This title is the subdivision ordinance of the city, Title 18 of the Buellton Municipal Code, hereafter referred to as this "title." This title is enacted to provide regulations for the subdivision of land in accordance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code (hereafter referred to as the "Map Act"), implement the Buellton general plan, and more particularly, to avoid:
A. 
The creation of new parcels of inadequate size and poor design;
B. 
The development of roads of inadequate width, or improper alignment, grade or improvements;
C. 
The lowering of property values and the loss of opportunity for the satisfactory overall development of neighborhoods caused by successive, uncontrolled or haphazard subdivisions;
D. 
Excessive costs to the city for providing services as a result of new subdivisions not adequately paying for the costs of services they demand.
(Prior code § 18.01.010; Ord. 94-16, 1994)
A. 
Where Applicable. The provisions of this title apply to any subdivision of real property within the city (hereafter referred to as the "city"), except as otherwise provided by this title, state or federal law.
B. 
Compliance with Subdivision Ordinance Required. It is unlawful, and a violation of this code, for any person to subdivide any real property within the city without fully complying with all applicable provisions of this title. The penalties for violation of the provisions of this title and procedures for enforcement are established by Chapter 18.10 of this title.
C. 
Conflicting Provisions. In the event of conflicts between the provisions of this title and the provisions of the Buellton zoning ordinance (Title 19 of this code), or any other applicable provision of this code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this title and the Subdivision Map Act (Division 2 of the California Government Code), the Map Act shall control.
(Prior code § 18.01.020; Ord. 94-16, 1994)
A. 
Subdivision Approval Required. Any subdivision of land in the city shall require the filing and approval of a tentative map in compliance with Chapter 18.01 of this title, and:
1. 
A parcel map (Sections 18.04.100 et seq.) for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Chapter 1, Article 2 of the Map Act; or
2. 
A final map (Sections 18.04.200 et seq.) for a subdivision of five or more parcels, except as provided in subsection B of this section.
B. 
Exemptions—No Subdivision Approval Required. As provided by Article 1, Chapter 1 of the Map Act, the following subdivisions do not require the filing or approval of tentative, parcel or final maps:
1. 
The financing or leasing of: apartments, or similar spaces within apartment buildings, mobilehome parks or trailer parks; or "granny" units or secondary units in compliance with Government Code Sections 65852.1 or 65852.2, respectively.
2. 
The financing or leasing of: offices, stores or similar spaces within industrial or commercial buildings; existing separate commercial or industrial buildings on a single parcel.
3. 
The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if the Buellton zoning title (Title 19 of this code) requires a conditional use permit for the project.
4. 
Mineral, oil or gas leases.
5. 
A lot line adjustment processed in compliance with Sections 18.06.100 et seq.
6. 
Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.
7. 
The conversion of a community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Sections 66412(g) or 66412(h), respectively.
8. 
Any conveyance of land to or from a governmental agency, public entity, public utility or conveyed to a subsidiary of a public utility for rights-of-way.
9. 
The conversion of certain mobilehome parks to condominiums as provided by Map Act Section 66428(b).
(Prior code § 18.01.030; Ord. 94-16, 1994)
No building permit or land use permit shall be issued if the planning director has first determined that the subject parcel has either:
A. 
Not been divided as required by this title; or
B. 
If divided in violation of this title, has not complied with the conditions stated in a recorded conditional certificate of compliance in compliance with Sections 18.06.210 et seq.
(Prior code § 18.01.040; Ord. 94-16, 1994)
It shall be the responsibility of the Buellton planning department and its director, the city engineer, the planning commission (hereafter referred to as the "commission"), city council (hereafter referred to as the "council"), and other affected city departments, to administer and enforce the provisions of this title.
(Prior code § 18.01.100; Ord. 94-16, 1994)
The director or designee shall be responsible for the general administration of this title, and for the processing of tentative maps for all types of subdivisions; for notifying and furnishing information to interested persons and agencies; for coordination, accumulation and presentation of information to the commission and council on subdivision matters; for making recommendations relating to the overall design of land divisions including land for recreational purposes; and for ensuring compliance with the provisions of this title pertaining to tentative maps.
