Chapter 16.04
GENERAL REGULATIONS
Sections:
16.04.040 Application of Subdivision Map Act.
16.04.050 Extent of regulations.
16.04.060 Advisory agency designation.
16.04.070 Environmental impact review.
16.04.075 Environmental mitigation reporting.
16.04.100 Corrections and amendments.
16.04.110 Security for the payment of taxes and special assessments – Release.
16.04.120 Designated remainder parcel.
16.04.130 Consideration of housing needs.
16.04.140 Covenants for easement.
16.04.170 Delegation of duties.
16.04.010 Title.
This title is adopted to supplement and implement the Subdivision Map Act and may be cited as the “Solana Beach Subdivision Ordinance”. (Ord. 101 Exh. A, 1989)
16.04.020 Definitions.
Words in this title that are defined in the Subdivision Map Act but not specifically defined in this chapter shall have the same meaning as is given to them in the Subdivision Map Act. Words in this title that are defined in this code but are not specifically defined in this section shall have the same meaning as established by this code. Whenever the following words are used in this title, they shall have the meaning ascribed to them in this section:
“Adjustment plat” means a plat prepared pursuant to Chapter 16.36 SBMC and certified by the city engineer as having been approved pursuant to this title and filed in the office of the city engineer.
“Bicycle” means a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement.
“Bicycle route” means the generic term for all facilities that explicitly provide for bicycle travel by a course which is to be traveled.
“Cable television lines” means electronic cable, conduit and any other appurtenances thereto which distribute television or other electronic communication signals.
“City engineer” means the person designated by the city manager to perform the functions of a city engineer.
“City standards” means those standards and specifications, including standard drawings, as may be adopted from time to time by the city engineer. The standards shall be on file in the office of the city clerk and in the engineering department.
“City street system” means the streets owned by the city which have been accepted by the city for the purpose of maintenance.
“Common interest development” means any of the developments defined in Section 1351 of the State Civil Code.
“Certificate of compliance” means a document describing a unit or contiguous units of real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto.
“Conditional certificate of compliance” means a document describing a unit or contiguous units of real property and stating that the fulfillment and implementation of the conditions set forth therein are required prior to subsequent issuance of a building or grading permit applicable thereto.
“Final map” means a map prepared pursuant to Chapter 16.20 SBMC and the Subdivision Map Act which, after approval and recordation, is effective to complete the subdivision of a major subdivision.
“Improvement” means:
1. Such street work, utilities, and appurtenances to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways, bicycle routes, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood for traffic, drainage, flood control, fire protection and sanitation needs as a condition precedent to the approval of a parcel map or final map;
2. Any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city or by a combination thereof, is necessary to ensure conformity to or implementation of the general plan, any applicable specific plan, any applicable redevelopment plan, and any applicable provision of the city zoning provisions, including, but not limited to, public facilities and services plan prepared according to the city zoning provisions.
“Lot area” for the purposes of subdivision design means the horizontal area within the boundary lines of a lot exclusive of:
1. The area of any street right-of-way or road easement;
2. Any flood control easement or floodway which must be fenced as a condition of approval of the subdivision map on which the lot is shown;
3. Any portion of the lot which is less than 35 feet wide for a distance of 50 feet or more and which is designated or used to provide vehicular or pedestrian access to the part of such lot which is designed for use as a building site;
4. Any portion of the lot which is encumbered by a utility easement for the placement of high voltage electrical lines;
5. Any undevelopable portion of the lot, which portion shall be determined in accordance with all provisions of the city’s general plan including, without limitation, Policy 1.b. of the general plan.
“Major subdivision” means a subdivision of five or more lots.
“Minor subdivision” means a subdivision of four or fewer lots.
“Notice of violation” means a recorded document describing a unit or contiguous units of real property, naming the owners thereof, and describing the manner in which the real property has been divided. or has resulted from a division in violation of the Subdivision Map Act and city ordinances enacted pursuant thereto.
“Parcel map” means a map prepared pursuant to Chapter 16.32 SBMC and the Subdivision Map Act which, after approval and recordation, is effective to effect the subdivision of a minor subdivision.
“Street” means a state highway, county or city road or street, public road, public street, public alley or other public thoroughfare. Whenever the term “private street” is used, it means a street which is not owned and maintained by the city, county or state. A city street is a street which has been accepted into the city street system and is owned and maintained by the city.
“Subdivider” means a person, firm, corporation, partnership or association who prepares to divide, divides, or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not “subdividers.”
