§ 19.04

This Title is adopted to supplement and implement the Subdivision Map Act and may be cited as the "San Marcos Subdivision Ordinance."

Words in this Title that are defined in the Subdivision Map Act, but not specifically defined in this chapter shall have the same meaning as is given to them in the Subdivision Map Act. Words in this Title that are defined in Title 20 of this Code, but are not specifically defined in this Section shall have the same meaning as established by Title 20. Whenever the following words are used in this Title, they shall have the meaning ascribed to them in this Section:

Adjustment Plat means a plat prepared pursuant to Chapter 19.36 of this Title and certified by the City Engineer as having been approved pursuant to this Title and filed in the office of the City Engineer.

Basis of Bearings means the source of uniform orientation of all measured bearings shown on the map. Unless otherwise approved by the City Engineer, this source will be the California Coordinate System, Zone 6, North American Datum of 1983 (NAD 83).

Bicycle means a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement.

Bicycle Route means the generic term for all facilities that explicitly provide for bicycle travel by a course which is to be traveled.

California Coordinate System means the coordinate system as defined in Sections 8801 and 8819, inclusive, of the California Public Resource Code. The specified zone for San Diego County is "Zone 6" and the official datum is the "North American Datum of 1983".

Cable Televisions Lines means electronic cable, conduit and any other appurtenances thereto which distribute television or other electronic communication signals.

Certificate of Compliance means a document describing a unit or contiguous units of real property and stating that the division creating the unit or contiguous units complied with applicable provisions of the Subdivision Map Act and City ordinances enacted pursuant thereto.

City Engineer means the person designated by the City Manager to perform the functions of a City engineer.

City Standards means those standards and specifications, including standard drawings, as may be adopted from time to time by the City Engineer. The standards shall be on file in the office of the City Clerk and in the Engineering Department.

City Street System means the streets owned by the City which have been accepted by the City for purpose of maintenance.

Common Interest Development means any of the developments defined in Section 1351 of the State Civil Code.

Conditional Certificate of Compliance means a document describing a unit or contiguous units of real property stating that the unit or contiguous units were not created by a division complying with the Subdivision Map Act or applicable City ordinance and stating the fulfillment and implementation of the conditions set forth therein are required before issuance of building, grading or other construction permits applicable thereto.

nce means a document describing a unit or contiguous units of real property stating that the unit or contiguous units were not created by a division complying with the Subdivision Map Act or applicable City ordinance and stating the fulfillment and implementation of the conditions set forth therein are required before issuance of building, grading or other construction permits applicable thereto.

Final Map means a map prepared pursuant to Chapter 19.20 of this Title and the Subdivision Map Act which, after approval and recordation, is effective to complete the subdivision of a major subdivision.

Improvement means:

(a)

Such street work, utilities, and appurtenances to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways, bicycle routes, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage, flood control, fire protection and sanitation needs as a condition precedent to the approval of a parcel map or final map.

(b)

Any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the City or by a combination thereof, is necessary to ensure conformity to or implementation of the General Plan, any

applicable specific plan, any applicable redevelopment plan, and any applicable provision of Title 20 of the Code, including, but not limited to, public facilities and services plan prepared according to Title 20.

Lot Area for the purposes of subdivision design means the horizontal area within the boundary lines of a lot exclusive of:

(a)

The area of any street right-of-way or road easement;

(b)

Any flood control easement of walkway which must be fenced as a condition of approval of the subdivision map on which the lot is shown;

(c)

Any portion of the lot which is less than 35 feet wide for a distance of 50 feet or more and which is designated or used to provide vehicular or pedestrian access to the part of such lot which is designed for use as a building site; and

(d)

Any portion of the lot which is encumbered by a utility easement for the placement of high voltage electrical lines.

Major Subdivision means a subdivision of five or more lots.

Minor Subdivision means a subdivision of four or fewer lots.

Notice of Violation means a recorded document describing a unit or contiguous units of real property, naming the owners thereof, and describing the manner in which the real property has been divided, or has resulted from a division, in violation of the Subdivision Map Act and City ordinances enacted pursuant thereto.

Parcel Map means a map prepared pursuant to Chapter 19.32 of this Title and the Subdivision Map Act which, after approval and recordation, is effective to effect the subdivision of a minor subdivision.

