2012-111 Waiver of Parcel Maps ORDINANCE NO. 2012-111
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
ADDING SECTION 7.01.050 TO CHAPTER 7.01 OF TITLE 7 OF THE
MENIFEE MUNICIPAL CODE WAIVER OF PARCEL MAPS.
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the Menifee hereby finds, determines and declares
as follows:
(a) Upon incorporation, the City adopted, by reference, Riverside County
Land Use Ordinance No. 348 and Subdivision Ordinance No. 460 (along with other
County ordinances) and has continued to use those ordinances as the City developed its
own procedures.
(b) On May 18th, 2010, the City of Menifee adopted Ordinance No. 2010-73
amending provisions of the County ordinances adopted by the City in order to revise the
levels of City authority to approve development projects, repealing Sections 18.26 (d),
18.26 (f), 18.26 (g), 18.43, of Ordinance No. 348 and Title XIXa and, Sections 1.3, 6.5,
6.6, and 6.7 of Ordinance No. 460 and adding Chapter 9.1 to the Menifee Municipal
Code to provide for the procedure for processing permit applications".
(c) Government Code Section 66428(b) (Subdivision Map Act) requires local
agencies to adopt local rules for waiver of parcel maps under certain circumstances.
(d) In the process of adopting Ordinance No. 2010-73, the County provisions
for implementing Section 66428(b) were inadvertently deleted. Therefore, it is
necessary to adopt local procedures and standards for waiver of parcel maps.
SECTION 2. Title 7, Chapter 7.01 of the Menifee Municipal Code is amended by the
addition of a new Section 7.01.050 to read as follows:
7.01.050 Requirements of Waiver of Parcel Maps
The Planning Commission, upon the request of the land divider, may waive the
requirement that a parcel map be recorded (or a final parcel map when a tentative
parcel map is otherwise required) if it finds that the proposed land division complies
with the requirements as to:
1. Area;
2. Improvement and design;
3. Flood water drainage control;
4. Appropriate improved public roads;
5. Sanitary disposal facilities;
6. Water supply availability;
7. Environmental protection and;
8. Adequate existing survey control;
9. Other applicable provisions of this and other applicable ordinances of City
of Menifee and the Subdivision Map Act.
SECTION 3. Any provisions of Ordinance No. 2010-73 inconsistent with the
provisions of this Ordinance are hereby repealed. In the event of any conflict, the
provisions of Section 7.01.050 of the Menifee Municipal Code shall prevail.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Menifee hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 5. This ordinance shall be effective 30 days from the date of its
adoption.
U�IU
John 11
Denver, Mayor
ATTEST:
JLl1��U1 �
Kathy Bennett, City Clerk
Approved as to form:
Jose "etcher, Attorney
+ NIF
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John V.Denver
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
Thomas Fuhrman CITY OF MENIFEE )
Mayor Pro Tem
Wallace W. Edgerton I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember foregoing Ordinance No. 2012-111 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 4h day of September, 2012 by
Darcy Kuenzi the following vote:
Councilmember
Sue Kristjansson Ayes: Denver, Edgerton, Fuhrman, Kristjansson, Kuenzi
Councilmember Noes: None
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.6793843
www.cityofinenifee.us