Chapter 13 — SUPPLEMENTAL IMPROVEMENTS; REIMBURSEMENT AGREEMENTS

Sec. 5-5-1301. - Supplemental improvements—Required.

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number, or length for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision map; and thereafter to dedicate such improvements to the public. Supplemental length may include minimum sized off-site sewer lines necessary to reach a sewer line in existence at that time. In the event the subdivider is required to install such improvements, the City shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the costs of such improvements, including an amount attributable to interest, in excess of the construction required for the subdivision.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1302. - Same—Reimbursement agreement, funding procedures.

A.

No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 5-5-109 of this division is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

B.

In addition to the notice required above, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least 10 days prior to the date established for hearing.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1303. - Same—Drainage, sewerage, bridges and major thoroughfares.

If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this division, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in this division. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares; and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein.

(Ord. No. 09-03, § 5, 4-28-09)

CHAPTER 14. - LOT LINE ADJUSTMENTS

Sec. 5-5-1401. - Applicability.

This chapter shall govern applications by persons owning two or more adjacent parcels who propose to adjust the boundaries between said parcels in a manner so that any land taken from one parcel will be added to an adjacent parcel. No tentative or final map will be required for such lot line adjustments provided all of the following criteria are satisfied:

1.

Four or fewer parcels are involved.

2.

No greater number of parcels will result from the lot line adjustment.

3.

The design and configuration of the parcels created by the lot line adjustment are in substantial conformance with the design and configuration of the existing legally established parcels; may apply for a lot line adjustment.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1402. - Requirements.

A.

Applications for a lot line adjustment and the review thereof shall conform with such requirements as to form, content and process as specified in the Subdivision Manual.

B.

Applications for lot line adjustments shall be prepared by a registered civil engineer or licensed land surveyor.

C.

Existing property lines can be based on a survey of record. The adjusted lot line(s) shall be monumented.

D.

Applications for lot line adjustments shall be reviewed by the City Engineer, who shall approve or disapprove the proposed lot line adjustment. In accordance with the provisions of Government Code § 66412(d) or any successor statute, conditions may not be imposed on the approval of a lot line adjustment except to the extent necessary to:

(i)

Make the resulting lots conform to the applicable general or specific plan, any applicable coastal plan, and the existing zoning and building ordinances;

(ii)

Require prepayment of real property taxes prior to the approval of the lot line adjustment; or

(iii)

Facilitate the relocation of existing utilities, infrastructure, or easements.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1403. - Recordation.

No approved lot line adjustment shall be final until a deed reflecting the lot line adjustment has been recorded with the office of the County Recorder in accordance with the provisions of Section 66412(d) of the Government Code or any successor statute.

(Ord. No. 09-03, § 5, 4-28-09)

CHAPTER 15. - REVERSIONS TO ACREAGE

Sec. 5-5-1501. - Applicability.

Subdivided real property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act (Government Code § 66410 et seq.), this chapter and the Subdivision Manual.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1502. - Content and form.

Petitions for reversions to acreage shall conform with such requirements as to form and content as are specified in the Subdivision Manual. If the land to be reverted consists of four or less contiguous parcels under the same ownership, a parcel map may be filed for the purpose of reverting the land to acreage. The fee for processing reversions shall be as established by resolution of the City Council, which may be amended from time-to-time.

(Ord. No. 09-03, § 5, 4-28-09)

Petitions for reversions to acreage shall document the following:

A.

Evidence of title to the real property; and

B.

Either:

1.

Evidence of the consent of all of the owners of an interest(s) in the property; or

2.

Evidence that none of the improvements required to be made have been made within two years from the date the final tract or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

3.

Evidence that no lots shown on the final tract or parcel map have been sold within five years from the date such final map was filed for record; and

C.

Evidence of nonuse of or lack or necessity of streets or easements proposed to be vacated or abandoned.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1504. - Approval process.

A.

If the petition proposes a parcel map for the reversion, the reversion to acreage shall be forwarded to the Subdivision Committee for review and recommendation to the City Council.

B.

If the petition involves a final tract map, the reversion to acreage shall be forwarded to the Subdivision Committee and Planning Commission for review and recommendation to the City Council.

C.

A public hearing shall be held before the City Council on reversions to acreage. Notice of the public hearing shall be given as provided in Section 5-5-109 of this division.

(Ord. No. 09-03, § 5, 4-28-09)

CHAPTER 16. - MERGERS

The purpose of this chapter is to establish the procedures and standards for the merger of contiguous parcels of land that were created under the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) or any prior State law regulating the division of land.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1602. - Mergers, general.

Pursuant to the provisions of the Subdivision Map Act (Government Code § 66410 et seq.), two contiguous parcels under common ownership may be merged without reverting to acreage upon application by the owner of record. An appropriate instrument approved by the City Engineer shall be recorded to evidence the merger, provided the City Engineer determines that there are no dedications or offers of dedication

required to be abandoned as a result of the merger, that no additional dedications will be required as a result of the merger, that there are no fees, deposits or improvement security that would be required to be returned as a result of the merger, and that the merger is otherwise consistent with the purposes of this division, the Zoning Ordinance and the general plan.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1603. - Mergers initiated by city.

A.

Criteria. Pursuant to the Subdivision Map Act (Government Code § 66410 et seq.) and the requirements of this chapter, the City may initiate the merger of two or more contiguous parcels or units of land held by the same owner if any one of the contiguous parcels or units does not conform to the standards for minimum parcel or lot size established by the applicable provisions of the Zoning Ordinance, and if all the following requirements are satisfied:

(1)

At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

(2)

With respect to any affected parcel, one or more of the following conditions exists:

(a)

The parcel comprises less than 5,000 square feet in area at the time of the determination of merger.

