Chapter 10-2 SUBDIVISIONS

This Chapter shall regulate subdivision within the incorporated area of the City of San Juan Bautista pursuant to the Subdivision Map Act of the State of California.

10-2-110 Purpose.

It is the purpose of this Chapter to promote the public health, safety, and general welfare; to assure in the division of land consistent with the policies of the City of San Juan Bautista General Plan, any applicable specific plan of the City of San Juan Bautista, and with the intent and provisions of the City of San Juan Bautista Zoning Ordinance; to coordinate lot design, street patterns, rights-of-way, utilities and public facilities with community and neighborhood plans; to assure that areas dedicated for public purposes will be properly improved initially so as not to be a future burden upon the community; to preserve natural resources and prevent environmental damage; to maintain suitable standards to insure adequate, safe building sites; and, to prevent hazard to life and property. It is the purpose of this Chapter to comply in every regard to the latest edition of the State of California’s Subdivision Map Act. If any provision of this Chapter is in conflict with the Subdivision Map Act, the provisions in the Map Act will prevail.

10-2-115 General responsibilities.

In addition to the specific responsibilities set forth herein, the following agencies and officers, or their duly authorized representatives, shall have the general responsibilities hereby designated.

(A) The Planning Commission is the advisory agency for the approval or disapproval of tentative parcel maps and tentative subdivision maps. The Planning Director or his/her designated representative is the advisory agency for any other subdivision matters and is responsible for analyzing the design and coordinating the processing of proposed subdivisions within the City departments and public agencies and, upon appeal, reporting thereon to the City Council.

(B) The City Engineer, as specified in the Subdivision Map Act, is responsible for determining if proposed subdivisions comply with provisions of the Subdivision Map Act and this Chapter, reporting whether the proposed improvements are consistent with the design and improvement standards specified or referred to in this Chapter, for the inspection and ultimate approval of all such improvements, and for making recommendations on the granting of variances under SJBMC 10-2-640.

(D) The Building Official/City Manager is responsible for enforcing the provisions of this Chapter, except for such matters that are in the jurisdiction of the City Engineer. For such purpose, the Building Official/City Manager shall have the power to issue citations, cease and desist orders and other appropriate orders involving violations of provisions of this Chapter.

(E) The City of San Juan Bautista is responsible for establishing and enforcing requirements for water supply, water recycling, wastewater collection, wastewater treatment, and wastewater disposal. This responsibility includes but is not limited to ensuring the quality of the necessary infrastructure to provide these services, the operation and maintenance of these facilities, and the inspection of all the construction of these facilities which has the potential to impact the services provided.

(F) The City Attorney is responsible for approving as to form all agreements relating to proposed subdivisions.

(G) The Planning Commission is responsible for approving, conditionally approving or denying tentative maps. The City Council is responsible for approving, conditionally approving or denying final maps and improvement agreements. The City Council shall consider for acceptance lands and/or improvements proposed for dedication to the City in subdivisions of five (5) or more parcels. The City Council is the appeal body for any decisions of the Planning Commission or other decisions as specified in this Chapter.

10-2-120 Exceptions.

This Chapter 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.

(D) A lot line adjustment between two (2) or more existing adjacent parcels, where the land taken from one (1) parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, provided the lot line adjustment is approved by the City Engineer.

(E) Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code for community apartment or cooperative housing projects.

(F) The conversion of a community apartment project or a stock cooperative to a condominium if the requirements of Sections 66412(g) and (h) of the Subdivision Map Act are met.

(G) The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under the ordinances regulating design and improvements.

(H) The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

(I) Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.

(J) The conversion of a mobile home park to a condominium unless any of the requirements of Section 66428.1 of the Subdivision Map Act are met.

10-2-125 Modification of requirements.

Whenever the land involved in any subdivision of five (5) or more units is found to be of a size or shape, or is subject to title limitations of record, or is affected by topographical location or conditions, or is otherwise restricted that it is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this Chapter, the City Council may make modifications as are reasonably necessary or expedient provided findings are established that the subdivision is in conformity with the Subdivision Map Act, the General Plan, and applicable precise plan and zoning regulations. In the case of subdivisions of four (4) or less units, this determination may be made by the City Manager or City Planner with the concurrence of the City Engineer.

10-2-130 Validity.

If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council of the City of San Juan Bautista, in the County of San Benito, State of California, hereby declares that it would have adopted this Chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared invalid or unconstitutional.

Article 2. Definitions and Responsibilities

10-2-200 Definitions.

(A) “Block” means the area of land within a subdivision which is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.

(B) “Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel or real property together with a separate interest in space in a residential, industrial, or commercial building on the real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of the real property.

(C) “Conversion” means the creation of separate ownership of existing real property together with a separate interest in space of residential, industrial, or commercial buildings.

(D) “Design” means:

(1) Street alignments, grades, and widths;

(2) Drainage and sanitary facilities and utilities, including alignments and grades;

(3) Location and size of all required easements and rights-of-way;

(4) Fire roads and fire breaks;

(5) Lot size and configuration;

(6) Traffic access;

(7) Grading;

(8) Land to be dedicated for park or recreation purposes; and

(9) Other specific requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific or precise plan.

(E) “Developable acreage” means the acreage that is being developed as part of the subdivision in question as shown on the approved tentative map. It shall include the areas lotted for residential uses including streets but does not include open space parcels such as creeks, ridgelines, and other areas not allowed to be built upon by the General Plan or other City policies.

(F) “Development” means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of and construction on the land.

(G) “Environmental impact report (EIR)” means a detailed statement under the California Environmental Quality Act (CEQA) describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the negative effects. The contents of the EIR are contained in the State CEQA Guidelines as adopted by the City.

(H) “Final map” means a map showing a subdivision for which a tentative and final map are required by the Subdivision Map Act or this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act designed to be recorded in the office of the County Recorder.

(I) “General Plan” means the General Plan of the City of San Juan Bautista, as amended.

(J) “Improvement” means any streets, storm drainage facilities, utilities, and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map. Any other specific improvements or type of improvements, the installation of which, either by or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the City, is necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific or precise plan. Improvements shall be constructed in accordance with the City of San Juan Bautista design standards and standard specifications and/or, when applicable, with standards as adopted by local utility companies and approved by the City Engineer.

(K) “Lot” means a parcel or portion of land separated from other parcels or portions by description, as on a subdivision, parcel, or record-of-survey map, or by metes and bounds, for purpose of sale, lease, or separate use.

(L) “Lot consolidation” means the joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) parcel.

(M) “Lot line adjustment” means a minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created, as approved by the City Engineer.

(N) “Merger” means the joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) conforming parcel.

(O) “Parcel map” means a map showing a division of land of four (4) or fewer parcels as required by this Chapter, prepared in accord with the provisions of this Chapter and the Subdivision Map Act.

(P) “Peripheral street” means an existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.

(Q) “Private street” means any street, access way, or the like, lying in whole or in part within a subdivision which is privately held and maintained, and which is utilized as access to a development.

(R) “Remainder” means that portion of an existing parcel which is not included as part of the subdivided land for purpose of sale, lease, or financing. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development.

(S) “Subdivider” means a person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for oneself or for others. Employees and consultants of persons or entities, acting in that capacity, are not “subdividers.”

(T) “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved contiguous land 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. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights-of-way. “Subdivision” includes a condominium project, as defined herein or in Section 1350 of the Civil Code, or a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. “Subdivision” includes any division of land by gift, inheritance, or court-ordered partitioning. Any conveyance of land to a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to that public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.

(U) “Subdivision Map Act (SMA)” means State of California Government Code Sections 66410 to 66499.

(V) “Tentative map” means a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.

(W) “Vesting tentative map” means a map which meets the requirements of a tentative map and has the words “Vesting Tentative Map” conspicuously printed on it. The vesting tentative map conveys development rights according to SJBMC 10-2-1015.

(X) “Zoning Ordinance” means Title 11 of the City of San Juan Bautista Municipal Code, or any ordinance enacted under zoning law.

Article 3. Enforcement of Chapter Provisions

10-2-300 Prohibition.

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

(B) Conveyance of any part of a division of real property for which a final or parcel map is required shall not be made by parcel or block number, letter, or other designation, unless and until such map has been filed for record by the County Recorder.

