Chapter 87.01 — SUBDIVISION ORDINANCE APPLICABILITY AND ADMINISTRATION

This Division constitutes the San Bernardino County Subdivision Ordinance. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, Government Code §§ 66410 et seq. (hereafter referred to as the “Map Act”). This Division is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.

(Ord. 4011, passed - -2007)

This Division is adopted in compliance with the Map Act as a “local ordinance,” as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated into this Division shall, nevertheless, apply to all subdivision maps and proceedings under this Division. (Ord. 4011, passed - -2007)

(a) Subdivision Approval Required. Each subdivision of land within the County shall be authorized through the approval of a map or other entitlement in compliance with this Division.

(b) Conflicts with Map Act. In the event of any conflicts between the provisions of this Division and the Map Act, the Map Act shall control.

(C) Compliance with Other Regulations Required. The approval or conditional approval of a subdivision map shall not authorize an exception or deviation from any zoning regulation in this Development Code, or as an approval to proceed with any development in violation of other applicable provisions of the County Code or other applicable ordinances or regulations of the County.

(Ord. 4011, passed - -2007)

Definitions of the technical terms and phrases used in this Division are located in Division 10 (Definitions). (Ord. 4011, passed - -2007)

The Director and County Surveyor are authorized and directed to administer and enforce the provisions of this Division and applicable provisions of the Map Act for subdivisions within the County, except as otherwise provided by this Division.

(Ord. 4011, passed - -2007)

(a) Advisory Agency Established. The advisory agency for subdivision review as used in the Map Act shall be the Department.

• (b) Authority and Duties. The advisory agency shall perform the following duties, and as further detailed in §

87.01.070 (Authority for Subdivision Decisions):

• (1) Approve, conditionally approve, or disapprove Tentative Maps;

• (2) Recommend to the Commission for review and action on those projects being referred to the Commission.

• (3) Recommend to the Board the approval, conditional approval, or disapproval of requests for exceptions to the County’s design and improvement standards, in compliance with § 87.01.100 (Exceptions to Subdivision Standards);

• (4) Recommend modifications of the requirements of this Division;

• (5) Review and make recommendations concerning proposed subdivisions within incorporated cities in compliance with the Map Act when the advisory agency has elected to do so; and

• (6) Perform additional duties and exercise additional authorities as specified by law and by this Division.

(Ord. 4011, passed - -2007)

Table 87-1 (Subdivision Review Authority) identifies the County official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this Division.

(2) The Director may choose to not make a decision on a Tentative Map and may instead refer the matter to the Commission for hearing and a decision. See § 87.02.040(a) (Evaluation of application). (3) The Commission may choose to not make a decision on a Tentative Map and may instead refer the matter to the Board for hearing and a decision.

(Ord. 4011, passed - -2007)

Any subdivision of an existing parcel into two or more parcels shall require approval by the County in compliance with this Division. In general, the procedure for subdivision first requires the approval of a Tentative Map, and then the approval of a Parcel Map (for a subdivision that results in four or fewer parcels) or a Final Map (for a subdivision that results in five or more parcels) to complete the subdivision process. The County’s review of a Tentative Map evaluates the compliance of the proposed subdivision with County standards, and the appropriateness of the proposed subdivision design. Parcel and Final Maps are precise surveying documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the County Recorder.

(a) Tentative Map Requirements. The filing and approval of a Tentative Map is required for:

(1) A subdivision or resubdivision of four or fewer parcels, as authorized by Map Act § 66428; and

(2) A subdivision or resubdivision or of five or more parcels, and all other types of subdivisions required to have Tentative Map approval by Map Act § 66426.

(b) Parcel and Final Map Requirements. A Parcel or Final Map (see Chapter 87.03) shall be required as follows:

(1) Parcel Map. The filing and approval of a Parcel Map (Chapter 87.06) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Map Act Article 2, Chapter 1, except for the following subdivisions:

(A) Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the Director determines based on substantial evidence that public policy necessitates a Parcel Map, in an individual case, in compliance with Map Act § 66428;

(B) Rail Right-of-Way Leases. Subdivisions of a portion of the operating right-of-way of a railroad corporation as defined by the Public Utilities Code § 230, which are created by short-term leases (terminable by either party on not more than 30 days’ notice in writing); or

(C) Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with § 87.03.030 (Waiver of Parcel Map).

(2) Final Map. The filing and approval of a Final Map (Chapter 87.03) shall be required for a subdivision of five or more parcels, except a subdivision that is otherwise required to have a Parcel Map by Map Act § 66426.

(c) Exemptions from Subdivision Approval Requirements. The types of subdivisions identified by Map Act §§ 66411, 66412, 66412.1, 66412.2, and 66426.5, or other applicable Map Act provision as not being subject to the requirements of the Map Act, and/or not being considered to be divisions of land for the purposes of the Map Act, shall be exempt from the subdivision approval requirements of this Division. (Ord. 4011, passed - -2007)

A subdivision application deemed approved in compliance with Government Code §§ 65956 or 66452.1, 66452.2 or 66452.4, shall be subject to all applicable provisions of this Development Code, and any conditions imposed by the review authority, which shall be satisfied by the subdivider before a Building Permit is issued. A Parcel or Final Map filed for record after its Tentative Map is deemed approved shall remain subject to all the mandatory requirements of this Division and the Map Act, including Map Act §§ 66473, 66473.5, and 66474.

