Carpinteria Municipal Code Ch. 16.08 General Provisions

This title is adopted to supplement and implement the Subdivision Map Act and may be cited as the "subdivision ordinance of the city of Carpinteria." This title, insofar as possible, should be in conjunction with and compatible with the Subdivision Map Act, but in the event of conflict, the provisions of the Subdivision Map Act shall prevail.

(Prior code § 10101)

The provisions of this title shall apply to any division of real property wholly or partially within the city, which division is a subdivision within the meaning of the Subdivision Map Act and to subdivisions of unincorporated territory adjacent to the city to the extent permitted and as provided by Government Code Section 66454.

(Prior code § 10119)

A. The planning commission shall make such investigations, reports and recommendations as are necessary to accomplish the intent and purpose of this title.

B. The planning director of the city of Carpinteria shall be responsible for processing subdivisions, for notifying and furnishing information to the affected persons and agencies as provided in this title, for presenting material and data to the advisory agency and city council where required, for making recommendations relative to the design of the subdivision and for insuring compliance with the conditions of approval and the requirements of this title pertaining to design of the subdivision.

C. The city engineer shall be responsible for making recommendations relative to roads, improvements within road rights-of-way, grading and drainage affecting roads, all improvements intending to serve the public and for inspecting and insuring compliance with the conditions of approval and the requirements of this title pertaining to such items.

D. The county health officer shall be responsible for making recommendations relative to water supply, sewage disposal and other matters affecting health, and for inspecting and insuring compliance with the conditions of approval and the requirements of this title pertaining to water supply and health requirements. The building official of the city will insure compliance with sewage disposal requirements.

E. The flood-control engineer of the county of Santa Barbara shall be responsible for making recommendations relative to control of flooding, drainage ways and erosion control and for inspecting and insuring compliance with the conditions of approval and the requirements of this title pertaining to such items.

F. The fire chief of the Carpinteria-Summerland fire protection district shall be responsible for making recommendations relative to fire prevention and means for controlling fires, and for inspecting and insuring compliance with the conditions of approval and the requirements of this title pertaining to such items.

G. The city engineer shall be responsible for making recommendations relative to grading, earth stability, soils, erosion control and lot drainage and for inspecting and insuring compliance with the conditions of approval and the requirements of this title pertaining to such items.

(Prior code § 10108)

Except where the same has been expressly amended at the meeting where the approval is given, after the approval of any map, plan, lot split, development plan, parcel map, tentative subdivision map, final subdivision map, permit application, license, building plan or building permit by any official, commission, board of the city or by the city council, any amendment, supplement, revision, detail, design, or specifics of the same subsequently submitted shall specifically label each and every item of the same at variance with, which deviates with, that has a discrepancy with, or attempts to amend that which has been previously approved and shall specifically and expressly note every such deviation, amendment, or variance in bold face type of at least twelve point type (.166 inches high) and underlined in red. Any subsequent approval of any subsequently filed document shall not be deemed the approval of any variance, deviation, amendment, nor discrepancy from that previously approved unless the prior sentence of this section has been fully complied with. Nothing in this section shall be deemed to grant any authority to make any approvals of any variance, deviation, amendment or discrepancy where that authority has not been granted by other provisions of the law.

(Ord. 263 § 1, 1979: prior code § 1331)

A. Tentative Maps. The planning commission shall constitute the "advisory agency" for tentative maps.

B. Parcel Maps. The planning commission shall constitute the "advisory agency" for parcel maps.

(Prior code § 10104)

A. In the case of tentative maps, the planning commission is not authorized to approve, conditionally approve or disapprove the tentative map, but shall make recommendations thereon to the city council.

B. In the case of parcel maps, the planning commission is authorized to approve, conditionally approve or disapprove such maps.

C. The planning commission may waive the requirement for any parcel map required by Government Code Section 66428 if it finds that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act or of this title. In any case where the requirement for a parcel map is waived, the planning commission may impose conditions on the waiver.

D. In any case, where the requirement for a parcel map is waived pursuant to provisions of this section, a tentative map may be required.

(Ord. 247 § 26 (part), 1978: prior code § 10107)

The subdivision committee is established and shall have three voting members who shall be the following personnel of the city: The planning director, city manager, community services director, and city engineer. Other city or county officers and their assistants and deputies may sit as advisory members without a vote. The following rules shall apply to the subdivision committee:

A. In the absence of any voting member, assistants or deputies designated by the department head shall have the right to represent and vote for such absent voting member.