Street means the entire public right-of-way associated with a State highway, county or City road or street, public road, public street, public alley or other public thoroughfare. Whenever the term "private street" is used, it shall mean a street which is not owned and maintained by the City, County or State. A City street is a street which has been accepted into the City street system and is owned and maintained by the City.

Subdivider means a person, firm, corporation, partnership or association who prepares to divide, divides, or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not "Subdividers".

Subdivision means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll(s) as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of

agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets or utility easement or railroad rights-of-way. "Subdivision" includes a common interest development as defined in Civil Code Section 1351 and condominium projects, community apartment projects, stock cooperative projects of the conversion of existing dwellings to any one of these type projects. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this Section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

Subdivision Map Act means the Subdivision Map Act as set forth in Division 2 of Title 7 of the Government Code of the State commencing with Section 66410.

Tentative Map means a map prepared for the purpose of showing the design and improvement of a proposed major subdivision, and the existing conditions in and around it, filed with the Developmental Services Department for approval or conditional approval by the City precedent to the preparation and filing of a final map.

Tentative Parcel Map means a map prepared for the purpose of showing the design and improvement and proposed minor subdivision, and the existing conditions in and around it, filed with the City Engineer for approval or conditional approval precedent to the preparation and filing of a parcel map, or precedent to waiver of the requirement for a parcel map.

Vesting Tentative Map means a tentative map for a subdivision which conforms with the requirements of Chapter 19.17 and confers upon the subdivider certain rights established by this Title. "Vesting tentative parcel map" means a vesting tentative map prepared in conjunction with a parcel map.

No person shall create a subdivision or common interest development except in accordance with the provisions of the Subdivision Map Act and this Title. All subdivisions and common interest developments shall comply with the applicable provision of Titles 16, 17, 18 and 20 of this Code.

(a)

All of the provisions of the Subdivision Map Act, and all of the provisions of this Title apply to subdivisions as defined in the Title, unless a provision of this Title expressly provides differently.

(b)

This Title shall be inapplicable to:

(1)

The financing or leasing of:

a.

Apartments, offices, stores or similar space within a duplex, multiple dwelling, apartment building, industrial building, commercial building, mobilehome park or trailer park.

b.

Any parcel of land or portion thereof in conjunction with the construction of commercial or industrial buildings on a single parcel, if the project is subject to design and improvement view under other provisions of Title 20 of this Code.

c.

Existing separate commercial or industrial buildings on a single parcel.

(2)

Mineral, oil or gas leases.

(3)

Land dedicated for cemetery purposes under the Health and Safety Code of the State.

(4)

A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided an adjustment plat for the lot line adjustment is approved by the City Engineer, pursuant to Chapter 19.36 of this Title. The City Engineer shall not impose conditions or exactions on approval of a lot line adjustment except to conform to the building and zoning requirements contained in Titles 17 and 20, respectively, of this Code, or except to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, tentative parcel map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded.

(5)

Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

(6)

Leases of agricultural land for purposes of cultivation of food or fiber or the grazing or pasturing of livestock.

(7)

Any separate assessment under California Revenue and Taxation Code Section 2188.7.

(8)

Unless a parcel map or final map was approved by the City Council, the conversion of a community apartment project, as defined in Section 11004 of the California Business and Professions Code, to a condominium, as defined in Section 783 of the California Civil Code or a stock cooperative to a condominium provided that the requirements of Government Code Sections 66412(g) or (h), respectively, have been met and the subdivider provides certification that the requirements have been met.

(9)

The leasing of, or granting of an easement to, a parcel of land or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of wind-powered electrical generating device on the land, if the project is not otherwise subject to discretionary review pursuant to this Code.

(10)

The construction, financing or leasing of dwelling units, pursuant to California Government Code Section 65852.1 or second units pursuant to Section 65852.2 of said Code. The sale or transfer of those units, except in conjunction with a sale or transfer of the entire parcel to the same person, but not the leasing of those units, shall be subject to this Title.

(11)

The leasing of property within the parking area of a larger project for the purpose of constructing a removable commercial building having a floor area of less than 100 square feet.

(a)

No real property, improved or unimproved, consisting of a single unit, or two or more contiguous units, owned by the same person or persons, shall be divided into two or more lots, including any lot retained by the owner, except in accordance with the provisions of this Title.

