Chapter 16.12


16.12.010    Automatic waiver.

16.12.020    Nonautomatic waivers.

16.12.030    Other waivers for other land divisions.

16.12.040    Improvements.

16.12.050    Tentative map required – When.

16.12.010 Automatic waiver.

Pursuant to Section 66428 of the Government Code, and unless a showing is made upon substantial evidence that public policy necessitates such a map, parcel maps are not required for the following:

A. Subdivisions created by short-term leases of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code;

B. Land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way. (Ord. 79-426 § 5.01).

16.12.020 Nonautomatic waivers.

The public works director may waive the parcel map requirement for the following:

A. Divisions of real property or interest therein created by probate, eminent domain procedures, partition, or other civil judgements or decrees; or

B. A division of property resulting from the conveyance of land or interest therein, to a public agency for a public purpose, such as school sites and public building sites. (Ord. 79-426 § 5.02).

16.12.030 Other waivers for other land divisions.

A. The public works director may waive the parcel map requirements of this title and the Subdivision Map Act including Section 66426; provided, that the planning commission has made findings that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate environmental protection, and other requirements of this title, other local ordinances, and the Subdivision Map Act.

B. The applicant shall provide the planning commission with the necessary information needed to make these findings.

C. Upon waiving the parcel map requirement, the public works director shall cause to be filed with county recorder a certificate of compliance for the land to be divided. (Ord. 79-426 § 5.03).

16.12.040 Improvements.

Any requirements for the construction of reasonable on-site and off-site improvements for a parcel being created by the proposed division of land shall be set forth in the instrument approving the application of waiver. Improvements, requirements, and procedures are specified in Chapter 16.16 FMC. (Ord. 79-426 § 5.04).

16.12.050 Tentative map required – When.

Where the parcel map is waived in accordance with FMC 16.12.010, 16.12.020 and 16.12.030, a tentative map may be required by the planning commission. (Ord. 79-426 § 5.05).