(C) This Section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted 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.

(D) Nothing contained in subsection (A) of this Section shall prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease, or financing, or the commencement of construction is expressly conditioned upon the approval and filing of a final or parcel map.

10-2-305 Compliance.

No real property, or portion thereof, shown on the latest equalized County assessment roll as a unit or contiguous units and lying wholly or partially within the City of San Juan Bautista shall be divided into two (2) or more parcels for the purpose of sale, lease, conveyance, or financing, whether immediate or future, unless prior thereto a tentative map is acted upon and a final map or parcel map has been filed in accordance with the provisions of this Chapter, except for the cases of subdivisions for which the Planning Commission waives the requirement for filing a parcel map based on the findings:

(A) That the proposed subdivision complies with requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this Chapter;

(B) That waiving the parcel map will not be materially detrimental to the public welfare;

(D) All adopted ultimate road right-of-way fronting or through the parcels has been dedicated to or purchased by the City.

10-2-310 Remedies.

(A) Any deed of conveyance, sale, or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this Chapter or Subdivision Map Act, is voidable at the sole option of the grantee, buyer, or person contracting to purchase, any heir, personal representative, or trustee in insolvency or bankruptcy within one (1) year after the date of discovery of the violation. The deed of conveyance, sale, or contract to sell is binding upon any successor in interest of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or any assignee, heir, or devisee.

(B) Any grantee, or successor in interest, of real property which has been divided, or which has resulted from a division, in violation of the provisions of this Chapter or the Subdivision Map Act may, within one (1) year of the date of discovery of such violation, bring an action in the Superior Court to recover any damages suffered by reason of the division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.

(C) The provisions of this Section shall not apply to the conveyance of any parcel of real property identified in a recorded certificate of compliance filed or identified in a recorded final or parcel map, from and after the date of recording.

The provisions of this Section shall not limit or affect in any way the rights of a grantee or successor in interest under any other provision of law.

(D) This Section does not bar any legal, equitable, or summary remedy to which the City or other public agency, or any person, firm, or corporation may otherwise be entitled, and the City or other public agency, or any person, firm, or corporation may file a suit in the Superior Court of San Benito County to restrain or enjoin any attempted or proposed subdivision for sale, lease, or financing in violation of this Chapter or the Subdivision Map Act.

(E) The City shall not issue a permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this Chapter or the Subdivision Map Act if it finds that development of the real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property.

(F) The City, in issuing a permit or granting approval for the development of any real property illegally subdivided, may impose those conditions which would have been applicable to the division of the property at the time the current owner of record acquired the property, including the approval and filing of a subdivision map and any conditions relating to the violation. If the property has the same owner of record as at the time of the initial violation, the City may impose conditions applicable to a current division of the property, including the approval and filing of a subdivision map and any conditions relating to the violation. If a conditional certificate of compliance has been filed for record, only those conditions stipulated therein shall be applicable.

Such a certificate does not entitle the owner to a building permit or other grant of development approval absent compliance with other requirements for such building permit or development approval.

10-2-315 Certificate of compliance.

(A) Any person owning real property may request the City Manager to determine whether the parcel(s) in question complies with the provisions of this Chapter and the Subdivision Map Act. Such a request shall consist of a letter addressed to the City Manager that includes the name(s) of current owners of record, assessor’s parcel number(s), assessor’s parcel map(s) with boundaries highlighted of the parcel(s) in question, and evidence indicating the legality of the parcel(s) at the time of the creation of said parcel(s).

(B) The City Manager may require additional information from the applicant at any time. Upon making a determination of the legal status of said parcel(s), the City Manager shall cause a certificate of compliance or conditional certificate of compliance to be filed for record with the County Recorder. The certificate of compliance or conditional certificate of compliance shall identify the parcel(s) and shall include a statement concerning the legal status of said parcel(s). Such a certificate does not entitle the owner of said parcel(s) to a building permit or other grant of development approval absent compliance with other requirements for such building permit or development approval, or any applicable conditions imposed.

(C) If the City Manager determines that the parcel(s) in question violate the provisions of this Chapter or the Subdivision Map Act, the City Manager may, as a condition to granting a certificate of compliance, impose conditions according to SJBMC 10-2-310(F). Upon making such a determination and establishing conditions, the City Manager or authorized representative shall file a conditional certificate of compliance for recording with County Recorder. The certificate shall serve as notice to the owner who has applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the parcel(s), that the fulfillment and implementation of the conditions shall be required prior to the parcel(s) in question being deemed legal parcel(s) for the purpose of sale, lease, or financing and prior to the issuance of a building permit or other grant of approval for development of the parcel(s).

The issuance of a conditional certificate of compliance is not a warranty that a violation can be cured or that a building permit or other grant of approval will be issued.

Compliance with the conditions shall not be required until a permit or other grant of approval for development of the property is issued.

(D) A recorded final or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(E) (1) For purposes of administration of this Section, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if at the time of the creation of the parcel there was compliance with any local ordinance or there was no local ordinance in effect which regulated divisions of land creating fewer than five (5) parcels.

(2) Any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent purchaser acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of this division or the local ordinance.

Owners of parcels or units of land affected by the provisions of this Subsection shall be required to obtain a certificate of compliance or a conditional certificate of compliance pursuant to this Section prior to obtaining a permit or other grant of approval for development of the parcel or unit of land. For purposes of determining whether the parcel or unit of land complies with the provisions of this Chapter, as required pursuant to Subdivision Map Act Section 66499.35(a), the presumption declared in this subsection shall not be operative.

(F) A fee in accordance with the City’s resolution establishing fees and charges shall be charged to the applicant for making the determination and processing the certificate of compliance. A deposit may be required to be applied toward this fee.

10-2-320 Certificate of noncompliance.

If the City Manager or authorized representative has knowledge that real property has been divided in violation of the provision of this Chapter or the Subdivision Map Act, a notice of intention to record a notice of violation shall be mailed by certified mail to the then current owner of record of the property. The notice shall describe the property in detail, name the owner(s), describe the violation, with explanation as to why the property is not lawful, and state that the owner will be given opportunity to present evidence. The notice shall specify the date, time, and place for a meeting at which the owner may present evidence to the City Manager why a notice of violation should be not be recorded. The meeting shall take place no sooner than thirty (30) days and no later than sixty (60) days from date of mailing. If, within fifteen (15) days of receipt of the notice, the owner of the real property fails to inform the City of his or her objection to recording the notice of violation, the City Manager shall record the notice of violation with the County Recorder. If, after the owner has presented evidence, it is determined that there has been no violation, the City shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, the City Council determines that the property has in fact been illegally divided, the City Clerk shall record the notice of violation with the County Recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. The County Recorder shall index the names of the fee owners in the general index.

Article 4. Maps Required

10-2-400 General.

The necessity for tentative or vesting tentative, final, and parcel maps shall be governed by the provisions of this Chapter.

10-2-405 Division of land – Five (5) or more parcels.

A preliminary, tentative, or vesting tentative, and final map shall be required for all divisions of land creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five (5) or more dwelling units, or the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where:

(A) The land before division contains less than five (5) acres, and each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or

(B) Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or

(C) 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.

A parcel map shall be required for these subdivisions described in subsections (A), (B) and (C) of this Section.

10-2-410 Division of land – Four (4) or fewer parcels.

A tentative map and parcel map shall not be required for:

(A) Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code, which are created by short-term leases terminable by either party on not more than thirty (30) days’ notice in writing.

(B) 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 showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map.

(1) No additional parcels or building sites have been created;

(2) The adjustment does not create the potential to further divide any of the original parcels into more parcels than would have been otherwise possible;

(3) There are no resulting violations of the San Juan Bautista Municipal Code.

(D) Parcel maps waived by the City Engineer as provided by SJBMC 10-2-305.

A plat map with property description, in a form as required by the City Engineer, and a certificate of compliance shall be required for lot line adjustments, mergers, and parcel map waivers.

10-2-415 Fees and deposits.

All persons submitting maps as required by this Chapter shall pay all fees and/or deposits as provided by the City’s resolution establishing fees and charges.

Article 5. Tentative Maps

10-2-500 Persons authorized to prepare.