(b)

No parcel map may be subdivided if it was illegally created unless, as part of the division, the illegality is eliminated. If such elimination is not possible, a notice of violation with respect to the parcel shall be recorded. In no event shall a subdivision be permitted unless the entire legal parcel is subdivided when the owner of any portion of the illegal parcel is the person who owned the property at the same time of the illegal subdivision.

(a)

This Title shall not apply to the sale, lease or financing of one or more contiguous parcels or units of land which have been created under the provisions of applicable City ordinances regulating the division of real property and the Subdivision Map Act applicable at the time of their creation, even though the contiguous parcels or units are held by the same owner; except that if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development

under Title 20 of this Code and the standards established by Subsection (c) of this Section, then those parcels or units shall be merged.

(b)

Any parcels or units created prior to January 1, 1979, pursuant to this Title or any predecessor, or which are buildable lots under the provisions of Title 20 of this Code, and which merged pursuant to the Subdivision Map Act and have not been deemed merged pursuant to this Section or any of its predecessors, are exempted from the merger provisions of this Section and those parcels or units shall be deemed unmerged and separate parcels, except that any parcels which merged under the provisions of this Title after January 1, 1989 shall remain merged if the provisions of Subsection (c)(2)f. of this Section are met. Further, any parcels or units which do not conform to the standards established by Subsection (c) of this Section shall be merged.

(c)

Contiguous parcels or units of land held by the same owner, on the date that notice of intention to determine status is filed, shall be merged if one of the parcels or units does not conform to the minimum parcel size to permit use or development under Title 20 of this Code and, if all of 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 exist:

a.

Comprises less than 5,000 square feet in area at the time of determination of merger.

b.

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

c.

Does not meet current standards for sewage disposal and domestic water supply.

d.

Does not meet slope stability standards.

e.

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

f.

Its development would create health or safety hazards.

g.

Is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.

(3)

Subsection (c)(2) of this Section shall not apply if any of the conditions stated in Subdivision Map Act Sections 66451.11(b)(A)(B)(C)(D) or (E) exist as to the property.

(d)

Whenever the City Engineer has knowledge that real property has merged pursuant to this Section, he shall mail by certified mail to the owner of the property as shown on the latest equalized county assessment roll(s), a notice of intention to determine status. The notice of intention shall state: that the affected parcels may be merged pursuant to this Section; that the owner may request, within 30 days from the date of the notice of intention was recorded, a hearing before the City Engineer to present evidence that the property does not meet the standards for merger; that the notice of intention was recorded with the County Recorder on the date the notice of intention was mailed; and that any request for a hearing shall be submitted in writing to the City Engineer and shall contain the name of the owner(s) requesting a hearing and the address(es) where all notices may be mailed to such owner(s). Upon receipt of a request for a hearing, the City Engineer shall set the hearing for a date of receipt of the request. The property owner shall be notified of the hearing by certified mail at the address(es) shown on the written request for the hearing. After the hearing the City Manager shall determine whether the affected property has merged pursuant to this Section. The decision shall be made and notification of the decision shall be mailed to the property owner within five working days of the date of the hearing. If the parcels have merged, the City Engineer shall file a notice of merger with the County Recorder within 30 days from the date of the hearing unless the decision has been appealed as provided in Subsection (e) of this Section. The notice of merger shall specify the name and names of the record owner or owners of the property as shown on the latest equalized county assessment roll(s), and shall particularly describe the real property. If the parcels have not merged, the City Engineer shall record a release of the notice of intention within 30 days from the date of the decision, and shall mail a copy of the release to the owner. If no hearing is requested, the decision shall be made not later than 90 days after the mailing of the notice of the opportunity for a hearing. A hearing on the determination of status may be postponed or continued upon the mutual consent of the City Engineer and the property owner.