(b)

The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

(c)

The parcel does not meet current standards for sewage disposal and domestic water supply.

(d)

The parcel does not meet slope stability standards.

(e)

The parcel has no legal access that is adequate for vehicular and safety equipment access and maneuverability.

(f)

Development would create health or safety hazards.

(g)

The parcel is inconsistent with the general plan, any applicable specific plan, or the Zoning Ordinance other than minimum lot size or density standards.

B.

Notice of intention to determine status. The City Engineer shall mail, by certified mail, a notice of intention to determine status to the current record owner of the property. The notice shall state that the affected parcels may be merged, and the owner may request a hearing on the determination of status before the City Engineer to present evidence that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record at the Office of County Recorder on the same day that the notice is mailed to the property owner.

C.

Hearing on determination of status. The owner of the affected property may file a written request for a hearing with the Subdivision Committee within 30 days after the recording of the notice of intention to determine status. Upon receipt of the request, the Clerk of the Subdivision Committee shall set a time, date and place for a hearing and notify the owner by certified mail. The hearing shall be conducted not more than 60 days following the receipt of the owner's request, but may be postponed or continued past 60 days by mutual consent of the City and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements of this chapter.

D.

Determination of merger. At the conclusion of the hearing, the Subdivision Committee shall determine whether the affected parcels shall be merged or not and shall notify the owner of the determination in writing.

(1)

If the Subdivision Committee makes a determination that the parcels are to be merged, the City Engineer shall record a determination of merger within 30 days of the Committee's determination unless the owner files an appeal.

(2)

If, within the 30-day period following the recording of the notice of intention to determine status, the owner did not file a request for hearing, the Director of Community Development and City Engineer shall make a determination that the affected parcels are to be merged or are not to be merged. If the Director of

Community Development and City Engineer determine that the parcels shall be merged, the City Engineer shall record a determination of merger within 90 days following the mailing of the notice of intention to determine status if no hearing.

(3)

The determination of merger shall specify the name of the record owners and a description of the property.

(4)

If the City determines that the parcels shall not be merged, the City Engineer shall record a release of the notice of intention to determine status and shall mail a clearance letter to the owner of record.

(Ord. No. 09-03, § 5, 4-28-09)

A.

Request for determination. Upon written application by the owner to the City Engineer, and payment of required fees, the Director of Community Development and City Engineer shall determine whether the affected parcels shall be merged and shall notify the owner of the determination. If the Director of Community Development and City Engineer determine that the parcels shall not be merged, the owner may file a written request for an appeal in accordance with the provisions of Section 5-5-110 of this division. If the City Council, on appeal, determines that the parcels shall be merged, a determination of merger shall be recorded.

B.

Waiver of right to hearing. If the merger of contiguous parcels or units is initiated by the record owner(s), the owner(s) may waive the right to a hearing before the City Engineer and to all notices required by this chapter. Upon receipt of the waiver, the City Engineer shall record a notice of intention to determine status, a waiver of right of hearing and notice, and a notice of merger simultaneously.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1605. - Compliance with minimum requirements.

The lot to be created by the merger shall conform to the minimum requirements set forth in the City's zoning provisions.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1606. - Unmerged parcels.

A property owner may apply to the City for a determination that any parcels or units of land for which a notice of merger had not been recorded on or before January 1, 1984, are deemed not to have been merged under Section 66451.30 of the Government Code or any successor statute. If the Director of Community Development or designee determines that the parcels meet the standards specified in said Section 66451.30, the City shall issue the owner, and record with the County Recorder, a notice of the status of the parcels and a declaration that the parcels are not merged.

(Ord. No. 09-03, § 5, 4-28-09)

CHAPTER 17. - ENFORCEMENT[[6]]

Footnotes:

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Cross reference— Administrative services, tit. 2.

Sec. 5-5-1701. - General.

The provisions of this division shall be enforced in accordance with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and the Subdivision Manual, as applicable.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1702. - Certificate of compliance.

A.

Applicability. Any owner of real property may request a determination by the City as to whether such real property complies with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) and the City of Irvine Subdivision Ordinance.

B.

Procedure. Requests for a certificate of compliance shall be processed and reviewed in compliance with the provisions and procedures set forth in the Subdivision Manual.

C.

Approval. City Engineer.

D.

Recordation. Certificates of compliance shall be filed for record with the office of the County Recorder. The certificate of compliance shall identify the real property and shall state that it complies with applicable provisions of the Subdivision Map Act (Government Code § 66410 et seq.), the City's Subdivision Ordinance, and other local ordinances.

(Ord. No. 09-03, § 5, 4-28-09)

Sec. 5-5-1703. - Conditional certificates of compliance.

A.

Applicability. If the City Engineer determines that real property does not comply with the provisions of the Subdivision Map Act (Government Code § 66410 et seq.) or the City's Subdivision Ordinance, an owner of real property may request a conditional certificate of compliance.

B.

Procedure. Request for a conditional certificate of compliance shall be processed and reviewed in compliance with the provisions and procedures set forth in the Subdivision Manual.

C.

Approval: Subdivision Committee. The Subdivision Committee may impose conditions to the conditional certificate of compliance, subject to the provisions of the Subdivision Map Act (Government Code § 66410 et seq.).

D.

Recordation. Conditional certificates of compliance shall be filed for record with the Office of the County Recorder. Such certificate shall serve as notice to the applicant who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

(Ord. No. 09-03, § 5, 4-28-09)