Woodlake Municipal Code Ch. 16.16 Parcel Map Waivers

A property owner/subdivider may file an application for a waiver of the requirements for approval of a tentative parcel map. The community development director, in consultation with the city engineer, may waive the planning commission requirements and approve a tentative parcel map for any of the following divisions of property, pursuant to Government Code Section 66428:

A. A division of real property, or interests therein, created by probate, eminent domain procedures, partition, or other civil judgements or decrees.

B. A division of property resulting from conveyance of land, or interest, therein, to or from a governmental agency, including the city, or a public entity or public utility for public purpose, such as a school site, public building sites, or rights-of-way easements for streets, sewers, utilities, drainage, etc., unless a showing is made in individual cases that public policy necessitates a parcel map. "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement or a license.

C. Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, that are created by short-term leases.

D. Subdivisions of land in which the city engineer determines that one (1) of the following applies:

1. All required public improvements are existing.

2. Public improvements are not necessary.

3. Public improvements will be deferred by agreement, so long as said deferred improvements are not immediately required for public health and safety or for the orderly development of the surrounding area (Government Code Section 66411.1).

(Ord. No. 642, § 3, 5-23-2022)

The community development director, in consultation with the city engineer, pursuant to Government Code Section 66428(b), may waive the tentative parcel map requirements when they find that the proposed division of land complies with all requirements of:

A. The applicable provisions of the City Zoning Ordinance.

B. The applicable provisions of the city improvement standards and specifications for improvement and design, drainage control, public roads, sanitary disposal facilities, and water supply and distribution.

C. The California Environmental Quality Act.

(Ord. No. 642, § 3, 5-23-2022)

A waiver of a tentative parcel map shall be required to conform to the city ordinances, improvement standards, and policies related to:

A. Payment of fees, including development impact fees.

B. Tentative parcel maps submittal requirements in Chapter 16.12.

C. Standard conditions of approval for parcel maps and any property specific requirements that may be conditioned.

(Ord. No. 642, § 3, 5-23-2022)

If the waiver is approved, a final parcel map may be submitted pursuant to Chapter 16.14. If the waiver is denied, the tentative map may be submitted for planning commission approval.

(Ord. No. 642, § 3, 5-23-2022)