The provisions of the Subdivision Map Act of the State of California, and the provisions of this Title shall apply to the division of any real property wholly or partially within the City of Lompoc. This Title is adopted pursuant to and shall be applied together with and in conformance with the Subdivision Map Act and the Land Surveyors Act (Business and Professions Code Section 8700 et seq.). It shall be known as the "Subdivision Ordinance of the City of Lompoc."
(Prior code § 2801)
A. 
No permit or entitlement issued by the City shall be issued to any applicant, whether it be the original owner, grantee or other person or the irrespective successors in interest, for a use on or of land or any portion thereof which has at any time been divided in violation of a City ordinance or the Subdivision Map Act if it is found that development of such property is contrary to the public health or safety.
B. 
Such a permit may be issued if the Planning Commission, or the City Council upon appeal, imposes such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property, and such conditions are accomplished or secured to the satisfaction of the City .
C. 
No occupancy permit shall be given for any new building being constructed within a subdivision until all of the following improvements, if required under an improvement agreement for that subdivision, are completed:
1. 
Sewer mains;
2. 
Water mains;
3. 
Electric lines;
4. 
Street pavement;
5. 
Curb and gutters;
6. 
Storm drains;
7. 
Sidewalk and driveway approaches adjacent to the parcel for which occupancy is to be granted.
D. 
The Planning Commission may allow occupancy of buildings on certain parcels within the subdivision prior at completion of any of the above listed improvements, or portions thereof, upon the finding that such occupancy will not adversely affect public health, safety and welfare and will not endanger any building, for which occupancy is to be granted, or its occupants.
(Prior code § 2802)
It shall be unlawful for any person to offer to sell, to contract to sell, or to sell, lease, or make any deed of conveyance of any division of land or any part thereof in the City unless and until all the requirements provided in this Title have been complied with. Any person who violates any of the provisions or fails to comply with any of the provisions or requirements of this Title is guilty of a misdemeanor. Each separate day during which any violation of the provisions of this Title occurs or continues shall constitute a separate offense punishable by a separate penalty.
(Prior code § 2803)
A. 
Any conveyance, sale or contract to sell made contrary to the provisions of this Title shall be voidable and damages recovered pursuant to Section 66499.32 of the Subdivision Map Act.
B. 
The Community Development Director or designee shall issue certificates of compliance required under Section 66499.35 of the Subdivision Map Act. A fee is required.
(Prior code § 2804)
A. 
Advisory Agency. The Planning Commission is hereby designated as the advisory agency to the City Council. It shall have all the powers and duties with respect to tentative and parcel maps and procedures relating thereto which are specified by the Subdivision Map Act and this Title.
B. 
Advisory Agency. The Community Development Department is hereby designated as the advisory agency to the City Council in the specific case of reviewing a lot combination map, according to the provisions of the State Subdivision Map and this Title.
C. 
Subdivision Review Board. There is hereby created a Subdivision Review Board, to consist of the following members: The Fire Marshal/Building Official, the Community Development Director or designee, the City Engineer, the Water Superintendent, the Fire Chief, the Electric Utility Manager, the Park and Recreation Director, the City Attorney, and other department heads as requested by the Community Development Director or designee. The Board shall have the powers and duties as specified by this Title and shall act in an advisory capacity to the Planning Commission.
(Prior code § 2805)
The Community Development Director or designee may adopt rules and regulations relating to and necessary and proper for the interpretation and administration of this Title consistent with the provisions thereof.
(Prior code § 2807)
The Planning Commission or, on appeal, the City Council may grant variances from the requirements set forth in Chapter 16.12 of this Title when all of the following conditions are found to apply.
A. 
That any variance granted shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity and of similar circumstance. A variance granted may be conditioned. Such conditions may make adjustments to assure conformity of the variance with the intent and purpose of this Title or be designed to eliminate any special privilege not so consistent.
B. 
That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict literal application of this Title is found to deprive the property of privileges enjoyed by other properties in the vicinity.
(Prior code § 2809)
The design and improvement of subdivisions shall be approved with consideration of and be compatible with present and planned improvements as to dimensions, alignment, configurations, names, street numbers and similar existing characteristics of the City. Existing trees, native land cover, natural watercourses, topography, geologic phenomena and unique environmental settings and considerations shall be respected in the design of the land division and the division shall be so designed and improved to prevent excessive grading, scarring and undue dislocations of soil and features of the landscape.
(Prior code § 2811)
A. 
No tentative or final subdivision map or parcel map shall be approved unless the proposed land division, its design, and improvements are consistent with applicable general or specific plans of the City, including all environmental resource elements, the Zoning Ordinance and other plans and policies of the City and the Planning Commission, or Council so finds in writing. The failure of the Planning Commission or Council to make such findings shall be deemed disapproval of the proposed map.
B. 
The Planning Commission or the City Council shall deny approval of a map if it makes any of the following findings:
1. 
That the map design or improvement of the proposed subdivision is not consistent with applicable general and specific plans for this code. A subdivision is not so consistent unless it is compatible with the objectives, policies, general land uses and programs specified in such a plan. A report as to conformity to the General Plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the Planning Commission on such division of land.
2. 
That the site is not physically suitable for the type of development proposed.
3. 
That the site is not physically suitable for the proposed density of the development.
4. 
That the design of the subdivision or the type of improvements is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat or cause serious public health problems.
