Article II — TRACT MAPS

Cross reference— Time limits and submittal requirements for project review, § 30-1361 et seq.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board of building commissioners means the five-member board appointed by the mayor with the approval of the city council which hears matters pertaining to buildings and structures relative to the Uniform Building Code.

Circulation master plan means the plan for streets and thoroughfares which has been adopted and approved by the city council, together with any approved revisions or modifications thereof.

City attorney means the city attorney, acting either directly or through properly authorized agents acting within the scope of the particular duties entrusted to them.

City engineer means the city engineer, acting either directly or through properly authorized agents acting within the scope of the particular duties entrusted to them.

County means the County of San Bernardino, and when used to modify an officer, office or department shall mean that officer, office or department of the county and shall include properly authorized agents of that officer, office or department acting within the scope of the particular duties entrusted to them.

General plan means the general plan of the city providing goals, objectives and policies for the long-term orderly development of the city.

Notice of official filing means a written notice issued by the planning department indicating that a project has received environmental clearance and is now considered as officially filed providing that all submittal requirements have been met.

Owner means the person having sufficient proprietary interest in the land to be subdivided to commence and maintain proceedings to subdivide the land under this article.

Public improvements includes streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities and traffic controls, including traffic control devices and traffic control signals.

Specific plan means a detailed plan which reviews economic, environmental and design impacts of development within a specific area and sets forth goals, objectives, policies and regulations for the development of that specific area.

Subdivider means any person commencing proceedings under this article to effect a subdivision of land under this article for himself or for another.

Subdivision means the division, by any subdivider, of any unit of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights- of-way. The word "subdivision" includes a condominium project as defined in Civil Code § 1350, a community apartment project as defined in Business and Professions Code § 11004, or the conversion of five or more existing dwelling units to a stock cooperative as defined in Business and Professions Code § 11003.2.

Vesting tentative tract or parcel map means a tentative tract or parcel map which, if approved, allows development in substantial compliance with the ordinances, policies and standards in effect at the time a notice of official filing is issued by the planning department in conformance with the state Subdivision Act.

(Code 1968, § 28-1; Ord. No. 1259, § 1, 9-1-98; Ord. No. 1906, § 8, 10-25-22)

Cross reference— Definitions and rules of construction generally, § 1-2.

This article is enacted for the purpose of adopting subdivision regulations, in accordance with the Subdivision Map Act (Government Code §§ 66410— 66499.58). The planning commission of the city is designated as the advisory agency with respect to subdivisions, as provided in the Subdivision Map Act.

(Code 1968, § 28-2; Ord. No. 1259, § 2, 9-1-98)

Pursuant to the provisions of the Subdivision Map Act and in addition to any other regulations provided by law, the regulations contained in this article shall apply to all subdivisions or parts of subdivisions hereafter made, entirely or partially within the limits of the city.

(Code 1968, § 28-3)

(a)

The planning commission may recommend that the city council modify any of the requirements and regulations set forth in this article. Application for any such modifications shall be made in writing by the subdivider, stating fully the grounds of the application and the facts relied upon by the subdivider. Such application shall be filed with the tentative map of the subdivider. In order for the property referred to in the application to come within the provisions of this section, it shall be necessary that the planning commission shall find the following facts with respect thereto:

(1)

That there are special circumstances or conditions affecting the property.

(2)

That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

(3)

That the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.

(b)

In recommending the authorization of any modification under the provisions of this section, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the modification recommended and the conditions designated.

(c)

Upon receipt of such report, the city council may approve the tentative map with the modifications recommended.

(d)

In all cases in which such modifications are authorized, the city council shall require such evidence as it deems necessary that the conditions required in connection with such modifications are being complied with.

(Code 1968, § 28-4)

Any offer to sell, contract to sell, sale or deed of conveyance made contrary to the provisions of this article is a misdemeanor, and any person, acting either as principal or agent, who offers to sell, contracts to sell, sells or executes a deed of conveyance contrary to the provisions of this article shall, upon conviction thereof, be punishable as provided by section 1-7.

(Code 1968, § 28-5)

Secs. 26-31—26-50. - Reserved.