§ 12.26

When requested by the subdivider or by a governmental agency, waivers from the requirement for recording a parcel map and exceptions to the tentative map process may be approved by the Subdivision Committee in compliance with the provisions of this chapter. When any such waiver request is approved, a certificate of compliance may be recorded in lieu of a parcel map. The requirement for recording a parcel map shall not be waived when the County Surveyor finds that a survey and/or monumentation is necessary.

(OCC § 7-9-338)

Only the following types of subdivisions are eligible to receive a waiver from the requirement for recording a parcel map:

(1)

Subdivisions containing four or less parcels each of which is a minimum of five acres in area and is proposed for further subdivision.

(2)

Subdivisions wherein each parcel will have a gross area of 20 acres or more and a right of vehicular access for a continuous width of not less than 40 feet to a maintained public street or highway having a right-ofway width of not less than 40 feet;

(3)

Subdivisions wherein each parcel will have a gross area of not less than 40 acres.

(OCC § 7-9-339)

A waiver from this requirement for recording a parcel map may be approved in compliance with the following procedure:

(1)

A tentative map, accurately describing the existing legally created parcel and each proposed parcel, shall be submitted. Such tentative map shall be processed in compliance with the tentative map procedure except that it need not be prepared by a licensed land surveyor or civil engineer and need include only such information that the Director and the Subdivision Committee find to be necessary in order to make the required determinations.

(2)

A waiver request shall accompany the tentative map. The exception to the tentative map requirements specified in subsection (a) is permitted only when a tentative map proposes one of the subdivisions specified by Section 12.26.020 and when such map is accompanied by a waiver request.

(3)

Prior to any action by the Subdivision Committee to approve a waiver, the Director shall examine the map and shall identify each proposed parcel as a building site or a nonbuilding site.

(4)

Prior to any action to approve a waiver, the Subdivision Committee shall find that the subdivision:

a.

Will comply with City requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection;

b.

Will satisfy any other requirements pertaining to the subdivision of land as specified in the Subdivision Map Act, this chapter and any other applicable City ordinance; and

c.

Will not create any unnecessary conditions or situations that will be incompatible with existing and possible future uses of adjacent properties.

(OCC § 7-9-340)

The approval of a waiver of the requirement to record a parcel map does not create a subdivision or satisfy the requirements applicable to the division of a parcel of land. Any parcels shown on a tentative map for which a parcel map has been waived shall not be considered to be legally established until a certificate of compliance for such parcels has bean recorded in the office of the County Recorder.

(OCC § 7-9-341)

A waiver of the requirement to record a parcel map is valid only for such time as the subject tentative map is valid, and a waiver approval shall expire concurrently with the expiration of the tentative map approval. After a waiver has been approved and within the period of validity of a tentative map, and when the Director has determined that all conditions and requirements of the tentative map have been satisfied, he shall cause a certificate of compliance to be recorded in compliance with the provisions of this chapter. In the event any required conditions have not been satisfied, a conditional certificate of compliance may be

recorded within the specified time period. Such conditional certificate of compliance shall contain a notice of the conditions that are required to be satisfied prior to the recordation of a certificate of compliance.

(OCC § 7-9-342)

Subdivided real property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act, Sections 12.26.070 through 12.26.100 and the Subdivision Manual.

(OCC § 7-9-344)

Petitions shall conform with such requirements as to form and content as may be specified in the Subdivision Manual and shall include a final tract map. If the land to be reverted consists of four or less contiguous parcels under the same ownership, a parcel map may be submitted in lieu of the tract map. No reversion shall be complete until such map has been recorded with the County Recorder.

(OCC § 7-9-345)

Petitions for reversion to acreage shall be reviewed by the Subdivision Committee. They shall make recommendations thereon to the Director within 30 days of the date the petition was filed with the Director. Thereafter, the Director shall transmit the petition and the Subdivision Committee's recommendations through the Planning Commission to the City Manager or designee, who shall set the matter for public hearing before the City Council. The City Manager or designee shall publish a notice of the time and place of said hearing in accordance with the provisions of the Subdivision Map Act and give written notice of the hearing of the petitioners.

(OCC § 7-9-346)

(a)

At the conclusion of the public hearing, the City Council may make such findings, including those set forth in the Subdivision Map Act, as the City Council deems appropriate. If the Council intends to approve the reversion to acreage, it shall impose the conditions required by the Subdivision Map Act.

(b)

If the proposed final or parcel map has been approved by the County Surveyor, the City Council may approve the reversion and authorize transmitting the map to the County Recorder for recordation. The City Council may disapprove the proposed reversion or may continue the matter until the final tract map or parcel map has been approved by the County Surveyor. Thereafter the City Council may approve the reversion and authorize transmitting the map to the County Recorder for recordation. The County Surveyor

shall then transmit the approved final tract or parcel map to the County Recorder for recordation, unless the surveyor/engineer/subdivider requests an alternate time schedule for recordation.

(OCC § 7-9-347)

Certificates of compliance shall be approved by the Director.

(OCC § 7-9-351)

Requests for a certificate of compliance shall be processed and reviewed in compliance with the provisions and procedures set forth in the Subdivision Manual. No certificate of compliance or conditional certificate of compliance shall be valid until it has been recorded in the office of the Orange County Recorder.

(OCC § 7-9-352)

(a)

Person(s) 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.

(b)

The application for lot line adjustment shall be prepared by a person authorized to practice land surveying pursuant to the Professional Land Surveyors' Act.

(OCC § 7-9-355)

(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 Director in Subarticle 16 of the Subdivision Manual.

(b)

Applications for lot line adjustments shall be reviewed by the Director or designee, for compliance with the Subdivision Manual. The Director may place conditions on the lot line adjustment at this time if deemed necessary.

(c)

After the lot line adjustment proposal is approved by the Director 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 convert 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 County Surveyor shall review the lot line adjustment and deeds and upon his approval, 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).

(d)

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 County Surveyor shall review the lot line adjustment and deeds, and upon his approval, submit them to the County Recorder for recordation.

(OCC § 7-9-356)

Whenever the Director has information indicating that real property has been divided in violation of the Subdivision Map Act or the Subdivision Code, he shall file for record with the County Recorder a tentative notice of violation describing the real property in detail, naming the owners thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence on the issue whether the property has been divided in violation of the Subdivision Map Act or the Subdivision Code.

(OCC § 7-9-358)

Upon recordation of a tentative notice of violation, the Director shall bring the matter before the Subdivision Committee, which shall schedule a meeting at which evidence as to why a final notice of violation should not be recorded may be presented. The owner of the land in question shall be given at least 30 days' written notice of said meeting, unless the owner requests an earlier determination.

(OCC § 7-9-359)

(a)

If the Subdivision Committee determines that there has been no violation, the Director shall file for record a release of the tentative notice of violation with the County Recorder.

(b)

If the Subdivision Committee determines that there has been a violation, or if whether 60 days of receipt of such copy, the owner of such real property fails to inform the Director of his objection to recording the notice of violation, the Director shall file a final notice of violation with the County Recorder.

(OCC § 7-9-360)

A notice of violation may be released by a certificate of compliance.

(OCC § 7-9-361)