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TO BE PUBLISHED IN THE OFFICIAL REPORTS
 

OFFICE OF THE ATTORNEY GENERAL
 

State of California
 

DANIEL E. LUNGREN
 

Attorney General
 

OPINION : 

: No. 94-518 

of : 

: November 18, 1994 

DANIEL E. LUNGREN : 

Attorney General : 

: 

CLAYTON P. ROCHE : 

Deputy Attorney General : 

: 

THE HONORABLE THOMAS F. CASEY III, COUNTY COUNSEL, SAN MATEO 

COUNTY, has requested an opinion on the following question: 

May a city or county require a field survey to be performed and a record of survey to be 

filed for a lot line adjustment which involves the creation of new points or lines not shown on any 

subdivision map, official map, or record of survey, the positions of which are not ascertainable from an 

inspection of the subdivision map, official map, or record of survey without trigonometric calculations? 

CONCLUSION 

A city of county may not require a field survey to be performed or a record of survey to 

be filed for a lot line adjustment which involves the creation of new points or lines not shown on any 

subdivision map, official map, or record of survey, the position of which are not ascertainable from an 

inspection of the subdivision map, official map, or record of survey without trigonometric calculations. 

ANALYSIS 

This request for our opinion involves the relationship between the Subdivision Map Act 

(Gov. Code, '' 66410-66499.37)1 and the Professional Land Surveyors' Act (Bus. & Prof. Code, ''

1

All references hereafter to the Government Code are by section number only. 

1. 94-518
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8700-8806). Section 66412, a part of the Subdivision Map Act, refers to Business and Professions 

Code section 8762, a part of the Professional Land Surveyor's Act, in connection with the approval by a 

city or county of a lot line adjustment for adjacent parcels of land. Section 66412 provides: 

"This division shall be inapplicable to: 

". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

"(d) 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, provided the lot line 

adjustment is approved by the local agency, or advisory agency. A local agency or 

advisory agency shall limit its review and approval to a determination of whether or not 

the parcels resulting from the lot line adjustment will conform to local zoning and 

building ordinances. An advisory agency or local agency shall not impose conditions 

or exactions on its approval of a lot line adjustment except to conform to local zoning 

and building ordinances, to require the prepayment of real property taxes prior to the 

approval of the lot line adjustment, or to facilitate the relocation of existing utilities, 

infrastructure, or easements. No tentative map, parcel map, or final map shall be 

required as a condition to the approval of a lot line adjustment. The lot line adjustment 

shall be reflected in a deed, which shall be recorded. No record of survey shall be 

required for a lot line adjustment unless required by Section 8762 of the Business and 

Professions Code. 

". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ." 

Section 8762 of the Business and Professions Code states in turn: 

"After making a survey in conformity with the practice of land surveying, the 

surveyor or civil engineer may file with the county surveyor in the county in which the 

survey was made, a record of the survey. 

"After making a survey in conformity with the practice of land surveying, the 

licensed land surveyor or registered civil engineer shall file with the county surveyor in 

the county in which the survey was made a record of the survey relating to land 

boundaries or property lines, if the survey discloses any of the following: 

". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

"(d) The establishment of one or more points or lines not shown on any 

subdivision map, official map, or record of survey, the positions of which are not 

ascertainable from an inspection of the subdivision map, official map, or record of 

survey without trigonometric calculations. 

". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ." 

2. 94-518
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We are asked whether a city or county may require a field survey to be made and a record of survey to 

be filed for a lot line adjustment which involves the creation of new points or lines not shown on any 

subdivision map, official map, or record of survey, the positions of which are not ascertainable from an 

inspection of a subdivision map, official map, or record of survey without trigonometric calculations. 

We conclude that a field survey and record of survey may not be required based upon such 

circumstances alone. 

In 76 Ops.Cal.Atty.Gen. 19, 23 (1993), we recently summarized the general purposes of 

the Subdivision Map Act as follows: 

". . . The Subdivision Map Act (Gov. Code, '' 66410-66499.37; `Act') establishes 

general criteria for land development planning in the creation of subdivisions 

throughout the state. Cities and counties are given authority under the legislation to 

regulate the design and improvement of divisions of land in their areas through a 

process of approving subdivision maps required to be filed by each subdivider. (''

66411; Santa Monica Pines, Ltd. v. Rent Control Board, supra, 35 Cal.3d 858, 869; 

South Central Coast Regional Com. v. Charles A. Pratt Construction Co. (1982) 128 

Cal.App.3d 830, 844-845.) A subdivider must obtain approval of the appropriate map 

before the subdivided parcels are offered for sale, or lease, or are financed. 

('' 66499.30, 66499.31; Bright v. Board of Supervisors (1977) 66 Cal.App.3d 191, 

193-194.) 

