San Dieguito Partnership v. City of San Diego

In San Dieguito Partnership v. City of San Diego (1992) 7 Cal.App.4th 748, a developer applied for a lot line adjustment to reconfigure nine existing parcels in a 189-acre area. (San Dieguito, supra, 7 Cal.App.4th at p. 751.) The application was rejected based on a city attorney's opinion that it created more than five new lots and was, therefore, subject to the SMA. (Id., at pp. 753-754.) The owner filed an action seeking to compel the city to process a lot line adjustment under the exception in section 66412, subdivision (d). The trial court agreed with the city that the lot line adjustment exception to the SMA was intended to permit only minor changes in parcel lines and implied that only two parcels could be the subject of an adjustment. The Court of Appeal in San Dieguito rejected the trial court's reasoning, stating that the language of subdivision (d) was clear, and it did not refer to minor changes or limit the number of parcels. (San Dieguito, supra, 7 Cal.App.4th at pp. 756-759.)