(Ord. 4011, passed - -2007)

An exception to a provision of Chapter 87.06 (Subdivision Design and Improvement Requirements) may be requested by a subdivider in compliance with this Section. An exception shall not be used to waive or modify a provision of the Map Act, or a provision of this Division that is duplicated or paraphrased from the Map Act.

(a) Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

(b) Filing and Processing. A request for an exception shall be filed and processed as follows.

(1) An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time.

(2) The approval of an exception shall not constitute approval of the Tentative Map and the approval or disapproval of an exception shall not extend the time limits for the expiration of the map established by § 87.02.120 (Tentative Map Time Limits and Expiration).

(3) An exception request may be filed after the approval of a Tentative Map, but shall be considered by the Tentative Map review authority using the same procedures as the original Tentative Map.

(c) Approval of Exception Requests. The Board shall have the authority to approve or disapprove exception requests in compliance with this Section. The Board shall not grant relief from a specified requirement or standard unless all of the following findings are first made:

(1) Due to special circumstances or conditions affecting this property, the strict application of Chapter 87.06 would create an unnecessary hardship;

(2) The exception is consistent with the intent of the requirements of Chapter 87.06 and does not constitute a grant of special privilege;

(3) The exception would not result in significant increased adverse environmental impacts compared to the strict application of the requirements of Chapter 87.06; and

(4) The granting of the exception will not be detrimental to the public health, safety, convenience, and general welfare or injurious to other property in the territory in which the property is situated.

(5) The exception will not affect the consistency of the proposed subdivision with the General Plan, any applicable community plan, or any applicable specific plan.

(d) Conditions of Approval. In granting an exception, the Board shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, convenience, and general welfare, and to mitigate any environmental impacts in compliance with California Environmental Quality Act (CEQA).

(Ord. 4011, passed - -2007)

A decision of the Director or Commission made in compliance with this Division may be appealed in compliance with Chapter 86.08 (Appeals) and Map Act § 66452.5.

(Ord. 4011, passed - -2007)

(a) Violations. A person who violates any provision of this Division shall be subject to the penalties specified by Map Act Division 2, Chapter 7, Article 1 and/or, where applicable, shall be guilty of a misdemeanor or infraction as specified in Chapter 86.09 of this Development Code (Enforcement).

(b) Prohibitions.

(1) Prohibition on Transfers.

(A) No person shall sell, lease, or finance any parcel or portion of a parcel of real property, or commence construction of any building for sale, lease, or financing on a parcel, except for model homes, or allow occupancy, for which a Parcel or Final Map is required by this Division and the Map Act, until a map in full compliance with this Division has been filed for record by the County Recorder.

(B) Conveyance of any part of a division of real property for which a Final or Parcel Map is required by this Division shall not be made by parcel or block number, initial or other designation, until the map has been filed for record by the County Recorder.

(2) Prohibition on Issuance of Permits.

(A) No officer, board, commission, agency, department, or special district of the County shall issue any permit or grant any approval necessary to develop any real property that has been divided, or that has resulted from a division, in violation of the provisions of this Division if it finds or is informed by the Director that development of the real property is contrary to the public health and safety. Before making a finding that the development of the real property is contrary to the public health and safety, the Director shall conduct a review.

(B) At the review, the Director shall consider all information and evidence submitted. The decision of the Director may be appealed in compliance with Map Act § 66452.5 to the Commission by any aggrieved person, or by a County officer, board, department, or agency. The authority to disapprove the permit or requested approval shall apply whether the applicant was the owner of the real property at the time of the violation, or whether the applicant, if the current owner of the real property, was with or without actual or constructive knowledge of the violation at the time of the violation, at the time of the acquisition of their interest in the real property. If any County officer, board, commission, agency, department, or special district issues any permit or grants approval for the development of real property, it may request a report from the Director and impose any additional conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property.

(C) For parcels created before March 4, 1972, notice of the review shall be given by registered mail to the owner of the real property as shown on the latest equalized assessment roll book. The review shall be held not less than 14 days nor more than 30 days after receipt by the owner of the notice of review.

(3) Statement of Limitations. This Section does not apply to any parcel of a subdivision offered for sale or lease, contract for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

(c) Remedies. If construction activity on property subject to a Parcel or Final Map is occurring contrary to the Map Act, a requirement of the Map, or any other Federal, State, or local law, rule, or ordinance, the Director may order the activity stopped by written notice served on any person responsible for the activity, in addition to the remedies outlined in Map Act Division 2, Chapter 7, Article 2. The responsible person shall immediately stop the activity until authorized by the Director to proceed. For the purposes of this Section, construction activities include, but are not limited to, grading, earth moving, and/or tree removal.

(Ord. 4011, passed - -2007)