All tentative maps of subdivisions of five (5) or more lots shall be prepared by a registered civil engineer or licensed land surveyor. All other tentative maps may be prepared by any person.

10-2-505 Filing.

The time of filing shall be the time at which an application, the prescribed number of copies of the tentative map in the form required and the filing fee are received by the City Manager.

10-2-510 Form and contents of tentative map.

The form of the tentative map and the number of copies required for filing shall include:

(A) Name and address of legal owner, subdivider, and person preparing the map, including registration number or license number.

(B) Assessor’s parcel number.

(D) Existing and proposed land use.

(E) A vicinity map sufficient to show the relation to the local community.

(F) Existing topography and environmental setting of the site and at least one hundred feet (100′) from its boundary, including but not limited to:

(1) Existing contours at two-foot (2′) intervals, if the existing ground slope is less than ten percent (10%) and not less than five-foot (5′) intervals for existing ground slopes of ten percent (10%) or more. Existing contours shall be represented by screened or dashed lines.

(2) Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so indicated.

(3) The approximate location and outline of existing structures identified by the type. Structures to be removed shall be so marked.

(4) The location, width, and direction of flow of each watercourse.

(5) The location, pavement, right-of-way width, grade, and name of existing streets or highways.

(6) The location, size, and slope of existing storm drains. The location of existing overhead utility lines on peripheral streets.

(7) The location, width, and identity of existing easements.

(G) Any improvements proposed by the subdivider shall be shown.

(H) If the site is to be graded, proposed contours shall be shown or an approved grading plan shall be submitted, prepared by a civil engineer registered by the State of California.

(I) The proposed lot layout and lot areas.

(J) Proposed easements or rights-of-way.

(K) A preliminary report of title showing the legal owners at the time of filing of the parcel map.

(L) A soils and/or engineering geology report prepared by a soils engineer and/or a geologist certified in engineering geology by the State of California, may be required by the City Engineer.

(M) A “will serve” letter from the agency proposed to provide sewer and water service to the proposed subdivision.

The City Engineer may waive any of the above requirements if the additional information is deemed to be unnecessary.

10-2-515 Submittal to City Manager.

Any person making a division of land for which a parcel map is required shall, in accordance with the provisions of this Article, file prints of the parcel map, site plan, together with any application fees as may be required, with the City Manager.

The parcel map application shall consist of the number of maps determined by the City Manager and all required supporting information. The application shall be submitted together with any application fees to the City Manager.

10-2-520 Hearing.

The Planning Commission shall conduct a noticed public hearing on all subdivisions. Hearing procedures shall be established by the Planning Commission.

10-2-525 Public notice.

The Planning Commission shall give public notice of the time and place of hearing on a subdivision by posting notices not less than ten (10) days prior to the initial hearing on the matter. The notice shall include a brief description of the location and design of the subdivision. Notices shall be placed not more than fifty feet (50′) apart along each street abutting the proposed subdivision extending at least three hundred feet (300′) beyond the subdivision. In event of an appeal, this form of public notice shall be given in addition to that required under SJBMC 10-2-540.

10-2-530 Action – Subdivision.

The Planning Commission shall approve, conditionally approve, or disapprove tentative maps of subdivisions within fifty (50) days after certification of the environmental impact report, adoption of a negative declaration, or a determination by the City Manager that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. Conditions of approval may include, but are not limited to, dedication and improvement of streets, alleys, including access rights and abutter’s rights, drainage, public utility easements and other public easements, and all such matters as may in the opinion of the Planning Commission be appropriate.

10-2-535 Conformance to City of San Juan Bautista ordinances.

No tentative map shall be approved which is not in conformance with the provisions of this Chapter, the City of San Juan Bautista Zoning Ordinance and any other ordinance of the City of San Juan Bautista. The applicant shall be responsible for attaining conformance with the tentative map requirements of other agencies.

10-2-540 Appeals.

(A) The City Council shall be the Appeal Board.

(B) As used herein, the term “interested person adversely affected” means any City department, public agency, public utility, or any person claiming that the decision is likely to result in personal economic loss or damage to his property.

(C) Within ten (10) calendar days after action, the subdivider or any interested person may appeal any action of the Planning Commission to the City Council. Appeals to the City Council shall be submitted in writing to the City Clerk. Said appeals shall reference the project and tentative map number and shall state fully the nature and extent of the appeal, how the Planning Commission erred in their decision, and the reasons why it is taken. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5 and subsection (D) of this Section.

(D) Whenever a public hearing is held pursuant to this Section, it shall be conducted as required by Government Code Section 66451.3. Notice of the time and place thereof, and the general description of the location of the proposed subdivision, shall be given at least ten (10) days before the hearing by publication once in a newspaper of general circulation in the City of San Juan Bautista. Any interested person may appear at such hearing and shall be heard.

10-2-545 Time for action or report.

Any of the time limits for action or report may be extended by mutual consent of the subdivider and the Planning Commission. Failure of the Planning Commission or City Council to act within the time limits specified herein or in the Subdivision Map Act shall be remedied as specified in the Subdivision Map Act for inaction on tentative maps of subdivisions.

10-2-550 Effective period.

The approval of a tentative map shall be effective for two (2) years. Upon application of the subdivider filed prior to the expiration of the map, an extension of the effective period up to three (3) years may be granted or conditionally granted by the Planning Commission, upon the determination that circumstances under which the map was approved have not changed to the extent which would warrant a change in the design or improvement of the tentative map.

Article 6. General Requirements and Standards

10-2-600 General requirements.

In addition to meeting the specific requirements of this Chapter, the design of the subdivision shall, to the satisfaction of the Planning Commission, conform to the land use and circulation policies of the City of San Juan Bautista General Plan and its component elements and any other officially adopted specific plan or land development policy, and shall conform to the City of San Juan Bautista Zoning Ordinance, and to any applicable officially adopted standards for streets and roads, grading, erosion and siltation control, seismic safety, and design standards adopted by the utility, fire protection, sanitary, flood control districts or other public entity having jurisdiction in which the land division is located. The size and alignment of streets and walks and the location and configuration of sites for lots, schools, parks, and similar facilities shall be coordinated with the anticipated requirements of the future population, the physical characteristics of the land, and the environmental requirements of the surrounding community to produce an optimum human habitat.

10-2-605 Street alignment.

The centerlines of all streets and highways which are to be extended shall be the continuation of the centerlines of existing streets and highways in adjacent and contiguous territory. In cases in which the straight continuations are not desirable, the centerlines may be continued by curves tangent at the intersection with the boundaries of the proposed subdivision to the centerlines of existing streets or highways.

10-2-610 Street and alley grades and widths.

(A) Grades of all streets and alleys shall be established so that the subdivision is properly drained and shall conform as nearly as possible to the natural topography of the property. Minimum street grade is one percent (1%). Maximum street grade is twelve percent (12%).

(B) Where a subdivision adjoins acreage, provision may be made for reasonable future access to the acreage.

(C) The widths of streets and rights-of-way shall be based on the width of streets and rights-of-way of which they are a continuation, and shall conform to such standards as may be adopted from time to time by resolution of the City Council.

10-2-615 Lots.

(A) Lots shall be designated to meet or exceed the minimum standard for area, median lot width, and effective lot frontage specified for the City of San Juan Bautista Zoning Ordinance for the zoning district in which the subdivision is located.

(B) Lots, and the grading thereof, shall be of a size and shape to accommodate the use that reasonably could be expected to occur under existing zoning with consideration given to the limitations of topography and soil conditions, and the need for providing access, privacy and preserving natural features of significance.

10-2-620 Grading.

Subdivision grading shall conform with the intent, general requirements and lot design requirements of this Chapter, shall be consistent with recommendations contained in the soils-geologic investigation report, and shall specifically conform with all design standards and criteria contained in the City of San Juan Bautista Grading Ordinance. All such design standards and criteria are incorporated herein by reference.

10-2-625 Erosion and siltation control.

Erosion and siltation control facilities shall control and contain erosion-caused silt deposits and provide for the safe discharge of silt-free storm waters into existing storm drain facilities and natural watercourses.

(A) Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion.

(B) Debris Basins. Debris basins shall be installed prior to commencing grading operation and shall be maintained until the erosion and siltation control measures have been installed and are fully effective.

