Sec. 21-15. - Reserved for future legislation.

(Ord. No. 1722, pt. 3, § 2; Ord. No. 1770, § 1; Ord. No. 2199, § 10; Ord. No. 2320, § 1; Ord. No. 2460, § 2; Ord. No. 2472, §§ 2—4; Ord. No. 3259, §§ 5—7; Ord. No. 4020, § 1; Ord. No. 4157, §§ 8.1, 8.2, 8.3: Ord. No. 4436, § 12)

(Ord. No. 3204, § 1: Ord. No. 4436, § 13)

Secs. 21-15.2 to 21-15.8. - Reserved. Division 3. - Modification to Recorded Maps, Lot Split Plats and Lot Line Adjustments

(a)

Purpose. For the purposes of this section, a recorded map shall mean a subdivision recorded as either a final or parcel map, a lot split plat shall mean a division of property approved prior to February 17, 1966 pursuant to Ordinance No. 791 as amended, and a lot line adjustment shall mean a lot line adjustment approved pursuant to article III of this chapter. The provisions of this section set forth findings, procedures and fees for modification of the conditions of approval for recorded final or parcel maps, lot split plats and lot line adjustments where changes in circumstance(s) occurring after recordation of a final or parcel map or other method by which a lot shown on an approved lot split plat or approved lot line adjustment is legally established render any or all of the conditions of the final or parcel map or approved lot split plat or lot line adjustment no longer appropriate or necessary.

(b)

Fees. The fee or fees for processing, recording and other services, as established from time to time by the board of supervisors by resolution or order, shall be paid by the applicant as provided in such resolution or order. The board of supervisors may for good cause shown amend, reduce or waive the fee for a modification application.

(c)

Materials for Filing. Any applicant proposing a modification to a recorded final or parcel map, lot split plat or lot line adjustment pursuant to this section shall submit the following information:

(1)

The materials described in section 21-7 and 21-8 of this chapter;

(2)

A complete description of the proposed modification;

(3)

A detailed written description of the manner in which the proposed modification meets the findings described in subsection (h) of this section; and

(4)

Any additional materials required by the county at the time of application submission.

(d)

Applicant. An application for a modification to a recorded final or parcel map or lot split plat or lot line adjustment shall be signed by all parties having any record title interest that may be affected by the requested modification.

(e)

Easements. For the purpose of this section, the modification of a condition relating to an easement (e.g. location or use) shall not be found to alter any right, title or interest in the real property if the application is signed by all parties having any record title interest in the real property subject to the recorded final or parcel map or shown on approved lot split plat or approved lot line adjustment.

(f)

Review. The proposed modification shall be reviewed by the subdivision/development review committee, which shall submit its recommendation to the decision-maker.

(g)

Procedure for Modification of a Final or Parcel Map Lot Split Plat or Lot Line Adjustment. Any proposed modification of a final or parcel map or lot line adjustment, except for a parcel map for an urban lot split, shall require a public hearing before the decision-maker with current jurisdiction as determined by this chapter for the final or parcel map or line lot line adjustment proposed to be modified, according to the procedures specified in section 21-7 of this chapter. Any proposed modification of a parcel map for an urban lot split shall be under the jurisdiction of the director and shall not require a public hearing. Any proposed modification of a lot split plat shall require a public hearing and be under the jurisdiction of the zoning administrator. The subject of the hearing shall be confined to consideration of and action on the proposed modification(s). Notice of such hearing shall be provided as prescribed by State Subdivision Map Act, California Government Code Section 66451.3 and this chapter as provided in section 21-71.3 (Public

Hearing Notice). The action of the decision-maker shall be final, unless appealed to the board of supervisors as provided in section 21-71.4 (appeals).

(1)

Applications for modifications of a final or parcel map, lot split plat or lot line adjustment shall also be processed in compliance with the requirements of section 21-32A, Agricultural Buffers, of division 5, Subdivision Standards and Principles, of article I, Subdivisions, of this chapter.

(h)

Findings. Modifications to recorded final or parcel maps, lot split plats or lot line adjustments shall be approved only if all of the following findings can be made:

(1)

There are changes in circumstances that make any or all of the conditions of such a recorded final or parcel map, lot split plat or lot line adjustment no longer appropriate or necessary.

(2)

The modification does not impose any additional burden on the present fee owner of the property.

(3)

The modification does not alter any right, interest or title reflected by the recorded final or parcel map, lot split plat or lot line adjustment.

(4)

The recorded final or parcel map, lot split plat or lot line adjustment as modified conforms to the provisions of section 66474 of the California Government Code.

(5)

The recorded final or parcel map, lot split plat or lot line adjustment as modified is consistent with the applicable zoning ordinance.

