Merger or LLA across city limits

[David Kendall]

A client is asking if we could perform LLA on three contiguous lots with a city limit in the middle. One of the resultant lots would have a residence in one city and ADU in the other. This solution is intended to settle a legal conflict and a permit violation on the ADU.

The goal is not to adjust the city limits, just to execute the LLA. I have no prior experience with this situation but I cannot see any laws against it

No problem with applying for LLA to both cities but is there anything else I should consider?

[PLS7393]

I believe you answered your own question, that both cities will have to work and approve the document.
I can be a little bit of a pain, since each city has different requirements, but they typically will work together, but then there are double the fees.

Good Luck as I hate dealing with two cities on one map/document

[Dudley]

David, I had a similar issue where one of the parcels in the LLA was already in two jurisdictions both prior and after the proposed LLA. One jurisdiction provided a letter to the other stating that they will cede to the other's process and waived their own application process (yet still collected a small fee).
I ran this past LAFCo, and they were not a fan, but given it was a pre-existing condition, they blessed it. They did mention that this would not be acceptable to LAFCo and BOE if the LLA was creating the issue. I'm not sure what authority, if any, LAFCo has in your situation. I'm just passing along my experience in case it is helpful.
I think you have my number/email... Feel free to reach out if you want more specifics on my experience.

[jamesh1467]

Typically, there are tax implications for these things. How much property tax goes to each city from the new combined parcel? You will need to work out issues like the ADU getting street access in one city vs another. That means theres justification for that other city to get more taxes now with the ADU because the ADU uses its streets. Utilities from one or another that its not located in. Then you have an out-of-area services agreement for the ADU in another city because the city line doesn't change. Both cities might have to agree to that agreement because each city is supposed to provide services within its limits. Typically out of service agreements are done when the parcel is in the county, and I don't know how it would work between two cities. Especially for a single parcel and not a group of parcels. I would avoid this if you could. I could see a lot of practical problems coming up that are easier to avoid over the long term by keeping them separate. Even if you get it done, I could see some unknown surprises down the road for the property owner.

I think the one from Dudley is the only way to do it. One city ceeds to the other and even though the property stays technically in their city, its basically in the other city. But if you improve the parcel with an ADU, I would think the city with the ADU wouldn't want to let that happen. Thats tax revenue walking out the door on them. LAFCO is supposed to solve these issues between jurisdictions btw. But that's its whole other thing, and I get the feeling LAFCO would stop this if given the chance. Again, I would just avoid this unless you are in a deep hole legally to get the ADU done. I think it will cause the property owner more problems over the long term vs solving the permitting problems in other ways.