Solvang Municipal Code Ch. 8 Administration and Enforcement

A. Established. A Subdivision Committee is hereby established.

B. Members. The Subdivision Committee shall have the following members: the Community Development Director; City Engineer; City Manager or City Manager's designee; Flood Control Engineer; County Health Officer and the Fire Chief or their designated representatives. Other City officers and their assistants and deputies may sit as advisory members.

C. Powers and Duties. The Subdivision Committee shall have the following powers, duties, and authorities:

1. To consider and make recommendations upon subdivision maps, both tentative and final, lot split plats and parcel maps as provided in this title.

2. To consider and make recommendations upon development plans and conditional use permits pursuant to the provisions of the City's zoning ordinance.

3. To consider and coordinate recommendations of county departments on all matters which may hereafter be assigned to the Subdivision Committee by the Planning Commission or the City Council.

D. Rules. The following rules shall apply to the Subdivision Committee:

1. 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.

2. The Subdivision Committee is hereby authorized to establish such additional rules or procedure and elect such officers as it deems appropriate to carry on its business.

(Ord. 86-37, 1986; Ord. 22-0355 § 149; Ord. 26-0393, 4/13/2026)

Compliance with this chapter is a condition precedent to the issuance of a building permit or zoning permit by any person authorized to issue such permits in the City. Building permits and zoning permits issued without prior compliance with this chapter are void. Upon the discovery of the issuance of such permits without compliance herewith, it shall be the duty of the Building Official and Community Development Director to notify the person to whom such permit was issued of the requirements of this chapter and to demand all building and construction work to cease immediately until this chapter has been complied with.

(Ord. 86-37, 1986; Ord. 22-0355 § 150; Ord. 26-0393, 4/13/2026)

Any conveyance of contract made contrary to the provisions of this chapter is voidable to the extent and in the same manner provided in the Subdivision Map Act.

(Ord. 86-37, 1986)

A. Mergers Authorized. Pursuant to the provisions of Government Code section 66499.203/4, a merger and a certificate of merger of existing contiguous parcels of real property may be authorized by the planning/community development director and filed for record by the county recorder only where the planning/community development director makes all of the following findings:

1. The merger will not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments;

2. The boundaries of the merged parcel are well defined with adequate monumentation in existing recorded documents or filed maps;

3. The merger will not alter the exterior boundary of the parcels to be merged;

4. The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel;

5. All parties having any record title interest in the real property affected have consented to the merger upon a form and in a manner approved by the city council, excepting all those interests that are excepted from the requirement to consent to the preparation and recordation of final maps under the provisions of Government Code section 66436 and according to the terms, provisions, reservations and restrictions provided therein for such consent; and

6. All necessary fees and requirements, including a fee for recording the document, have been provided.

B. Concurrent Filing of Record of Survey. Where a record of survey is deemed to be necessary by the planning/community development director in order to monument and define the boundaries of the merged parcel, such record of survey, otherwise in compliance with all requirements, may be filed at the same time as the merger and certificate of merger. Prior to filing record of survey, the same shall be first approved by the city engineer for conformance with this title and the approvals required thereby.

C. Merger of Parcels. The filing of said merger and certificate of merger for record shall constitute a merger of the separate parcels into one parcel for the purpose of the Subdivision Map Act and this title, and the parcels shall thereafter be treated in all respects as a single parcel.

D. Recording of Merger Without Approval. No person shall record a document merging separate legal parcels into a single legal parcel for the purposes of the Subdivision Map Act and this title, except in conformity with the provisions of this title.

E. Fees. The city council shall establish by resolution such fees as may be required for the review and processing of a proposal for voluntary merger.

(Ord. 86-37, 1986)

A. Findings of Fact. The city council finds that the development of property other than by means of a subdivision will contribute to the drainage, flood control and erosion problems of the areas specified in the drainage elements referred to in ordinances enacted under the Subdivision Map Act. The city council further finds that the development of land other than by subdivision will contribute to the drainage, flood control and erosion problems in the same relative proportions as the lands developed by the subdivision. The city council further finds that the development will require construction of the facilities described in the drainage element of the city's general plan. The city council further finds that the fees, as hereinafter specified, are fairly apportioned within the local drainage areas on the basis of benefits conferred on the property proposed to be developed and on the need for local drainage facilities created by the proposed development within the local drainage area. The city council further finds that the fees, as hereinafter specified, do not exceed, as to any property proposed to be developed within the local drainage area, the pro rata share of the amount of the total actual or estimated cost of all facilities within the local drainage area which would be assessable on such property if such costs were apportioned uniformly on a per acre basis.

B. Applicability. This section shall not apply to subdivisions nor to building permits for alterations or additions to existing buildings or structures.

C. Drainage Facilities Additional. The drainage facilities planned in the drainage element of the general plan that may be adopted are in addition to existing local drainage facilities serving the area at the time of the adoption of the drainage plan for the area.

D. Fees When Drainage Element Adopted. In any area of the city where the drainage element of the city’s general plan has been adopted and a fee ordinance under the provisions of the Subdivision Map Act has been enacted and is in force, no building permit shall be issued for the original construction of a residence, commercial, industrial, school, church, shopping center or other building or structure, or development unless and until a fee has been paid to the city in accordance with a schedule of rates established by resolution of city council.

