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Mission Viejo City Zoning Code

CHAPTER 9

83.- LOT LINE ADJUSTMENTS

Sec. 9.83.005.- Criteria.

A person or persons owning two or more adjacent parcels who propose to adjust the boundaries of said parcels in a manner so that the land taken from one parcel is added to an adjacent parcel and a greater number of parcels than originally existed is not thereby created may apply for a lot line adjustment.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.83.010. - Application, review and recordation.

(a)

Applications for a lot line adjustment and the review and recordation thereof shall conform with such requirements as to form, contents, and process as may be specified by the city engineer in the subdivision manual.

(b)

Applications for lot line adjustments shall be reviewed and approved by the director or designee, for compliance with the subdivision manual. The director may determine on a case-by-case basis that the public interest would be better served by a public hearing in front of the planning commission. In such case, the lot line adjustment shall be processed per section 9.73.070, Public Hearings, of the Subdivision Code.

(c)

Any person adversely affected by the decision of the city engineer and/or director may appeal said decision to the planning commission by filing an appeal with the director within ten days of the decision. The director shall bring the matter before the planning commission for hearing within 30 days after the date of filing the appeal. The planning commission may affirm or reverse the decision of the city engineer and director.

(d)

Any person adversely affected by the decision of the planning commission may appeal said decision to the city council by filing an appeal with the clerk of the city council within ten days of the decision. The clerk shall set the matter for hearing before the city council within 30 days after the date of filing the appeal. The city council may affirm or reverse the decision of the planning commission.

(e)

After the lot line adjustment proposal is approved for compliance with the subdivision manual, and all the parcels or lots involved are owned by a single individual or entity, the owner shall prepare deeds to convey the newly adjusted parcels or lot to said owner or entity. The legal descriptions shown on these deeds shall agree with the lots or parcels shown on the lot line adjustment proposal. The city engineer shall review the lot line adjustment and deeds, and upon his approval, the applicant shall submit them to the county recorder for recordation. Deeds recorded pursuant to this paragraph shall be exempt from the requirements of Government Code § 27584. (Monument Preservation Fund).

(f)

After the lot line adjustment proposal is approved by the director for compliance with the subdivision manual, and the parcels or lots involved are owned by different individuals or entities, these owners shall prepare deeds to convey the appropriate portions of the adjusted lots or parcels to each other. The city engineer shall review the lot line adjustment and deeds, and upon his approval, the applicant shall submit them to the county recorder for recordation.

(Ord. No. 98-193, §§ 1—4, 10-19-98)