B. A quorum shall consist of two voting members.

C. Subdividers and all applicants and their agents, engineers and representatives shall be entitled to be present at meetings and to discuss with the committee its recommendations and proposed reports.

D. The subdivision committee is authorized to establish such additional rules of procedure and elect such officers as it deems appropriate to carry on its business.

(Prior code § 10116)

The subdivision committee shall have the following powers, duties and authorities:

A. To consider and make recommendations upon subdivision maps, both tentative and final, and parcel maps as provided in this title;

B. To consider and make recommendations upon development plans and conditional use permits pursuant to the provisions of Title 17, as amended, of the city as the same may now exist or may hereafter be amended;

C. To consider and coordinate recommendations on all matters which may hereafter be assigned to the subdivision committee by the planning commission or the city council;

D. The subdivision committee shall review all tentative maps prior to the planning commission consideration and shall make recommendations as deemed necessary.

(Prior code § 10117)

A. A report as to conformity to the general plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency or the city council on such division of land.

B. Such report is not required for a proposed subdivision which involves:

1. The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes;

2. Acquisitions, dispositions or abandonments for street widening; or

3. Alignment projects, provided that the advisory agency or the city council expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature.

(Prior code § 10100)

Whenever property is proposed to be subdivided for a use or purpose different from that permitted by the applicable zoning regulations, or which is in conflict with the general plan, a form request should be made for change of the general plan, any specific plan, and rezoning of the subject property to appropriate zoning district. No tentative subdivision maps shall be approved unless and until appropriate changes in the general plan, any specific plan and zoning regulations to permit the proposed use and purposes of such subdivision have first been acted upon by the city council. The provisions of this section shall be mandatory.

(Prior code § 10103)

Whenever a public hearing is to be held pursuant to this title, at least ten days' notice of the time and place thereof as provided in Government Code Section 66451.3 and a general description of the location of the subdivision shall be published once in a newspaper of general circulation in the city. Any interested person may appear and be heard at such hearing. In the event that the advisory agency shall hold a public hearing, it shall make a summary of such hearing in its report to the city council. Except where specifically provided to the contrary, nothing in this title shall be deemed to require a public hearing not otherwise required by state law.

(Prior code § 10118)

No land project, as the same is defined in Section 11000.5 of the Business and Professions Code shall be approved, unless:

A. The city has adopted a specific plan covering the area proposed to be included within the land project; and

B. The city council finds that the proposed land project, together with the provisions for its design and improvements, is consistent with such specific plan.

(Prior code § 10113)

A. This title shall not apply to the sale, lease or financing of one or more contiguous parcels or units of land which have been created under the provisions of ordinances of the city (or the county, prior to September 26, 1965) regulating the division of real property and the Subdivision Map Act applicable at the time of their creation, or which were not subject to such provisions at the time of their creation, even though such contiguous parcels or units are held by the same owner; except that if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under the zoning ordinance of the city and the standards established by subsection C of this section then those parcels or units shall be merged.

B. Any parcels or units that have not been deemed merged pursuant to this section or any of its predecessors or any law or rule of the state, are exempted from the merger provisions of this section. Any parcels which merged under the provisions of this title or any law or rule of the state, shall remain merged if the provisions of subsection F are met. Any parcels or units which meet the standards requiring merger under subsection C of this section shall be merged.

C. Contiguous parcels or units of land held by the same owner, on the date that notice of intention to determine status is filed, shall be merged if one of the parcels or units does not conform to the parcel size under Title 14 of this code and if all of the following requirements of subsections 1 and 2 are satisfied:

1. At least one 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 also partially sited on a contiguous parcel or unit.

2. With respect to any affected parcel, one or more of the following conditions exists:

a. Comprises less than five thousand square feet in area at the time of the determination of merger;

b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c. Does not meet current standards for sewage disposal and domestic water supply;

d. Does not meet slope stability standards;

e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

f. Its development would create health or safety hazards;

g. Is consistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

3. Subsection C 2 shall not apply if any of the conditions stated in Section 66451.11(b) (A) (B) (C) (D) or (E) of the Subdivision Map Act exist.

