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)
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)
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. 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.
"Council"
means the City Council of the City.
Cross slope average.
The slope average of the lot shall be calculated as follows:
Slope Average
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=
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Difference in elevation between perimeter points
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Distance between the perimeter points.
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1.
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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.
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2.
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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:
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The letters in this formula shall have the following significance:
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I = the contour interval in feet
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L = the combined length of all contours in feet
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A = the net area of the parcel in acres
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"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)