(C) Temporary Debris Basins. Temporary debris basins shall be installed prior to commencing grading operation and shall be maintained until the erosion and siltation control measures have been installed and are fully effective.

(D) Erosion and siltation control measures shall be consistent with the recommendations contained in the preliminary soils investigation report and the report evaluating the geological conditions present.

10-2-630 Dedications.

The Planning Commission may require dedications or offers of dedication for any purpose specified in Article 3 of Chapter 4 of the Subdivision Map Act subject to the procedures and qualifications specified herein.

10-2-635 Reservations.

(A) General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries, water, water recycling and wastewater facilities, or other public uses according to the standards and formula contained in this Section.

(B) Standards for Reservation of Land. Where a park, recreational facility, fire station, library, water, water recycling and wastewater facilities, or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the policies and standards contained in the General Plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General Plan or the adopted specific plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event it is not acquired within the prescribed period.

(C) Procedure. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless the period of time is extended by mutual agreement.

(D) Payment to Subdivider. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

(E) Termination. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this Section, the reservation of the area shall automatically terminate.

10-2-640 Planning Commission may authorize exceptions.

The Planning Commission may, in the exercise of reasonable judgment, grant exceptions to the requirements of this Chapter, for street alignment, grades, widths, lengths, block design, median lot width and effective lot frontage, and to all subjects referred to in SJBMC 10-2-620 and 10-2-625 as is determined warranted by topographic limitations or soil or geological conditions, the opportunity for more effective and desirable land utilization, or the showing that under the particular circumstances an alternate standard would meet or surpass the intent of the given requirement.

10-2-650 Planning Commission authorizes plan line maps.

(A) The Planning Commission shall examine the transportation routes, street alignment and circulation system of the City’s General Plan to determine the need to preserve and protect future public rights-of-way, utility easements and transportation corridors for vehicular, pedestrian, bicycle and public transit systems within the City limits, urban growth boundaries and spheres of influence. The Planning Commission shall have the authority to develop specific plan line maps, diagrams and reports for future streets, roads, boulevards, avenues, lanes, public utility easements, pedestrian walkways, rights-of-way or easements, public transit corridors and lane facilities.

(B) Plan line maps shall identify and detail specific routes for public rights-of-way, public utility easements, pedestrian rights-of-way and/or easements, bicycle rights-of-way and/or easements, public transit corridors and lane facilities, so as to preserve and protect lands that are subject to future development from encroaching, building and construction of those routes for circulation and utility distribution to meet the goals, objectives, and programs of the General Plan and the need for public health, safety and welfare for the citizens of San Juan Bautista.

(C) The Planning Commission shall conduct public hearings for the adoption of plan line maps in accordance with provisions of the San Juan Bautista Municipal Code and Government Code Sections 65090 and 65091. Notices to all property owners within three hundred feet (300′) of the subject boundaries of the project shall be provided at least ten (10) days prior to the hearing.

(D) Upon approval of plan line maps, diagrams and/or reports by the Planning Commission, the plan line map shall go the City Council for final adoption and approval. Upon approval by the City Council, the plan line map shall be transmitted to the County of San Benito Recorder’s Office and recorded in the book of plan line maps.

Article 7. Improvements

10-2-700 Responsibility – Approval.

The subdivider is responsible for the design, installation, and construction of all required on-site and off-site improvements in accordance with the standard plans and specifications of the City and in accordance with all conditions imposed upon the approval of the tentative map. No permanent improvement work shall be commenced until the improvement plans have been approved in writing by the City Engineer. No final map or parcel map shall be accepted for approval until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do the work.

10-2-705 Design standards and specifications.

Improvement plans for all improvements, other than landscaping, shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California. The improvements shall be designed in accordance with the following: Article 3 of this Chapter, General Requirements and Standards; standard plans and specifications of the City of San Juan Bautista; and standard engineering practice. The form, content, and submission requirements of the improvement plans shall be as designated by the City Engineer.

10-2-710 Supplementary plans and calculations.

Hydrology and hydraulic plans and calculations, bond estimates, structural calculations, or other calculations as may be required, shall be submitted with the improvement plans to the City Engineer for approval. All calculations and estimates shall be signed and sealed by a registered civil engineer licensed by the State of California.

10-2-715 Required improvements.

The required improvements shall include:

(A) Street Improvements. Street improvements may include, but not limited to, street structural sections, curbs, gutters, sidewalks, street signs, traffic safety signs, striping, street lighting, street barricades, sound walls, fences, and street landscaping.

(B) Sanitary Sewer. Sanitary sewer system serving each lot shall be connected to an existing system that is administered by a public agency authorized to levy taxes for such purposes. The subdivider shall present evidence from the public agency indicating the ability and their consent to accommodate the sewage from the subdivision. For lots forty thousand (40,000) square feet, or greater, or where such existing system is not available, the use of individual septic system may be utilized, if approved by the Health Officer.

(C) Water Supply. Water supply for domestic use serving each lot shall be connected to an existing system that is administered by a public utility subject to regulation by the Public Utilities Commission of the State of California, or by a public agency authorized to levy taxes for such purposes. The subdivider shall present evidence from the supplier indicating the ability and their consent to provide service to the subdivision.

(D) Utilities. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, installed in and for the purpose of supplying service to the subdivision. All utilities shall be placed underground per Article 8 of this Chapter.

(E) Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. Flows from the subdivision shall not exceed predevelopment flows and shall be detained on-site. The storm drain system shall be designed for the ultimate development of the watershed. The storm drain system shall be designed for the ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. On-site and off-site storm drain improvements may be required to satisfy this requirement.

(F) Fire Protection. All water mains, fire hydrants, gated connections and appurtenances to provide water supply and access for fire protection and all other fire protection requirements shall be in accordance with the City standards and the latest adopted Fire Code.

(G) Erosion Control. Erosion control by means of silt basins, structures, landscaping, and other erosion and siltation control measures as approved by the City Engineer. An erosion control plan is to be submitted as part of the improvement plan.

10-2-720 Limitations on required improvements for subdivisions into four (4) or less lots.

Improvements which may be required by the Planning Commission for subdivisions into four (4) or less lots are limited to the dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record.

Fulfillment of such construction requirements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the City of San Juan Bautista, or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the City, except that in the absence of such an agreement, the City may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the City that fulfillment of the construction requirements is necessary for reasons of:

(1) The public health and safety; or

(2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.

This finding shall be made by the City Engineer or authorized representative. The specified date, when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision.

10-2-725 Standards for improvements.

Except as provided in SJBMC 10-2-715(F), all improvements shall be constructed in accordance with standard engineering practice and in accordance with standard plans and specifications approved by the City.

10-2-730 Inspection by City Engineer – Improvement review.

Improvement work shall not commence until plans for such work have been submitted to and approved by the City Engineer. Although it is the subdivider’s ultimate responsibility to insure that all improvements are constructed in accordance with the approved plans, the improvements shall be constructed under the inspection of, and to the satisfaction of, the City Engineer, or his representative. The City Engineer, or his representative, shall have the right to enter the work site for purposes of construction inspection and may require submittal of materials and/or specifications, and the performance of soils testing to verify conformance with the approved plans.

10-2-735 Cost of inspection.

The subdivider shall pay to the City the actual cost for the inspection of the work and checking materials.

10-2-740 Deposit to cover cost of inspection.

When the final map or parcel map is presented to the City Council, the subdivider shall give evidence that he has deposited with the City Manager a sum in the amount estimated by the City Engineer as being sufficient to cover the costs of inspection and tests. If the amount so deposited exceeds the actual cost to the City, the subdivider shall be reimbursed for the balance remaining. If the actual cost exceeds the deposited amount, the City shall stop all construction until the subdivider presents a receipt for a deposit with the City Manager of an additional sum as estimated by the City Engineer.

10-2-745 Improvement security.

In the event an agreement for the improvement of streets or easements, or for the performance of any other act, is entered into between the City and the subdivider, the contract may be secured by any one of the methods provided in Chapter 5 of the Subdivision Map Act, or any other form of security which is acceptable to the City, in a sum which in the opinion of the City Engineer and City Attorney equals the cost thereof.

10-2-750 Terms of agreement.

