This title shall be known as the Subdivision Ordinance of the City of Santa Barbara.
(Ord. 3790 §1, 1975)
A. 
The ordinance codified in this title is adopted pursuant to the Subdivision Map Act of the State of California, Title 7, Division 2 of the Government Code, commencing with Section 66410 (hereinafter referred to as the Subdivision Map Act).
B. 
Any amendments to the Subdivision Map Act, adopted subsequent to the effective date of said ordinance, shall not invalidate any provisions of this title. Any amendments to the Subdivision Map Act that may be inconsistent with this title shall govern.
C. 
This title shall govern in relation to all other ordinances of the City of Santa Barbara and rules and regulations pursuant thereto. In the event of any inconsistency or conflict between the provisions of this title and other provisions of the municipal code, the most restrictive shall prevail.
(Ord. 3790 §1, 1975)
A. 
This title supplements the Subdivision Map Act, prescribing rules, regulations and procedures authorized therein.
B. 
The necessity for tentative maps, final maps and parcel maps shall be governed by this section and the Subdivision Map Act.
C. 
For subdivisions creating five or more parcels or units, a tentative map and a final map or parcel map shall be required pursuant to this title and the Subdivision Map Act.
1. 
A tentative map and a final map shall be required for all such subdivisions except those coming within the exceptions set forth in Section 66426 of the Subdivision Map Act.
2. 
A tentative map and a parcel map shall be required for all such subdivisions coming within the exceptions set forth in Section 66426 of the Subdivision Map Act.
D. 
For subdivisions creating fewer than five parcels or units, a tentative map and a parcel map shall be required containing the information specified by this title and the Subdivision Map Act. Said parcel map shall be filed and recorded according to the procedure set forth in this title.
E. 
No tentative map, final map or parcel map shall be required for those specific types of subdivisions exempted by Sections 66412 and 66428 of the Subdivision Map Act.
F. 
No tentative map, final map or parcel map shall be required for land conveyed to a public agency or public utility when such conveyance is for public use.
(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.
(Ord. 3790 §1, 1975; Ord. 5380, 2005)
A. 
If any article, section, subsection, paragraph, sentence, clause or phrase of this title, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, or other competent agency, such decision shall not affect the validity or effectiveness of the remaining portions of this title or any part thereof. The City Council hereby declares that it would have passed each article, section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
B. 
If the application of any provision or provisions of this title to any person, property or circumstances is found to be unconstitutional or invalid or ineffective in whole or in part by any court of competent jurisdiction, or other competent agency, the effect of such decision shall be limited to the person, property or circumstances immediately involved in the controversy, and the application of any such provision to other persons, properties and circumstances shall not be affected.
C. 
This section shall apply to this title as it now exists and as it may exist in the future, including all modifications thereof and additions and amendments thereto.
(Ord. 3790 §1, 1975)