D. Whenever the planning director has knowledge that real property has merged pursuant to this section he shall mail by certified mail to the current record owner of the property a notice of intention to determine status. The notice of intention shall state: That the affected parcels may be merged pursuant to this section; that the owner may request, within thirty days from the date the notice of intention was recorded, a hearing before the planning director to present evidence that the property does not meet the standards for merger; and that the notice of intention was recorded with the county recorder on the date the notice of intention was mailed. Upon receipt of a request for a hearing the planning director shall set the hearing for a date not less than thirty days nor more than sixty days from the date of receipt of the request. The property owner shall be notified of the hearing by certified mail. After the hearing the planning director shall determine whether the affected property has merged pursuant to this section. The decision shall be made and notification of the decision shall be mailed to the property owner within five working days of the date of the hearing. If the parcels have merged the planning director shall file a notice of merger with the county recorder within thirty days from the date of the hearing unless the decision has been appealed as provided in subsection E. The notice of merger shall specify the name or names of the record owner or owners and shall particularly describe the real property. If the parcels have not merged the planning director shall record a release of the notice of intention within thirty days from the date of the decision, and shall mail a copy of the release to the owner. If no hearing is requested the decision shall be made not later than ninety days after the mailing of the notice of the opportunity for a hearing.

E. If the owner requested a hearing, the decision of the planning director may be appealed to the planning commission within ten calendar days of the date of mailing the notice of decision by filing a written appeal with the city clerk. A fee established by city council resolution shall be paid at the time of the appeal. Upon receipt of an appeal and payment of the fee the city clerk shall place the matter on the planning commission agenda not less than thirty nor more than sixty days from the date of the appeal. If after a hearing the planning commission grants the appeal the city clerk shall record within thirty days with the court recorder a release of the notice of intention. If the appeal is denied the city clerk shall within thirty days record a notice of merger with the county recorder. A copy of either the release or the notice of merger shall be sent to the owners.

F. 1.

Prior to January 1, 1986 the planning director shall file with the county recorder a notice of merger for any parcel merged under the provisions of any law prior to January 1, 1984. At least thirty days before filing the notice of merger the planning director shall mail written notice to the property owner of the intention to record the notice and specify a time, date and place which the owner may present evidence to the planning director why the notice should not be recorded.

2. If, after the hearing, the planning director determines that the parcels have merged, a notice of merger shall be filed. The decision of the planning director may be appealed according to the procedures established in subsection E.

G. Unmerger. Any parcel or unit of land which merged pursuant to the provisions of any law prior to January 1, 1984 but for which a notice of merger was not recorded on or before that date are deemed unmerger if on January 1, 1984 all of the criteria established by Section 66451.30(a) of the Subdivision Map Act are met and if none of the conditions of Section 66451.30(b) exist. Upon request of an owner the planning director shall file a certificate of compliance whenever the planning director determines that a parcel is unmerged pursuant to this section.

H. Request for Determination of Merger.

1. A property owner may request that the planning director determine whether property has merged or is deemed unmerged under this section. A request for determination shall be made in writing and shall be accompanied by a fee established by city council resolution.

2. Upon determination that property has merged the planning director shall issue to the owner and record with the county recorder a notice of merger.

3. Upon determination that property is deemed unmerged the planning director shall issue to the owner and record with the county recorder a certificate of compliance showing each parcel as a separate parcel.

I. Nothing in this section shall be deemed to grant any authority to make any approvals of any variance, deviation, amendment or discrepancy to the zoning, general plan, any applicable specific plan or coastal plan of the city.

(Ord. 362 § 1, 1984: Ord. 247 § 30, 1978: prior code § 10123)

A. No real property, improved or unimproved, consisting of a single unit or two or more contiguous units and owned by the same person or persons shall be divided into two or more lots, including any lot retained by the owner, except in accordance with the provisions of this title.

B. No parcel may be subdivided if it was illegally created unless, as part of the division, the illegality is eliminated. If such elimination is not possible, a notice of violation with respect to the parcel shall be recorded. In no event shall a subdivision be permitted unless the entire legal parcel is subdivided when the owner of any portion of the illegal parcel is the person who owned the property at the time of the illegal subdivision.

(Ord. 362 § 2, 1984)