The contract must also specify the time within which the work must be completed, and shall specify that if the work is not completed to the satisfaction of the City Engineer within the given time frame, the City may enter into a contract for the completion of the specified improvements and be completely reimbursed therefor by the owner or owners of the subdivision. The contract may provide for the improvements to be installed in units, for extension of time under specified conditions or for the termination of the contract upon a reversion of the division of land or a part thereof to acreage.

10-2-755 Completion of improvements – As-built drawings.

Upon completion of, and within thirty (30) calendar days thereof, the subdivider shall provide as constructed drawings prepared by a registered civil engineer, in the form required by the City Engineer, showing the improvements as constructed.

10-2-760 Supplemental improvement capacity.

(A) As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is required the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements in excess of those improvements required for the subdivision.

(B) The City Council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following:

(1) The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

(2) The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefited to reimburse the City for such costs, together with interest thereon, if any, paid to the subdivider.

(3) The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited.

(C) No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the City Council and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereon.

(D) In addition to the notice, written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten (10) days prior to the date established for the hearing.

Article 8. Surveys and Monuments

10-2-800 Field survey.

A final map or a parcel map based upon a field survey shall be made in conformity with the Land Surveyor’s Act.

10-2-805 Discrepancy.

Whenever the field survey indicates a discrepancy from previously recorded data, the record dimensions shall be shown in parentheses and in the same basis of bearings along with the field dimension. When the discrepancy is major and causes a conflict to title, the subdivider shall take appropriate action to clear said title prior to the filing of the map.

10-2-810 Compiled map.

A parcel map may be compiled from a recorded or filed map if all of the following conditions are existing:

(A) The compiled map is based on a final map or parcel map filed in the office of the County Recorder after January 1, 1964, or on a record of survey filed in the office of the County Recorder after January 1, 1964, and prior to January 1, 1982, or on another final map, parcel map, or record of survey subject to prior approval of the City Engineer.

(B) All of the exterior boundary lines are indicated by field bearings and distance on said map.

(D) At least one (1) of these boundary lines can be established from an existing monumented line which is shown on said map.

10-2-815 Accuracy required.

An accurate and complete boundary closure shall be made of the land to be divided. A traverse of the exterior boundaries of the tract or parcel and of each block and lot or parcel when computed, must close within a limit of error of 0.015 of a foot in latitude and/or departure. Street monumentation will be field checked to an accuracy of 0.01 of a foot per one hundred feet (100′) and angle measurement to twenty (20) seconds of angle and not to exceed 0.05 of a foot point position.

10-2-820 Remainder.

If the remainder of the original parcel shown on the parcel map has a gross area of five (5) acres or more, said remainder may be a field survey or may be indicated by deed bearings and distance shown in brackets; the bearings shall be on the same basis of bearings as the survey and the distances shall be in feet and designated as being a “non-surveyed remainder.”

10-2-825 Ties to centerlines.

Whenever the City Engineer has established the centerline of a street or alley, ties shall be made to that centerline and any monument or reference point thereon.

10-2-830 Boundary monuments, field survey.

Monuments shall be set, or witness thereto, at all major angle points, and shall be sufficient in number together with existing monuments of record for the perpetuation of facile re-establishment of any point or line of the exterior boundary.

10-2-835 Boundary monuments, compiled.

When the exterior boundary of a parcel map is compiled from a file map, the point of intersection of a new division line with the exterior boundary line shall be monumented or witness thereto.

10-2-840 Boundary monuments, type.

Monuments set shall be durable in nature, such as an iron pipe, and efficiently placed so as not to be readily disturbed.

10-2-845 Street monuments.

The engineer or surveyor shall set permanent interior monuments in the street areas, located so as to define the street lines bounding each block. Monuments shall be set at all ECs, BCs, and intersections. Due consideration shall be given to visibility of monuments, one from another, for the purposes intended.

10-2-850 Street monuments – Type.

Permanent monuments shall conform to the approved standards of the City of San Juan Bautista for use on subdivision project.

10-2-855 Street monuments – Time for setting.

(A) Exterior boundary monuments shall be set before approval of the final map or parcel map.

(B) Interior monuments may be set after approval of the final map or parcel map provided that they be set not later than the time of completion of improvements and adequate improvement security is filed with the City prior to City Engineer approval and certification of the map.

10-2-860 Street monuments – Inspection and approval.

All monuments shall be subject to inspection and approval by the City Engineer.

10-2-865 California Coordinate System.

Whenever the City Engineer has an approved system of California Coordinate monuments, the survey shall be tied into the approved monuments.

Article 9. Final Map and Parcel Map

10-2-900 Form and contents.

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following provisions:

(A) It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(B) The size of each sheet shall be eighteen by twenty-six inches (18″ x 26″). A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch (1″). The scale of the map shall be not less than one inch equals one hundred feet (1″ = 100′) or as may be necessary to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

(C) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings, and distances of straight lines, radii and arc length or chord bearings and length for all curves and any information which may be necessary to determine the location of the centers of curves, and ties to existing monuments used to establish the subdivision boundaries.

(D) Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named or otherwise designated.

(E) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

If the map includes a “designated remainder” parcel, and the gross area of the “designated remainder” parcel or similar parcel is five (5) acres or more, that remainder parcel 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 parcel. A parcel designated as “not a part” shall be deemed to be a “designated remainder” for purposes of this Section.

(F) All printing or lettering on the map shall be of one-eighth inch (1/8″) minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.

(G) The boundary of the subdivision shall be designated by a heavy black line in such a manner as not to obliterate figures or other data.

(H) Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, “City of San Juan Bautista, San Benito County.”

(I) The following certificates shall appear only once on the cover sheet:

(1) Owner’s Certificate. A certificated, signed and acknowledged by all parties record title interest in the land subdivided, consenting to preparation and recordation of the map and offering for dedication to the public certain specific parcels of land or easements. Exceptions are those parties having rights-of-way, easements, or interests which cannot ripen into a fee, or as provided in the Subdivision Map Act.

(2) Trustee’s Certificate. A certificate, signed and acknowledged by either the holder of beneficial interests under trust deeds at the time of the City Council approval of the final map, consenting to the recording of the map and any offers of dedications.

(3) Engineer’s Statement. A statement by the engineer or surveyor responsible for the survey and final map. The statement shall give the date of the survey, state that the survey and final map were made by or under the direction of the engineer or surveyor, and that the survey is true and complete as shown.

The statement shall also state that all the monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified later date. The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

The statement shall state that the map complies to the Subdivision Map Act and the provisions of this Chapter.

(4) Soils and Geologic Report To Be Kept on File for Public Information. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, it shall be noted on the final map, together with the date of the report or reports and the name of the engineer making the soils report and geologist making the geologic report and where the reports are on file.

(5) City Engineer’s Statement of Certificate. A statement or certificate signed and dated by the City Engineer with his/her registration or license number and its expiration date is required stating that the map has been examined; that it is substantially the same as the tentative map and any approved alterations; that it complies with the Subdivision Map Act, the provisions of this Chapter, any local ordinances applicable at the time of the approval of the tentative map, and is technically correct. The City Engineer shall complete and file with the City Council the certificate or statement within twenty (20) days from the time of submittal of the final map for his/her approval.

(6) City Clerk’s Certificate. A certificate for execution by the City Clerk stating the date of the resolution adopted by the City Council approving the final map and stating that the City Council accepted, subject to improvement, or rejected on behalf of the public, any real property offered for the dedication for public use in conformity with the terms of the offer of dedication.

(7) Tax Letters. Letters from County Assessor’s office and Tax Collector’s office stating that all taxes due have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the County.

(8) County Recorder’s Certificate. A certificate to be executed by the County Recorder stating that the map has been accepted for filing, that the map has been examined, and that it complies with the provisions of State laws and local ordinances governing the filing of final maps. The certificate shall show who requested the filing of the map, the time and date the map was filed, and the book and page where the map was filed.

(J) There must appear on each map sheet the scale, the north point, and the basis of bearings based on Zone IV of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the City Engineer.

(K) Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius, total central angle, and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

(L) The location and description of all existing and proposed monuments shall be shown. Standard City monuments shall be set at the following locations or at City Engineer approved offsets to these locations:

(1) The intersection of street centerlines.

(2) Beginning and end of curves or intersection of tangents or centerlines.