"The Act sets forth procedures by which cities and counties may impose a variety 

of specific conditions when approving the subdivision maps. Such conditions typically 

cover streets, public access rights, drainage, public utility easements, and parks, among 

other improvements. ('' 66475-66489; see Associated Home Builders etc., Inc. v. 

City of Walnut Creek (1971) 4 Cal.3d 633, 639-647; Ayers v. City Council of Los 

Angeles (1949) 34 Cal.2d 31, 37-43.)" 

The Professional Land Surveyors' Act, on the other hand, regulates the practice of land 

surveying in this state by licensing those engaged in that profession. It also permits, and in some cases 

requires, the filing of records of surveys with county surveyors, which are ultimately filed with county 

recorders. (See Bus. & Prof. Code, ' 8762.) 

Looking first at the specific provisions of section 66412, we find that a "local agency" 

(i.e., a city or county, ' 66420), is empowered to approve lot line adjustments, and in so doing, remove 

them from the purview of the Subdivision Map Act ("This division"). In so doing, the local agency is 

subjected to the following limitations: (1) the review shall be limited to a determination whether 

the lot line adjustment conforms to local building and zoning ordinances; (2) no exactions or conditions 

are to be imposed except those: (a) which are necessary to conform the lot line adjustment to building 

and zoning ordinances; (b) which require the payment of property taxes; (c) which facilitate the 

relocation of utilities, infrastructure, or easements; (3) no tentative, parcel map, or final map shall be 

required; and (4) no record of survey shall be required unless required by section 8762 of the Business 

and Professions Code. 

3. 94-518
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

With respect to the express provisions of Business and Professions Code section 8762, 

we note that it requires the filing of a record of survey only if a professional surveyor or civil engineer 

has made a field survey in the first instance. It does not require surveys to be made and only requires 

records of surveys to be filed if the property owner first obtains a survey for his or her own purposes. 

In interpreting the statutory provisions in question, we may rely upon several principles 

of statutory construction. "In construing a statute, a court's objective is to ascertain and effectuate the 

underlying legislative intent." (Moore v. California State Board of Accountancy (1992) 2 Cal.4th 999, 

1012.) "In determining intent, we look first to the language of the statute, giving effect to its `plain 

meaning.'" (Kimmel v. Goland (1990) 51 Cal.3d 202, 208-209.) "`[C]ourts are no more at liberty to 

add provisions to what is therein declared in definite language than they are to disregard any of its 

express provisions.'" (Wells Fargo Bank v. Superior Court (1991) 53 Cal.3d 1082, 1097.) 

We believe that the language of section 66412 is plain and unambiguous. A local 

agency may not require a record of survey for a lot line adjustment except where one is "required by 

Section 8762 of the Business and Professions Code." The latter statute does not require a record of 

survey unless the property owner has first obtained a survey. 

A city or county itself cannot require a survey to be made or a record of survey to be 

filed since neither condition is allowable under the express terms of section 66412. Pursuant to the 

statute, the only authorized conditions that may be imposed at the time of reviewing a lot line 

adjustment application relate to zoning and building ordinances, real property tax payments, and the 

relocation of existing utilities, infrastructure, and easements. 

In short, a city or county must "limit its review and approval to a determination of 

whether or not parcels resulting from the lot line adjustment will conform to local zoning and building 

ordinances." (' 66412, subd. (d).) We have examined in detail the legislative history of section 

66412 and have found nothing that is inconsistent with the plain wording of the statute as herein 

discussed. 

We recognize that cities and counties have broad police power authority to regulate 

subdivisions and land uses within their jurisdictions. (See Griffin Development Company v. City of 

Oxnard (1985) 39 Cal.3d 256, 261-264; Santa Monica Pines, Ltd. v. Rent Control Board (1984) 35 

Cal.3d 858, 868-869; Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129, 140.) Section 7 of article 

XI of the Constitution provides: "A county or city may make and enforce within its limits all local, 

police, sanitary, and other ordinances and regulations not in conflict with the general laws." 

Nevertheless, the constitutional grant of authority is not without limitation; where a local police power 

ordinance conflicts with general law, it is void. (Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 

290; A & B Cattle Co. v. City of Escondido (1987) 192 Cal.App.3d 1032, 1038.) Here, section 66412 

controls what a city or county may require when reviewing a lot line adjustment application. 

Accordingly, we conclude that a city or county may not require a field survey to be 

performed or a record of survey to be filed for a lot line adjustment which involves the creation of new 

points or lines not shown on any subdivision map, official map, or record of survey, the positions of 

4. 94-518
 
which are not ascertainable from an inspection of the subdivision map, official map, or record of survey 

without trigonometric calculations. 

* * * * * 

5. 94-518