Wasco Municipal Code Ch. 16.12 Administration and Enforcement

Sections: 16.12.010 Commission responsibility. 16.12.020 Executive secretary. 16.12.030 Tentative, final and parcel maps required. 16.12.040 Waiver of parcel map. 16.12.050 Limitations on issuance of permits. 16.12.060 Unlawfulness of certain transactions. 16.12.070 Voidability of certain transactions.

The planning commission shall constitute the advisory agency and is authorized to approve, conditionally approve, or disapprove tentative maps. In addition to all other responsibilities assigned to the advisory agency by the Map Act, the agency is assigned the responsibilities referred to in the Map Act and all other responsibilities set forth in this title. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

The community development director is designated as the executive secretary to the advisory agency with the authority to receive preliminary and tentative maps of proposed subdivisions according to the Subdivision Map Act. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

A tentative, final and parcel map shall be required for all subdivisions of land authorized or required by the Subdivision Map Act. Any division of lands not subject to a parcel map or final map procedure by the provisions of the Subdivision Map Act shall be exempt from the provisions of this title. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

A. Pursuant to Section 66428 of the Map Act, the planning commission may waive the requirements of a parcel map imposed by Section 66426 of said act. The community development director may also waive the requirements of a parcel map for the minor adjustment of property lines (lot line adjustments) between two or more adjacent parcels which do not create an additional parcel.

B. The planning commission shall not approve the waiver of the parcel map unless it makes the following findings:

1. The proposed division is in compliance with all requirements of the zoning ordinance;

2. That all improvements for the proposed division of land have been completed in accordance with the
requirements for a final map as set forth in Chapter 16.32 excluding survey markers and/or monuments
which must be bonded or paid for before planning commission approval;

3. The proposed division of land is in compliance with all requirements imposed by the California
Environmental Quality Act (CEQA) of 1970 and the city CEQA guidelines;

4. That no additional dedications for the purpose of public facilities or improvements are necessary for the
public safety and welfare;

5. The proposed division of land is in conformance with the general plan;

6. Modified deeds of trust have been reviewed and approved by the city of Wasco.

C. The community development director may approve a lot line adjustment after responsible agency consultation with the following findings:

1. The proposed division is in compliance with all requirements of the zoning ordinance;

2. The proposed division of land is in compliance with the Subdivision Map Act and all the requirements imposed by the California Environmental Quality Act (CEQA) of 1970 and the city CEQA guidelines;

3. The proposed division of land is in conformance with the general plan;

4. Upon making these findings, the community development director shall issue a certificate of compliance for recording in accordance with Section 66499.35 of the Map Act.

D. A tentative map subject to the requirements of this title or other additional information deemed necessary by the commission for waiver consideration may be required with the request for waiver. In addition, a preliminary title report in accordance with Section 16.16.050(B) will be required. Fees for filing, checking, and processing the waiver and certificate of compliance shall be in the amount prescribed by resolution of the city council. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

A. No permit shall be granted for the construction, installation or placement of any building for sale, lease, or financing on any lot or parcel for which a final map or parcel map is required by this chapter until such map thereof, in full compliance with the provisions of this title and the Map Act, has been filed for record by the county recorder.

B. No permit shall be granted for the construction, installation or placement of any building for sale, lease, or financing on any lot or parcel for which a final map or parcel map is required by this chapter until such time that all required releases, licenses, forms and acknowledgements, as may be required by the city manager or other designated city official, have been submitted in a form to the satisfaction of the city.

C. No final certificate of occupancy shall be granted for any building for which a final map or parcel map is required by this chapter until such time that all required improvements have been completed and accepted by the city council.

D. Any permit or certificate of occupancy issued contrary to the provisions of this section shall be void. (Ord. 617 §2 (Exh. A), 2011; Ord. 612 §2 (Exh. A), 2010; Ord. 474, 2002).

It is unlawful to offer to sell or lease, to contract to sell or lease, to sell or lease, to finance any lot or parcel of real property or commence construction of any building for sale or lease or financing thereon except for model homes for which a final map or parcel map is required by this title until such map thereof, in full compliance with the provisions of this title and the Map Act, has been filed for record with the county recorder. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of the Map Act or this title, is voidable to the extent and in the same manner provided in Section 66499.32 of the Map Act. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

If any section, subsection, paragraph, sentence, clause, or phrase of this title is, for any reason, held to be unconstitutional or invalid, such decision shall not be deemed to affect the validity of the remaining portions of this chapter, which remaining portions the city council declares it would have adopted, notwithstanding. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).