San Dieguito Partnership v. City of San Diego

This case involves changes in the lot lines of certain parcels of land located in the San Dieguito Valley East of the Del Mar Fairground and Interstate 5 freeway, South of Via de la Valle and the San Dieguito River, and West of El Camino Real. The question is whether a particular reconfiguration of the parcels is “[a] lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created . . . (Gov. Code, § 66412, subd. (d).) If the reconfiguration of the parcels fits this definition, it is not subject to the Subdivision Map Act. (SMA; § 66410 et seq.; § 66412.)

The trial court found the reconfiguration was not within the lot line adjustment provisions and denied the petition for a writ of mandate of the owner, San Dieguito Partnership, L. P., (Owner) seeking to compel the City of San Diego (City) to treat it as such. We conclude the lot line adjustment provisions of section 66412, subdivision (d), exempt from the SMA an adjustment of the type sought here and require the City to approve the adjustment subject only to a…