“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a common interest development as defined in Civil Code Section 1351 and condominium projects, community apartment projects, stock cooperative projects or the conversion of existing dwellings to any one of these type projects. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasteurizing of livestock.
“Subdivision Map Act” means the Subdivision Map Act as set forth in Division 2 of Title 7 of the Government Code of the state commencing with Section 66410.
“Tentative map” means a map prepared for the purpose of showing the design and improvement of a proposed major subdivision, and the existing conditions in and around it, filed with the community development department for approval or conditional approval by the city council precedent to the preparation and filing of a final map which may, but need not be, based upon an accurate and detailed final survey of the property.
“Tentative parcel map” means a map prepared for the purpose of showing the design and improvement of a proposed minor subdivision, and the existing conditions in and around it, filed with the city engineer for approval or conditional approval precedent to the preparation and filing of a parcel map, or precedent to waiver of the requirement for a parcel map which may, but need not be, based upon an accurate and detailed final survey of the property.
“This code” or “code” means the Solana Beach Municipal Code, or the provisions of any ordinance of the city which may be referred to as a part of the Solana Beach Municipal Code. Until adoption of a comprehensive zoning title of the Solana Beach Municipal Code any reference to the zoning ordinance or the city zoning provisions shall refer to the various zoning ordinances adopted by the city, including the provisions of any San Diego County zoning ordinance which has been adopted by reference.
“Vesting tentative map” means a tentative map for a subdivision which conforms with the requirements of Chapter 16.17 SBMC, and confers upon the subdivider certain rights established by this title. “Vesting tentative parcel map” means a vesting tentative map prepared in conjunction with a parcel map. (Ord. 101 Exh. A, 1989)
16.04.030 Prohibition.
No person shall create a subdivision or common interest development except in accordance with the provisions of the Subdivision Map Act and this title. All subdivisions and common interest developments shall comply with the applicable provisions of all environmental review, zoning, building, and other relevant ordinances of the city. (Ord. 101 Exh. A, 1989)
16.04.040 Application of Subdivision Map Act.
A. All of the provisions of the Subdivision Map Act, and all of the provisions of this title apply to subdivisions as defined in this title, unless a provision of this title expressly provides differently.
B. This title shall be inapplicable to:
1. The financing or leasing of:
a. Apartments, offices, stores or similar space within a duplex, multiple dwelling, apartment building, industrial building, commercial building, mobile home park or trailer park,
b. Any parcel of land or portion thereof in conjunction with the construction of commercial or industrial buildings on a single parcel, if the project is subject to design and improvement review under other provisions of SBMC Title 17, or
c. Existing separate commercial or industrial buildings on a single parcel;
2. Mineral, oil or gas leases;
3. Land dedicated for cemetery purposes under the Health and Safety Code of the state;
4. A lot line adjustment between two or more 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 existed is not thereby created, provided an adjustment plat for the lot line adjustment is approved by the city engineer, pursuant to Chapter 16.36 SBMC. The city engineer shall not impose conditions or exactions on approval of a lot line adjustment except to conform to the building and zoning requirements contained in this code or city ordinance, or except to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, tentative parcel map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, certificate of compliance, or record of survey which shall be recorded;
5. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party;
6. Leases of agricultural land for purposes of cultivation of food or fiber or the grazing or pasteurizing of livestock;
7. Any separate assessment under California Revenue and Taxation Code Section 2188.7;
8. Unless a parcel or final map was approved by the city council, the conversion of a community apartment project, as defined in Section 11004 of the California Business and Professions Code, to a condominium, as defined in Section 783 of the California Civil Code or a stock cooperative to a condominium; provided, that the requirements of Government Code Sections 66412(g) or (h), respectively, have been met and the subdivider provides certification that the requirements have been met;
9. The leasing of, or granting of an easement to, a parcel of land or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of wind-powered electrical generating device on the land, if the project is not otherwise subject to discretionary review pursuant to this code;
10. The construction, financing or leasing of dwelling units, pursuant to California Government Code Section 65852.1 or second units pursuant to Section 65852.2 of said code. The sale or transfer of those units, except in conjunction with a sale or transfer of the entire parcel to the same person, but not the leasing of those units, shall be subject to this title;
11. The leasing of property within the parking area of a larger project for the purpose of constructing a removable commercial building having a floor area of less than 100 square feet. (Ord. 101 Exh. A, 1989)
16.04.050 Extent of regulations.
A. No real property, improved or unimproved, consisting of a single unit, or two or more contiguous units, 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. 101 Exh. A, 1989)
16.04.060 Advisory agency designation.
A. There shall be no advisory agency as that term is used in the Subdivision Map Act, for major subdivisions and minor subdivisions. All final maps, tentative maps, and tentative parcel maps shall be submitted to the city council for approval, conditional approval or denial.
