§ 16.08

The city council may adopt such rules and regulations relating to the interpretation and administration of this title as are consistent with the provisions hereof for the purpose of providing for the efficient administration of this title.

(Prior code § 18-111)

The planning commission of the city is designated as the advisory agency to make investigations and reports on the design and improvement of proposed divisions of land, as provided in the Subdivision Map Act, and it shall have the powers and duties that are specified in that law and this title.

(Prior code § 18-3)

16.08.030 - Findings.

A.

Finding Regarding Conformity with General Plan. Pursuant to Section 66473.5 of the Government Code, the planning commission shall not approve any tentative map and the city council shall not approve any final map unless each shall find in writing that the proposed subdivision, its design and improvement are consistent with the general plan of the city.

B.

Findings Upon Denial. The planning commission shall deny approval of the tentative map and the city council shall deny approval of the final map if any of the findings as specified in Section 66474 of the Government Code are made.

(Prior code § 18-112)

16.08.040 - General plan conformance—Report.

A.

A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency on such division of land.

B.

Such report is not required for a proposed subdivision which involves the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; acquisitions, dispositions or abandonments for street widening; or alignment projects; provided, that the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions or abandonments for street widening or alignment projects is of a minor nature.

(Prior code § 18-4; Ord. 911, § 2, 1998)

A.

The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements of this chapter at time of tentative map; provided, that the commission finds that:

1.

There are special circumstances affecting the subdivision;

2.

The granting of the exception will not defeat the objectives of this chapter and the adopted general plan of the city;

3.

The granting of the exceptions will not injure other land in the area where the subdivision is located;

4.

The exception is necessary to protect a substantial property right of the subdivider;

5.

The exception is not in conflict with the Government Code.

B.

Application for any such exception shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision.

C.

The commission shall report its findings to the city council and shall specifically set forth the exceptions recommended and the conditions designated. After hearing upon notice given in accordance with Section 16.08.100, the city council may approve, conditionally approve or disapprove any of such proposed exceptions.

D.

It is not possible to anticipate all situations that may arise or to prescribe standards applicable to every situation. Therefore, the city engineer, community development director or city manager shall have the authority to approve exceptions to the strict application of city codes and standards in this Title 16 where the following findings can be made:

1.

The proposed project substantially complies with applicable city standards;

2.

Exception addresses design standards (Chapter 16.20);

3.

If applicable, that any alterations or exceptions are substantially the same as tentative map; and

4.

Allowing such an exception will provide a substantial public benefit or result in environmentally and/or aesthetically superior project than would have otherwise been authorized.

(Prior code § 18-113; Ord. 1111, § 2, 2015)

There are certain parcels of land of such dimensions, subject to such restrictions, or so affected by physical conditions as to make development under standard requirements infeasible or unsuitable. Land development methods and dwelling forms are changing rapidly and developers may devise proposals that will enhance the livability, convenience and appearance of a proposed subdivision or other development by employing new concepts in arrangements of lots or dwelling units, circulation patterns or provision of open space and recreation facilities, which may be in conflict with other requirements of this chapter. The planning commission may authorize innovative designs or authorize waivers of requirements under the following conditions:

A.

When a landowner or developer believes that a proposed activity or project complies with the above policy, he or she shall petition the planning commission in writing for exception to such provisions of the title as are in conflict with his or her proposal, at the time of submission of the tentative map. Such petition shall demonstrate:

That a particular parcel of land cannot be put to its best use under existing ordinances, and the reasons therefor; and that by waiver of a certain provision or provisions the land can be put to use in the public good and without unreasonable conflict with the interests of adjoining landowners;

2.

That it is possible to create a better living environment by a development method, procedure or standard not allowed by existing ordinances.

B.

Such petition shall be considered by the planning commission after a public hearing upon notice as required by this chapter, together with all information provided by the developer. If considered favorably by the commission or if appealed under procedure for appeal hereinafter described, it shall be forwarded to the city council for final action.

C.

The provisions of this section are in addition to, and not a limitation upon, the provisions of Section 16.08.050.

(Prior code § 18-42)

No waiver, release or extension of time hereunder shall be made or effective unless given in writing by the person or authority which has the power to grant such waiver, release or extension of time.

(Prior code § 18-114)

Pursuant to the provisions of Government Code Section 66499.34, the city shall not issue any permit or grant any approval necessary to develop land which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or of the provisions of this title, if the secretary of the planning commission finds that development of such real property is contrary to the public health or safety; provided, however, that the city council shall be empowered to authorize the issuance of such permit or grant approval for the development of any such real property upon the imposition of such additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

(Prior code § 18-124)

A subdivider may appeal any action of the planning commission or the city engineer to the city council. Such appeal shall be filed with the city clerk within ten days after the action of the planning commission or the city engineer upon which the appeal is taken. The appeal shall specify the nature of the appeal and how the planning commission or the city engineer has erred. Upon the filing of an appeal, the city council shall

set the matter for hearing. Such hearing shall be held within 30 days after the date of filing of the appeal with the city clerk. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal.

(Prior code § 18-117)

Whenever a public hearing is held pursuant to this title, notice of the time and place thereof and a general description of the location of the subdivision shall be published and mailed in accordance with the provisions of Government Code Sections 65090 and 65091. If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, notice shall also be given in accordance with Government Code Section 66451.3.

(Prior code § 18-115; Ord. 911, § 2, 1998)

Pursuant to the provisions of Government Code Section 66499.35, the city may cause a certificate of compliance to be filed for record with the county recorder upon:

A.

A request from the owner of the real property;

B.

A determination by the city that such real property complies with the provisions of the Subdivision Map Act and of this title;

C.

Upon the payment of a fee established by resolution of the city council to govern the cost of issuing and recording a certificate of compliance;

D.

Upon the fulfilling of such conditions as would have been applicable to the division of the real property at the time the then owner of record acquired such.

(Prior code § 18-118)

Every person submitting a tentative, final or parcel map shall pay a processing fee in an amount prescribed in subsection E of Section 16.36.040.

(Prior code § 18-116)

It is unlawful for any person, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, as a principal, agent or otherwise, to offer to sell, to contract to sell, lease or finance or to sell, lease or finance any subdivision of land or any part thereof in the city unless and until all the requirements herein provided have been complied with.

(Prior code § 18-119)

The violation of any of the provisions of this title constitutes a public nuisance.

(Prior code § 18-121)

Any person, firm, association, syndicate, corporation, partnership or trust or any other legal entity who violates any of the provisions or fails to comply with any of the requirements of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed $500.00 or by imprisonment not to exceed six months in the county jail, or by both fine and imprisonment.

(Prior code § 18-120)

Pursuant to the authority granted in Government Code Section 66499.33, the city council shall be empowered to file a suit in the Superior Court of San Benito County to enjoin or restrain any attempted or proposed subdivision of land or sale, lease or financing in violation of the Subdivision Map Act or the provisions of this chapter.

(Prior code § 18-122)

Pursuant to the authority contained in Government Code Section 66499.36, whenever the secretary of the planning commission of the city has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of this chapter, the secretary shall cause to be filed for record with the county recorder a notice of the violation describing the land in detail, naming the owners thereof and describing the violation.

(Prior code § 18-123)

Attention is directed to the provisions of Government Code Section 66499.32 authorizing the voidability of a conveyance of land subdivided in violation of the provisions of the Subdivision Map Act or this title.

(Prior code § 18-125; Editorially amended during 1998 codification)

The remedies for enforcement provided in this chapter are cumulative and not exclusive. The remedies for enforcement provided in this chapter are also in addition to such other remedies for enforcement as the law may allow.

(Prior code § 18-126)