Section 66428(b) of the SMA requires local agencies to establsih procedures for waiving a parcel map. My agency's current procedures essentially just mimic the SMA, which is really very vague when it comes to exactly when a project would qualify for a parcel map waiver. We require a tentative map for all subdivisions, but once approved for a parcel map waiver, the parcels are created through Certificates of Compliance instead of filing a parcel map.
Our agency is in the process of revising our Subdivision Regulations, so I would like to take this opportunity to tighten up our parcel map waiver ordinance. Are there any agencies whose parcel map waiver requirements you like that we could turn to for a template?
Parcel Map Waivers
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Warren Smith
- Posts: 1006
- Joined: Thu Apr 13, 2006 6:41 am
- Location: Sonora
Here is ours:
9-890.1 INTENT.
It is the intent of this Chapter to provide a method for waiving a parcel map for a Minor Subdivision, as provided in the Subdivision Map Act Section 66428(a).
9-890.2 REQUIREMENTS FOR APPLICATION.
Applications for Parcel Map Waivers may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the Board of Supervisors, shall be required.
9-890.3 REVIEW PROCEDURES.
Applications for Parcel Map Waivers shall be reviewed by the Director and County Surveyor using the Staff Review Procedure in Chapter 9-210 with the following modification: Denial of a Parcel Map Waiver Application may be appealed to the Planning Commission.
9-890.4 FINDINGS.
Prior to approving an application for a Parcel Map Waiver, the Review Authority shall find that all of the following are true:
(a) Conformity with Laws. The proposed minor subdivision conforms with the Subdivision Map Act and this Title.
(b) Conformity with Regulations. The proposed minor subdivision:
(1) conforms to state and County requirements as to area, improvement and design, and flood water drainage control;
(2) has appropriate improved public roads available;
(3) has adequate sanitary disposal facilities available; and
(4) has adequate water supply available.
(c) Environmental Effects. The proposed minor subdivision will not have an adverse effect on the environment.
(d) Conformity with General Plan. The proposed minor subdivision conforms to the General Plan.
(e) Change in Nonconformity. The proposed minor subdivision conforms to this Title as amended, or no existing nonconformity with this Title will be increased.
(f) Conformity with Other Ordinances. The proposed minor subdivision conforms with all other County Ordinances.
(g) Lack of Need. A parcel map is not necessary to insure proper legal description of property, location of property lines, and monumenting of property lines.
(h) Size. The proposed minor subdivision shall result in all parcels being not less than forty (40) acres gross or a quarter of a quarter section.
(i) Certificate of Compliance. In all cases where a parcel map is waived, a Certificate of Compliance is required.
(j) Facilities. Appropriate improved public roads, adequate sanitary disposal facilities, and adequate water supplies are available.
9-890.1 INTENT.
It is the intent of this Chapter to provide a method for waiving a parcel map for a Minor Subdivision, as provided in the Subdivision Map Act Section 66428(a).
9-890.2 REQUIREMENTS FOR APPLICATION.
Applications for Parcel Map Waivers may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the Board of Supervisors, shall be required.
9-890.3 REVIEW PROCEDURES.
Applications for Parcel Map Waivers shall be reviewed by the Director and County Surveyor using the Staff Review Procedure in Chapter 9-210 with the following modification: Denial of a Parcel Map Waiver Application may be appealed to the Planning Commission.
9-890.4 FINDINGS.
Prior to approving an application for a Parcel Map Waiver, the Review Authority shall find that all of the following are true:
(a) Conformity with Laws. The proposed minor subdivision conforms with the Subdivision Map Act and this Title.
(b) Conformity with Regulations. The proposed minor subdivision:
(1) conforms to state and County requirements as to area, improvement and design, and flood water drainage control;
(2) has appropriate improved public roads available;
(3) has adequate sanitary disposal facilities available; and
(4) has adequate water supply available.
(c) Environmental Effects. The proposed minor subdivision will not have an adverse effect on the environment.
(d) Conformity with General Plan. The proposed minor subdivision conforms to the General Plan.
(e) Change in Nonconformity. The proposed minor subdivision conforms to this Title as amended, or no existing nonconformity with this Title will be increased.
(f) Conformity with Other Ordinances. The proposed minor subdivision conforms with all other County Ordinances.
(g) Lack of Need. A parcel map is not necessary to insure proper legal description of property, location of property lines, and monumenting of property lines.
(h) Size. The proposed minor subdivision shall result in all parcels being not less than forty (40) acres gross or a quarter of a quarter section.
(i) Certificate of Compliance. In all cases where a parcel map is waived, a Certificate of Compliance is required.
(j) Facilities. Appropriate improved public roads, adequate sanitary disposal facilities, and adequate water supplies are available.
Warren D. Smith, LS 4842
County Surveyor Emeritus
County Surveyor Emeritus
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subman
- Posts: 453
- Joined: Thu Jul 31, 2008 6:22 pm
- Location: Ventura County
Here is LA County's
21.48.130 Eligibility for waiver—Property located in certain zones.
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 quarter-quarter-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
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 quarter-quarter-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.
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.
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.
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 quarter-quarter-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 quarter-quarter-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.)
21.48.150 Request for waiver—Information required.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.)
(Ord. 10965 § 33, 1974: Ord. 4478 Art. 12 § 320.5, 1945.)
Dennis Hunter, PLS & PE
Simi Valley, CA
Simi Valley, CA
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dedkad
- Posts: 437
- Joined: Tue Jan 14, 2014 3:55 pm
Warren, your ordinance is as stripped down as ours.
Dennis, Thanks for the LA County ordinance. That one is getting a little closer to something I'd want to see in our ordinances, particularly as it relates to requiring the parcels to be a part of a previous map or record of survey, guaranteeing completion of improvements, and not allowing a waiver if a flood zone is required to be shown.
What to do about easements and monumentation is also something I'm looking for. I'm also wondering whether "appropriate improved public roads" in the SMA means they must be existing or if a waiver can still be granted if the subdivider will be building the road. No subdivision would be approved unless all those findings in the SMA can be made (area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection), so pretty much any parcel map can be waived unless we get more specific.
Dennis, Thanks for the LA County ordinance. That one is getting a little closer to something I'd want to see in our ordinances, particularly as it relates to requiring the parcels to be a part of a previous map or record of survey, guaranteeing completion of improvements, and not allowing a waiver if a flood zone is required to be shown.
What to do about easements and monumentation is also something I'm looking for. I'm also wondering whether "appropriate improved public roads" in the SMA means they must be existing or if a waiver can still be granted if the subdivider will be building the road. No subdivision would be approved unless all those findings in the SMA can be made (area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection), so pretty much any parcel map can be waived unless we get more specific.