Parcel Map Waiver for Condominium Purposes

[ls7214]

I am investigating whether or not a Parcel Map Waiver can be approved for condominium purposes. My client has a recorded parcel map which is improved to the jurisdiction development standards. They now want to develop a portion/parcel of the map as commercial condominiums.

I have processed parcel maps for condominium purposes and prepared condominium plans. My question is whether or not it has been done by parcel map waiver before in other areas of the state.

If you have any experience with this situation and would care to share it, I would appreciate it.

[Ian Wilson]

Just to be clear, your client has a completed Parcel Map and now wants to develop one of the lots as condominiums?

If that's the case, the condo project would be under a Final Map. A condominium development is still a subdivision.

[Warren Smith]

If your client is creating 4 or fewer condo units, you can file a parcel map for condominium purposes.

It will be a one parcel PM, and still go through a tentative parcel map process. If there is a local ordinance providing for the waiver of filing a parcel map, the Planning Director should be able to record a Certificate of Compliance for a basis to record the CC&RS and airspace diagrammatics.

If the Development Code is silent, then you file a PM.

[edit] I re-read the OP and see that these are commercial condos. So, yes - provided the parcel has access to a public street, any number of units can be filed as a parcel map.

[Ian Wilson]

Doh! Missed the commercial bit. I concur with Warren...

[JMS8070]

From the City of Brea's Municipal Code:

§ 18.12.010 PARCEL MAP WAIVER AUTHORIZED WHEN.
A. The City Engineer shall waive the parcel map for the following:
1. A division of property resulting from the conveyance of land to or from a governmental agency, public utility, public entity, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in an individual cue, upon substantial evidence, that public policy necessitates such a parcel map; or
2. A subdivision of a portion of the operating right-of-way of a railroad corporation defined by the Public Utilities Code, which are created by short-term leases.
B. The advisory agency may, upon making a finding that the proposed subdivision of land complies with requirements of this division and the Subdivision Map Act, waive a parcel map for the following:
1. A division of land which is a property line adjustment between two (2) adjacent lots or parcels as shown on a recorded or filed tract map, parcel map, or approved record of survey, except where the tentative conditions of approval thereof require any dedications or improvements;
2. A division of land for the construction of a condominium project on a single parcel; or
3. If the division of real property or interest is created by an action in probate, eminent domain, or other civil judgments or decrees.
C. Upon waiving the parcel map requirement, the City Engineer shall cause to be filed with the county recorder a certificate of compliance for the land to be divided and plat map showing the division.
D. A parcel map waived by the advisory agency may be conditioned to provide for the payment of park land dedication, drainage, and other fees approved pursuant to this division and the Subdivision Map Act.

Section B-2 appears to allow a legal parcel to be subdivided into Condos by a Certificate of Compliance. I had started this process with the City but the client backed out of the project and it never went forward. If the city you are working in does not have the process in their municipal code then you probably just have to stick with a PM for Condo purposes.

[dedkad]

I processed one and I liked the ease of it. It always seemed silly to me to have to record a one-lot parcel map or tract map just to create condos, provided that all the improvements are already in place and that no dedications are required. Developer processed a tentative map with the city to get approval for the condo units. Then we did a Certificate of Compliance for the one lot. The CC recorded concurrently with the Condo Plan and CC&R's. If you shoot me a PM, I can send you the template we used for the Certificate of Compliance. The one thing I need to get nailed down at our city if we are going to allow more of these is what to do about monumentation if no map is filed.

[subman]

If the tentative map requires monuments to be set, file a Corner Record if lot is a lot shown on prior PM, TR or ROS. If not file a ROS.