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(a) Notwithstanding any other provision of this division, the decision making body may waive the requirement for a parcel map for a subdivision if it finds that the proposed subdivision complies with the requirements established by the SMA or this division 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 division and the SMA.
(b) An applicant proposing to create a subdivision seeking a waiver of the parcel map requirement shall submit an application for a waiver to the Director. The application for the parcel map waiver shall contain sufficient information which in the opinion of the Director will enable the decision making body to make the findings required by this section to grant the waiver.
(c) Except as provided in subsection (d) the following types of subdivision are deemed to comply with the findings required by this section for waiver of the parcel map unless the decision making body determines in an individual case, based on substantial evidence, that public policy necessitates a parcel map:
(1) A minor subdivision in which each resulting lot contains a gross area of 40 acres or more, or each of which is a quarter-quarter section or larger. The requirement that each resulting lot contain a gross area of 40 acres or more or be a quarter-quarter section or larger may be modified, however, pursuant to section 81.614 to the extent that no lot is smaller than 20 acres in gross area and the average gross area of all resulting lots equals 40 acres or more.
(2) A minor subdivision created only for the purpose of leasing the lots resulting from the subdivision.
(3) A major subdivision as provided in section 81.506.
(4) An environmental subdivision, as provided in sections 81.1001 et seq.
(5) Land conveyed to or from a governmental agency, public entity, public utility or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way.
(d) A minor subdivision in which the decision making body requires dedications or improvements as a condition of approval of the subdivision is deemed not to comply with the findings required by this section for waiver of the parcel map.
(e) The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in this division for tentative parcel maps. If the decision making body grants a waiver of the parcel map requirement, the Director shall file a certificate of compliance with the County Recorder, pursuant to chapter 11 of this division.
(Amended by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 8426 (N.S.), effective 8-19-94; amended by Ord. No. 9428 (N.S.), effective 2-15-02; amended by Ord. No. 9675 (N.S.), effective 10-22-04; amended by Ord. No. 10037 (N.S.), effective 3-26-10)