Sec. 21-3-4. Waiver of parcel map requirements.

(a) Within sixty days of the application being deemed complete, the planning commission may, in its discretion, waive all or part of the requirements for a tentative and parcel map for the following:
(1) Division of real property or interests therein created by probate, eminent domain procedures, partition or other civil judgments or decrees;
(2) Division of real property resulting from the conveyance of land or any interest therein to or from the city, public entity or public utility for a public purpose, such as schools sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.;
(3) Division of real property which has been merged pursuant to this chapter, the Subdivision Map Act or any prior ordinance of the city;
(4) Construction of a condominium project on a single parcel. The planning commission may also, in its discretion, waive the requirement for a tentative and final map for construction of a condominium project on a single parcel;
(5) Any other division of real property which would otherwise require a parcel map.
(b) The planning commission shall make a finding that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, this chapter, this code and the general plan.
(c) A waiver by the planning commission may be conditioned to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted by law by a method approved by the planning commission.
(d) Upon the waiver of the parcel map requirement, or the tentative and final map requirement, pursuant to this section, the city engineer shall file with the county recorder a certificate of compliance for the land to be divided, in accordance with Section 21-3-7, and a plat map showing the division. The certificate shall include a certificate by the county tax collector in accordance with Section 21-9-5(d).
(e) If any waiver is approved or conditionally approved pursuant to this section, the community development director shall make a written report thereof to the city council. Any member of the city council shall have the right to call up that waiver approval for review by a written request to the community development director within ten days of the final action by the planning commission. If the city council decides to review the waiver and conditions, it shall conduct a public hearing after giving notice pursuant to Section 21-6-2(b). In addition, notice shall be given to the planning commission. The public hearing shall be held within thirty days after the date of request for review. The city council may add, modify or delete conditions if the city council determines that such changes are necessary to ensure that the waiver conforms to the Subdivision Map Act and this code. The city council may deny the waiver on any of the grounds contained in this chapter, the Subdivision Map Act, the general plan, any applicable specific plan or this code. Within ten days following the conclusion of the public hearing, the city council shall render its decision. If the city council does not act on the hearing within the time limits set forth in this section, the waiver shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the planning commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, this chapter, this code and the general plan. (Ord. No. 1500, § 3 (part).)