Chapter 16.28 — WAIVERS AND EXCEPTIONS

When requested by the subdivider or by a governmental agency, waivers from the requirement for recording a final parcel map and exceptions to the tentative parcel map process may be approved by the Planning Commission 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 final parcel map shall not be waived when the City Engineer finds that a survey and/or monumentation is necessary. (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

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

  1. Subdivisions containing four or fewer 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-of-way width of not less than 40 feet;

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

  4. Subdivisions in accordance with Government Code Section 66428.1 wherein at least two-thirds of the owners of mobile homes who are tenants in the mobile home park sign a petition indicating their intent to purchase the mobile home park for purposes of converting it to tenant-owned, condominium ownership interest and further, a field survey is performed, the requirement for a parcel map as a tentative and final map specified by Government Code Section 66426 shall be waived unless any of the following exist:

     • a. There are significant design or improvement requirements necessitated by health or safety concerns,

     • b. Subsequent to recordation of the existing final parcel or final tract map, there is an exterior boundary discrepancy that requires recordation of a new parcel or tentative and final map,

     • c. The existing lot or lots were not created by a recorded parcel or final tract map,

     • d. The conversion would result in the creation of additional parcels, or

     • e. The text of the petition to be signed by the tenants shall follow the form as identified in Government Code Section 66428(c).

• B. If pursuant to Government Code Section 66428, the City imposes requirements on the applicant to mitigate health or safety conditions, no improvement bonds or other security device, except an unsecured improvement agreement, may be required.

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.28.020

§ 16.28.050

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

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

• A. A tentative parcel map, accurately describing the existing legally created lot and each proposed lot shall be submitted. Such tentative parcel map shall be processed in compliance with the tentative parcel 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 City Engineer and the Planning Commission find to be necessary to make the required determinations.

• B. A waiver request shall accompany the tentative parcel map. The exception to the tentative parcel map requirements specified in subsection A of this section is permitted only when a tentative parcel map proposes one of the subdivisions specified by Section 16.28.020 (Types of Subdivisions Eligible) and when such map is accompanied by a waiver request.

• C. Prior to any action by the Planning Commission to approve a waiver, the City Engineer shall examine the map and shall identify each proposed lot as a building site or a nonbuilding site.

• D. Prior to any action to approve a waiver, the Planning Commission shall find that the subdivision:

  1. 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;

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

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

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

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 lot of land. Any lots 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 the lots has been filed in the office of the County Recorder of the County of Orange.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

A waiver of the requirement to record a parcel map is valid only for the 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

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City of Los Alamitos, CA § 16.28.050

LOS ALAMITOS CODE

§ 16.28.050

of the tentative map have been satisfied, the Director shall cause a certificate of compliance to be recorded in compliance with the provisions of Chapter 16.32 (Certificate of Compliance). In the event any required conditions have not been satisfied, a conditional certificate of compliance may be recorded within the specified time period. The 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.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.30.010

§ 16.30.010

CHAPTER 16.30 REVERSIONS TO ACREAGE