Chino Hills Municipal Code Art. 1 General Provisions

The provisions defining and regulating the review and approval of tentative, final, and parcel maps; lot line adjustments; lot mergers; reversions to acreage; certificates of subdivision compliance, and official maps shall be governed by this Division, except as otherwise indicated by this section.

(a) Authority for Local Regulations. Pursuant to the provisions of California Government Code, Title 7, Division 2, referred to herein as the Subdivision Map Act, and in addition to any regulations otherwise provided by law, the regulations contained in this division shall apply to all subdivisions, parts of subdivisions, lot line adjustments, lot mergers, reversions to acreage, certificates of compliance, and official maps hereafter made entirely or partially within the unincorporated territory of San Bernardino County.

(b) The designation, establishment, duties, and meeting dates of the reviewing authorities, including the Planning Agency and the Development Review Committee, shall be as specified by Division 2 of this Title.

(c) Review procedures and findings for approval shall be as specified by this Division.

(d) Terms used within this Division are defined as specified in Division 12 of this Title.

(a) Tentative Tract Map and Vesting Tentative Map Procedures

(1) The Planning Officer shall utilize the Administrative Review Procedures, in accordance with the provisions of Subsection 83.010215(b), when acting upon any: Tentative Map proposing five (5) or more lots; all Vesting Tentative Maps; and any Tentative Map which requires a Final Map for recordation. However, when such map is referred to the Planning Commission for action, the Public Hearing Procedures shall be utilized.

(2) Reviewing Authority:

The Planning Officer shall be the decision- making authority except that under any of the following circumstances, the project may be referred to the Planning Commission:

(A) Where there has been substantial public opposition to the proposal.

(B) Where the proposal is filed concurrently with an application subject to public hearing review procedures.

(C) Where any member of the Development Review Committee objects to the proposal.

(b) Tentative Parcel Map/Minor Subdivision Procedures.

(1) Procedure:

Staff Review with Notice procedures shall be used except that Development Review procedures shall also be used when the project is of the type described in California Government Code Section 66426(a), (b), (c) or (d).

(2) Reviewing Authority:

The Planning Officer shall be the decision- making authority except, when in the opinion of the Planning Officer, the proposal is controversial or when the proposal is filed concurrently with an application subject to public hearing procedures at which time the proposal shall be referred to the Planning Commission and the Public Hearing Procedures shall be followed.

(c) Findings.

Prior to approving an application for a tentative map or a vesting tentative map, a parcel map or a minor subdivision plot plan, the Planning Agency shall find the following to be true:

(1) The proposed subdivision, together with the provisions for its design and improvements is consistent with the General Plan and any applicable specific plan.

(2) The site is physically suitable for the type and proposed density of development.

(3) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.

(4) The design of the subdivision or the type of improvements are not likely to cause serious public health problems.

(5) The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

(6) The design of the subdivision provides to the extent feasible, passive or natural heating and cooling opportunities.

(7) The proposed subdivision, its design, density and type of development and improvements conform to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law.

(8) If the proposed subdivision is a conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project, the Planning Agency must make the additional finding that the proposed subdivision shall comply with the requirements of California Government Code Sections 66427.1(a) and 66452.10 prior to approving the proposed subdivision.

(9) In the event that the land within a proposed subdivision is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of Chapter 7 of Division 1 of Title 5 of the California Government Code), and the lot areas are less than that required in Subsection 83.040220(a) (2) (C), the Planning Agency must make the following additional findings in order to approve the subdivision.

(A) The lots created can sustain an agricultural use permitted under the contract, or are subject to a written agreement for joint management pursuant to California Government Code Section 51230.1, and the parcels which are jointly managed total at least ten (10) acres in size, in the case of prime agricultural land, or forty (40) acres in size, in the case of land which is not prime agricultural land; or

(B) One of the parcels contains a residence and is subject to Section 428 of the California Revenue and Taxation Code; the residence has existed on the property for at least five (5) years; the landowner has owned the parcels for at least ten (10) years; and the remaining parcels shown on the map are at least ten (10) acres in size, if the land is prime agricultural land; or at least forty (40) acres in size, if the land is not prime agricultural land.

(10) Land Project Determination.

(A) The proposed subdivision is not a land project; or

(B) The proposed subdivision is a land project; a specific plan covering the area proposed to be included within the project has been adopted by the Board of Supervisors; and the proposed subdivision together with the provisions for its design and improvement are consistent with the adopted specific plan.

(d) Notwithstanding Subsection 83.040110(c)(3), the Planning Agency may approve a tentative map, or a parcel map for which a tentative map was not required, if an Environmental Impact Report was prepared with respect to the project and a finding is made pursuant to Subdivision (c) of Section 21081 of the California Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report.