B. The city engineer is the advisory agency, as that term is used in the Subdivision Map Act, for lot line adjustments pursuant to Chapter 16.36 SBMC and certificates of compliance. The city engineer may prescribe, subject to the approval of the city council by resolution, such additional rules and regulations as are necessary or advisable with respect to the form and content of the documents necessary for such lot line adjustments and certificates of compliance. (Ord. 101 Exh. A, 1989)
16.04.070 Environmental impact review.
All tentative maps and tentative parcel maps shall be subject to environmental review in accordance with the California Environmental Quality Act and SBMC Title 18. Decisions to approve, conditionally approve or deny any tentative map or tentative parcel map shall be based, among other things, on the information contained in the environmental documents. (Ord. 101 Exh. A, 1989)
16.04.075 Environmental mitigation reporting.
Whenever environmental mitigation measures are imposed as a condition of a subdivision approval, or are incorporated into the design or improvement of a subdivision, the subdivider shall certify to the community development director compliance with the measures before obtaining the final or parcel map for the subdivision. This section implements Section 21081.6 of the Public Resources Code. Compliance with this section shall not relieve the subdivider of any other obligation to mitigate environmental impacts of a project. (Ord. 101 Exh. A, 1989)
16.04.080 Soils reports.
A. A preliminary soils report, prepared by a civil engineer, or engineering geologist, registered in this state and based upon adequate test borings and field investigations, shall be submitted to the city engineer for every subdivision.
B. A preliminary soils report may be waived by the city engineer providing the city engineer finds that, due to the knowledge of the city, no preliminary analysis is necessary. The city engineer’s findings setting forth the reasons therefor shall be contained in a writing filed with the subdivision application.
C. If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a detailed soils investigation of each lot in the subdivision may be required by the city engineer. Such soils investigation shall be done by a civil engineer, or engineering geologist, registered in this state, who shall recommend the corrective action which is likely to prevent damage to each structure proposed to be constructed in the area where such soils problem exists.
D. A subdivision or portion thereof where such soils problems exist may be approved if the city council determines that the recommended corrective action is likely to prevent structural damage to each structure to be constructed and may condition the issuance of any building permit upon incorporation of the approved map and the recommended corrective action in the construction of each structure. (Ord. 101 Exh. A, 1989)
16.04.090 Reservations.
A. As a condition of approval of a final or parcel map, the subdivider may be required to reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses according to the procedural standards and formula contained in this section.
B. The requirement for reservation shall be based upon an adopted specific plan or general plan containing policies and standards for park, recreational facility, fire station, library or other public use facilities. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. The tentative map shall show the manner in which the reserved area will be divided if the area is not acquired within the prescribed period.
C. The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.
D. The purchase price for any acquisition referred to in subsection C of this section shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.
E. If the public agency, for whose benefit an area has been reserved, does not enter into such a binding agreement, the reservation of such area shall automatically terminate.
F. The authority granted by this section shall not be construed as a limitation or as diminution of any other authority of the city to require dedication improvement or fees in lieu of dedication or improvement of any other uses or facilities listed in this section. (Ord. 101 Exh. A, 1989)
16.04.100 Corrections and amendments.
A. Corrections and amendments to final and parcel maps may be accomplished as set forth in the Subdivision Map Act Sections 66469 through 66472 to the extent provided for therein.
B. Changes in any lot line, parcel line or subdivision boundary line may only be accomplished by recording an approved final or parcel map or by the approval of an adjustment plat to the extent provided for in this title.
