Chapter 1 — GENERAL PROVISIONS

The regulations contained in this title shall be known and referred to as the "Subdivision Regulations of the City of Solvang."

(Ord. 86-37, 1986)

This title is for the purpose of regulating the division of land in the city pursuant to the requirements of the Subdivision Map Act of the state. The interpretation and application of the provisions of this title shall be considered as minimum requirements adopted for the protection of the public peace, health, safety and general welfare. (Ord. 86-37, 1986)

• A. This title shall apply to:

  1. Any subdivision as the same now is or hereafter may be defined in Government Code section 66424 and any additions to, amendments of or successors to section 66424.

  2. Any division of a parcel of real property or adjustment or the boundary line between two or more parcels of property which is not defined as a subdivision under subsection (A)(1) of this section. Divisions of land not requiring a tentative and a final map to be filed under Government Code section 66424 shall herein be referred to as "lot splits" where appropriate.

  3. Subdivisions, as defined in subsection (A)(1) of this section, Government Code section 66426(a) , (b) , (c) and (d) and any amendments or successors of such sections; provided, however, that the regulations of this title applicable to parcel maps shall apply to such divisions.

  4. Where a parcel of land was shown as separate parcels, each and every one of which was a gross area of 40 acres or more or each of which was a quarter section or larger, on a record of survey complying with the provisions of the Land Surveyor's Act, Business and Professions Code section 8700 et seq., recorded in the office of the county recorder before March 20, 1972, and the size of such separate parcels conformed to the zoning regulations applicable to the land on the date of such recording, no lot split or subdivision shall be required to establish such parcels as separate and valid parcels.

  5. Where a lot or parcel of land was divided by a record of survey complying with the provisions of the Land Surveyor's Act, Business and Professions Code section 8700 et seq., or deed or contract of sale recorded in the office of the county recorder prior to July 27, 1955, or by filing of a subdivision map or lot split plat or parcel map in the office of the county recorder, or by a lease made prior to July 27, 1955, which lot or parcel conformed to all subdivision and zoning ordinance requirements when created, no lot split or subdivision shall be required to establish such lot or parcel as a separate and valid lot or parcel pursuant to this title; provided, however, no such lot shall be considered to be an approved building site unless it conforms to the requirements of the applicable zoning ordinance when application for a building permit is made. When a record of survey was made, but was not accompanied or followed by a deed, or contract of sale recorded prior to July 27, 1955, or by a lease made prior to July 27, 1955, no exemption shall apply unless the lot or parcel conforms to the requirements of the applicable zoning district at the time application for a certificate of compliance is made.

  6. Where the creation of a lot or parcel was exempted from the provisions of this title or its predecessor ordinances at the time that such lot or parcel was created, or where a lot or parcel was divided in conformity with this title or then applicable predecessor ordinance, no lot split or subdivision shall be required to establish such lot or parcel as a separate and valid lot or parcel pursuant to this title provided that for parcels divided by testamentary disposition, the division must have been accomplished by metes and bounds or surveyor's description and provided further that grants of easement or rights-of-way not consisting of a fee interest shall not be deemed to accomplish a division under such predecessor ordinances.

  7. Where lots or parcels were divided or recombined in compliance with predecessor ordinances under circumstances not requiring the filing of a lot split plat or a tentative parcel map, a certificate of compliance may be issued for such divisions or recombinations notwithstanding that a later division or recombination occurred in compliance with predecessor ordinances, under circumstances not requiring the filing of a lot split plat or a tentative parcel map provided that the description of the parcel for which the certificate of compliance is sought is consistent with the property description of the most recent recorded deeds or records of survey describing or affecting the property. Where such conformity does not exist, a certificate of compliance shall be issued only for the latest division or recombination within the period during which a lot split plat or tentative parcel map was not required to accomplish the division or recombinations.