(3) At other locations as may be required by the City Engineer.

(M) All lots and, wherever practicable, blocks in their entirety shall be shown on one (1) sheet. Lot numbers shall being with the number one (1) in each block of the subdivision and shall continue consecutively within each block and with no omissions or duplications except where contiguous lands, under the same ownership, are being subdivided in successive units, in which event lot numbers may begin with the next consecutive number following the last number in the preceding unit. Block numbers shall begin with the number one (1) in each subdivision and continue consecutively throughout all tracts, with no omissions or duplications. Each lot shall be shown entirely on one (1) sheet of the final map, unless approved by the City Engineer.

(N) The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to the book and page of the filed map showing such subdivision; and if no subdivision is adjacent, then by the name of the owner and reference to the recorded deed by book and page number for the last record owner.

(O) City boundaries which cross or join the subdivision shall be clearly designated.

(P) The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown.

(Q) Easements for roads or streets, paths, storm water drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency; and the use shall be specified on the map. If at the time the final map is approved, any streets, paths, alleys, or storm drainage easements are not accepted by the City Council, the offer of dedication shall remain open and the City Council may, by resolution at any later date, accept and open the streets, paths, alleys, or storm drainage easements for public use. This acceptance shall be recorded in the office of the County Recorder.

The City Engineer shall accept any dedications lying outside the subdivision boundary which require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder.

All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, e.g., recorder’s serial number and date, or book and page of official records.

Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths, and bearings of record. The width and location of all easements shall be approved by the City Engineer.

The final form of the final map shall be as approved by the City Engineer.

10-2-905 Procedure.

Upon approval of the tentative map, prints of the final map or parcel map shall be submitted to the City Engineer for his examination for conformance to the approved tentative map, local ordinance, the Subdivision Map Act, and the Land Surveyor’s Act.

10-2-910 Data and material to accompany the submittal.

The following data and material shall be provided by the subdivider or his agent:

(A) A traverse sheet or sheets in a form approved by the City Engineer giving latitudes and departures and coordinates of the boundary of the subdivision, blocks, lots, or parcel and monument lines therein.

(B) A minimum of three (3) sets of prints of the map.

(D) Submit a current title report, and deeds of trust.

(E) Plans, cross-sections, profiles and specifications of the street improvements, grading, drainage facilities, water, water recycling and sanitary sewer improvements, and erosion and siltation control measures or structures and such drawings and specifications as the City Engineer may require. The plans and drawings shall be drawn to a scale not to exceed one inch equals forty feet (1″ = 40′) horizontal and one inch equals forty feet (1″ = 40′) vertical, unless prior approval is granted by the City Engineer. Plans and drawings shall be in the form specified by the City Engineer and shall be certified by a registered civil engineer.

(F) A statement of the water supply installed or available for the subdivision, including information as to the source and adequacy of the supply. The location of any watercourse, channel, stream or creek shall also be shown on the final map.

(G) A statement of the sewerage works and sewage disposal installed, proposed or available for the subdivision, together with a statement from the controlling agency that the proposed system will comply with all Health Department rules and regulations and state laws and operate without creating a public or private nuisance, or a statement shall be required where the subdivision is to be sewered by connection to an existing public sanitary sewer system.

(H) The tracing of the map shall contain original signatures and shall be submitted for certification when notified by the City Engineer; in addition to the tracing of the map there shall be submitted three (3) sets of prints of the map and one (1) set of mylar reproduceables of the map.

(I) The submittal of the final map or parcel map for a common interest development within the meaning of Sections 1350 et seq. of the State Civil Code shall include the proposed declaration of covenants, conditions and restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision as are appropriate pursuant to Section 1363 of the Civil Code. The submittal of the final map or parcel map for all subdivisions other than a common interest development shall include any declaration of covenants, conditions and restrictions proposed in connection therewith. All documents shall be subject to review and approval by the Planning Director, City Engineer, City Manager and City Attorney.

10-2-915 Fees payable for processing a final map evidence of payment to City Engineer.

The subdivider shall pay to the City for the purpose of checking, investigating, surveying, and other matters required by law and these regulations, those fees for the checking of the map, plans and specifications, and investigations incidental thereto as set out in the City of San Juan Bautista fee resolution.

When prints of the map and accompanying data material are presented to the City Engineer for examination, the subdivider shall give evidence to the City Engineer that it has deposited with the City Manager the fees or deposits as required by the City’s fee resolution. If the amount is a deposit, and it exceeds the actual cost to the City, the subdivider shall be reimbursed for the balance remaining. If the actual cost exceeds the deposited amount, the City Engineer shall withhold certification of the map until the subdivider presents a receipt for the deposit of the excess amount.

10-2-920 Fee payable for processing a parcel map.

The subdivider shall pay to the City for the purpose of checking, investigating, surveying and other matters required by law and these regulations for processing a parcel map the fee fixed by the schedule adopted for that purpose by the City Council and in effect at the time the parcel map is submitted for checking. Said payment shall be submitted to the City Engineer at the time the parcel map is submitted for checking.

10-2-925 Action on parcel map.

The City Engineer is authorized to take final approval action on a parcel map as well as to reject offers of dedication. Acceptance of offers of dedication on a parcel map shall require Council approval. The City Engineer shall disapprove a parcel map for failure to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act, this Chapter, or the approved tentative map for the subdivision; provided, that a parcel map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map; and provided further, that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. A parcel map shall not be disapproved when the failure to meet requirements or conditions is the result of a technical or inadvertent error which does not materially affect the validity of the map as may be determined by the City Engineer.

10-2-930 Action on final map.

The City Council shall take final approval action on final maps. It shall disapprove a final map for failure to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act, this Chapter, or the approved tentative map for the subdivision; provided, that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map; and provided further, that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. A final map shall not be disapproved when the failure to meet requirements or conditions is the result of a technical or inadvertent error which does not materially affect the validity of the map as may be determined by the City Council.

10-2-935 Transmittal.

After the City Engineer’s approval and certification of a parcel or final map, it shall be transmitted to the City Clerk for final action and ultimate transmittal to the County Recorder.

10-2-940 Amended map.

A map may be amended in conformance with the provisions of the Subdivision Map Act and/or local ordinances and shall be entitled “Amended Map of _______.”

10-2-945 Amendment shown.

All corrections or omissions shall be boxed and the errors removed from the map with a certified statement by the surveyor stating, in general, the correction or omission being made in addition to the recording information of the original map.

10-2-950 Certificate of correction.

A certificate of correction may be used to correct: (1) an error in the description of real property, (2) a course error that is outside of the exterior boundary of the map. A certificate of correction shall be upon a form approved by the City Engineer.

10-2-955 Reversion to acreage.

A map may be reverted to acreage pursuant to all the provisions of the Subdivision Map Act and shall be entitled “Reversion to Acreage of _____.”

10-2-960 Resubdivision.

Subdivided lands may be merged and re-subdivided without reverting to acreage by complying with all applicable provisions of the Subdivision Map Act.

Article 10. Dedication of Lands for Park
and Recreation Purposes

10-2-1000 Authority.

This Chapter is enacted pursuant to authority granted by Section 66477 of the Government Code of the State of California.

10-2-1005 Requirement.

Each subdivider of the land classified by the City of San Juan Bautista Zoning Ordinance for residential use shall as a condition to filing a final subdivision map dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes. Requirements shall be established by the Planning Commission when acting on the tentative map in consultation with the City Engineer and Planning Director. Land or fees required under this Article shall be conveyed or paid directly to the City of San Juan Bautista which provides community-wide park and recreational services upon approval of the final map.

10-2-1010 Limitations.

(A) The land, fees, or combination thereof are to be used only for the purpose of developing new or rehabilitating existing neighborhood and community park or recreational facilities bearing a reasonable relationship to use by future residents of the subdivision.

(B) The City of San Juan Bautista shall develop a schedule specifying how, when and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision in a manner consistent with the limitations of this Chapter and State Subdivision Map Act. Any fees collected under the Chapter shall be committed within five (5) years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then recorded owners of the subdivision in the same proportion as it was collected.

(C) Park and recreational facilities shall be in accord with principles and standards of the Open Space/Conservation Element of the San Juan Bautista General Plan.