E. Use of Fees. All fees paid to the city under the provisions of this chapter shall be deposited in the city treasury in the special fund created under the particular ordinance for that drainage area under the authority of the Subdivision Map Act which fund shall be maintained as a separate fund and expanded in the manner provided in said act.

F. Credit to Subdivider. In any case in which the owner or developer or subdivider of land contributes cash or other valuable consideration approved by the city attorney toward the construction of the facilities included in the drainage element of the general plan, then such owner, subdivider or developer shall receive credit for such contribution upon the fees specified herein at the time such land is subdivided.

(Ord. 86-37, 1986; Ord. 23-0373, § 46)

A. Purpose and Intent. To provide a process through which applicants can obtain an adjustment of a lot line or lines between four or less existing adjacent parcels, pursuant to Section 66412(d) of the State Subdivision Map Act.

B. Definition of a Lot Line Adjustment. As described in Section 66412(d) of the Subdivision Map Act of the state of California, a "lot line adjustment" is an adjustment between four or less existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existing is not thereby created. A combination or consolidation of existing parcels (eliminating lot lines) may be accomplished through the same procedure.

C. Application Process. A property owner or his or her representative shall submit an application to the office of the Community Development Director. The application form and specifications shall be as established by the planning division of the City of Solvang. Application and processing fees shall be as established by the City Council of the City of Solvang. An informal hearing process may be established, if necessary.

D. Review by Local Agency. The Community Development Director shall have authority to review and approve a tentative lot line adjustment. Said review and approval shall be limited to a determination of whether or not the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances.

The Community Development Director shall not impose conditions or exactions on approval of a lot line adjustment except to conform to the City's zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements.

If the scale and nature of the requested lot line adjustment (e.g., the number of acres and/or parcels) would, in the opinion of the Community Development Director, raise questions as to consistency with the purpose and intent of the lot line adjustment in relation to the city's general plan and/or zoning code, the Community Development Director shall have the authority to refer the requested lot line adjustment to the planning commission for an informal public hearing.

No tentative map, parcel map, or final map shall be required as a condition of approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. The final form of documentation of a lot line adjustment shall be subject to approval of the City Engineer.

E. Appeal Process. Any determination by the Community Development Director or other staff member with regards to a lot line adjustment may be appealed to the Planning Commission for their consideration. The appeal must be filed in writing, with the applicable fee deposit, within 15 calendar days of the staff determination. The appeal will be scheduled for consideration at the earliest feasible date.

Any determination by the Planning Commission with regards to a lot line adjustment may be appealed to the City Council for their consideration. The appeal must be filed in writing, with the applicable fee deposit, within 15 calendar days of the staff determination. The appeal will be scheduled for consideration at the earliest feasible date.

(Ord. 07-265, 2007; Ord. 22-0355 §§ 151—153; Ord. 26-0393, 4/13/2026)

A. Purpose. To define general and specific objectives, policies and procedures, specifically directed to the conversion of existing buildings into condominiums, community apartment and stock cooperative projects.

B. Objectives. In the administration of the provisions of this chapter, the city shall strive to achieve the following objectives when considering the conversion of existing buildings to condominiums, community apartment projects and stock cooperatives.

In general, conversion of existing buildings to condominiums, community apartment projects and stock cooperatives should enhance, particularly with respect to persons of lower and moderate economic means, reasonable availability of housing. Conversion of existing buildings to condominiums, community apartment projects and stock cooperatives should not occur when there is likely to be a major displacement of tenants.

C. Procedures and Standards.

1. All other requirements and procedures of the Subdivision Map Act and this title shall apply to condominiums, community apartment projects and stock cooperative conversions.

2. The planning commission and city council shall deny any tentative or final subdivision of existing buildings into condominiums, community apartment projects or stock cooperatives when the conversion will result in the involuntary displacement of any of the existing tenants within five years of approval.

D. Definitions and Applications. For the purpose of this chapter, the term "condominium" shall be defined as in Civil Code section 783. The term "community apartment project" shall be defined as in Business and Professions Code section 11004. The term "stock cooperative" shall be defined as in Business and Professions Code section 11003.2.

(Ord. 86-37, 1986)

A. Findings.

1. In many instances, mobile home rental parks provide the most affordable single-family (detached) living units for lower income families.

2. Mobile home park tenants have a substantial investment in their mobile homes.

3. Because of the shortage of mobile home rental park spaces in the city, substantial economic and social hardships could occur for mobile home park tenants who could not afford to purchase a lot as a result of conversion to a mobile home condominium or subdivision.

4. Opportunities for mobile home lot ownership in new developments are available through the city's mobile home subdivision zoning provisions.

B. Prohibited Conversion. Pursuant to the findings set forth in subsection A of this section the conversion of mobile home rental parks to mobile home subdivisions is hereby prohibited.

(Ord. 86-37, 1986)

A. Nuisance Declared. Any violation of this chapter shall be deemed to constitute a public nuisance, and in addition to any penalties provided for herein, such violation may be abated by appropriate action of the city attorney.

B. Misdemeanors.

1. Any division or attempted division of land for any purpose, including gift, without prior compliance with the requirements of this chapter shall be a misdemeanor.

2. Any offer to sell, contract to sell or finance sale or deed of conveyance made contrary to the provisions of this chapter shall be a misdemeanor.

C. Penalty. Any person violating any of the provisions of this chapter, upon conviction thereof, shall be punished as provided in title 1, chapter 3 of this code.

(Ord. 86-37, 1986)