Irvine Municipal Code Ch. 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)

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)

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)

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)

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)