(D) Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less. In subdivisions larger than fifty (50) parcels, this requirement may be satisfied by dedicating land and/or payment of fees as determined by the Planning Commission.

(E) Provisions of this Article do not apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old when no new dwelling units were added.

10-2-1015 General standard.

It is hereby found and determined that the public interest, convenience, health, safety and welfare require that five (5) acres of property for each one thousand (1,000) persons residing within the City be devoted to local park and recreational purposes. The amount of land to be dedicated, or fees to be paid, shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision and shall be the amount calculated from the following formula:

LAND	=	A x B
FEE	=	A x B x C
FEE	=	D

(A) “A” means the park and recreation area required per dwelling unit, based on the type of dwelling units of the proposed subdivision and the park area per one thousand (1,000) people of the City.

(1) The park area of the City is determined to be 5.0 acres per one thousand (1,000) people, or .005 people of the City.

(2) The park and recreation area required per dwelling unit, A, is established as follows: For detached single-family dwelling units, each unit is assigned 3.2 people. Therefore, A = 3.2 x .005 = .010 acres per unit.

(B) “B” means the number of dwelling units in the proposed subdivision.

For the purpose of this Section, the number of dwelling units in the proposed subdivision shall be determined as follows. In areas zoned for one (1) dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the tentative map. When the subdivision is located in an area zoned for multiple dwelling units per parcel, the number of dwelling units shall equal the maximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dwelling units shall equal the number of condominium units indicated on the tentative map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved planned development plan.

(D) “D” means the developable acreage of the area to be subdivided.

10-2-1020 In-lieu fees.

Where fees are required by the City to be paid in lieu of land dedication, such fees shall be based on the current market value of the developable acreage of the area to be subdivided as determined by the Director of Public Works and Planning Director at the time of approval of the Final Subdivision Map. If the subdivider objects to the determination of current market value, the subdivider may request the City to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by the City and the subdivider, which appraisal will be considered by the City in determining the current market value. All costs required to obtain such appraisal shall be borne by the subdivider.

10-2-1025 Credits.

(A) If the subdivider provides park and recreational improvements to the dedicated land as authorized by the Planning Commission, the value of improvements may be a credit against fees or land dedication otherwise required by this Article.

(B) As may be determined by the Planning Commission, planned developments and real estate developments, as defined in Sections 11003 and 11003.1, respectively, of the Business and Professions Code, shall be eligible to receive a credit for private open space and recreational facilities otherwise required by this Article, provided that:

(1) Private open space is at least one-half (1/2) acre in area with its smallest dimension being at least one hundred feet (100′) clear excluding yards and setbacks normally required by zoning provisions;

(2) Private open space and recreational facilities are owned and maintained by a homeowners’ association, are available to all residents of the subdivision without restriction, and are designated for park and recreational purposes by recorded covenants which run with the land, and cannot be defeated or eliminated without consent of the City Council;

(3) Private open space and facilities are suitable for active park and recreation purposes taking into consideration such factors as shape, topography, access, and improvements proposed;

(4) Are in accord with the principles and standards for local parks contained in the Open Space/Conservation Element of the City of San Juan Bautista General Plan.

10-2-1030 Procedures.

(A) Prior to approval of the subdivision, the Planning Commission shall consider the report and recommendation from the City Engineer and Planning Director, as the case may be, regarding the following:

(1) The amount of land required; or

(2) That a fee be charged in lieu of land; or

(3) That a combination of land and fee be required; and

(4) The location of the park land and, where appropriate, the setting and conceptual design of the park facilities appurtenant thereto, to be dedicated or used in lieu of fees.

(B) At the time of approval of the subdivision, the Planning Commission shall determine whether land, in-lieu fees, or a combination of land and fees, shall be dedicated and/or paid by the subdivider.

(C) The Planning Commission may approve, modify, or disapprove the recommendation of the City Engineer and the Planning Director, provided, however, any modification of the recommendation not previously considered shall first be referred back to the City Engineer and Planning Director for further report and recommendation. The City Engineer and Planning Director shall report back to the Planning Commission within thirty (30) days. After the receipt and consideration of the report, or after thirty (30) days have passed in the event no report is received, the Planning Commission may take action on the modification.

10-2-1035 Off-site dedication.

Dedication of land outside of the subdivision may be authorized by the City of San Juan Bautista in consultation with the City Engineer and Planning Director by action on the tentative map and be credited toward the developer’s park land dedication requirement.

Article 11. Underground Utilities

10-2-1100 Intent.

The regulations of this Article are intended to promote and to provide in subdivisions improved under the provisions of this Chapter an increase in safety and welfare for both residents of such land division and the public in general, and to prolong the economic life of land divisions, enhance views, scenic attributes and the general living environment.

10-2-1105 Utility distribution facilities to be placed underground.

All utility distribution or communication facilities supplying electric, communication or similar or associated services, installed in and for the purpose of supplying such service to any residentially zoned subdivision requiring the filing of a final map shall be placed underground. All facilities shall be placed in underground utility boxes or vaults that are flush with the surrounding ground surface, unless the facility is screened from view in a manner acceptable to the Planning Commission. Distribution facilities do not include metal poles used for street lighting, traffic signals, pedestals for police and fire system communications and alarms, and facilities used to carry voltages higher than thirty-five thousand (35,000) volts.

10-2-1110 Duty of subdivider.

The subdivider is responsible for complying with all requirements of this Article, and shall make the necessary arrangements with the utility or communication companies involved for the installation of the facilities required by SJBMC 10-2-805.

10-2-1115 Request for variance.

The subdivider or a public utility or communication company may request that the requirements of this Article be varied by submitting to the Planning Commission a statement describing fully the nature and extent of such variance, and the reasons for which it is requested.

10-2-1120 Action by the City Council.

The City Council upon consideration of a request to vary the requirements of this Article, and upon finding from the evidence presented that a balancing of the requirements of the public health, safety and general welfare with the feasibility of meeting such requirements does not warrant the strict application of the requirements of this Article, by reason of economic feasibility, soil, topography, compatibility of surrounding area, future potential number of building sites affected, or that the area to be undergrounded does not include both sides of the street for at least one (1) block or six hundred feet (600′), may grant a variance in its approval of the tentative map for installing overhead distribution facilities. The City Council in making the above finding to grant variances to the requirements of this Article shall designate such conditions in connection therewith as will in its opinion best serve the intent of this Article.

Article 12. School Facilities Dedication

10-2-1200 Title and purpose.

This Article shall be known as the “School Facilities Dedication Ordinance of the City of San Juan Bautista.” The purpose is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

10-2-1205 Authority and conflict.

This Article is enacted pursuant to Chapter 4.7, Title 7, Division 1 (Government Code Sections 65970 et seq.), and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this Article and those of Chapter 4.7, the latter shall prevail.

10-2-1210 General Plan.

The Land Use Element of the City’s General Plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the General Plan.

10-2-1215 Regulations.

The City Council may, from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction for this Article.

10-2-1220 Definitions.

(A) “Chapter 4.7” means Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.

(B) “Conditions of overcrowding” means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the district.

(C) “Dwelling unit” means a building or a portion thereof, or a mobile home, designed for residential occupancy by one (1) person or a group of two (2) or more persons living together as a domestic unit.

(D) “Reasonable methods for mitigating conditions of overcrowding” include, but are not limited to, agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used. The City Council may establish by resolution additional methods for mitigating conditions of overcrowding which should be considered by school districts.

(E) “Residential development” means a project containing residential dwellings, including mobile-homes, of one (1) or more units or a subdivision of land for the purpose of constructing one (1) or more residential dwelling units. Residential development includes, but is not limited to rezonings, conditional use permits, site development review, and any other discretionary permit for new residential use, and building permits for new residential use.

10-2-1225 Findings and notice.

Pursuant to Chapter 4.7 of the Government Code, the governing body of a school district shall make all of the following findings supported by clear and convincing evidence that:

(A) Conditions of overcrowding exist in one (1) or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing;

(B) All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

Upon making these findings, the school district shall provide the City with notice of its findings.

10-2-1230 Notice requirements.

Any notice of findings sent by a school district to the City shall specify:

(A) Findings specified in SJBMC 10-2-1225.

(B) Mitigation measures considered by the district and any determination made concerning them by the district.

