured in a Lot Line Adjustment.

How many can be merged into one? (There are five involved)

What if three were merged into one almost a year ago?

[pls7809]

From what I've seen it depends on local agency. Some cities require a subdivision map to do a merger, and some require an LLA.

[mpallamary]

Please note a government "merger" is exclusive under the SMA. What you are talking about is a "consolidation." This can be accomplished by a lot line adjustment wherein 5 lots can be adjusted out to 1 lot, 4 can go to 1, etc. Note the SMA:

66451.10. (a) Notwithstanding Section 66424, except as is otherwise
provided for in this article, two or more contiguous parcels or
units of land which have been created under the provisions of this
division, or any prior law regulating the division of land, or a
local ordinance enacted pursuant thereto, or which were not subject
to those provisions at the time of their creation, shall not be
deemed merged by virtue of the fact that the contiguous parcels or
units are held by the same owner, and no further proceeding under the
provisions of this division or a local ordinance enacted pursuant
thereto shall be required for the purpose of sale, lease, or
financing of the contiguous parcels or units, or any of them.
(b) This article shall provide the sole and exclusive authority
for local agency initiated merger of contiguous parcels. On and after
January 1, 1984, parcels may be merged by local agencies only in
accordance with the authority and procedures prescribed by this
article. This exclusive authority does not, however, abrogate or
limit the authority of a local agency or a subdivider with respect to
the following procedures within this division:
(1) Lot line adjustments.
(2) Amendment or correction of a final or parcel map.
(3) Reversions to acreage.
(4) Exclusions.
(5) Tentative, parcel, or final maps which create fewer parcels.
*************************************

Lot line adjustments are exempt under 66412(d) of the SMA. As a general rule, local agency involvement can and should be mininal.

Good luck.

[mpallamary]

And a good decision to do so. Wouldn't it be nice if we had some uniformity across the state?

Perchance to dream.

[Brian Christensen]

"The City is comfortable doing this as a Lot Line Adjustment to move the lot line colinear with the eastern lot line".

Such an instrument is the Turbo Encabulator...

[Anthony Maffia]

Government Code Section 66451.12

Attached is a form I created for Alameda County for a lot merger about 6 years ago. It is based on a City of Oakland form, and the county planning dept liked it, don't remember about the county surveyor.

The county filled in the blanks and recorded it together with a new lot description.

[mpallamary]

Sounds like education time for those guys. They don't understand what a merger is. Sadly, most agencies don't understand them. The rules are quite different if they initiate it.

Do they even have a merger ordinance in place?

[mpallamary]

If the City Engineer is not licensed as a Surveyor, he/she cannot offer that opinion.

[Anthony Maffia]

An LLA can't be conditioned on the owner making a dedication. I don't know if state law similarly ties their hands with respect to mergers.

[mpallamary]

Nice! Stay strong and force chapter and verse authority.

[Jim Frame]

"Beginning at the northeast corner of XXX; thence nowhere. Containing Nothing."


"Enclosed is the check print of your plat with the following additional comments:

1. Please provide closure calculations for the eliminated parcel.

2. Areas must be expressed to the nearest 0.001 acre.

3. Area annotations must be contained within the annotated parcel lines; annotations may not touch the parcel boundary lines. At the city's discretion, an exception may be made to the minimum text size if legibility is not compromised.

4. Please provide 2 check prints of the revised plat. Note that each subsequent map check for this project will incur an additional fee of $120.00.

5. Good luck."

.

[Ben Lund]

I know this is an old thread but Jim's last post here had me on the floor laughing!

[Ian Wilson]

Thanks, Ben! Great to see done of Steve's posts again.

[land butcher]

Agencies have a habit of putting things in the conditions of approval that are not allowed under their own codes.
ALWAYS as for the code for EVERY item on the conditions of approval before agreeing to the COA.

[goodgps]

After trying to read through all of this, I have a question.
Can a public agency ?
1. require a merger application of four lots into two lots THEN proceed with t lot line adjustment ?
2. require an owner (of lla application) to install sidewalk PRIOR to approval of any lot line adjustment ?

Criteria Four legal subdivision lots. two buildings occupy them and are situate over Lot Lines.
Each resultant "Lot" has sewer, water, gas and electric services.

Thank you
Dave Harris

[dedkad]

After trying to read through all of this, I have a question.
Can a public agency ?
1. require a merger application of four lots into two lots THEN proceed with t lot line adjustment ?
2. require an owner (of lla application) to install sidewalk PRIOR to approval of any lot line adjustment ?

Criteria Four legal subdivision lots. two buildings occupy them and are situate over Lot Lines.
Each resultant "Lot" has sewer, water, gas and electric services.

Thank you
Dave Harris

1. Seems like an unncessary step. For a LLA, you don't have to end up with the same number of parcels you start with, you just can't end up with more than you start with. SMA 66412(d)
2. No.

[goodgps]

Thank You DED

Exactly what I told the City planner. I'll bypass planning and make a presentation directly to the City Engineer

Hoping it will work without a big battle.... (small town politics)