Article 4 — OTHER PROCESSES

Notwithstanding any other provision of this chapter, the requirement for the filing of a Tentative Subdivision Map, Final Map, or Parcel Map for the resident purchase of a mobilehome park, may be waived by the Director of Planning and Building according to the requirements of this division.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

An applicant for a conversion to resident ownership pursuant to this division shall submit an application and fee for a Tentative Parcel Map to the Planning Division pursuant to this chapter, together with a written request that the applicable Tentative Subdivision Map, Final Map, or Parcel Map requirement be waived. The application shall contain sufficient information to enable the Director of Planning and Building to make the findings required by this division, or the Director may impose such conditions as deemed necessary to make the findings required by this division. Waiver of the Tentative Subdivision and Final Map, or Parcel Map, does not waive any other discretionary review required by this chapter or Chapter 33, the Zoning Code. Refer to City Council Resolution 96-159, Mobilehome Park Conversion Guidelines for Change of Use Application.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

• A. The Director of Planning and Building shall review the request for a waiver of required maps and may approve the waiver if all of the findings can be made or conditions necessary to make the findings can be imposed. When a waiver is approved, the Tentative Parcel map shall be processed pursuant to Article 2 of this chapter, or in conjunction with any associated discretionary applications.

• B. Where waiver of the Tentative Subdivision and Final Map, or Parcel Map is granted, the Director of Planning and Building shall cause to be filed for record with the County Recorder a Certificate of Compliance or Conditional Certificate of Compliance.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

No waiver shall be issued for any map for a resident purchase of a mobilehome park unless the following findings have been made by the Director of Planning and Building:

• A. The applicant has submitted evidence that requirements for notification of all existing and prospective residents have been met as required by Section 66427.1 of the Map Act;

• B. The required number of residents in the mobilehome park as specified in the bylaws or

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City of Escondido, CA

ESCONDIDO CODE

§ 32.401.04

§ 32.401.04

other organizational documents, have voted in favor of such purchase. If the bylaws or other organizational documents do not specify the number of votes required for such a purchase, a majority vote of the residents shall be required; and

• C. The applicant has demonstrated compliance with Sections 66427.4, 66428(b), and 66428.1 of the Map Act.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

32.402 Adjustment Plats

An Adjustment Plat may be submitted pursuant to the provisions of this division to adjust the boundaries between two or more adjacent parcels. Notwithstanding any other provisions of this chapter to the contrary, the procedure set forth in this division shall govern the processing of and requirements for Adjustment Plats.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

Applications for the review of an Adjustment Plat shall be submitted to the Planning Division on a City application form, together with all fees, plats, certificates, and any other information required by the Director of Planning and Building to determine whether or not the required findings can be made, and that the proposed adjustment is consistent with Escondido zoning and building ordinances.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

• A. Referral. The Director of Planning and Building may refer copies of such plats to other city departments as well as public agencies for review and comment.

• B. Approval. The Director of Planning and Building shall review the application, any comments received from other city departments or public agencies and the provisions of this chapter and then shall approve, conditionally approve or disapprove the plat. The applicant shall be notified in writing of the Director's action.

• C. Certification. If the Director of Planning and Building determines that the Adjustment Plat meets the requirements of this chapter, the Director shall certify on the Adjustment Plat that it has been approved pursuant to this chapter and file said plat in the Planning Division. A revised Adjustment Plat shall be submitted for certification when the Director of Planning and Building finds that the number or nature of the changes necessary for approval are such that they cannot be shown clearly or simply on the original Adjustment Plat.

• D. Recordation. The Adjustment Plat approved and certified by the Director of Planning and Building shall be recorded in the office of the County Recorder in conjunction with grant deeds and certificates of compliance, and the appropriate legal descriptions.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

Approval of an adjustment plat shall be based on the determination that the exchange of property does not:

• A. Create any new lots;

• B. Include any lots or parcels created illegally;

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City of Escondido, CA

ESCONDIDO CODE

§ 32.402.04

§ 32.402.06

• C. Impair any existing access or create a need for new access to any adjacent lots or parcels;

• D. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; nor

• E. Require substantial alteration of any existing improvements or create a need for substantial new improvements.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

Whenever applicable the Director of Planning and Building may prescribe the following requirements as Conditions of Approval of an Adjustment Plat;

• A. Relocation of lot lines to provide lots that meet the requirements of the Health Department, comply with all applicable zoning and General Plan regulations, conform to standards of lot design specified in Division 32.203 of this chapter, and do not result in irregular/ unbuildable lots.

• B. The provisions of safe and adequate access to each lot or parcel within the Adjustment Plat.

