Chapter 23.01 — GENERAL PROVISIONS

Section

• 23.01.001 Citation and authority
• 23.01.002 Purpose
• 23.01.003 Application
• 23.01.004 Definitions
• 23.01.005 Exclusions
• 23.01.006 Modification of requirements
• 23.01.007 Fees and deposits

This title is adopted pursuant to Article XI, § 7, of the California Constitution and the Subdivision Map Act (Cal. Gov’t Code §§ 66410 et seq.), and may be cited as the “Subdivision Ordinance of the County of San Benito”. (1966 Code, § 17-1) (Ord. 617, § 2(part))

(A) The purpose of this title is to implement and supplement the provisions of the Subdivision Map Act, as it presently exists or may hereafter be amended, regulating the division of land within the county. (B) Specifically, this title is intended to regulate and control the design and improvement of subdivisions, the form and content of all required maps, and the procedures to be followed in securing the official approval of the county regarding the maps. (C) To accomplish this purpose, the regulations contained in this title are determined to be necessary to preserve the public health, safety and general welfare; to promote orderly growth and development; to promote open space, conservation, protection and proper use of land; and to ensure provision for adequate infrastructure, traffic circulation, utilities and services in the county. (1966 Code, § 17-2) (Ord. 617, § 2(part))

The regulations set forth in this title shall apply to all or parts of subdivisions within the county and to the preparation of subdivision maps and other maps provided for by the Subdivision Map Act and this title. All subdivisions located wholly or partially within the county shall be created, and all subdivision maps and other maps provided for by the Subdivision Map Act and this title shall be prepared and presented for approval, as provided for in this title. The County Engineer shall be authorized and empowered to enforce the provisions of this title. (1966 Code, § 17-3) (Ord. 617, § 2(part))

(A) Except where alternate definitions are provided in this title or the context clearly requires a different usage, the definitions of words and phrases set forth in the Subdivision Map Act are hereby incorporated by reference as though fully set forth herein. (B) Except where the context clearly requires a different usage, the following words and phrases, whenever used in this title, shall be construed as defined in this section. APPROVED ACCESS. Right of access from a public road to the parcel or lot under consideration by fee or easement meeting the standards of the county. BOARD OF SUPERVISORS. The Board of Supervisors of the county. BUILDING ENVELOPE. The area within which all main and accessory buildings are constructed, placed or erected. CERTIFICATE OF COMPLIANCE. A document prepared and issued by the county, and intended for recordation, certifying that a unit or units of real property within the county are lots lawfully created and existing in compliance with the Subdivision Map Act and this title, and are capable of sale, lease or financing without further proceedings under this title. CLERK OF THE BOARD. The Clerk of the Board of Supervisors of the county. CODE. The code of the county. COMMUNITY APARTMENT PROJECT. As provided in Cal. Business and Professions Code § 11004. CONDOMINIUM. As provided in Cal. Civil Code § 1351. CONVERSION. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings. COUNTY COUNSEL. The County Counsel of the county. COUNTY ENGINEER. The County Engineer of the county. COUNTY RECORDER. The County Recorder of the county. COUNTY TAX COLLECTOR. The County Tax Collector of the county. COUNTY. The County of San Benito. DAY. A calendar day unless otherwise specified. DEAD-END ROAD. A road, constructed on or after January 1, 1992, that does not have two means of access (to county standards) to a county road. A "county road" is defined for this purpose as either existing, offered for dedication, accepted by

the county or an approved private road built to county standards. DEFENSIBLE SPACE. The area within the perimeter of any parcel, development, neighborhood or community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The "perimeter", as used in this title, is the area encompassing the parcel or parcels proposed for construction and/or development, excluding the physical structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, street names and building identification, and fuel modification measures. DEVELOPMENT REVIEW COMMITTEE. A committee consisting of representatives of the following departments: San Benito County Planning, Public Works, Assessor, Health, Water District and the appropriate Fire District. FINAL MAP. A map showing a subdivision of five or more parcels for which a tentative and final map are required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title, and designed to be recorded in the Office of the County Recorder. GENERAL PLAN. The general plan of the County of San Benito as it presently exists or may hereafter be amended. HOMEOWNERS ASSOCIATION. An organization of homeowners residing within a particular area whose principal purpose is to ensure the provision of and maintenance of community facilities and services for the common benefit of the residents. IMPROVEMENT. Specific improvements or types of improvements, the installation of which, either by the subdivider or by a combination of the subdivider, public agencies, private utilities or any other entity approved by the county, is necessary to ensure consistency with, or implementation of, the general plan, or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable. LIMITED-ACCESS ROAD. A non- vehicular access collector, arterial, expressway or freeway. LOT LINE ADJUSTMENT. A shift or rotation of an existing lot line or other adjustment where a greater number of parcels than originally existed is not created, considered in accordance with Cal. Gov't Code § 66412(d), § 23.01.005(D) of this title and Title 25 of the County Code, and recorded in the Office of the County Recorder. LOT or PARCEL. A unit or portion of real property separate from other units or portions by description, as on a final map or parcel map, or by such other map approved by the county under the provisions of the Subdivision Map Act and of county ordinances in effect at the time of the approval, for the purpose of sale, lease or financing. MAJOR SUBDIVISION. A subdivision of five or more parcels for which a tentative and final or parcel map are required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title, and designed to be recorded in the Office of the County Recorder. MERGER. The joining of two or more contiguous parcels of land under common ownership into one parcel in accordance with the provisions of the Subdivision Map Act and Chapter 23.21 of this title. MINOR SUBDIVISION. A subdivision of four or fewer parcels for which a tentative and parcel map are required by the Subdivision Map Act and this title, prepared in accordance with the provisions of the Subdivision Map Act and this title, and designed to be recorded in the Office of the County Recorder. NON-BUILDABLE AREA. A designated area of land or water that shall be restricted in the amount and intensity of development permitted by the Planning Commission. The designated areas shall reflect open space and resource conservation goals to limit residential, commercial and industrial development on productive agricultural lands, lands considered to have mineral resource value, lands subject to periodic flood inundation, lands within identified seismic hazard zones, steep slopes subject to landslides and/or erosion, lands of high scenic value, lands providing important wildlife habitat, lands considered to be of extreme fire hazard, and lands designated for park and recreation purposes. Unless otherwise permitted by the Planning Commission, areas designated as NON-BUILDABLE shall exclude the development of structures intended for permanent human occupancy including, but not limited to, single- or multiple-family dwellings, hotels, mobile home parks, schools, hospitals and other high-occupancy institutional buildings. Roads, utilities and other urban infrastructure may be permitted within a designated non-buildable area provided that the Planning Commission finds that the structures will not substantially disturb or cause the loss of important plant and animal habitat, surface water bodies and their primary recharge zones, agricultural lands, areas containing major mineral deposits, areas of outstanding scenic quality, areas of historic or prehistoric value, and parks. The non-buildable designation shall also be applied to restrict buildings, roads, utilities and other infrastructure within areas considered to be hazardous to public health and safety including, but not limited to, earthquake fault zones, unstable soil areas, floodplains, watersheds and high fire-risk zones. NON-DEVELOPMENT AREA. A designated area of land or water that shall be left in essentially unimproved condition for environmental safety, resource protection, recreational or other reason as may be specified by the Planning Commission. Without specific exception, the designated areas shall not be disturbed or altered by construction of structures, reconstruction of preexisting structures, relocation or enlargement of a structure, or the development of urban infrastructure such

sentially unimproved condition for environmental safety, resource protection, recreational or other reason as may be specified by the Planning Commission. Without specific exception, the designated areas shall not be disturbed or altered by construction of structures, reconstruction of preexisting structures, relocation or enlargement of a structure, or the development of urban infrastructure such as roads or sewers. With the exception of non- vehicular paths and trails, the topsoil and vegetative cover in non- development areas shall not be disturbed by grading, cultivation, trenching or similar construction and farming activities. PARCEL MAP. A map as defined in Cal. Gov't Code § 66426, subparagraphs a, b, c and d, of the Subdivision Map Act. PLANNED UNIT DEVELOPMENT. A development (other than a community apartment project, a condominium project,

or a stock cooperative) having either or both of the following features: (a) A common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area. (b) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned lot, parcel, or area in accordance with Cal. Civil Code § 1367. PLANNING COMMISSION. The Planning Commission of the county. PLANNING DEPARTMENT. The Planning Department of the county. PLANNING DIRECTOR. The Planning Director of the county. PUBLIC FACILITY. A facility or parcel owned by a governmental or quasi-governmental agency, including but not limited to schools, jails, offices, detention/retention ponds, parks and water facilities. PUBLIC WORKS DEPARTMENT. The Public Works Department of the county. REMAINDER. That portion of an existing parcel which is not designated on the required map as part of the subdivision. The REMAINDER shall not be considered as part of the subdivision but shall be shown on the required map as part of the area surrounding the subdivision. A REMAINDER of five acres or more need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the REMAINDER. REVERSION TO ACREAGE. The dissolution of a previously approved and recorded subdivision in accordance with the provisions of the Subdivision Map Act and Chapter 23.19 of this title. STOCK COOPERATIVE. As provided in Cal. Business and Professions Code § 11003.2. STREET FRONTAGE. The length of the lot line or fines that are collinear with the street line of the abutting road and not subject to the restricted vehicular access. SUBDIVISION MAP ACT. The Subdivision Map Act of the State of California (Cal. Gov't Code §§ 66410 et seq.) as it presently exists or may hereafter be amended. SUBDIVISION. The division, by any subdivider, of any unit or units 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 easement or railroad rights-of-way. SUBDIVISION includes a condominium project, as defined in Cal. Civil Code § 1351, a community apartment project, as defined in Cal. Business and Professions Code § 11004, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Cal. Business and Professions Code § 11003.2. As used in this section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock. TENTATIVE MAP. A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property. VESTING TENTATIVE MAP. A tentative map that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is submitted in accordance with Chapter 23.13 of this title, and is thereafter processed in accordance with the provisions of the Subdivision Map Act and this title. (1966 Code, §17-4) (Ord. 617, § 2(part); Ord. 855, § 1, 2010)

This title 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 Health and Safety Code; (D) (1) Subject to the requirements of Cal. Gov’t Code § 66412(d) and of this division, a lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where no additional parcels are thereby created. The parcels resulting from a lot line adjustment must conform to Titles 21 and 25 of this code. (2) The Planning Commission shall limit its review and approval to conformity to building and zoning ordinances. The Planning Commission may impose conditions or exactions on its approval to insure conformity with county building and zoning ordinances, to require the prepayment of real property taxes or to facilitate the relocation of existing utilities, infrastructure or easements. (3) The lot line adjustment shall be reflected in a deed, which shall be recorded, or a record of survey if required by Cal.

Business and Professions Code § 8762, either of which shall be recorded with the County Recorder. (E) Boundary line or exchange agreements to which the state’s Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party; (F) Any separate assessment under Cal. Revenue and Taxation Code § 2188.7; (G) Subject to the requirements of Cal. Gov’t Code § 66412(g), the conversion of a community apartment project to a condominium; (H) Subject to the requirements of Cal. Gov’t Code § 66412(h), the conversion of a stock cooperative to a condominium; (I) The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection and sale or lease of a wind-powered electrical general device on the land, if the project is subject to discretionary action by the county; (J) The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other county ordinances regulating design and improvements; (K) The financing or leasing of existing separate commercial or industrial buildings on a single parcel; (L) The construction, financing or leasing of dwelling units pursuant to § 65852.1 or second units pursuant to Cal. Gov’t Code § 65852.2, but this title shall apply to the sale or transfer, but not leasing, of those units; (M) Leasing of agricultural land for agricultural purposes, including cultivation of food or fiber, and the grazing or pasturing of livestock; and (N) Any other exclusions mandated by the Subdivision Map Act. (1966 Code, § 17-5) (Ord. 617, § 2(part); Ord. 694, § 2)

Whenever the opinion of the Planning Commission or the Board of Supervisors, the land involved in any 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 that is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this title, the Planning Commission or the Board of Supervisors may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act. (1966 Code, § 17-6) (Ord. 617, § 2(part))

All persons submitting applications for the approval of maps pursuant to this ordinance or for other approvals as required by this title shall pay all fees and/or deposits as provided by this title and by the Board of Supervisor’s resolution or resolutions establishing applicable fees and deposits. The resolution or resolutions are hereby incorporated by this reference as though fully set forth herein. (1966 Code, § 17-7) (Ord. 617, § 2(part))