"Lot line adjustment"
means a transfer of land between two or more adjacent lots
or parcels, where the land taken from one lot is attached to an adjacent
lot, and where the number of lots stays the same.
(Prior code § 27-82.01)
A lot line adjustment shall be used to transfer land between
two or more adjacent lots if the city engineer determines:
A. The
adjustment does not substantially change the size or shape of the
lots or parcels involved;
B. The
number of lots or parcels before and after the adjustment are the
same;
C. The
adjustment and resulting parcels do not create or intensify any violation
of the city code.
(Prior code § 27-82.02; Amended
during 1990 codification)
A lot line adjustment shall be initiated by the property owner(s)
by application on a form obtained from and application made to the
engineering services department. The application shall contain the
following:
A. Applicant's
name, address and phone number;
B. Declaration
of ownership;
C. Recent
lot book report or title report;
D. Legal
description of property as it exists, and how it will exist upon adjustment;
E. Map
of property with the location of all buildings and structures shown;
F. Property
owner's list:
1. Prepare and submit a complete list of names and mailing addresses
of all property owners adjoining the subject property or property
contiguous to and in the same ownership as the subject property. This
list must be prepared from the latest available assessment rolls of
the Orange County assessor. The property owners must also be identified
by the assessor's parcel number of the parcel they own, and also the
sequential number(s) which conforms to the number of the parcel(s)
they own, as shown on the "Ownership Map,"
2. The property owner list shall be written legibly in ink or typewritten
on stock no larger than eight and one-half by fourteen,
3. The property owner list shall be certified to be true, correct and
complete, and the certificant's signature shall be notarized. Such
certification from a title insurance company or person who prepared
the list is appropriate;
G. Two
sets of addressed gummed labels; type sequential number(s), assessor's
parcel number, name and address of property owners as they appear
on the property ownership list of gummed labels;
H. One
copy of an "Ownership Map," showing all property adjoining the subject
property or property contiguous to and in the same ownership as the
subject property;
I. Other
information required to determine compliance with city codes.
(Prior code § 27-82.03)
The city engineer shall cause notification to be mailed to the
owners, as shown on the last adopted tax roll of Orange County, of
property adjoining the subject property or any contiguous property
in the same ownership as the subject property, at least ten days prior
to tendering a decision on the lot line adjustment. Such notice shall
contain the location of the properties, the general nature of the
proposal, the address where the information may be obtained and written
comments may be sent, and the final date to receive comments for consideration.
(Prior code § 27-82.04)
The city engineer shall approve, conditionally approve, or disapprove
the application for a lot line adjustment, and his or her determination
shall be final unless appealed to the city council. His or her action
shall be in writing and sent by mail to the applicant(s) within fifty
days of filing.
(Prior code § 27-82.05)
Lot line adjustments shall be subject to requirements, conditions
and restrictions as authorized by Section 66412(d) of the Map Act.
(Prior code § 27-82.06; Amended
during 1990 codification)
Upon approval of the lot line adjustment, the city engineer
shall prepare all necessary documentation and shall cause such documentation
to be recorded in the office of the county recorder.
(Prior code § 27-82.07; Amended
during 1990 codification)
The applicant, any interested person, member of the planning
commission or member of the city council may appeal to the city council
the decision of the city engineer. All appeals shall be submitted
and acted upon in the manner prescribed for appeals of actions as
specified in Section 664523(a) of the California
Government Code.
(Prior code § 27-82.08)