(e)

If the owner requested a hearing, the decision of the City Engineer may be appealed to the City Council within ten calendar days of the date of mailing of the notice of decision by filing a written appeal with the City Clerk. A fee established by City Council resolution shall be paid at the time of filing the appeal. Upon receipt of an appeal and payment of the fee, the City Clerk shall place the matter on the Council Agenda

ing, the decision of the City Engineer may be appealed to the City Council within ten calendar days of the date of mailing of the notice of decision by filing a written appeal with the City Clerk. A fee established by City Council resolution shall be paid at the time of filing the appeal. Upon receipt of an appeal and payment of the fee, the City Clerk shall place the matter on the Council Agenda

not less than 30 nor more than 60 days from the date of the appeal. If, after a hearing, the Council grants the appeal, the City Clerk shall record within 30 days with the County Recorder, a release of notice of intention. If the appeal is denied, the City Clerk shall, within 30 days, record a notice of merger with the County Recorder. A copy of either the release or the notice of merger shall be sent to the owner(s).

Any parcel or unit of land which merged pursuant to the provisions of any law prior to January 1, 1984, but for which a notice of merger was not recorded on or before that date, are deemed unmerged if on January 1, 1984 all of the criteria established by California Government Code Section 66451.30(a) are not met and, if none of the conditions of Section 66451.30(b) of that Code exist. Upon request of the owner, the City Engineer determines that a parcel is unmerged pursuant to this Section.

(a)

A property owner may request that the City Engineer determine whether property has merged under Section 19.04.052 or are deemed unmerged under Section 19.04.054. A request for determination shall be made in writing and shall be accompanied by any fee established by City Council resolution.

(b)

Upon determination that the property has merged, the City Engineer shall issue to the owner and record with the County Recorder a notice of merger.

(c)

Upon determination that property is deemed unmerged, the City Engineer shall issue to the owner and record with the County Recorder, a Certificate of Compliance showing each parcel as a separate parcel.

(a)

The Planning Commission is the advisory agency as that term is used in the Subdivision Map Act, for major subdivisions. The Planning Commission may prescribe, subject to the approval by City Council resolution, such additional rules and regulations as are necessary or advisable with respect to the form and content of tentative maps required by the Subdivision Map Act or this Title and the data to be furnished with such tentative maps.

(b)

The City Engineer is the advisory agency, as that term in used in the Subdivision Map Act, for minor subdivisions, lot line adjustments pursuant to Chapter 19.36 and certificates of compliance. The City Engineer may prescribe, subject to the approval of the City Council by resolution, such additional rules and regulations as are necessary or advisable with respect to the form and content of tentative parcel maps required by this Title.

19.04.070 - Environmental Impact Review.

All

tentative maps and tentative parcel maps shall be subject to environmental review in accordance with the California Environmental Quality Act and Title 18 of this Code. Decisions to approve, conditionally approve or deny any tentative map or tentative parcel map shall be based, among other things, on the information contained in the environmental documents.

Whenever environmental mitigation measures are imposed as a condition of a subdivision approval, or are incorporated into the design or improvement of a subdivision, the subdivider shall certify to the Planning Director compliance with the measures before obtaining the final or parcel map for the subdivision. This Section implements Section 21081.6 of the Public Resources Code. Compliance with this Section shall not relieve the subdivider of any other obligation to mitigate environmental impacts of a project. If compliance with the environmental mitigation measures may require continued monitoring and performance after the filing of a final or parcel map, the subdivider, as a precondition to filing the final or parcel map shall submit a monitoring and performance program to the Planning Director for approval.

(a)

Unless waived pursuant to Subsection (b), a preliminary soils report, prepared by a civil engineer registered in this State and based upon adequate test borings and field investigations, shall be submitted to the City Engineer for every subdivision. The City Engineer shall review the report and may require additional information or reject the report if it is found incomplete, inaccurate or unsatisfactory.

(b)

A preliminary soils report may be waived by the City Engineer providing the City Engineer finds that, due to the knowledge of the City, no preliminary analysis is necessary. The City Engineer's findings setting forth the reasons therefore shall be contained in a writing filed with the subdivision application.

(c)

If the City has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a detailed soils investigation of each lot in the subdivision may be required by the City Engineer. Such soils investigation shall be done by a civil engineer registered in this State, who shall recommend the corrective action which is likely to prevent damage to each structure proposed to be constructed in the area where such soil problem exists. A subdivision or portion thereof where such soils problems exist may be approved if the advisory agency determines that the recommended corrective action is likely to prevent structural damage to each structure to be constructed and may condition the issuance of any building permit upon incorporation of the approved map and the recommended corrective action in the construction of each structure.

(a)

As a condition of approval of a final or parcel map, the subdivider may be required to reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses according to the procedural standards and formula contained in this Section.

