City of Milpitas
Engineering Design Guidelines
Lot Line Adjustment & Lot Combination

The information and guidelines contained herein are to be used whenever applicable. In the event a development is to be constructed in stages, master utility plans are required prior to submittal of the first stage improvement plans. The master utility plans shall show all improvements, including interim (phased) and ultimate improvements. For information regarding these guidelines contact the Land Development Section of the Engineering Division, at (408) 586-3329.

Lot Line Adjustment Application Form

Lot Combination

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Lot Line Adjustment Procedure

1. Applicability.  This applies to lot line adjustments, where the applicant is seeking to adjust the boundaries between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a great number of parcels than originally existed is not created.  Prior to submitting the application to the City Council for approval, the City Engineer must determine that:
   
   
   1. Parcels resulting from the lot line adjustment will conform to the general plan, and any zoning and building ordinances.
      
      
   2. Does not include any lots or parcels, which were illegally created.
      
      
   3. Results in lots, which meet all applicable building and zoning regulations.
      
      
   4. Does not impair any existing access or create a need for access to any adjacent lots or Parcels.
      
      
   5. Does not impair any existing easements or create a need for any new easements servicing any adjacent lots or parcels.
      
      
   6. Does not require substantial alteration of any existing improvements or create a need for any new improvements.
      
      
   7. Does not create a greater number of parcels than originally existed.
      
      
2. Requirements and Procedure for Approval of Lot Line Adjustments:
   
   
   1. Completed, notarized, original application form submitted to the Engineering Division.
      
      
   2. Processing Fee of $615 or charge against an existing Private Job Account.
      
      
   3. Original 8-1/2" x 11" plat and three (3) copies which shall include the following:
      
      
      1. The plat shall be drawn to scale.
      2. All parcels proposed for adjustment shall be shown.
      3. All existing lots or parcels shown on final maps or parcel maps shall be identified by map type and number.
      4. Lot Line Adjustment Number to be assigned by Engineering Division.
      5. North arrow and scale shall be shown on the plat.
      6. The name, wet signature, wet seal, address, telephone number and license number of the Engineer or Surveyor who prepared the map.
      7. The location, width and names, if any, of all existing streets; and the location, width and purpose of all easements which lie within the boundaries of the land proposed for adjustment.
      8. The names of the owners of the parcels proposed for adjustment and the Assessor's numbers of those parcels shall be labeled within or adjacent to the parcels involved.
      9. The net area of each affected lot before and after adjustment.
      10. A vicinity map with north arrow and scale indicated.
      11. The dimensions of each boundary of each proposed lot.
          
          
   4. Original 11”X17” or larger plat and three copies of the same which shall include the following:
      
      
      1. The location of all existing buildings and structures and their uses, the distance between said buildings and structures, and the minimum distance between each building or structure and the boundary of the proposed lot on which it is located.
      2. Location of all railroads, drainage courses, all natural or man made obstacles, and an indication of any physical restrictions or conditions in the subdivision which affect the use of the property.
      3. A statement of the existing zoning and the proposed use of each lot.
         
         
   5. Legal Descriptions:
      
      Separate legal descriptions of properties affected before and after adjustment, with wet signature and seal of L.S. or qualified R.C.E.
      
      
   6. Preliminary Title Report and Reference Maps:
      
      For verification of current ownership, a Title Report not more than 90 days old is required for each affected lot.  Applicant(s) must also submit proof that each affected lot was created legally.  Lots were created by the following means are considered legal:
      
      
      1. Lots created by means of a Recorded Parcel Map or Final Map which was approved in accordance with the state and local law in effect on the date of the map approval.
      2. Four or less lots created by a Record of Survey or Deeds recorded prior to 11/7/1967.
      3. Four or more lots created by a Record of Survey or Deeds recorded prior to 7/8/1954.
      4. Five or more lots created by a Record of Survey or Deeds recorded prior to 11/22/1954
      
      A Certificate of Compliance or Parcel Map will be required if any of the affected lots which do not meet the above criteria.
      
      
   7. After Items 2(a) through 2(f), above, are all submitted, the application will be reviewed by the Engineering Division.
      
      
   8. If the City Engineer determines that the proposed lot line adjustment meets the requirements of this guideline and applicable laws, the application will be submitted to the City Council for approval.
      
      
   9. Recordation of the resolution and a copy of the approved plat by the City is the applicant's authorization to have new deed(s) prepared and      recorded, reflecting the lot line adjustment.  The deeds shall contain language referencing the City Council's approval date and resolution numbers and recordation date. Deeds must be recorded within six (6) months of resolution recordation date.
      
      
   10. Properties within Assessment Districts will be required to be re-segregated after lot line adjustment approval by the City Council.