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)
A. 
Except as otherwise provided in this title, all of the provisions of the Act and this title shall apply to the creation of subdivisions.
B. 
In applying this title, the City shall consider the effect of its ordinances and actions on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.
(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)
A. 
The Planning and Building Director is authorized to render a final determination on an application for the creation or revision of a minor subdivision:
1. 
That has not been referred to the Planning Commission or other agency for a final determination; and
2. 
That is not part of a project, a component of which requires final approval by either the Planning Commission or City Council.
B. 
The Planning Commission shall be the authorized agency to render a final determination on a major subdivision (creation or reversion) that is not part of a project, an element of which requires approval by the City Council.
C. 
The Planning Commission is the advisory agency, and the City Council is the authorized agency to render a final determination on an application for a subdivision that is part of a project, an element of which requires approval of the City Council.
D. 
The Director of Planning and Building or his/her designee shall be the authorized agency to render a final determination on an application for a lot line adjustment.
E. 
Recommending agencies, advisory agencies and authorized agencies may prescribe, subject to review by the City Council, such additional rules and procedures as are necessary to accomplish their duties.
(Ord. 96-07; Ord. 94-06)
A. 
All tentative maps and tentative parcel maps shall be subject to environmental review in accordance with this Code and the rules and procedures adopted by the City Council pursuant to the Environmental Quality Act of 1970 as may be amended by the state Legislature. Consequently, decisions to approve, conditionally approve or deny any tentative map or tentative parcel map shall be subject to the following:
1. 
Determination of Exemption. Certain minor subdivisions may be determined to be exempt from the requirement of environmental review pursuant to the provisions of the California Environmental Quality Act. Upon such determination, the advisory and authorized agencies may proceed to consider these maps without an environmental initial study or an environmental impact report.
2. 
Negative Declaration. Upon filing and certification of a negative declaration with respect to any proposed tentative map or tentative parcel map, the advisory agency and the authorized agency may proceed to consider the map without an environmental impact report. The advisory and authorized agencies shall consider the environmental initial study as evidence in determining action on the map.
3. 
Environmental Impact Report. With respect to any tentative map or tentative parcel map for which an environmental impact report is required, the authorized agency shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the map.
B. 
An application for approval of a subdivision shall not be complete, pursuant to Section 65943 of the Government Code, until after the environmental review for such proposed subdivision has been accomplished.
(Ord. 92-39; Ord. 88-10)
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.
A. 
For every subdivision, a preliminary soils report, prepared by a registered civil engineer and based upon adequate test borings shall be submitted to the building official with respect to the subdivision lots and to the City Engineer with respect to public improvements.
B. 
A preliminary soils report may be waived by the City Engineer if the City Engineer determines that sufficient information to warrant the waiver is available during the subdivision process.
C. 
If the preliminary soils report indicates the presence of critically expansive soils or other problems which, if not corrected would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City. Such soils investigation shall be done by a registered civil engineer, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists.
D. 
The authorized agency may approve the subdivision or portion thereof where such soils problem exists if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.
(Ord. 92-39)
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.
A. 
At a minimum, notice of a hearing held pursuant to this title shall be given in accordance with Section 66451.3 of the Act.
B. 
In addition, notice shall be made in accordance with the general notice requirement contained in Section 30.01.070 of this Code. For coastal development permits, public notice procedures shall conform to the requirements in Chapter 30.80, "Coastal Development Permit," in addition to the requirements of this section.
(Ord. 94-06)
A. 
A final determination made by an authorized agency shall be posted at City Hall and become effective unless a timely appeal is filed pursuant to Chapter 1.12.
B. 
A final determination by an authorized agency may be appealed to the next higher authorized agency by filing with the City Clerk a notice of appeal pursuant to Chapter 1.12. The notice of appeal must specify the decision or part thereof appealed from and the specific errors alleged as the basis of the appeal.
C. 
Upon receipt of a sufficient notice of appeal together with the established fee, the City Clerk shall set the matter for a noticed, public hearing by the next higher authorized authority.
D. 
The authorized agency which hears the appeal may sustain, overrule or modify the final determination.
(Ord. 2022-07)
A. 
The subdivider shall place monuments in accordance with City Standards and the Act.
B. 
For all maps, the subdivider shall set monuments at all property corners, excluding property corners where existing monuments of record have been found in good condition.
C. 
All monuments shall be placed prior to the recordation of the map.
D. 
Upon approval of the City Engineer, the setting of interior monuments may be delayed. The subdivider shall furnish to the City security for the payment of the cost of setting monuments. The security shall not be released by the City until notices have been filed in accordance with the Act.
A. 
The time limits specified in this title for reporting and acting on maps may be extended by mutual consent of the subdivider and the body required to report or act. However, no body may require a routine waiver of time limits as a condition of accepting the application for, or processing of a map, unless the routine waiver is obtained for the purpose of permitting concurrent processing of a related approval or an environmental review on the same development project.
B. 
At the time that the subdivider makes an application pursuant to this division, the Planning and Building Director shall determine whether or not the City is able to meet the time limits specified in this chapter for reporting and acting on maps. If it will be unable to meet such time limits, the Planning and Building Director shall, upon request of a subdivider and for the purpose of meeting such time limits, contract or employ a private entity or persons on a temporary basis to perform such services as necessary to permit the City to meet such time limits. However, the City need not enter into such a contract or employ such persons if it determines either that: (1) no such entities or persons are available or qualified to perform such services; or (2) the City would be able to perform service in a more rapid fashion than would any available and qualified persons or entities.
C. 
Such entities or persons employed by the City may, pursuant to an agreement with the City, perform all functions necessary to process maps and to comply with other requirements imposed pursuant to this chapter except those functions reserved by this chapter to the authorized agency. The authorized agency shall charge the subdivider fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section.
(Ord. 92-39)
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.