(D) Recommendations for standards for land dedication and fees based on SJBMC 10-2-1270, General Standards.

(E) Such other information as may be required by City Council’s resolution.

10-2-1235 City concurrence.

After the receipt of any notice of finding complying with the requirement of SJBMC 10-2-1225, the City Council shall determine whether it concurs in such school district findings. The Council shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination.

10-2-1240 Findings for development approval.

Within an attendance area where the City Council has concurred in a school district’s findings that conditions of overcrowding exist, no discretionary permit for residential use and no building permit for new residential construction shall be approved in the attendance area, unless the City Council makes one of the following findings:

(A) That this Article is an ordinance adopted pursuant to Section 65974 of Chapter 4.7.

(B) That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the Planning Commission would benefit the City, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedications provisions of this division.

10-2-1245 School district schedule.

Following the concurrence and decision by the City to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the City Council and the reasons for the modification.

10-2-1250 Developer’s responsibility.

In an attendance area where the City Council has concurred as provided in SJBMC 10-2-1240, the developer of applicable residential projects shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for mandated educational programs for elementary, middle/junior high, and/or high schools.

10-2-1255 Land dedication limits.

Only payment of fees may be required for approval of projects containing fifty (50) parcels or less. In subdivisions larger than fifty (50) lots, this requirement may be satisfied by dedicating land and/or payment of fees as determined by the Planning Commission.

10-2-1260 Exemptions.

Residential developments shall be exempt from the requirements of this Article when they consist only of the following:

(A) Any modification or remodel of an existing legally established dwelling unit that does not create an additional dwelling unit.

(B) A condominium project converting an existing apartment building into a condominium where no new dwelling units are added.

(C) Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe.

(D) Any rebuilding of an historical building recognized, acknowledged and designated as such by the City Council, County of San Benito, State of California, or Federal Government.

10-2-1265 Prior agreements.

Any agreement existing prior to the effective date of this Chapter between a school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be considered as satisfying this Article’s requirements.

10-2-1270 General standard.

The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary, middle/junior high, and/or high school facilities including all mandated educational programs and shall be reasonably related and limited to the need for schools caused by the development.

10-2-1275 Fees.

A schedule for fees required to be paid in lieu of land dedication or in combination with land dedication shall be established by the City Council for each attendance area where the Council has concurred with the school district that conditions of overcrowding exist. The school district’s governing body shall recommend the fees for providing interim facilities that are to be assessed on a development as a condition of City approval of a subdivision.

10-2-1280 Land.

When land is required to be dedicated, land shall equal in monetary value fees which would otherwise be market value of all the land in the residential project as determined by the most recent appraisal made at the direction of the City Council at the time of discretionary action on the application. If the developer, or the school district, objects to this determination, either may present evidence for a different dedication requirement based on a recent appraisal of the property by a qualified real estate appraiser.

10-2-1285 Land dedication.

When land is to be dedicated, it shall be offered for dedication in the same manner as prescribed in the City of San Juan Bautista Subdivision ordinance for park dedication.

10-2-1290 Time of performance.

Land required to be dedicated as a condition of a tentative maps shall be conveyed at the time of filing the final map. All other dedication of land or payment of fees shall be made at the time the building permit is issued.

10-2-1292 Trust of land or fees.

Land and fees shall be held in trust by the City of San Juan Bautista until such time as request for release of land or fees is made by the subject school district. Release of land or fees shall occur upon determination by the City Council that the land or fees shall be used for appropriate interim school facilities and that said facilities would be consistent with the General Plan.

10-2-1294 Fee distribution.

Where two (2) or more separate school districts operate schools in an attendance area where the City Council concurs that overcrowding conditions exist for the school districts, the Council will enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this division.

10-2-1296 Refunds.

If any residential development permit covered by this Article is voided or vacated, and if the applicant so requests, any land or fees collected for the development in trust by the City of San Juan Bautista shall be returned to the applicant.

10-2-1298 School district accounting.

Any school district receiving funds or land pursuant to this Article shall maintain a separate account for any fees paid and disposition of land received and shall file a report with the City Council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st, of each year and shall be filed more frequently at the request of the City Council.

10-2-1299 Termination of dedication requirements.

When it is determined by the City Council that overcrowding conditions no longer exist in an attendance area, the City shall cease levying any fee or requiring the dedication of any land pursuant to this Article for the area. The Council shall schedule and hold a public hearing on the proposed termination prior to making its determination.

Article 13. Vesting Tentative Map

10-2-1300 Authority and purpose.

The regulations outlined in this Article are determined to be necessary for the preservation of the public health, safety and general welfare, and for promotion of orderly growth and development.

10-2-1305 Consistency.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the Zoning Ordinance or other applicable provisions of this Code.

10-2-1310 Application for a vesting tentative map.

(A) Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this Chapter, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

(B) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

10-2-1315 Vesting tentative map filing and processing.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this Chapter for a tentative map except as hereinafter provided:

(A) Prior to the time a vesting tentative map is filed, a subdivider shall have obtained from the City of San Juan Bautista all applicable permits for prezoning, rezoning, planned development rezoning, site development review, variance, conditional use permit, or similar planning and land use entitlement.

(B) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

(C) A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as set forth in this Chapter for a tentative map except as hereinafter provided.

10-2-1320 Vesting tentative map fees.

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the schedule adopted by resolution of the City Council for the filing and processing of a vesting tentative map.

10-2-1325 Expiration.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this Chapter for the expiration of the approval or conditional approval of a tentative map.

10-2-1330 Vesting on approval of vesting tentative map.

(A) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(B) Notwithstanding subsection (A) of this Section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

(2) The condition or denial is required, in order to comply with State or Federal law.

(C) The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in SJBMC 10-2-1325. If the final map is approved, these rights shall last for the following period of time:

(1) An initial time period of one (1) year (twelve (12) months) beyond the recordation date of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(2) The initial time period set forth in subsection (C)(1) of this Section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review if such processing exceeds thirty (30) days, from the date a complete application is filed.

(3) A subdivider may apply for a one (1) year extension at any time before the initial time period set forth in subsection (C)(1) of this Section expires. If the extension is denied by the Planning Commission, the subdivider may appeal that denial to the City Council within fifteen (15) days.

(4) If the subdivider submits a complete application for a building permit during the period of time specific in subsections (C)(1) through (C)(3) of this Section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

10-2-1335 Development inconsistent with zoning – Conditional approval.

(A) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The City shall deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved, or conditionally approved, vesting tentative map shall, notwithstanding SJBMC 10-2-1330(A), confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

(B) The rights conferred by this Section shall be for the time periods set forth in SJBMC 10-2-1330(C).

10-2-1340 Applications inconsistent with current policies.

Notwithstanding any provision of this Chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in SJBMC 10-2-1330(A) and 10-2-1335, and local agencies may grant these approvals or issue these permits to the extent that the departure are authorized under applicable law.

Article 14. Merger of Substandard Lots

10-2-1400 Authority.

This Article is adopted pursuant to Sections 66451.10 through 66451.21 of the California Government Code.

The provisions of this Article shall extend to any parcel of land within the City having less than the minimum parcel size for the district in which it is located.

10-2-1405 When lots may be merged.

Two (2) or more contiguous parcels or units of land may be merged by the City Council when held by the same owner if all of the following requirements are satisfied:

(A) At least one (1) of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure other than an accessory structure that is partially sited on a contiguous parcel or unit; and

(B) With respect to any affected parcel, one (1) or more of the following conditions exist:

(1) Comprises less than five thousand (5,000) square feet in area at the time of determination of merger.

(2) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

(3) Does not meet current standards for sewage disposal and domestic water supply.

(4) Does not meet slope stability standards.

(5) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

(6) Its development would create health and safety hazards.

(7) Is consistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.

(C) For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.

10-2-1410 Procedure to merge lots.

The procedure for merger of substandard lots shall be as set forth in Sections 66451.12 through 66451.21, inclusive, of the California Government Code. Said sections are hereby incorporated by reference as if fully set forth herein.

Legislative History: Ords. 135 (3/2/65), 135.1 (10/2/79), 94-6 (4/19/94), 2007-05 (2/20/07), 2007-16 (6/19/07), 2015-22 (10/20/15), 2017-04 (4/18/17).