• C. The addition of a distinctive boundary line, clearly labeled, which delineates the limits of any area determined by the City Engineer to be subject to flooding or inundation. The plat shall contain an appropriate note stating that the area is subject to flooding or inundation.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

The failure to file a revised Adjustment Plat for certification within six months from the date of conditional approval of the original plat shall result in a termination of all proceedings unless prior to expiration of the period, an application for extension is made and approved by the Director of Planning and Building.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

The merger of two or more contiguous parcels or units of land shall be governed by Article 1.5 of Chapter 3 (beginning with Section 66451.10) of the Map Act. Those contiguous parcels or units of land which do not conform to the requirements of Section 66451.11 of the Map Act shall be deemed merged.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

Subdivided land may be merged and resubdivided in accordance with the provisions of Section 66499.20-1/2 of the Map Act, this chapter and any other applicable ordinances of the City of Escondido.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

Subdivided property may be reverted to acreage pursuant to the provisions of this division and Article 1 of Chapter 6 (beginning with Section 66499.11) of the Map Act.

• A. Submittal Requirements. A petition for Reversion to Acreage shall be submitted to the Planning Division and shall contain, in addition to all of the information required by the Map Act, all of the following:

  1. Evidence of the consent of all the owners of any interest in the property;

  2. Evidence that none of the improvements required to be made have been made within two years from the date the Final or Parcel Map was filed of record, or within the time allowed by agreement for completion of the improvement, whichever is later;

  3. Evidence that no lots shown on the Final or Parcel Map have been sold within five years from the date such Final or Parcel Map was filed of record;

  4. Fee for processing in an amount to be determined by resolution of City Council; and

  5. A Final or Parcel Map which delineates dedications which will not be vacated and dedications which are a condition to reversion.

• B. Review Process. The Director of Planning and Building shall forward a recommendation on the application to the City Council at a noticed public hearing, pursuant to the requirements of the Map Act. The City Council shall make the findings required by Section 66499.16 of the Map Act prior to approving or conditionally approving a Reversion to Acreage.

• C. Conditions of Reversion. When necessary to accomplish any of the purposes of this chapter, the City Council shall require as conditions of the reversion, that:

  1. The owners dedicate or offer to dedicate streets or easements; and

  2. All or a portion of previously paid subdivision or other fees, improvement security

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City of Escondido, CA § 32.403.03

ESCONDIDO CODE

§ 32.403.03

and any other deposits be retained.

• D. Return of Fees, Deposits and Release of Securities. Upon filing of a Final or Parcel Map for a reversion to acreage with the County Recorder, all dedications and offers of dedication not shown on the map shall be of no further force or effect. In addition, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released except those retained pursuant to subsection (C) of this section.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

The Director of Planning and Building may, upon written request, issue certificates of compliance in accordance with the provisions of the Map Act, after determining that the parcel of real property was created in compliance with the provisions of the Map Act and of local ordinances enacted pursuant thereto.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

An application for a Certificate of Compliance shall be submitted to the Planning Division on a City application form together with all grant deeds, chain of title, legal descriptions, title reports, fees, and any other information required by the Director of Planning and Building to determine if the parcel was created in conformance with the state law and local ordinances. (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

• A. Approval. The Director shall make a determination on whether to issue Certificates of Compliance or Conditional Certificates of Compliance, pursuant to Section 66499.35 of the Map Act.

  1. Whenever the Director of Planning and Building has knowledge that real property has been divided in violation of the provisions of the Map Act, of this chapter or of any other City ordinance, the Director of Planning and Building shall mail a notice of intention to record a notice of violation to the current owner of record of the property, in accordance with the provisions of the Map Act.

• B. Recordation. The Certificate of Compliance, or the Conditional Certificate of Compliance, shall be recorded in the office of the County Recorder.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

32.405 Correction and Amendment of Maps

After a Final Map or Parcel Map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map, pursuant to Article 7 of Chapter 3 (beginning with Section 66469) of the Map Act.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

A written request to amend or correct a recorded Final Map or Parcel Map shall be submitted to the Engineering Department. In addition to the submittal requirements of the Map Act, the application shall also include each of the following:

• A. The amending map or certificate of correction prepared and signed by a registered civil engineer or licensed land surveyor;

• B. A copy of the original recorded map with the proposed changes shown and highlighted; and

• C. Any other information or materials as may be required by the City Engineer. (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

The City Engineer, and the City Council if applicable, shall review map corrections or amendments pursuant to the provisions of the Map Act.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

The amending map or certificate of correction approved and certified by the City Engineer, and if applicable, approved by the City Council, shall be recorded in the office of the County Recorder by the applicant, and a copy of the recorded document returned to the City Engineer. (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA