Chapter 23.03 — MAPS REQUIRED
San Benito County Municipal Code · 2026-09 edition · updated 2026-09-30 · San Benito County
Section
- 23.03.001 General
- 23.03.002 Subdivision; five or more parcels
- 23.03.003 Subdivision; four or fewer parcels
§ 23.03.001 GENERAL.¶
The necessity of tentative, final and parcel maps shall be governed by the provision of this chapter. (1966 Code, § 17-8) (Ord. 617, § 2(part))
§ 23.03.002 SUBDIVISION; FIVE OR MORE PARCELS.¶
(A) A tentative and final map shall be required for all subdivisions when determined by the Planning Department that the
land may be divided into five or more parcels, five or more condominiums, a community apartment project containing five or more parcels or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where: (1) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the county; (2) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; (3) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; and/or (4) Each parcel created by the division has a gross area of not less than 40 acres or not less than a quarter of a quarter section. (B) A tentative and parcel map shall be required for those subdivisions described in divisions (A)(1) through (4), unless waived by the Planning Commission in accordance with the provisions of Cal. Gov’t Code § 66428 and § 23.11.008 of this title. (1966 Code, § 17-9) (Ord. 617, § 2(part))
§ 23.03.003 SUBDIVISION; FOUR OR FEWER PARCELS.¶
(A) A tentative and parcel map shall be required for all divisions of land creating four or fewer parcels, except that maps shall not be required for: (1) Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Cal. Public Utilities Code § 230, which are created by short-term leases terminable by either party on not more than 30 days’ written notice; (2) Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way, unless a finding is made, in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this division, public policy will necessitate a parcel map when the conveyance appears to conflict with county ordinances or the general plan of the county. Any transaction purporting to fall within this division must be reviewed and acted upon by the Planning Director. (B) The requirements for a parcel may be waived in accordance with the provisions of Cal. Gov’t Code § 66428 and § 23.11.008 of this title. (1966 Code, § 17-10) (Ord. 617, § 2(part))
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