• B. This title shall not apply to:

  1. Leases which do not create separate building sites, nor to divisions defined in Government Code section 66412.1(a) and (b) and any amendments or successors of such sections.

  2. Any land dedicated for cemetery purposes under the Health and Safety Code , nor to the creation of probate homesteads pursuant to Probate Code section 60 or successor sections, nor to any separate assessment under Revenue and Taxation Code section 2188.7 , nor to any division or conveyance of land for public utility purposes.

3. Any division of land for the purpose of conveyance to or from a public entity or governmental agency, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a tentative map and parcel or final map, provided that a tentative map and parcel or final map shall be required to validate any remainder parcels remaining in private ownership following such conveyance.

(Ord. 86-37, 1986)

• A. No map or any division of land subject to the provisions of this title shall be endorsed or approved by any city officer, employee or agent and no city officer, employee or agent is authorized to approve the same unless it has been prepared and submitted in accordance with, and complies fully with the provisions of this title.

• B. No persons shall offer to sell or lease, to contract to sell or lease, or to finance any parcel or parcels of real property or to commence construction of any building for sale, lease, or financing thereon, except for model homes, or to allow occupancy thereof, for which a final map is required by the Subdivision Map Act or this title, until such map thereof in full compliance with the provisions of said act and title has been filed for record by the county recorder.

• C. 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 thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by the Subdivision Map Act or this title, until such map thereof in full compliance with the provisions of said act and title has been filed for record by the county recorder.

• D. Conveyances of any part of a division of real property for which a final or parcel map is required by the Subdivision Map Act or this title shall not be made by parcel or block number, initial or other designation, unless and until such map has been filed for record by the county recorder.

• E. 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 law (including this title) regulating the design and improvement of subdivisions in effect at the time the subdivision was established.

• (Ord. 86-37, 1986)

• A. Planning Commission. The Planning Commission shall be the advisory agency referred to in the Subdivision Map Act, and shall make such investigations, reports, and recommendations as are necessary to accomplish the intent and purpose of this title.

• B. Community Development Director. The Community Development Director shall be responsible for processing subdivisions, for notifying and furnishing information to the affected persons and agencies as provided herein, 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 ensuring compliance with the conditions of approval and the requirements of this title pertaining to design of the subdivision.

• C. City Engineer. The City Engineer shall be responsible for making recommendations relative to roads, improvements within road rights-of-way and drainage affecting roads, and for inspecting and ensuring compliance with the conditions of approval and the requirements of this title pertaining to such items. He or she shall be responsible for making recommendations relative to grading, building setbacks from natural and manmade slopes, earth stability, soil erosion control and lot drainage, and for inspection and ensuring compliance with the conditions of approval and requirements of this title pertaining to such items. The City Engineer shall also be responsible for coordinating recommendations of various City departments concerned with subdivision maps and parcel maps, and clearances after the advisory agency has approved the particular tentative map concerned.

• D. Health Officer and Building Official. 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 ensuring compliance with the conditions of approval and the requirements of this title pertaining to water supply and health requirements. The Building Official will ensure compliance with water supply and sewage disposal requirements.

• E. Flood Control Engineer. The Flood Control Engineer shall be responsible for making recommendations relative to control of flooding, drainageways and erosion control and for inspecting and ensuring compliance with the conditions of approval and the requirements of this title pertaining to such items.

• F. Fire Chief. The City Fire Chief shall be responsible for making recommendations relative to fire prevention and means for controlling fires and for inspecting and ensuring compliance with the conditions of approval and the requirements of this title pertaining to such items.

• G. City Manager. The City Manager shall be responsible for making recommendations relative to open space and improvements thereof, specimen trees to be preserved, landscaping in accordance with development plans. He or she shall also be responsible for making recommendations on City street lighting policy and inspecting and ensuring compliance with all the conditions of approval and requirements of this title.

• (Ord. 86-37, 1986; Ord. 22-0355 § 136; Ord. 26-0393, 4/13/2026)