Part 2 — WAIVER CONDITIONS

The following minor land divisions shall be eligible for waiver of the requirement that a parcel map be filed, provided such divisions are located in Zones R-1, R-A, A-1, A-2 or D-2 and a request for waiver, as provided for in this chapter, is approved by the advisory agency:

A.

Those in which each resultant parcel has a gross area of 10 acres or more or is a quarter-quarter-quarter section of a governmental plat or larger;

B.

Those in which each resultant parcel has a gross area of two and one-quarter acres or more or is a quarterquarter-quarter-quarter section of a governmental plat or larger, and is not located in sloping terrain, as defined by Section 21.08.160 of this Title 21.

(Ord. 10965 § 28, 1974: Ord. 9404 § 14 (part), 1967: Ord. 4478 Art. 12 § 320, 1945.)

21.48.140 - Eligibility for waiver—Certain uses or conditions of property.

A.

The following minor land divisions shall be eligible for waiver of the requirement that a parcel map be filed:

1.

Those in which each resultant parcel is a part of one or more lots shown on a final map, parcel map or approved record of survey map, and the area of each resultant parcel is more than 20 percent of the total area of the lot or lots of which it is a part, 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 21 provide for or require the delineation of flood or geological hazard, or building restrictions;

2.

Property line adjustments, or the distribution of all of an existing parcel(s) between adjacent parcels;

3.

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;

4.

Those in which each resultant parcel has a gross area of two and one-quarter acres or more or is a quarterquarter-quarter-quarter section of a government plat or larger, unless the conditions of approval of the tentative map require dedications or offers of dedication to be made by certificate on the final parcel map.

B.

For the purpose of this section, the term "approved record of survey maps" refers to record of survey maps which were approved by the board of supervisors and filed for record pursuant to various provisions of the Subdivision Map Act prior to the effective date of Chapter 1180, Statutes 1965.

(Ord. 11904 § 14, 1979: Ord. 10965 § 29, 1974: Ord. 4478 Art. 12 § 320.1, 1945.)

A.

Waiver requests shall be made in writing on a standardized form provided by the advisory agency. 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 advisory agency, a plat map, showing sufficient ties, dimensions and bearings to adequately establish the boundaries of the minor land division and of each proposed parcel. Record information, when available, may be utilized.

B.

The advisory agency may require the submission of documentation, i.e., preliminary title report, as it deems necessary to verify the information presented in 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. 10965 § 30, 1974: Ord. 4478 Art. 12 § 320.2, 1945.)

21.48.170 - Procedures—Action by advisory agency.

A.

Within 20 days after acceptance of a request for waiver, or within such additional time as may be necessary, the advisory agency shall waive the requirement that a parcel map be filed as provided in Sections 21.48.130 and 21.48.140, 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 this Title 21.

B.

When a waiver is granted pursuant to this section, the advisory agency shall, within 10 working days, 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 Title 21.

C.

The procedures set forth in this section shall be completed within the period prescribed by Section 21.48.120 for filing a parcel map of a minor land division after approval or any extension thereof.

(Ord. 10965 § 32, 1974: Ord. 4478 Art. 12 § 320.4, 1945.)

21.48.180 - Lease-projects—Duration of approval.

The approval of a waiver of filing a parcel map for a lease-project shall be effective for a period of five years. After such time, if such lease-project is not established, a new request may be made as provided in Section 21.48.140.

(Ord. 10965 § 33, 1974: Ord. 4478 Art. 12 § 320.5, 1945.)

Chapter 21.52 - MODIFICATIONS

21.52.010 - Modification or Waiver of Provisions in this Title Authorized When.

A.

Whenever, in the opinion of the advisory agency, the land involved in a subdivision is of such size or shape, or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such usage, that it is impossible or impractical for the subdivider to conform fully to a regulation contained in this Title 21, the advisory agency may at the time of action on the tentative map of the subdivision modify the regulation, provided that in the case of each modification the advisory agency shall first find that a special, individual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and of this title; and provided, further, that the advisory agency shall make a report in writing setting forth each modification and the facts relied upon for making the modification.

B.

The advisory agency, the county engineer or the board of supervisors shall waive the provisions of this title and of Section 66473 of the Subdivision Map Act requiring disapproval of maps for failure to meet or perform state or local requirements or conditions, when the failure of a map submitted for approval is the result of a technical and inadvertent error which, in the determination of the advisory agency, the county engineer or the board of supervisors does not materially affect the validity of the map. Such waivers shall not result in the invalidation or negation of any substantive requirement of this title, the Subdivision Map Act, or any other ordinance, statute or regulation.

C.

The advisory agency or the Board of Supervisors may make modifications to regulations contained in this Title 21 including, but not limited to, exemption from park space requirements for land divisions where a Housing Permit for a project subject to Chapter 22.120 (Density Bonus) is also approved.

D.

The Director or the advisory agency may make modifications to regulations contained in this Title 21 pertaining to the consideration of a reasonable accommodation, as provided for in Title 22.

E.

Notwithstanding any contrary provisions of this Section:

1.

In no event shall the regulations listed in Sections 21.24.375.A (Prohibited Areas), 21.24.375.B (Additional Map Contents), and 21.24.375.F (Covenant Required) be modified or waived.

2.

The regulation in Section 21.24.375.C (Maximum Number of Compact Lots) may only be modified by the advisory agency or the Board of Supervisors pursuant to Subsection C, above.

(Ord. 2020-0032 § 11, 2020; Ord. 2019-0053 § 1, 2019; Ord. 2011-0067 § 1, 2011: Ord. 2006-0063 § 1, 2006; Ord. 86-0170 § 1, 1986; Ord. 11665 § 4, 1978: Ord. 9721 § 1, 1969: Ord. 9071 § 2, 1966; Ord. 4478 Art. 1 § 6, 1945.)