Division 1 — GENERAL PROVISIONS

This article is adopted pursuant to the provisions of the Subdivision Map Act set forth in Cal. Gov’t Code §§ 66410 et seq. for the purpose of regulating and controlling the design and improvement of subdivisions within the City of Santa Paula. Such regulation is required to promote the public health, safety, and welfare; to ensure orderly growth and development; encourage appropriate land use; and assist with preserving property value. The regulations set forth in this article are intended to supplement the Act and must be used in conjunction with the regulations set forth in the Act for all activities associated with subdividing land within the city's jurisdiction. Nothing in this article is intended to supersede the Act and the Act prevails over any conflicting part of this article. (Ord. 1102, passed 6-7-04)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this article. Words and phrases not given a meaning by this article have the meaning set forth in this title and the Act.

ACT means the Subdivision Map Act as set forth in Cal. Gov’t Code §§ 66510 et seq. and any subsequently adopted amendments or successor statutes. Unless specified otherwise, all citations in this article to an unspecified code are to the California Government Code.

CEQA means, collectively, the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.), the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000 et seq., the "CEQA Guidelines"), and the city's Environmental Guidelines.

CONDOMINIUM CONVERSION PROJECT means the division of real property into common interest, the establishment of a community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative as set forth in Cal. Civ. Code § 1351.

CONSTRUCTION includes, without limitation, design, acquisition of right-of-way, administration of construction contracts and actual construction.

DIRECTOR means the Planning Director, or designee.

ENGINEER means the City Engineer, or designee.

LOT LINE ADJUSTMENT means an adjustment of an existing lot line between four or fewer adjoining parcels where the land taken from one parcel is added to an adjoining parcel and a greater number of parcels than originally existed is not created.

PLANNING COMMISSION may be used interchangeably with "Advisory Agency" as defined in the Act. (Ord. 1102, passed 6-7-04)

• (A) Unless exempt, land subdivisions require one of the following:

• (1) A tentative map or vesting tentative map;

• (2) A Final Map; or

• (3) A parcel map.

• (B) In accordance with Cal. Gov’t Code § 66412, this article does not apply to the following:

• (1) Leases of agricultural land for agricultural purposes.

• (2) Leases of land exclusively for the placement and operation of cellular radio transmission facilities. Establishing such facilities is subject to the city's discretionary approval.

• (3) Leases of land or granting of easements in conjunction with financing; erecting; and sale or lease of windpowered electrical generation devices. Establishing such facilities is subject to the city's discretionary approval.

(4) Financing or leasing of apartments, offices, stores, or similar spaces within apartment buildings, industrial buildings, commercial buildings, or mobile home parks.

(5) Financing or leasing any parcel of land, or portion thereof, in conjunction with construction of commercial or industrial buildings on a single parcel, or the financing or leasing of existing separate commercial or industrial buildings on a single parcel.

• (6) Mineral, oil, or gas leases.

• (7) Land dedicated for cemetery purposes under the Cal. Health & Safety Code.

• (8) Any separate assessment under Cal. Rev. and Tax. Code § 2188.7.

(9) Conversion of a community apartment project or stock cooperative, as defined, respectively, in Cal. Bus. and Prof. Code §§ 11004 and 11003.2, to a condominium, as defined in Cal. Civ. Code § 783, unless a parcel or Final Map was approved by the City Council, and only if the requirements specified in Cal. Gov’t Code § 66412(g) and (h) are met.

(10) Subdivisions of four or fewer parcels for constructing removable commercial buildings having a floor area of less than 100 square feet.

(11) Construction, financing, or leasing of second dwelling units as authorized by Cal. Gov’t Code §§ 65852.1 and 65852.2.

(Ord. 1102, passed 6-7-04)

(A) The Planning Commission may modify the requirements of this article for a specific application when, in its opinion, the land involved in the subdivision is of such size and shape, or is subject to such title limitations, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impractical for the subdivider to fully conform to the regulations contained in this article.

(B) Such modification may be made only as reasonably necessary or expedient, provided modification ensures conformity with the spirit and purpose of the Act and this title.

(C) Any request for a modification must be made in conjunction with a subdivision application and be reviewed by the Planning Department before a recommendation is made to the Planning Commission. (Ord. 1102, passed 6-7-04)

(A) A tentative and final map is required for all subdivisions creating five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

(1) The land before division contains less than five acres, 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;

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

(3) 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; or

(4) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

(B) A tentative and final parcel map is required for subdivisions (to which this article applies) that create four or less parcels; lot line adjustments; and those subdivisions described above, except that the parcel map requirement may be waived as provided in this article.

• (Ord. 1102, passed 6-7-04; Am. Ord. 1172, passed 7-2-07)

All persons submitting maps as required by this article must pay all fees and deposits as provided by City Council resolutions establishing fees and deposits.

(Ord. 1102, passed 6-7-04)

Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans must be borne by the subdivider at actual cost. The city may require a deposit to be applied toward actual costs.

(Ord. 1102, passed 6-7-04)