This title shall be known as the "Subdivision Ordinance" and
may be cited as such and is adopted to supplement and implement the
California state Subdivision Map Act.
(Ord. 94-06)
This chapter is adopted pursuant to, and to implement provisions
of, the Encinitas General Plan and certified Local Coastal Program
Land Use Plan (LUP).
(Ord. 94-06)
An amendment to any portion of this title constitutes a proposed
amendment to the implementing regulations of the City of Encinitas
Local Coastal Program (LCP).
A proposed LCP amendment shall comply in form, content and procedure with the provisions of Chapter
30.82 of the Municipal Code. An amendment to this title shall not become effective until certified by the Coastal Commission pursuant to
Public Resources Code Section 30514.
(Ord. 94-06)
No person shall create a subdivision except in accordance with
the provisions of the Act and this title.
(Ord. 94-06)
All subdivisions shall, as a condition of approval, comply with
the City Standards for erosion and grading control, including prevention
of sedimentation or damage to off site property.
The authorized agency shall not approve or conditionally approve
any map if:
A. The
authorized agency makes any of the findings contained in Section 66474
of the Act.
B. The
final or parcel map is not in substantial compliance with the previously
approved tentative map.
C. The
City Council and the authorized agency have not taken action in accordance
with Section 66474.5 of the Act relating to land projects.
D. In
accordance with Sections 66473 and 66474.2 of the Act, the map does
not comply with the requirements or conditions imposed by this title
and the Act.
E. The
resulting parcels are too small to sustain agricultural use in accordance
with Section 66474.4 of the Act.
F. The
proposed subdivision is not entirely within the corporate boundaries
of the City and no application for annexation to the City has been
submitted.
G. The
property is served by an on-site sewage disposal system and the Health
Department has not certified that the system is satisfactory to support
the proposed subdivision.
(Ord. 92-39)
In accordance with Section 66474.6 of the Act, the authorized
agency may disapprove a map based upon the discharge of waste.
A map of a condominium project, a community apartments project,
or of the conversion of five or more existing dwelling units to a
stock cooperative project shall be processed in accordance with Section
66427 of the Act.
When the failure of a map is the result of a technical and inadvertent
error which does not materially affect the validity of the map, the
failure shall be waived and the map approved.
Nothing in this title shall prevent a purchaser of a unit of
land created under the provisions of the Act or this title from subdividing
such land one time, pursuant to the provisions of the Act prior to
the time that an equalized county assessment roll has been completed
reflecting the creation of the unit proposed to be subdivided.
At the time of filing, the applicant shall pay a fee to the
City for the examination, review, processing and inspection related
to such application in an amount established by resolution of the
City Council.
The authorized agency may modify City Standards as the standards are defined in Section
24.04.020 of the Municipal Code in particular cases. The application of a request for such modification must show special circumstances or conditions affecting the property in question; and that such modification is necessary for the preservation and enjoyment of a substantial property right of the applicant; and that the modification will not be materially detrimental to the public welfare or injurious to other property in the immediate vicinity.
(Ord. 92-39)
If any provision of this title or the application thereof to
any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of this title which can
be given effect without the invalid provisions or application thereof,
and to this end the provisions of this title are severable.