(6)

The property for which the modification is sought is in compliance with all laws, rules and regulations pertaining to zoning uses, subdivisions, height and setbacks, and any other provisions applicable to the property for which the modification is sought, and such enforcement fees as established from time to time by the board of supervisors have been paid.

(7)

The recorded final or parcel map or lot line adjustment as modified does not result in an increased number of dwelling units or a greater density than the recorded final or parcel map or lot line adjustment.

(i)

Final Action. Upon approval of the requested modification, the applicant shall submit to the county surveyor, consistent with such approval, either an amending map, certificate of correction or other documents as the county surveyor shall determine to be appropriate, which amending map, certificate of correction or other documents shall be recorded with the Santa Barbara County recorder.

(j)

Certificate of Correction. A Certificate of Correction amending a final or parcel map shall be prepared in accordance with section 66470 of the California Government Code. Submittal requirements of the document shall include:

(1)

Two copies of the certificate of correction;

(2)

Current lot book guarantee or suitable document listing the present fee owners and all holders of record title interest of the real property affected by the certificate of correction;

(3)

Assessor parcel numbers shall be listed on the certificate of correction for all affected property;

(4)

Fees as prescribed by the board of supervisors.

(Ord. No. 3935, § 1; Ord. No. 4154, §§ 1.1, 1.2, 1.3, 1.4; Ord. No. 4157, § 10: Ord. No. 4436, § 16; Ord. No. 4525, § 3; Ord. No. 4854, § 2, 4-16-2013; Ord. No. 5237, § 16, 2-11-2025)

Division 3.1. - Vesting Tentative Maps

A tentative map including a tentative parcel map filed in compliance with the provisions of this chapter may be approved for residential development as a vesting tentative map if it is in conformity with the provisions of this division and with the applicable provisions of division 2, title 7, of the California Government Code (the Subdivision Map Act). Such map shall have printed conspicuously on its face the words "Vesting Tentative Map" in compliance with California Government Code Section 66452.

(Ord. No. 3552, § 1: Ord. No. 4436, § 17)

A vesting tentative map approved pursuant to this division shall be subject to the provisions of chapter 4.5 (Development Rights) of division 2 of title 7 of the California Government Code. The rights conferred by a vesting tentative map as provided herein shall last for an initial period of one year beyond the date of the recording of the final or parcel map. This one-year time period may be extended by the decision-maker for an additional one year in accordance with State Subdivision Map Act, California Government Code

Sections 66452.6(g) and 66463.5(g), provided an application is filed with the planning and development department prior to the expiration of the initial time period.

(Ord. No. 3552, § 1; Ord. No. 4157, § 11: Ord. No. 4436, § 17)

No tentative map shall be approved as a vesting tentative map within any zoning district requiring a development plan for any project requiring a development plan unless a final development plan in conformity with the provisions of chapter 35 of the Santa Barbara County Code is approved before or concurrently with the approval of the vesting tentative map. A vesting tentative map may be approved without a final development plan in those zoning districts in which there is no requirement for a development plan. Projects within a zoning district requiring a development plan for only certain kinds of development will acquire vested rights to such development only for the improvements included in an approved development plan.

(Ord. No. 3552, § 1: Ord. No. 4436, § 17)

Approval of a vesting tentative map under the provisions of this division is made upon the condition that all development which is to acquire vested rights to be made in substantial compliance with the ordinances, policies, and standards in effect at the time of the approval or conditional approval must be disclosed and incorporated in any final development plan required under this division or in an amendment to such final development plan.

(Ord. No. 3552, § 1: Ord. No. 4436, § 17)

A final development plan approved in connection with a vesting tentative map may be amended on application of the owner in conformity with any requirements provided in chapter 35 of the County Code for the amendment of final development plans. During the time such vested rights are effective, such amendment of a final development plan filed in connection with a vesting tentative map shall be made in substantial compliance with the ordinances, policies, and standards in effect at the time of the approval or conditional approval of the vesting tentative map.

(Ord. No. 3552, § 1: Ord. No. 4436, § 17)

A vesting tentative map shall not be approved for a parcel, any portion of which is within a zoning district which is subject to the coastal land use plan and coastal zoning ordinance, unless a coastal development permit for the subdivision and any required final development plan is obtained or required before the recording of the final or parcel map.

(Ord. No. 3552, § 1: Ord. No. 4436, § 17)

A subdivision of property which has a zoning designation subject to Santa Barbara County Ordinance No. 661 or other, similar, outdated zoning designation, filed for approval as a vesting tentative map, may be approved as a tentative map without the development rights of a vesting tentative map.

(Ord. No. 3552, § 1: Ord. No. 4436, § 17)

Division 4. - Monuments and Survey Procedure