(b)

The requirement for reservation shall be based upon an adopted specific plan or General Plan containing policies and standards for park, recreational facility, fire station, library or other public use facilities. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. The tentative map shall show the manner in which the reserve area will be divided if the area is not acquired within the prescribed period.

(c)

The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

(d)

The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

(e)

If the public agency, for whose benefit an area has been reserved, does not enter into such a binding agreement, the reservation of such area shall automatically terminate.

(f)

The authority granted by this Section shall not be construed as a limitation or as diminution of any other authority of the City to require dedication, improvement, or fees in lieu of dedication or improvement of any of the uses or facilities listed in this Section.

Whenever an area in a development is considered or proposed for a school site the Planning Director shall give written notice of the proposed site to the State Department of Education 40 days before the tentative

map or tentative parcel map is submitted to the advisory agency for consideration.

(a)

Corrections and amendments to final and parcel maps may be accomplished as set forth in the Subdivision Map Act Sections 66469 through 66472 to the extent provided for therein.

(b)

Changes in any lot line, parcel line or subdivision boundary line may only be accomplished by recording an approved final or parcel map or by the approval of an adjustment plat to the extent provided for in this Title.

(c)

Any other change to a final or parcel map must be accomplished by processing a new tentative map or tentative parcel map.

Whenever security is filed with the Board of Supervisors or the Clerk thereof, pursuant to Subdivision Map Act Section 66493, to secure the payment of taxes or special assessments collected as taxes, which are a lien on the property to be subdivided, but not yet payable, the Clerk of the Board of Supervisors, upon notification by the Tax Collector that the total amount of said taxes or special assessments have been paid in full, may release said security.

When a subdivision, as defined in Section 19.04.020, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder parcel that portion which is not divided for the purpose of the sale, lease or financing. A note shall be placed on the final map or parcel map providing that a building permit will not be issued for such parcel until it is further subdivided in accordance with this Title. A designated remainder parcel shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required. After the filing of a parcel map or final map which establishes a designated remainder parcel, the designated remainder parcel map be sold without any further requirement for filing of a parcel map or final map if a Certificate of Compliance is first processed pursuant to the provisions of Chapter 19.48 of this Code. Prior to the issuance of a Certificate of Compliance or conditional Certificate of Compliance for the sale of a designated remainder parcel the City Engineer shall make a determination under Section 19.16.040(h) of this Code whether improvements should be required for the designated remainder parcel. The improvement requirements may be imposed as a condition of the Certificate of Compliance. A notice shall be placed on the Certificate of Compliance that a building permit will not be issued for a designated remainder parcel until it is further subdivided in accordance with the provisions of this Title. For the purposes of this Title, a parcel designated as "not a part" shall be deemed to be a designated remainder parcel.

In making decisions pursuant to this Title, the decision maker shall consider the effect of that decision on the housing needs of the region and balance those needs against the public service needs of its residents and available fiscal and environmental resources.

(a)

Whenever, under the provisions of this Code, an easement is necessary or required for parking, ingress, egress, emergency access, fire protection, light and air access, landscaping or open space purposes, the easement may be created by a covenant pursuant to this Section.

(b)

At the time of recording of the covenant of easement, all the property benefitted or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to any conveyance of the affected real property. The covenant of easement shall describe the real property subject to the easement and the real property benefitted by the easement. The covenant of easement shall also identify the approval permit or designation granted which relied upon or required the covenant.

(c)

A covenant of easement shall be enforceable by the City, by the owner of the real property benefitted by the covenant and, by the successors in interest to the real property benefitted by the covenant. The covenant of easement shall be recorded in the Office of the County Recorder. The burdens of the covenant shall be binding upon and the benefits of the covenant shall inure to all successors in interest to the real property.

(d)

The covenant of easement may be released upon the application of any person after a public hearing by the Planning Commission. Notice of the public hearing shall be given pursuant to Section 65091 of the California Government Code. The Planning Commission may authorize the Planning Director to record a release of the covenant if it determines that the restriction of the property is no longer necessary to achieve the land use goals of the City. An application for release of a covenant shall be accompanied by a fee in an amount as may be set by resolution of the City Council. A covenant of easement may be consolidated with any other application for discretionary approval under this Code.

