This Chapter shall be called the “Subdivision Ordinance of the City of San Juan Bautista.”
This Chapter shall regulate subdivision within the incorporated area of the City of San Juan Bautista pursuant to the Subdivision Map Act of the State of California.
It is the purpose of this Chapter to promote the public health, safety, and general welfare; to assure in the division of land consistent with the policies of the City of San Juan Bautista General Plan, any applicable specific plan of the City of San Juan Bautista, and with the intent and provisions of the City of San Juan Bautista Zoning Ordinance; to coordinate lot design, street patterns, rights-of-way, utilities and public facilities with community and neighborhood plans; to assure that areas dedicated for public purposes will be properly improved initially so as not to be a future burden upon the community; to preserve natural resources and prevent environmental damage; to maintain suitable standards to insure adequate, safe building sites; and, to prevent hazard to life and property. It is the purpose of this Chapter to comply in every regard to the latest edition of the State of California’s Subdivision Map Act. If any provision of this Chapter is in conflict with the Subdivision Map Act, the provisions in the Map Act will prevail.
In addition to the specific responsibilities set forth herein, the following agencies and officers, or their duly authorized representatives, shall have the general responsibilities hereby designated.
(A)
The Planning Commission is the advisory agency for the approval or disapproval of tentative parcel maps and tentative subdivision maps. The Planning Director or his/her designated representative is the advisory agency for any other subdivision matters and is responsible for analyzing the design and coordinating the processing of proposed subdivisions within the City departments and public agencies and, upon appeal, reporting thereon to the City Council.
(B)
The City Engineer, as specified in the Subdivision Map Act, is responsible for determining if proposed subdivisions comply with provisions of the Subdivision Map Act and this Chapter, reporting whether the proposed improvements are consistent with the design and improvement standards specified or referred to in this Chapter, for the inspection and ultimate approval of all such improvements, and for making recommendations on the granting of variances under SJBMC 10-2-640.
(C)
The County Health Officer is responsible for establishing requirements for matters affecting public health.
(D)
The Building Official/City Manager is responsible for enforcing the provisions of this Chapter, except for such matters that are in the jurisdiction of the City Engineer. For such purpose, the Building Official/City Manager shall have the power to issue citations, cease and desist orders and other appropriate orders involving violations of provisions of this Chapter.
(E)
The City of San Juan Bautista is responsible for establishing and enforcing requirements for water supply, water recycling, wastewater collection, wastewater treatment, and wastewater disposal. This responsibility includes but is not limited to ensuring the quality of the necessary infrastructure to provide these services, the operation and maintenance of these facilities, and the inspection of all the construction of these facilities which has the potential to impact the services provided.
(F)
The City Attorney is responsible for approving as to form all agreements relating to proposed subdivisions.
(G)
The Planning Commission is responsible for approving, conditionally approving or denying tentative maps. The City Council is responsible for approving, conditionally approving or denying final maps and improvement agreements. The City Council shall consider for acceptance lands and/or improvements proposed for dedication to the City in subdivisions of five (5) or more parcels. The City Council is the appeal body for any decisions of the Planning Commission or other decisions as specified in this Chapter.
This Chapter shall not apply to:
(A)
The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks.
(B)
Mineral, oil, or gas leases.
(C)
Land dedicated for cemetery purposes under the State Health and Safety Code.
(D)
A lot line adjustment between two (2) or more existing adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, provided the lot line adjustment is approved by the City Engineer.
(E)
Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code for community apartment or cooperative housing projects.
(F)
The conversion of a community apartment project or a stock cooperative to a condominium if the requirements of Sections 66412(g) and (h) of the Subdivision Map Act are met.
(G)
The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under the ordinances regulating design and improvements.
(H)
The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
(I)
Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.
(J)
The conversion of a mobile home park to a condominium unless any of the requirements of Section 66428.1 of the Subdivision Map Act are met.
Whenever the land involved in any subdivision of five (5) or more units is found to be of a size or shape, or is subject to title limitations of record, or is affected by topographical location or conditions, or is otherwise restricted that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this Chapter, the City Council may make modifications as are reasonably necessary or expedient provided findings are established that the subdivision is in conformity with the Subdivision Map Act, the General Plan, and applicable precise plan and zoning regulations. In the case of subdivisions of four (4) or less units, this determination may be made by the City Manager or City Planner with the concurrence of the City Engineer.
If any section, subsection, sentence, clause or phrase of this Chapter 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 Chapter. The City Council of the City of San Juan Bautista, in the County of San Benito, State of California, hereby declares that it would have adopted this Chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared invalid or unconstitutional.