(Prior code § 18.01.110; Ord. 94-16, 1994)
A. 
Authority and Duties. The subdivision committee is established as an official advisory agency in compliance with Map Act Section 66415, and is assigned the duties of making investigations and advisory reports recommending approval or disapproval, and conditions of approval on the design and improvements of subdivision applications. The subdivision committee is also empowered to evaluate alleged illegal lots and to determine whether such lots have been created in violation of this title, in compliance with Chapter 18.10, to review and approve lot line adjustments in compliance with Chapter 18.06, and to review and approve conditional certificates of compliance in compliance with Chapter 18.06.
B. 
Membership and Meetings. The committee shall be composed of the following Buellton officials or their designated representatives, as voting members:
1. 
The planning director, who shall chair the committee;
2. 
The city engineer;
3. 
The fire chief; and
4. 
The public works director.
Meetings of the subdivision committee shall be called by the planning director.
(Prior code § 18.01.120; Ord. 94-16, 1994)
The following city departments, and officials or their designated representatives, shall assist in the administration of this title by making recommendations on proposed subdivisions and performing other duties as follows:
A. 
City Engineer. Shall be responsible for recommendations about geology, drainage or flooding conditions that may affect the public, as well as grading, stability, and erosion control in relation to lot access and building sites, streets, utilities, improvements within street rights-of-way, and drainage affecting streets, and for:
1. 
Processing parcel and final maps and coordinating the approvals of other officials involved with the maps.
2. 
Presentation of final maps to the council.
3. 
The approval of parcel maps, as provided by Map Act Section 66463(b).
4. 
Reviewing engineering or land surveying conditions of approval that are to be imposed on a ten-tative map, to determine compliance with accepted engineering or surveying practices.
B. 
Fire Chief. Shall be responsible for recommendations about fire prevention and protection.
C. 
Police Chief. Shall be responsible for recommendations about crime prevention and public safety.
D. 
Public Works Director. Shall be responsible for recommendations on water and sewer service.
Recommendations prepared in compliance with this section shall be submitted to the planning director for forwarding to the commission and/or council. Each city official shall be responsible for making any inspections necessary to formulate their recommendations and thereby ensure compliance with the provisions of this title and any conditions of approval of a tentative map adopted in compliance with Section 18.02.230 of this title.
(Prior code § 18.01.130; Ord. 94-16, 1994)
A. 
The Buellton planning commission is designated to be the appeal board in compliance with Map Act Section 66416, to hear and decide upon appeals of the recommendations of the subdivision committee on tentative maps and their conditions of approval. The commission shall also serve as an advisory agency in compliance with Map Act Section 66415 by conducting public hearings and making recommendations to the council on tentative maps.
B. 
The city council is also designated as an appeal board in compliance with Map Act Section 66416, to decide upon appeals of decisions of the commission on tentative maps and their conditions of approval. The council shall also perform all duties assigned to the legislative body by the Map Act for the processing of subdivisions.
(Prior code § 18.01.140; Ord. 94-16, 1994)
At least 30 days prior to filing any judicial action or proceeding to attack, review, set aside, void or annul the decision of the commission or council concerning a tentative, parcel or final map, or any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, written notice shall be served upon the council detailing the nature of the conduct or action intended to be challenged. This section is not intended to extend or toll in any way the statute of limitations provided in Government Code Section 66499.37.
(Prior code § 18.01.200; Ord. 94-16, 1994)
If any section, subsection, paragraph, subparagraph, sentence, clause, phrase or word of this title is for any reason held to be invalid, unconstitutional or unenforceable, such decision shall not affect the validity of the remaining portions of this title. It is declared that this title, and each section, subparagraph, sentence, clause, phrase and word thereof, would have been adopted irrespective of the fact that one or more of such portions of this title be declared invalid, unconstitutional or unenforceable.
(Prior code § 18.01.210; Ord. 94-16, 1994)