LLA ministerial

[falcon]

Good afternoon fine PLS's,

Everyone takes for granted in this and other places that LLA's are to be not discretionary, but are a ministerial process. Where is that specific language in the law?

Is it taken from the fact that 66412(d) has a very limited list of things that the agencies can look at for approval? Therefore no real discretion is allowed?

[Ian Wilson]

That is correct.

Limited review determining that adjusted parcels meet general plan, specific plan, coastal plan, and zoning & building ordinances. There isn't much discretion permitted.

That being said, I review the description and plans to ensure things such as the descriptions actually describe the land being adjusted; the descriptions are properly written; the descriptions close.

While this seems trivial, I reviewed a description that could not be surveyed due to the odd construction of the description and the absence of controlling calls fixing the description to any existing, locatable lines. The description also failed to close by nearly 5 feet on a lot that covered about a quarter acre.

Even thought the review process doesn't allow much discretion, I am amazed at what I see submitted.

[Edward M Reading]

I totally agree with Ian. In addition, we also review to make sure access is provided.

[mpallamary]

I shepherded CLSA through a very important lawsuit when we participated as Amicus Curiea. I hope the attached is helpful.

See also the article in issue 98 of the Cal Surveyor.

https://www.californiasurveyors.org/Doc ... Surv98.pdf

Good luck!