(e)

This Section is adopted pursuant to Article 2.7, commencing with Section 65870 of Chapter 4 of Division 1 of Title 7 of the California Government Code.

Whenever mailed or other written notice of a hearing decision or other matter is required to be given, the City may require the subdivider to give the notice and to certify the giving of notice by declaration under penalty of perjury.

It is a condition of each subdivision approval, or other approval under this Title, that the subdivider or his successor or assigns defend, indemnify and hold harmless the City and its officers, employees and agents from any claim, action or proceeding against the City or any of its officers, employees or agents to attach, set aside, void or annul the subdivision approval or other approval including any claim, action or proceeding based upon the adequacy of the environmental review for the project. The City Clerk shall promptly notify the subdivider of any claim, action or proceeding. The City shall cooperate fully in the defense of the claim, action or proceeding. Notice under the provision may be given by mail to the subdivider's address as shown on the application unless the subdivider notifies the City Clerk of a different address. Nothing in this Section shall be construed to limit any indemnity or hold harmless clause in any subdivision improvement agreement or other agreement between City and the subdivider.

In order to effectively administer and implement this Title, the City Manager, Director of Developmental Services, Planning Director or City Engineer may delegate administrative or other duties established by this Title to qualified members of the City staff, or to qualified independent contractors of the City. Whenever the terms "City Manager," "Director of Developmental Services," "Planning Director" or "City Engineer" are used in this Title, the term shall include the person or persons to whom specific responsibilities or administrative duties have been delegated. Responsibilities which require a professional license or certification for performance may be delegated only to a person or persons possessing the license or certification.

Other provisions of this chapter not withstanding, the City Council may, by resolution, waive the requirement for a tentative and final map or parcel map for a single-parcel subdivision for the conversion of an existing mobilehome park to tenant-owned condominium ownership. Prior to grating such a waiver, the City Council shall make the following findings:

(a)

The proposed subdivision shall not result in the displacement from the subject mobilehome park of tenants and/or owners of mobilehomes then located within the subject mobilehome park who do not purchase condominium unit(s) where the mobilehome which they own or within which they reside is located.

(b)

The subdivision complies with such requirements then in effect as may have been established by the Subdivision Map Act or this chapter pertaining to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act of this chapter.

When two-thirds or more of the owners of mobilehomes who are tenants in the mobilehome park sign a petition of interest for their purchase of the park for conversion the City Council shall waive the requirements for a tentative, final, or parcel map unless it finds:

(1)

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

(2)

There is a need to perform field surveys of the exterior boundary of the parcel or parcels on the map.

(3)

The lot or lots of the park (not the spaces) were not created by a recorded subdivision map.

(4)

The conversion would result into additional parcels (but not spaces).

The City Council may, in the resolution granting a waiver hereunder, impose such conditions as the City Council deems necessary to enable the City Council to make the aforementioned findings. The subdivider requesting a waiver as provided for herein shall make application therefore on such forms and may be provided for by the Director of Planning. For subdivisions resulting from a two-thirds petition, the Council shall impose only those conditions authorized by Section 66428(b) of the Map Act.

City Council deems necessary to enable the City Council to make the aforementioned findings. The subdivider requesting a waiver as provided for herein shall make application therefore on such forms and may be provided for by the Director of Planning. For subdivisions resulting from a two-thirds petition, the Council shall impose only those conditions authorized by Section 66428(b) of the Map Act.

Upon the grant of a waiver as provided for under this Section, the City Engineer shall prepare a Certificate of Compliance or conditional Certificate of Compliance, as appropriate, for recordation in the Office of the County Recorder for the purpose of documenting the approval of the subdivision. The City Engineer shall not record or release for recordation a conditional Certificate of Compliance prepared pursuant to this Section unless and until the owner or owners of the property to be subdivided have entered into an agreement with the City to provide for the satisfactory completion of all conditions of the Certificate of Compliance and shall have provided improvement security, as appropriate, as provided for in Chapter 5 of the Subdivision Map Act. For subdivisions resulting from a two-thirds petition, improvement requirements shall be the subject of an unsecured improvement agreement prepared by the City Attorney.

Whenever engineering or land surveying conditions are imposed on a tentative map or tentative parcel map, those conditions and the fulfillment thereof by the subdivider shall be reviewed by the City Engineer to determine compliance with generally accepted engineering or surveying practices.