Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.010 Citation and authority.
16.04.060 Public hearings – Notice.
16.04.070 Public hearings – When required.
16.04.080 Modification of requirements.
16.04.010 Citation and authority.
This title is adopted pursuant to Article XI, Section 7 of the California Constitution and to supplement and implement the Subdivision Map Act, Section 66410 et seq. of the Government Code, and may be cited as the subdivision ordinance of the city of Benicia. (Ord. 86-6, 1986).
16.04.020 Purpose.
The purpose of this title and any rules, regulations and specifications adopted pursuant hereto is to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the city regarding the maps. To accomplish this purpose, the regulations contained in this title are determined to be necessary to preserve the public health, safety and general welfare; to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land; and to ensure provision for adequate traffic circulation, utilities, and other services in the city. (Ord. 86-6, 1986).
16.04.030 Consistency.
No land shall be subdivided and developed for any purpose which is inconsistent with the general plan or any applicable specific plan of the city or which is not permitted by BMC Title 17, Zoning, or other applicable provisions of this code.
The type and intensity of land use as shown on the general plan and any applicable specific plan shall determine, together with the requirements of the Subdivision Map Act and this title, the type of streets, roads, highways, utilities, and other public services that shall be provided by the subdivider. (Ord. 86-6, 1986).
16.04.040 Application.
The regulations set forth in this title shall apply to all or parts of subdivisions within the city and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this title after the effective date of the ordinance codified in this title. All subdivisions and any part thereof lying within the city shall be made and all subdivision maps shall be prepared and presented for approval as provided for in this title. (Ord. 86-6, 1986).
16.04.050 Exceptions.
This title shall not apply to:
A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks;
B. Mineral, oil or gas leases;
C. Land dedicated for cemetery purposes under the California Health and Safety Code;
D. A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater or lesser number of parcels than originally existed is not thereby created; provided, that subject to the provisions of Section 66412(d) of the Subdivision Map Act, the lot line adjustment is approved pursuant to BMC 16.12.030;
E. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party;
F. Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code;
G. Subject to the requirements of Section 66412(g) and 66412(h) of the Subdivision Map Act, the conversion of a community apartment project or a stock cooperative to a condominium;
H. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the city;
I. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvements;
J. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;
K. The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2 of the Government Code; but this title shall apply to the sale or transfer, but not leasing, of those units;
L. Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock;
M. Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet. (Ord. 86-6, 1986).
16.04.060 Public hearings – Notice.
A. Whenever a public hearing is held by the community development director, the planning commission or the city council pursuant to this title, notice of the time and place thereof, including a general description of the subject matter, shall be given at least 10 days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation, published and circulated in the city, and by posting in City Hall, with copies to any interested agencies, organizations or individuals.
B. When the public hearing deals with a subdivision, the notice shall give a general description of the location of the subdivision or proposed subdivision. Within the time limits set forth in subsection (A) of this section, copies of said notice shall be mailed to the subdivider; to each owner of property, as shown on the latest city-wide assessment roll, located within 500 feet of the subdivision boundaries; and to each resident in the subdivision or proposed subdivision.
C. Notice also shall be given to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the subdivision.
D. In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project, notice shall be given in accordance with Section 66451.3 of the Subdivision Map Act.
E. In the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the city shall also give notice by mail or delivery to the owner of the property as shown on the last equalized assessment roll.
F. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this chapter. (Ord. 14-02 § 1; Ord. 86-6, 1986).
16.04.070 Public hearings – When required.
Whenever a property is to be subdivided, the community development director, at his or her discretion, may hold a public hearing prior to reporting on the tentative map for said subdivision. The planning commission and city council shall hold public hearings as required by BMC 16.16.070. (Ord. 86-6, 1986).
16.04.080 Modification of requirements.
Whenever, in the opinion of the planning commission or city council, the land involved in any subdivision is subject to title limitations of record, or is affected by topographical location or conditions, or is to be devoted to a use that is impossible or impracticable in the particular case for the subdivider to conform fully to the regulations contained in this title, the planning commission or city council may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act. (Ord. 86-6, 1986).
16.04.090 Fees and deposits.
All persons submitting maps as required by this title shall pay all fees and/or deposits as provided by this title and by the city council’s resolution or resolutions establishing applicable fees and charges. Said resolution or resolutions are incorporated by this reference as though fully set forth herein. (Ord. 86-6, 1986).