Chapters 9.70 through 9.85 of this Code may be cited as the "City of Mission Viejo Subdivision Code."

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

The purpose of this chapter is to provide regulations and controls for the design and improvement of subdivisions in the City of Mission Viejo, in accordance with the Subdivision Map Act.

(b)

Other purposes of this chapter are:

(1)

To implement the City of Mission Viejo General Plan.

(2)

To provide regulations and controls, within the law, over the use of land in the City of Mission Viejo for the health, safety and welfare of present and future residents of Mission Viejo.

(3)

To provide a procedure for lot line adjustments in the City of Mission Viejo.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

No person shall offer to sell or lease, contract to sell or lease, sell or lease, finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final tract map is required by this article, until such map thereof, in full compliance with the provisions of this article and the Subdivision Map Act, has been filed for record by the county recorder.

(b)

No person shall sell, lease or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this article, until such map thereof, in full compliance with the provisions of this article, and the Subdivision Map Act has been filed for record by the county recorder.

(c)

No permit to develop any real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or this article shall be granted by any officer or employee of the City of Mission Viejo or by the planning commission or the city council unless a certificate of compliance has been issued and recorded for the property to be developed in accordance with Division 15 of this chapter.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The director shall formulate such rules, procedures and interpretations as may be necessary or convenient to administer this article. Such rules, procedures and interpretations shall be referred to as the "City of Mission Viejo subdivision manual" or the "subdivision manual." The subdivision manual shall be adopted or amended by the city council by resolution. The director is hereby authorized to incorporate future amendments to the subdivision manual provided such amendments are consistent with this division, and provided that the Subdivision Map Act does not require that such amendments be adopted by ordinance of the city council. Copies of the subdivision manual shall be made available to the public at a cost sufficient to pay for printing. Where conflicts occur between the provisions of this code or other regulations of the city and the Subdivision Map Act or a subdivision issue is not covered by the city's Code, the Subdivision Map Act shall prevail.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any reference to the "city engineer" in this chapter shall be to the City Engineer of the City of Mission Viejo Public Works Department.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Any reference to the "director" in this chapter shall be to the Director of Community Development of the City of Mission Viejo Community Development Department.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

There is hereby established a subdivision committee, hereinafter referred to as "committee." Membership shall consist with such requirements as specified in the subdivision manual. The director of community development may designate a chairman and vice-chairman of the committee.

(b)

The City of Mission Viejo Subdivision Committee is hereby designated as an advisory agency as that term is used in the Subdivision Map Act, and shall have the authority to review and approve, conditionally approve, or disapprove lot line adjustments. The subdivision committee shall review and make recommendations to the planning commission on petitions for tentative tract maps, tentative parcel maps, and local park dedications, modifications, and park implementation plans.

(c)

The subdivision committee shall review and make recommendations to the city council on petitions for reversions to acreage.

(d)

The subdivision committee shall perform its duties as may be specified by the director or the city council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The City of Mission Viejo Planning Commission is hereby designated as an advisory agency as that term is used in the Subdivision Map Act, and shall have the authority to review and approve, conditionally approve, or disapprove tentative tract maps and tentative parcel maps. In addition, the planning commission is hereby designated as an appeal board as that term is used in the Subdivision Map Act and shall hear appeals from actions of the subdivision committee with respect to lot line adjustments.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The City of Mission Viejo City Council is hereby designated as an appeal board as that term is used in the Subdivision Map Act and shall hear appeals from actions of the planning commission with respect to tentative tract maps, tentative parcel maps, and lot line adjustments.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Fees to cover the costs incurred by the city in processing maps, plans and requests filed pursuant to the provisions of the Subdivision Map Act and this article shall be paid to the City of Mission Viejo in compliance with the latest fee resolution adopted by the city council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)