Big Bear Lake Municipal Code Ch. 16.01 General Provisions

This title is adopted pursuant to the authority of the Subdivision Map Act (Division 2 of Title 7 of California Government Code) and may be cited as the subdivision ordinance of the city of Big Bear Lake. The provisions of the Subdivision Map Act are incorporated by this reference as though fully set forth herein. In the event of any actual conflict between this ordinance and the Subdivision Map Act, the provisions of the Subdivision Map Act shall prevail.

(Ord. 89-170 (part), 1989)

It is the purpose of this title to regulate and control the division of land in the city of Big Bear Lake and to supplement the provisions of the Subdivision Map Act, to regulate the survey data of subdivision, the form and content of tract maps and parcel maps, and the procedures to be followed in securing the approval of the city of Big Bear Lake regarding such maps. To accomplish this purpose, the regulations outlined in this title are determined to be necessary for the preservation of the public health, safety and general welfare. Any references herein to the Subdivision Map Act, or a specific section thereof, shall refer to the Subdivision Map Act, as most currently amended.

(Ord. 89-170 (part), 1989)

No land shall be divided and developed for any purpose which is not in conformity with the general plan, and specific plan, or zoning provision of the city of Big Bear Lake and the San Bernardino County hazardous waste management plan.

(Ord. 92-213 § 9, 1992: Ord. 89-170 (part), 1989)

The city engineer and director of community development (as a committee) shall formulate such rules, procedures and interpretations as may be necessary or convenient to administer this division. Such rules, procedures and interpretations shall be referred to as the "City of Big Bear Lake Subdivision Manual" or the "subdivision manual." The subdivision manual is adopted by city council Resolution 89-04. The city engineer and director of community development (as a committee) are authorized to incorporate further amendments into the subdivision manual provided such amendments are consistent with this division and further provided that the Subdivision Map Act does not require that such amendments be adopted by ordinance of the city council. Copies of the current subdivision manual shall be on file in the office of the city clerk and be made available to the public at a cost sufficient to pay for printing.

(Ord. 89-170 (part), 1989)

A. Advisory Agency. Advisory agencies are authorized to approve, conditionally approve or disapprove tentative maps of subdivisions prepared, filed and considered by them according to the provisions of this title and the Subdivision Map Act; to prescribe the kinds, nature and extent of improvements required to be installed in subdivisions; and to report directly to the subdivider or owner the action taken on the tentative map subject to the right of appeal to the city council as set forth in Section 16.01.110.

1. The planning commission is designated as an advisory agency, as that term is used in the Subdivision Map Act, and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions requiring tract maps.

2. The subdivision committee is designated as an advisory agency, as that term is used in the Subdivision Map Act, and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions requiring parcel maps.

B. Local Agency Review and Approval Functions.

1. City Engineer.

a. Review and approve or deny lot line adjustments;

b. Review and approve final parcel maps;

c. Review and approve or deny certificates of compliance;

2. Subdivision Committee.

a. Review authority for all submissions to the city engineer, planning commission and city council. Has authority to reject any subdivision-related application for non-compliance with Subdivision Map Act, local codes and ordinances and/or to require additional technical information and resubmission to the committee for its review and consideration;

b. Review subdivision application with applicant after initial comments are compiled;

c. Require design modifications which are necessary to meet codes, ordinances, regulations and policies of the city;

d. Make recommendations for approval, conditional approval or disapproval of application to acting body;

3. Planning Commission.

a. Review and approve, conditionally approve or deny tentative parcel maps and conditional certificates of compliance;

b. Review and approve, conditionally approve or deny tentative tract maps;

c. Review and make recommendations to the city council to approve, conditionally approve or deny petitions for reversion to acreage;

d. Review and approve conditional certificates of compliance;

e. Review and approve or deny mergers.

4. City Council.

a. Review and approve, conditionally approve or deny petitions for reversion to acreage;

b. Review and approve final tract maps;

c. Review and uphold or deny appeals from actions of the city engineer, subdivision committee and planning commission.

(Ord. 89-170 (part), 1989)

A. General. The resolution of the subdivision committee and the provisions of division F of title 1 pertaining to commissions and committee shall govern the procedures of the subdivision committee.

B. Membership. There is established a subdivision committee consisting of the following members or their duly authorized representatives:

1. City engineer;

2. Director of community development;

3. The fire prevention official;

4. Director of public works;

5. The senior building official;

6. The planning director;

7. Such other members as may be appointed from time to time by the subdivision committee. The subdivision committee may remove any member so appointed at any time.

C. Chairmanship. The director of community development shall act as chairman and preside over the subdivision committee meetings.

D. Notification to Subdivision Committee. All material relating to matters to come before the subdivision committee shall be forwarded to each committee member prior to the subdivision committee meeting. A letter shall accompany such material indicating the date, time and place for the subdivision committee's meeting.

E. Committee Comment Without Meeting. In the event the city engineer finds that a meeting would be impractical, and the subdivision committee would not be acting as an advisory agency, statements on maps may be secured via mail from various committee members. Such written comments shall then be forwarded to the subdivider and the planning commission.

F. Meetings Open to the Public. Subdivision committee meetings shall be open to the public; and any officer, person, subdivider, owner or other interested person may attend any such meeting and present any appropriate matters to the committee.

(Ord. 89-170 (part), 1989)

Whenever the land involved in a subdivision is of a size or shape, or is subject to title limitations of record or is affected by topographical location or condition, or is to be devoted to a use, or is subject to regulation by the zoning regulations, such that it is impractical in the particular case to conform to the strict application of the requirements of this division, the advisory agency may make such modifications with respect to the application of this title as are reasonably necessary or expedient, provided the advisory agency finds that the modification is in conformity with the spirit and intent of Subdivision Map Act and this title.

(Ord. 89-170 (part), 1989)

All improvements to be installed or agreed to be installed in a subdivision shall conform to the "City of Big Bear Lake Street Design Manual and Standard Plans," current edition, a copy of which is on file in the office of the city clerk and any other requirements imposed by the subdivision committee or city engineer.

(Ord. 89-170 (part), 1989)

Whenever reference is made to any portion of this division or other ordinance or statute, such reference applies to all amendments and additions now or hereafter made.

(Ord. 89-170 (part), 1989)

Whenever a public hearing is held pursuant to this title, notice of the time and place thereof, including a general description of the location of the proposed subdivision, shall be given at least ten days before the hearing in accordance with the provisions of the Subdivision Map Act. The subdivider shall be responsible for reimbursing the city for expenses incurred under this provision.

(Ord. 89-170 (part), 1989)

A subdivider, a member of the city council or any interested person adversely affected by any action of the city engineer, subdivision committee or planning commission may appeal said action to the city council. The appeal shall be filed in writing with the city clerk within fifteen days after the action. The city council shall hold a hearing on the appeal within thirty days after the date of filing the appeal. The hearing on the appeal shall be noticed in accordance with the provisions of Section 16.01.100.

(Ord. 89-170 (part), 1989)

The definitions in the Subdivision Map Act shall govern the meaning of words in this title unless from the context in which the word is used, a different meaning is clearly intended.

A. City engineer: the city engineer;

B. City surveyor: the city engineer or designee;

C. Clerk of the advisory agency: the director of community development.

D. Commission: the city planning commission;

E. Committee: the city subdivision committee;

F. Person: any individual, firm, co-partnership, joint venture, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, any county, city, city-county, municipality, district or other political subdivision, or any other group or combination acting as a unit.

G. Tentative map: tentative tract maps and tentative parcel maps.

(Ord. 89-170 (part), 1989)