C. Any other change to a final or parcel map must be accomplished by processing a new tentative map or tentative parcel map. (Ord. 101 Exh. A, 1989)
16.04.110 Security for the payment of taxes and special assessments – Release.
Whenever security is filed with the board of supervisors or the clerk thereof, pursuant to Subdivision Map Act Section 66493, to secure the payment of taxes or special assessments collected as taxes, which are a lien on the property to be subdivided, but not yet payable, the clerk of the board of supervisors upon notification by the tax collector that the total amount of said taxes or special assessments have been paid in full, may release said security. (Ord. 101 Exh. A, 1989)
16.04.120 Designated remainder parcel.
When a subdivision is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder parcel that portion which is not divided for the purpose of sale, lease or financing. A note shall be placed on the final map or parcel map providing that a building permit will not be issued for such parcel until it is further subdivided in accordance with this title. A designated remainder parcel shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required. After the filing of a parcel map or final map which establishes a designated remainder parcel the designated remainder parcel may be sold without any further requirement for filing of a parcel map or final map if a certificate of compliance is first processed pursuant to the provisions of Chapter 16.48 SBMC. Prior to the issuance of a certificate of compliance or conditional certificate of compliance for the sale of a designated remainder parcel, the city engineer shall make a determination under SBMC 16.16.040(H) whether improvements should be required for the designated remainder parcel. The improvement requirements may be imposed as a condition of the certificate of compliance. A notice shall be placed on the certificate of compliance that a building permit will not issue for a designated remainder parcel until it is further subdivided in accordance with the provisions of this title. For the purposes of this title, a parcel designated as “not a part” shall be deemed to be a designated remainder parcel. (Ord. 101 Exh. A, 1989)
16.04.130 Consideration of housing needs.
In making decisions pursuant to this title, the decision maker shall consider the effect of that decision on the housing needs of the region and balance those needs against the public service needs of its residents and available fiscal and environmental resources. (Ord. 101 Exh. A, 1989)
16.04.140 Covenants for easement.
A. Whenever, under the provisions of this code, an easement is necessary or required for parking, ingress, egress, emergency access, fire protection, drainage, sewer or water facilities, light and air access, landscaping or open space purposes, the easement may be created by a covenant pursuant to this section.
B. At the time of recording of the covenant of easement, all the property benefited or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to any conveyance of the affected real property. The covenant of easement shall describe the real property subject to the easement and the real property benefited by the easement. The covenant of easement shall also identify the approval permit or designation granted which relied upon or required the covenant.
C. A covenant of easement shall be enforceable by the city, by the owner of the real property benefited by the covenant and by the successors in interest to the real property benefited by the covenant. The covenant of easement shall be recorded in the office of the county recorder. The burdens of the covenant shall be binding upon and the benefits of the covenant shall inure to all successors in interest to the real property.
D. The covenant of easement may be released upon the application of any person after a public hearing by the city council. Notice of the public hearing shall be given pursuant to Section 65091 of the California Government Code. The city council may authorize the planning director to record a release of the covenant if it determines that the restriction of the property is no longer necessary to achieve the land use goals of the city. An application for release of a covenant shall be accompanied by a fee in an amount as may be set by resolution of the city council. A covenant of easement may be consolidated with any other application for discretionary approval under this code.
E. This section is adopted pursuant to Article 2.7, commencing with Section 65870 of Chapter 4 of Division 1 of Title 7 of the California Government Code. (Ord. 101 Exh. A, 1989)
16.04.150 Notices.
Whenever mailed or other written notice of a hearing decision or other matter is required to be given, the city may require the subdivider to give the notice and to certify the giving of notice by declaration under penalty of perjury. (Ord. 101 Exh. A, 1989)
16.04.160 Hold harmless.
It is a condition of each subdivision approval, or other approval under this title, that the subdivider or his successor or assigns defend, indemnify and hold harmless the city and its officers, employees and agents from any claim, action or proceeding against the city or any of its officers, employees or agents to attach, set aside, void or annul the subdivision approval or other approval including any claim, action or proceeding based upon the adequacy of the environmental review for the project. The city clerk shall promptly notify the subdivider of any claim, action or proceeding. The city shall cooperate fully in the defense of the claim, action or proceeding. Notice under the provision may be given by mail to the subdivider’s address as shown on the application unless the subdivider notifies the city clerk of a different address. Nothing in this section shall be construed to limit any indemnity or hold harmless clause in any subdivision improvement agreement or other agreement between the city and the subdivider. (Ord. 101 Exh. A, 1989)
16.04.170 Delegation of duties.
In order to effectively administer and implement this title, the city manager, community development director, planning director or city engineer may delegate administrative or other duties established by this title to qualified members of the city staff, or to qualified independent contractors of the city. Whenever the terms “city manager,” “community development director,” “planning director” or “city engineer” are used in this title, the term shall include the person or persons to whom specific responsibilities or administrative duties have been delegated. Responsibilities which require a professional license or certification for performance may be delegated only to a person or persons possessing the license or certification. (Ord. 101 Exh. A, 1989)