Chapter 19.28 — 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 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 final parcel map shall not be waived when the city engineer finds that a survey and/or monumentation is necessary. (Ord. 780 § 2, 1996)

• A. 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 twenty acres or more and a right of vehicular access for a continuous width of not less than forty feet to a maintained public street or highway having a right-of-way width of not less than forty feet;

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

  4. Subdivisions in mobilehome parks pursuant to subsection B of this section.

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

  1. There are significant design or improvement requirements necessitated by health or safety concerns.

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

  3. The existing lot or lots were not created by a recorded parcel or final map.

  4. The conversion would result in the creation of additional parcels.

• C. The text of the petition to be signed by the tenants pursuant to subsection B of this section shall follow the form as set forth in Section 66428.1(b) of the Government Code.

• D. If pursuant to Government Code Section 66428.1 , 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.

• (Ord. 780 § 2, 1996)

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 parcel and each proposed parcel 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 subdivision committee find to be necessary in order 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 is permitted only when a tentative parcel map proposes one of the subdivisions specified by Section 19.28.020 and when such map is accompanied by a waiver request.

• C. Prior to any action by the subdivision committee to approve a waiver, the city engineer shall examine the map and shall identify each proposed parcel as a building site or a nonbuilding site.

• D. Prior to any action to approve a waiver, the subdivision committee 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 code, 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. 780 § 2, 1996)

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 been filed in the office of the county clerk/county recorder of the county of Orange. (Ord. 780 § 2, 1996)

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, the director shall cause a certificate of compliance to be recorded in compliance with the provisions of Chapter 19.32 of this code. 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. (Ord. 780 § 2, 1996)