Article 4 — Parcel Map Waivers

8204-0 - Purpose.

This Article establishes procedures for processing parcel map waiver applications as authorized by Government Code section 66428(b).

(Ord. No. 4566, § 1, 6-16-2020)

8204-1 - Applicability.

Parcel map waivers are available under this Chapter as follows:

(Ord. No. 4566, § 1, 6-16-2020)

8204-1.1 - Mobilehome park conversions to residential ownership.

When the requirements set forth in Government Code section 66428.1(a) are met, the requirement for a tentative and parcel map or final map shall be waived unless any of the conditions set forth in section 66428.1(a)(1) through (a)(4) exist. If any of the conditions set forth in section 66428.1(a)(1) through (a)(4) exist, a tentative and parcel map or final map shall be required. Refer to Article 13 of this Chapter for mobilehome park conversions.

(Ord. No. 4566, § 1, 6-16-2020)

8204-1.2 - Environmental subdivision.

When the requirements of an environmental subdivision pursuant to Government Code section 66418.2 are met, the requirement for a tentative and parcel map or final map shall be waived.

(Ord. No. 4566, § 1, 6-16-2020)

8204-2 - Application and processing.

a.

No parcel map waiver shall be processed until a completed application is submitted on a form provided by the advisory agency, accompanied by all required documents and materials as specified in the parcel map waiver application, and required fees in accordance with the Board-adopted Fee Schedule. An application for a parcel map waiver shall be submitted and processed by the Planning Director in the same manner as tentative parcel maps in accordance with Article 5 of this Chapter, except that all proposed lots subject to an environmental subdivision or mobilehome park conversion are not required to meet the lot area requirements of Section 8205-5.1.1 or to demonstrate that there are buildable sites within the subdivision pursuant to Section 8205-5.1.5 of this Chapter.

b.

An application for a mobilehome park conversion to residential ownership shall also be accompanied by: (1) a petition that meets all the requirements specified in Government Code section 66428.1; and (2) field survey documents prepared in accordance with the Land Surveyors Act (Bus. & Prof. Code, §§ 8700 et seq.) in a form suitable for recordation, unless this requirement is waived by the County Surveyor.

c.

An application for an environmental subdivision shall also include all documentation requested by the advisory agency to make the findings required by Government Code section 66418.2.

(Ord. No. 4566, § 1, 6-16-2020)

8204-3 - Designated advisory agency.

The Planning Director is the designated advisory agency for parcel map waivers under this Section.

(Ord. No. 4566, § 1, 6-16-2020)

8204-4 - Findings for approval.

a.

To approve a parcel map waiver, the advisory agency shall find that the proposed division of land complies with all applicable requirements of the Subdivision Map Act and this Chapter, including, but not limited to, those regarding area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection.

b.

For a map waiver application for a mobilehome park conversion to residential ownership, the advisory agency shall also find that none of the conditions set forth in Government Code section 66428.1(a)(1) through (a)(4) exist, and for an environmental subdivision application, the advisory agency shall also make all the findings required by Government Code section 66418.2(b).

c.

Any parcel map waiver that would create a lot divided as to ownership (including ownership of a security interest) shall be conditioned to require that deeds be recorded simultaneously with the parcel map waiver approval, so as to make ownership boundaries correspond to lot boundaries created by the parcel map waiver approval.

(Ord. No. 4566, § 1, 6-16-2020)

8204-5 - Approval and required supplemental documents.

Upon making all necessary findings for approval of a parcel map waiver and submission of all required documentation and fees, the advisory agency shall date and sign a parcel map waiver approval. The following documents must be attached to the parcel map waiver approval:

a.

All required legal descriptions and sketches that have been approved by the County Surveyor;

b.

Any required survey documents; and

c.

Any conditions imposed with respect to the approval shall be stated in full on a separate document physically attached to the parcel map waiver approval form. The document shall also specifically state the conditions that are still required to be fulfilled after recordation of the parcel map waiver approval.

(Ord. No. 4566, § 1, 6-16-2020)

8204-6 - Expiration.

An approved parcel map waiver application shall expire in the same time frame and manner as an approved tentative map in accordance with Section 8205-6.7 of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

8204-7 - Recordation.

An approved parcel map waiver shall not become operative unless and until all pre-recordation conditions are satisfied as determined by the advisory agency and the parcel map waiver is recorded in the Office of the County Recorder prior to its expiration date as directed by the advisory agency. To be recorded, the parcel map waiver must include the following documents:

a.

The parcel map waiver approval with all required attachments pursuant to Section 8204-5 of this Chapter;

b.

Any required survey documents that are not attached to the conditional approval form;

c.

Any deeds or easements required by the conditions of approval of the parcel map waiver;

d.

A signed and acknowledged statement satisfying all the requirements of Government Code section 66436;

e.

A certificate or statement satisfying all the requirements of Government Code section 66492; and

f.

If any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable and any lot line created by the subdivision would bisect any existing assessor's parcel, a certificate or statement and a security satisfying the requirements of Government Code section 66493.

When recorded, the parcel map waiver form shall have the same force and effect as a recorded parcel map or final map.

(Ord. No. 4566, § 1, 6-16-2020)