LLA v. Forced Merger in the era of SB-9

[LS_8750]

Two legal parcels turn up on a four acre site in Santa Clara County. No Certificate of Compliance needed. County Zoning Ordinance on Lot Line Adjustments are so constraining that it appears the ordinance was written in a spirit to force mergers. In other words, I can't do a lot line adjustment on two legal parcels. This in the era of SB-9.

Is happening elsewhere?

[Jim Frame]

If they're legal parcels already, what zoning constraints prevent a LLA?

[LS_8750]

Minimum parcel size, or area.
They are Ag zoned parcels, 3.5 ac and 0.5 ac, located in an area with a 20 acre minimum size.

[hellsangle]

Interesting, Clark!

If parcels are proven legal/separate . . . it seems their ordinance becomes a "taking"!

Good luck!

Crazy Phil - Surveyor to Recorder

[Jim Frame]

I can see how an agency would be compelled to deny a proposal to reconfigure a non-conforming existing use. The parcels don't conform to the current zoning, so while they're grandfathered as-is, they're frozen that way unless they can be reconfigured into a conforming state.

[bryanmundia]

If this is truly in Unincorporated Santa Clara County their application does allow for you to apply with a legal non-conforming lot in regard to the general plan. They do mention that the application may not be filed but it may be worth a visit to the counter to explain your situation and see if they will allow you to do it in spite of the current zoning requirements. I would imagine if it is to fix an issue with an encroachment or something like that or if you are increasing the size of the 0.5 Acre site, maybe they will allow it?

[LS_8750]

We have land use and permit history to support LLA, but odd constraints exist in the Code that are averse to the spirit of SB-9.

[polaris]

In Monterey County,they will allow a LLA of two legal non-conforming parcels, as long as the smaller parcel does not get any smaller. I have done many LLAs wirth these types of parcels, especially in AG land.
Lynn