Chapter 16.37
WAIVER CONDITIONS
Sections:
16.37.010 Eligibility for Waiver.
16.37.020 Request for Waiver—Information Required.
16.37.040 Procedures—Action by the Planning Commission.
16.37.010 Eligibility for Waiver.
The following minor land divisions shall be eligible for waiver of the requirement that a final parcel map be filed, provided a request for waiver, as provided for in this chapter, is approved by the approving authority:
A. Those in which each resultant parcel is a part of one (1) or more lots shown on the final map, parcel map or approved record of survey map, except where the tentative map of any such division, the conditions of approval thereof or the requirements of the Subdivision Map Act or of the code provide for or require the delineation of flood or geological hazard, or building restrictions;
B. Property line adjustments, or the distribution of all of an existing parcel(s) between adjacent parcels;
C. Those of a lease-project, except where the tentative map of any such division, the conditions of approval thereof or the requirements of the Subdivision Map Act or of this title provide for or require the delineation of flood or geological hazards, or building restrictions;
D. For the purpose of this section, the term “approved Record of Survey Maps” refers to Record of Survey Maps which were filed for record pursuant to various provisions of the Subdivision Map Act prior to the effective date of Chapter 1180, Statutes 1965. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.37.020 Request for Waiver—Information Required.
A. Waiver requests shall be made in writing on a standardized form provided by the City Engineer. The request shall include:
1. A request for waiver signed and acknowledged by all owners of record of the land comprising the minor land division;
2. A description of each proposed parcel;
3. If requested by the City Engineer, a plat map, showing sufficient ties, dimensions and bearings to adequately establish the boundaries of the parcel map and of each proposed parcel. Record information, when available, may be utilized.
B. The City Engineer may require the submission of documentation, i.e., preliminary title report, as it deems necessary to verify the information presented to the request for waiver. All submissions shall be legible and readily reproducible.
C. Before approval of a request for waiver, the subdivider shall complete or guarantee completion of the conditions of approval as if a parcel map were to be filed. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.37.030 Fees.
A. Upon submission of a request for waiver, the subdivider shall pay a filing fee based upon the current fee schedule established by Council resolution.
B. The subdivider shall also pay a sum of money equal to the amount required by law for filing with the County Recorder a certificate of compliance for the parcels comprising the division. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.37.040 Procedures—Action by the Planning Commission.
A. Within the time designated for tentative map processing and as part of the tentative map approval, the Commission shall waive the requirement that a parcel map be filed if it finds:
1. That the design of each parcel described in the request for waiver is in substantial accordance with the tentative map, as approved;
2. That the proposed minor land division complies with all applicable requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and of the code.
B. When a waiver is granted pursuant to this section, the City Engineer, upon review and approval, shall cause a certificate of compliance, describing each approved parcel, to be filed for record with the County Recorder. The certificate of compliance shall state that the requirement that a parcel map of the division of land be filed has been waived and that the parcels comprising the division may be sold, leased, financed or transferred in full compliance with all applicable provisions of the Subdivision Map Act and of this chapter.
C. The procedures set forth in this section shall be completed within the period prescribed for filing a tentative parcel map after approval or any extension thereof. (Ord. 13-8 § 4 (Exh. A), 6/11/13)