16.12.030 Parcel map waiver.
A. The Planning Commission may waive the requirement for a parcel map for the following:
1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees;
2. Division of real property resulting from the conveyance of land or any interest therein to or from the City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.;
3. Division of real property which has been merged pursuant to this chapter, the Subdivision Map Act or any prior ordinance of the City.
Any such waiver may only be approved if the Commission finds that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, this code, the General Plan and the State Subdivision Map Act. The City Council may reject the recommendation of the Planning Commission on appeal only if the City Council cannot make the foregoing findings.
B. When the requirement of a parcel map is waived but dedication for the purposes of street widening is necessary, such dedication shall be made by a separate instrument which shall be recorded.
C. A waiver may be conditioned to provide for, among other things, payment by the subdivider of parkland dedication, drainage, traffic and other fees permitted by law.
D. Upon the waiver of the parcel map requirement, pursuant to this section, the City Engineer shall file with the County Recorder a certificate of compliance for the land to be divided, in accordance with SMC 16.52.040, and a plat map showing the division.
E. A parcel map waiver approval shall be valid for 18 months from the date of approval and if the lots are not a matter of record within that 18-month period, the approval shall expire. Such approval may be extended by the Environmental Review Committee for up to one year from the expiration date if an application for such extension is filed in advance of the expiration date and if the Environmental Review Committee finds that the parcel map waiver is consistent with the then-existing General Plan and SMC Title 17, Zoning, and conforms to the then-existing improvement standards of this chapter. The Environmental Review Committee may condition its approval of the extension request to address issues of conformity as well as to address other potential impacts of the parcel map waiver. The ERC’s action on an extension shall be subject to appeal to the Planning Commission in accordance with the provisions of Chapter 17.455 SMC. An appeal must be filed in writing within five days from issuance of the ERC’s decision on the matter, and be accompanied by any required fee.