Irvine Municipal Code Div. 16 Required Real Property

Sec. 1-16-101 - Real Estate Transfer Disclosure for Properties Near All American Asphalt.¶

A. Pursuant to Section 1102.6a of the California Civil Code, this Section requires disclosures in addition to those required by Section 1102.6 of the California Civil Code.

B. Upon the transfer of specified real property by gift, sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, ground lease coupled with improvements, or transfer of residential stock cooperative improved with dwelling units, the transferor shall require that the disclosure statement set forth in this Section 1-16-101, as applicable, be signed by the grantee, purchaser, or lessee.

C. For real property in Planning Areas 1 and 6, and within a two mile radius of the All American Asphalt property located at 10671 Jeffrey Road, Irvine, CA, 92602, the required disclosure shall be printed in a minimum 14 point font, and shall be in the form of and contain the following:

LOCAL OPTION

REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF IRVINE, THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED PROPERTY IN COMPLIANCE ORDINANCE NO. 21-17 OF THE IRVINE MUNICIPAL CODE, CODIFIED AT SECTION 1-16-101 AS OF, 2021. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTION OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

I SELLER'S INFORMATION

The seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any real estate licensee(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.

THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE CITY OF IRVINE, AND ARE NOT THE REPRESENTATIONS OF THE REAL ESTATE LICENSEE(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

ALL AMERICAN ASPHALT OPERATES AN ASPHALT BATCH PLANT ON 10 ACRES OF LAND WITHIN CITY OF IRVINE OPEN SPACE AT 10671 JEFFREY ROAD, NORTHEAST OF JEFFREY PARKWAY. THE BATCH PLANT OPERATES 24 HOURS A DAY, 7 DAYS PER WEEK.
THE PLANT OPERATIONS CAUSE AIR EMISSIONS OF A VARIETY OF INDUSTRIAL POLLUTANTS SUBJECT TO FEDERAL, STATE AND LOCAL REGULATIONS. THE PLANT OPERATES UNDER PERMITS ISSUED BY, AND UNDER THE JURISDICTION AND ENFORCEMENT AUTHORITY OF, THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT ("SCAQMD"), AMONG OTHER STATE AND LOCAL AGENCIES.
RESIDENTS NEAR THE BATCH PLANT HAVE DETECTED ODORS FROM PLANT OPERATIONS AND HAVE MADE MULTIPLE COMPLAINTS CONCERNING THOSE ODORS AND THE ASSOCIATED EMISSIONS TO THE SCAQMD AND THE CITY OF IRVINE. SCAQMD AND THE CITY OF IRVINE HAVE BOTH EXAMINED THE COMPLAINTS, IN THE CONTEXT OF THE ODORS CAUSED AND IN THE CONTEXT OF ALLEGED HEALTH EFFECTS FROM THE PLANT'S EMISSIONS. FURTHER INFORMATION REGARDING THE COMPLAINTS, THE INVESTIGATIONS, AND OTHER INFORMATION CONCERNING THE ALL AMERICAN ASPHALT PLANT OPERATIONS IS AVAILABLE AT WWW.CITYOFIRVINE.ORG/AAA AND/OR UPON REQUEST TO THE COMMUNITY DEVELOPMENT DEPARTMENT.
RESIDENTS WHO DETECT ODORS OR HAVE OTHER CONCERNS ASSOCIATED WITH EMISSIONS FROM PLANT OPERATIONS MAY CONTACT THE SCAQMD AT 800-288-7664 OR MAY SUBMIT A COMPLAINT ONLINE AT HTTP://WWWIAQMD.GOV/HOME/AIR-QUALITY/COMPLAINTS.
IN ADDITION TO ODORS AND EMISSIONS, THERE IS HEAVY TRUCK TRAFFIC ON THE HAUL ROAD (JEFFREY ROAD) TRAVELING TO AND FROM THE BATCH PLANT. THE TRUCKS MAY PICK UP ASPHALT OR DROP OFF MATERIALS AT THE BATCH PLANT AT ALL HOURS OF THE DAY AND NIGHT. RESIDENTS MAY HEAR NOISE FROM THE TRUCK TRAFFIC AS WELL AS FROM OPERATIONS AT THE BATCH PLANT.
THE CITY OF IRVINE HAS ESTABLISHED A RESOURCE WEBPAGE THAT PROVIDES THIS DISCLOSURE IN MULTIPLE OTHER LANGUAGES AT WWW.CITYOFIRVINE.ORG/AAA.

Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller.

Seller ____________________________ Date ____________

BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Buyer _____________________________ Date ____________ Buyer _____________________________ Date ____________

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

D. Forms for the disclosure statement set forth in this Section 1-16101 shall be made available to property owners and real estate agents by the City of Irvine Community Development Department.

(Ord. No. 21-17, § 2, 11-23-21)

Exceptions & meaning →

Sec. 1-16-102 - Real Estate Transfer Disclosure for Properties Within the Boundaries of…¶

A. Pursuant to Section 1102.6a of the California Civil Code, this Section requires disclosures in addition to those required by Section 1102.6 of the California Civil Code.

B. Upon the transfer of specified real property by gift, sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, ground lease coupled with improvements, or transfer of residential stock cooperative improved with dwelling units, the transferor shall require that the disclosure statement set forth in this Section 1-16-102, as applicable, be signed by the grantee, purchaser, or lessee.

C. For real property within the boundaries of Community Facilities District No. 2013-3 (Great Park), the required disclosure shall be printed in a minimum 14 point font, and shall be in the form of and contain the following:

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF IRVINE, THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS __________. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY IN COMPLIANCE WITH IRVINE MUNICIPAL CODE SECTION 1-16-102. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTION OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN.

The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any real estate licensee(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.

THE ABOVE-DESCRIBED PROPERTY IS WITHIN THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2013-3 (GREAT PARK CFD).
THE GREAT PARK CFD ASSESSES SPECIAL TAXES AGAINST YOUR PROPERTY. THE ESTIMATED TAX FOR THE CURRENT TAX YEAR IS $[INSERT ESTIMATED TAX AMOUNT FOR CURRENT FISCAL YEAR].
THE ESTIMATED TAX FOR THE NEXT TAX YEAR IS $[INSERT TAX AMOUNT FOR NEXT FISCAL YEAR].
THE TAX MAY INCREASE ANNUALLY BY AS MUCH AS 3%.
THE TAX WILL BE USED TO FUND THE CONSTRUCTION OF INFRASTRUCTURE SUPPORTING THE PROPERTY WITHIN THE GREAT PARK CFD, INCLUDING THE GREAT PARK.
THE TAX WILL BE USED TO PAY FOR PARK FACILITIES, AS APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVINE, AT THE GREAT PARK.
THE TAX WILL BE USED TO PAY SOME OF THE MAINTENANCE AND OPERATIONAL COSTS OF THE GREAT PARK.
THE LIST OF FACILITIES, PARK FEATURES, AND INFRASTRUCTURE THAT MAY BE CONSTRUCTED WITH OR AS A RESULT OF THE TAX MAY BE AMENDED BY AGREEMENT BETWEEN THE HERITAGE FIELDS EL TORO, LLC AND THE CITY OF IRVINE.
A PORTION OF THE TAX WILL EXPIRE AS LATE AS [INSERT DATE THAT IS 40 YEARS AFTER THE FIRST SERIES OF NON-SUBORDINATE CFD BONDS ARE ISSUED].
[INSERT PERCENTAGE OF CFD TAX THAT WILL CONTINUE IN PERPETUITY]% OF THE TAX, USED TO FUND MAINTENANCE AND OPERATIONAL COSTS OF THE GREAT PARK, WILL CONTINUE IN PERPETUITY.
MORE INFORMATION ABOUT THE GREAT PARK CFD, INCLUDING DOCUMENTS, RESOLUTIONS, ORDINANCE, TEMPLATE DISCLOSURE DOCUMENTS, APPLICABLE STATUTES, AND RELEVANT CONTRACTS, ARE ALL AVAILABLE UPON REQUEST FROM THE CITY CLERK'S OFFICE.
THE CITY OF IRVINE HAS ESTABLISHED A RESOURCE PAGE THAT PROVIDES THIS DISCLOSURE IN MULTIPLE OTHER LANGUAGES, AVAILABLE AT WWW.CITYOFIRVINE.ORG/GREATPARKCFD.

Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller.

Seller __________________________

Date ___________

Seller __________________________

Date ___________

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Buyer ____________________________

Date _____________

Buyer _____________________________

Date ______________

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

D. Forms for the disclosure statement set forth in this Section 1-16-102 shall be made available to property owners and real estate agents by the City of Irvine Community Development Department.

(Ord. No. 21-15, § 2, 11-23-21)

Exceptions & meaning →