This title shall be known as the Subdivision Ordinance of the
City of Santa Barbara.
(Ord. 3790 §1, 1975)
A. It
is unlawful for any person, firm, corporation, partnership or association
to offer to sell or lease, contract to sell or lease any subdivision
or any part thereof until a final map or a parcel map thereof, in
full compliance with the provisions of this title and the Subdivision
Map Act, has been duly recorded in the Office of the County Recorder.
B. Any
person, firm, corporation, partnership or association who violates
the provisions of this title or any conditions imposed by this title
shall be guilty of a misdemeanor and upon conviction thereof shall
be fined in an amount not exceeding $500.00 or be imprisoned for a
period not exceeding six months or be both so fined and imprisoned.
Each day such violation is committed or permitted to continue shall
be punishable as such hereunder.
C. The
Public Works Director shall have the authority to enforce the provisions
of this title and the Subdivision Map Act in the City of Santa Barbara.
D. The
City Attorney is authorized to maintain an action to restrain or enjoin
any action in violation of this title or the Subdivision Map Act or
any of the terms and conditions imposed on the approval of any tentative,
final or parcel map.
E. All
departments, officials and public employees of the City, vested with
the duty or authority to approve or issue permits, shall conform to
the provisions of this title and shall neither approve nor issue any
permit or license for use, construction, or purpose in conflict with
the provisions of this title. Any such permit or license issued in
conflict with the provisions of this title shall be null and void.
F. Pursuant
to Section 66499.35 of the Subdivision Map Act, any person owning
real property, or a vendee of that person pursuant to a contract of
sale of the real property, may request a certificate of compliance
to determine whether such real property complies with this title and
the Subdivision Map Act. Applications for certificates shall be filed
with the City Engineer who shall be responsible for the issuance and
recordation of same. The form of the application shall be prescribed
by the City Engineer. A nonrefundable fee in an amount established
by resolution of the City Council shall accompany the application
for each lot or parcel for which a certificate is sought. Applications
for certificates of compliance shall be processed in accordance with
the provisions of Section 66499.35 of the Subdivision Map Act.
G. Any
officer or employee of the City who has knowledge that real property
has been divided in violation of the Subdivision Map Act or this title
shall immediately notify the City Engineer. Upon receipt of said information,
the City Engineer shall file with the County Recorder the notice of
violation required by Chapter 7 of the Subdivision Map Act.
H. Illegal
Subdivisions. No board, commission, officer or employee of the City
shall issue any certificate, permit or grant any approval necessary
to develop any real property within the City which has been divided,
or which resulted from a division, in violation of the provisions
of the Subdivision Map Act or of this title. Any such certificate,
permit or grant issued in conflict with the provisions of this title
or the Subdivision Map Act shall be null and void.
I. To
the extent permissible by the Subdivision Map Act, the aforementioned
provisions of this title shall not apply to any subdivision for which
a tentative map has been filed with the Community Development Department
prior to the effective date of this title when either of the following
conditions exists on said effective date:
1. The
tentative map is under consideration by the Advisory Agency or City
Council and has not been acted upon by the Council; or
2. The
tentative map has been approved by the City Council, no final map
or parcel map thereof has been filed, and said approval, or any extension
thereof, has not expired by lapse of time.
As to any such subdivision, the final map or parcel map shall
be filed and processed as provided herein, but in all other respects
said subdivision, to the extent permitted by the Subdivision Map Act,
shall be governed by the provisions of this title as it read on the
day immediately preceding the effective date of the ordinance codified
in this title; provided, that the approval or conditional approval
given to maps described in (1) above after the effective date of said
ordinance shall expire 18 months after said approval and shall not
thereafter be extended, and the approval given to maps described in
(2) above shall not hereafter be extended.
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(Ord. 3790 §1, 1975; Ord. 5380, 2005)