A. Applicability. The council may, upon the director's recommendation, waive parcel map requirements for the following divisions of real property:
1. Judicial Action. Created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or
2. Public Entity Conveyance. Resulting from the conveyance of land or interest to or from the city, public entity or public utility for a public purpose (e.g., school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.).
3. Map Conditions Completely Met. The waiver of a final parcel map means that enough information is available to establish the boundaries of the parcels from existing recorded monuments and that the necessary conditions of the tentative map have been met, therefore, a final parcel map is not required.
B. Procedure. The following procedures shall apply to parcel map waivers:
1. Findings. A parcel map may be waived by the council, in compliance with state law (Government Code Section 66428), only if all of the following findings of fact can be made in a positive manner:
a. The proposed division of land complies with all applicable city requirements as 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, and the municipal code; and
b. Public improvements would not be necessary or desirable as a consequence of the proposed division.
2. Certificate of Compliance. Upon waiving the parcel map requirement, the council shall direct the city engineer to file, with the county recorder, a certificate of compliance for the land to be divided and a plat map showing the division; and
3. Appropriate Fees. A parcel map waived by the council may be conditioned to provide for payment of all appropriate fees.
(Ord. 293 § I (part), 2004; Ord. 182 § 2 (part), 1997)