Chapter 16.01
PURPOSE AND APPLICABILITY
Sections:
16.01.060 Consistency with the general plan.
16.01.070 Conflicting requirements.
16.01.080 Status of covenants and agreements.
16.01.010 Title.
This title is known as the subdivision ordinance of the city of San Jacinto, hereinafter referred to as the title. (Ord. 22-12 § 3 (Exh. A))
16.01.020 Purpose and intent.
The purpose of this title is to provide the city with legal authority for the review of the design and improvement of subdivisions and the processing of any proposed division, consolidation, and/or reconfiguration of land within the city. (Ord. 22-12 § 3 (Exh. A))
16.01.030 Authority.
This title is adopted pursuant to the authority reserved to the city by Article XI, Section 7, of the California Constitution and the authority granted to the city by Section 66411 of the Government Code to supplement and implement the California Subdivision Map Act, Section 66410 et seq. of the Government Code, as may be amended from time to time, hereinafter referred to as the Map Act. (Ord. 22-12 § 3 (Exh. A))
16.01.040 Applicability.
This title shall apply to any division, consolidation, and/or reconfiguration of land within the city, except as identified in Section 16.01.050 (Exceptions), and any division, consolidation, and/or reconfiguration submitted to the city concurrently with an application to annex land into the city. This title shall govern the preparation, processing, and approval of all tentative maps, final maps, parcel maps, lot line adjustments, parcel mergers, reversions to acreage, and waivers and all other actions regulated hereby. Any other matter not regulated by this title shall be regulated by the Map Act. (Ord. 22-12 § 3 (Exh. A))
16.01.050 Exceptions.
The following are excepted from Division 2 of Title 7 of the Government Code and this title. These exceptions are described more fully in Government Code Section 66412 et seq.:
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 to cemetery purposes under the Health and Safety Code.
D. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.
E. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.
F. The conversion of a community apartment project (Government Code Section 66412(g)).
G. The financing or leasing or 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 city ordinances regulating design and improvement.
H. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
I. The financing or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2 of the Government Code; however, this title shall apply to the sale or transfer of those units.
J. Leasing of agricultural land for agricultural purposes, meaning the cultivation of food or fiber, or the grazing or pasturing of livestock.
K. The leasing or licensing of a portion of a parcel or the granting of an easement, use permit, or similar right for the purpose of financing, erection, sale, or lease of:
1. Wind-powered electrical generation facilities (Government Code Section 66412(i));
2. Cellular radio transmission facilities (Government Code Section 66412(j));
3. Solar electrical generation facilities (Government Code Section 66412(l)); or
4. Certain agricultural waste projects (Government Code Section 66412(m)).
L. Conveyance of land to or from a government agency, public entity, or public utility, unless a showing is made in individual cases based on substantial evidence that public policy necessitates a parcel map.
M. Conveyance of land to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases based on substantial evidence that public policy necessitates a parcel map. (Ord. 22-12 § 3 (Exh. A))
16.01.060 Consistency with the general plan.
No division, consolidation, and/or reconfiguration of land within the city pursuant to this title is to be approved for processing under this title unless it is consistent with the general plan. In the event of any conflict between this title and the general plan, the general plan shall prevail. In the event this title becomes inconsistent with the general plan by reason of an amendment thereto or an element thereof, this title shall be amended within a reasonable time so that it is consistent with the general plan as amended. (Ord. 22-12 § 3 (Exh. A))
16.01.070 Conflicting requirements.
The provisions of this title shall not be deemed or construed to repeal, amend, modify, alter, or change any other city ordinance or provision of law not specifically repealed, amended, modified, altered, or changed herein. In the event the provisions of this title conflict with any other city ordinance or provision of law, the more restrictive of any such provision shall apply, except as follows:
A. Specific Plans. Where a specific plan has been adopted containing specific development standards, design, and/or improvement standards that conflict with this title, the specific plan shall supersede the requirements of this title.
B. Development Agreements. Where a development agreement has been adopted containing specific development standards, design, and/or improvement standards that conflict with this title, the development agreement shall supersede the requirements of this title. (Ord. 22-12 § 3 (Exh. A))
16.01.080 Status of covenants and agreements.
The provisions of this title are not intended to abrogate any legally adopted easements, covenants, or other agreements which are more restrictive than the provisions of this title. (Ord. 22-12 § 3 (Exh. A))
16.01.090 Severability.
Should any section, chapter, paragraph, phrase, or any portion of this title be declared unconstitutional or invalid or set aside by any court of competent authority, such action shall not affect other sections, chapters, paragraphs, phrases, or parts hereof, as adopted or amended. (Ord. 22-12 § 3 (Exh. A))