California Surveyors Forums

I know Lot Line Adjustments are limited to four existing parcels, but are lot mergers?
The question I've been asked is whether 5 CITY OWNED parcels can be merged into one.

Any SMA references would be appreciated.

Check to see if the city has a meger ordinance. If so, then 66499.20.3 is enabled and there is no limit unless per ordinance. Otherwise you are likely limited to the #4 per the LLA limitation/process. Although, many municipalities do allow sequential lot line adjustments to take place.

Yes they can. Please see the attached.

Here are the attachments.

A lot merger is a lot line adjustment in reverse. You cannot increase but you can decrease without limitation.

A quick review of MP's attachments appears his statements are geared towards using the LLA process for merger, however review of the documents revealed nothing to me which supports using the LLA process to merge more than 4 lots. Nor does 66412(d). In fact 66412(d) appears clear and unambiguous where it states "between 4 or fewer EXISTING lots", Perhaps a closer review of MP's attachments will reveal supporting law in regards to the LLA process being used but it didn't jump out to me. Being also that each of the many cities and counties all have their own "interpretation" of 66412(d), I suppose there is also the chance one might come across one that also shares his view.

66499.20.3.
A city or county may, by ordinance, authorize the merger of contiguous parcels under common ownership without reverting to acreage. The ordinance shall require the recordation of an instrument evidencing the merger.

No limit set on number of parcels that can be merged in the SMA, but the agency's ordinance might have something.

Just to be sure we are on the same page. A lot merger is an EXCLUSIVE provision under the SMA. You can get there by a lot line adjustment if you know how to work things. Why go through a merger when a LLA might get you there? An LLA is EXEMPT under the SMA (66412-d).

Also, as you may know from a recent court decision, you can do a LLA for 4 lots and the next week do it again and the next week again. You can do a LLA for 100 lots if you want, 4 at a time.

https://www.sandiego.gov/sites/default/ ... /ib578.pdf

http://www.californiasurveyors.org/PDFs ... Amicus.pdf

http://www.daltontomich.com/lot_lines_and_ceqa/


"GOVERNMENT CODE
SUBDIVISION MAP ACT

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.

CIVIL CODE

1093. Absent the express written statement of the grantor contained therein, the consolidation of separate and distinct legal descriptions of real property contained in one or more deeds, mortgages, patents, deeds of trust, contracts of sale, or other instruments of conveyance or security documents, into a subsequent single deed, mortgage, patent, deed of trust, contract of sale, or other instrument of conveyance or security document (whether by means of an individual listing of the legal descriptions in a subsequent single instrument of conveyance or security document, or by means of a consolidated legal description comprised of more than one previously separate and distinct legal description), does not operate in any manner to alter or affect the separate and distinct nature of the real property so described in the subsequent single instrument of conveyance or security document containing either the listing of or the consolidated legal description of the parcels so conveyed or secured thereby.

This section does not constitute a change in, but is declaratory of, the existing law."

mpallamary wrote:Just to be sure we are on the same page. A lot merger is an EXCLUSIVE provision under the SMA. You can get there by a lot line adjustment if you know how to work things. Why go through a merger when a LLA might get you there? An LLA is EXEMPT under the SMA (66412-d)."

Mergers are cheaper and faster, that's why. The processing fees are 1/2 the price in our agency and take just a matter of weeks from application to recordation as opposed to a LLA which can take months. With a merger you can grab the existing parcel legal descriptions from the title report, staple them to a Notice of Merger form, sign, notarize, and you're done. LLA's typically have a more rigorous review process and would most likely require hiring a surveyor to write a new legal description for the merged lots. The only reason I could see someone using a LLA to merge parcels would be if the local agency does not have an ordinance in place to allow for voluntary mergers.

Dedkad...

Can you please share with me what jurisdiction does this? I don't seem to have run into it, yet.

Thanks!

I think it is up to us to push the local controlling agency
to install merger ordinance. I have worked in one County where it
was 50 bucks and a stamped legal and another County where
you must use LLA process for $1000 in fees or worst if the client has lots of
parcels need to do a Parcel Map opening up a bunch of conditions.

I keep banging on planning maybe I need to comment at Board of Sup meeting.

As long as the ordinance is well written and really does what it purports to do easily, then, by all means.

Here's one from a county in California that is so open its scary...and outdated:

Where a proposal has been made to combine or merge two (2) or more lots or parcels, or two (2) or more sets of lots or parcels, for the purpose of creating one or more larger building sites, the provisions of this Chapter and section 66424.2 [ repealed prior to 1995 ] of the Government Code shall be complied with; provided, however, the preparation of a preliminary design map and a tentative parcel map, and the procedures required incident thereto may be waived by the Planning Director upon a determination that such lot combination or merger does not warrant such procedures because of size, location, or the fact such lots are a part of a previously recorded subdivision.

Just sayin...

Near the northern end of the state, Cow County has a "conditional-able" merger ordinance: http://www.co.tehama.ca.us/images/stori ... 201982.pdf

As an interesting side note, Cow County requires applicants of lot line adjustments to also apply for a merger. Apparently in their eyes the moving of lines creates a transfer parcel which they feel must be merged into the adjoined lot.

All you boys and girls making fun of my "COW COUNTRY" has made me change my ICON.
At least we don't live in the ZOO!

hope Christmas is going well for all

Brian

William Magee wrote:As an interesting side note, Cow County requires applicants of lot line adjustments to also apply for a merger. Apparently in their eyes the moving of lines creates a transfer parcel which they feel must be merged into the adjoined lot.

I'm not seeing that. The application is labeled Lot Line Adjustment & Merger Application, but there is no reference to the requirement for the merger after the LLA. The two procedures have separate sections in the County Ordinance. [16.24.020 - Lot line adjustment and 16.12.055 - Voluntary merger of contiguous parcels]

The application can be used for both. Some jurisdictions allow merging of parcels under the LLA. Some do not. Unless I misunderstand, Tehama County is one of the ones that allow mergers on the LLA application.

Thanks for the heads up, though! I love digging in to all these different interpretations of 66124(d).

Ian