A. The subdivider may designate as a remainder that portion which is not divided for purpose of sale, lease or financing.
Alternatively, the subdivider may omit entirely that portion of any unit or improved or unimproved land which is not divided for the purpose of sale, leasing or financing. In all cases, the remainder or omitted unit shall not be counted as a parcel for the purpose of determining whether a parcel map or a final subdivision map is required under this title.
B. For a designated remainder or omitted unit described herein, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a building permit is issued by the City for development or redevelopment of such remainder or omitted unit, or until the construction of the improvements, including the payment of fees associated with any deferred improvements, is required pursuant to an agreement between the subdivider and the City.
C. In the absence of such an agreement described above, the City may require fulfillment of such construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of a final map and prior to the issuance of the remainder or omitted unit upon a finding by the City Council that the fulfillment of the construction requirements is necessary for reasons of:
1. The public health and safety; or
2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.
D. The provisions above described providing for a deferral of the payment of fees associated with any deferred improvements shall not apply if the designated remainder or omitted unit is included within the boundaries of a benefit assessment district or community facilities district.
E. Any designated remainder or omitted unit may subsequently be sold without the requirement of the filing of any parcel or final subdivision on condition that either the seller or the buyer obtain a certificate of compliance or conditional certificate of compliance from the City Engineer.
(Ord. 2085, § 2 (part), 2011; Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986)