5. 
That the design of the subdivision or the type of improvements will conflict with easements of record or established by judgment, acquired by the public at large, for access through or use of, property within the proposed subdivision. The Planning Commission or City Council may approve a map if it finds that alternate easements and improvements thereon, for access or for use, have been provided, and that these will be substantially equivalent to one previously acquired by the public.
6. 
That the design and proposed improvements of the subdivision are inconsistent with local guidelines relating to implementation of the Environmental Quality Act of 1970.
7. 
That the design of the subdivision or the proposed improvements is likely to cause substantial damage to a known site of historical or archaeological significance.
8. 
That waste discharged from the land division would result in violation of existing requirements of the California Regional Water Quality Board.
9. 
If the division fronts on a public waterway, river or stream, that it does not provide or have available, reasonable public access by fee or easement from a public street to that portion of the bank of the river or stream bordering or lying within the proposed subdivision; or that it does not for dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the subdivision; provided that disapproval is not required on the basis that reasonable public access to the river, etc. is not provided if the such reasonable public access is found to be available within a reasonable distance from the subdivision and such finding is set forth on the face of a tentative or final map.
(Prior code § 2812)
A. 
In general, unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this Section, the definitions and provisions contained in Section 1.04.020 of this Code shall also govern the construction meaning, and application of words and phrases used in this Title. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
"Bikeway"
means a right-of-way provided for bicycle travel pursuant to the City plans, rules and regulations relating to the establishment and maintenance of bikeways.
"City Engineer"
means the staff engineer of the City.
"Commission"
means the Planning Commission of the City.
"Council"
means the City Council of the City.
Cross slope average.
The slope average of the lot shall be calculated as follows:
Slope Average
=
Difference in elevation between perimeter points
Distance between the perimeter points.
1.
The points shall be those on the perimeter of the lot such that a straight line connecting them is the maximum length while staying perpendicular to the contour lines.
2.
In the event that the lot has a point higher than both perimeter points, and in cases where difficulty arises in applying the above formula, the calculation shall be done as follows:
Slope
=
0.00229IL
A
The letters in this formula shall have the following significance:
I = the contour interval in feet
L = the combined length of all contours in feet
A = the net area of the parcel in acres
"Flag lot"
means a lot having its buildable area removed from a public right-of-way connected to such right-of-way by means of a narrow extension of the lot.
A "lot combination"
is the removal of interior lot lines of contiguous parcels under common ownership. Approval of a lot combination requires a review by the Community Development Department together with recordation of a certificate of compliance for the new parcel.
"Lot line adjustment"
means a lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.
"Trail"
means a right-of-way specifically designed and designated for nonvehicular use as a right-of-way by pedestrians or equestrians and shown on any portion of any general or specific plan map of the City.
(Prior code § 2813; Ord. 1686(21) § 4)
A. 
Expiration. The approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved.
B. 
Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning Commission, such application to be filed at least 30 days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.
C. 
Time Limit on Extensions. Discretionary extensions of a tentative map approval or conditional approval shall not exceed an aggregate extension of six years. The period of extension specified in this subsection shall be in addition to the period of time provided by subsection A.
D. 
Effect of Map Modification on Extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this Section.
E. 
Appeal. If the Planning Commission denies a request for the extension of a tentative map, the applicant may appeal to the City Council in accordance with the provisions of Section 16.32.020.
(Prior code § 2814; Ord. 1673(20) § 39; Ord. 1686(21) § 4)
Whenever the Community Development Director or designee becomes aware of a division of land in violation of the provisions of local ordinances adopted pursuant to the Subdivision Map Act or of said Act, he or she shall record in the Office of the County Recorder a notice of intention to record a notice of violation describing the violation. Said notice of intention shall be used to notify describing the real property in detail, naming the owners thereof and the owners of record that an opportunity will be given to the owners to present suitable evidence of compliance with the Map Act and local ordinance or reasons why a notice of violation should not be recorded. The notice of intention shall be mailed by certified mail, return receipt requested, to the owners of the time and date for presentation of evidence to the City and the intention of the City to record a notice of violation upon such finding by the Planning Commission. If, after receiving the owner's evidence, the Planning Commission finds a violation, or within 60 days of receipt of the notice of intention, an owner has not objected, a notice of violation shall be recorded; otherwise not.
(Prior code § 2815)
A. 
Whenever the Director of Community Development has knowledge that real property has merged under the provisions of this Title or the Map Act, he or she shall file for recording with the County Recorder, a notice of merger specifying the names of owners of record and the property description. Such recording will occur only after said owners have been advised in writing of the City's intention to record the notice at least 30 days prior to said recording and specifying a time, date and place at which the property owner or owners may present evidence to the Planning Commission why such notice should not be recorded, and if, after public hearing thereon, the Planning Commission finds in favor of recording said notice. Such finding may be made within 30 days after, but not more than 50 days after mailing the notice to said property owners.
B. 
Whenever two or more contiguous parcels or units of land are held by the same owner and one parcel or unit does not conform to the standards for minimum parcel or building site size to permit its use or development under the Municipal Code and at least one of such contiguous parcels or units is developed with a building constructed without a building permit or developed with a building which was built prior to the date building permits were required, then such parcels shall be merged for the purposes of the Subdivision Map Act and this Title.
(Prior code § 2816)