This chapter may be cited as the Santa Cruz County subdivision ordinance, and shall supplement and implement the State Subdivision Map Act contained in Section 66410 et seq. of the Government Code.
The definitions in SCCC § 14.01.105-A through 14.01.105-Z apply to the provisions of this chapter only and do not affect any other provisions of law.
(Ord. 3469 § 1, 1983)
For Tentative Map Where a Final Map Is Required and Which Results in 20 or More Lots or Units. The Planning Commission is the "Advisory Agency" under Section 66452.1(a) of the Government Code and is empowered to make recommendations to the Board regarding tentative maps where a final map is required to be filed by the Subdivision Map Act and this chapter and which results in 20 or more lots or units.
For Tentative Maps Where a Parcel Map or a Final Map Is Required and Which Results in Two to 19 Lots or Units. The Planning Commission is the "Advisory Agency" under Section 66452.1(b) of the Government Code and is empowered to approve any tentative map where a parcel map or final may is required by the Subdivision Map Act and this chapter and which results in two to 19 lots or units.
means any property whose buildings, fences, other structures or vegetation interfere with, or are likely in the future to interfere with, the solar access of the existing or proposed solar energy system.
means the Planning Director, Planning Commission, or Board of Supervisors which makes a final decision on an application or appeal under this chapter.
(Ord. 3469 § 1, 1983; Ord. 4181 § 1, 1992; Ord. 4243 § 1, 1993)
means any property whose solar access may be adversely affected by construction or vegetation on the parcel for which a development permit is being requested.
means the Board of Supervisors of the County of Santa Cruz.
(Ord. 3469 § 2, 1983; Ord. 4132 § 1, 1991)
means the Santa Cruz County Code.
means the Planning Commission of the County of Santa Cruz.
means a division of real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon, as defined in Section 11004 of the Business and Professions Code.
means a division of real property into lots or parcels, including parcels of air space and an undivided proportionate share of interest in the common areas and facilities and as further defined in Section 783 of the Civil Code of the State of California.
means Santa Cruz County, California.
means the Santa Cruz County Surveyor or his authorized representative.
Street alignments, grades and widths;
Drainage and sanitary facilities and utilities, including alignments and grades thereof;
Location and size of all required easements and rights-of-way;
Fire roads and firebreaks;
Lot size and configuration;
Traffic access;
Grading;
Land to be dedicated for park or recreational purposes; and
Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to, or implementation of, the General Plan.
means a portion of a subdivision of any unit or units of improved or unimproved land which is not divided for the purpose of sale, lease, or financing. If the proposal includes a designated remainder parcel, and the gross area of the designated remainder parcel or similar parcel is less than five acres, that remainder parcel shall be shown on the map. A parcel designated as "not a part" shall be deemed to be a designated remainder for the purposes of this chapter.
means the Santa Cruz County Planning Director.
means the Santa Cruz County Director of Public Works or his authorized representative.
means a structure for human habitation providing complete independent living facilities for one or more persons.
(Ord. 4102 § 5, 1990)
Reserved.
Reserved.
Reserved.
means the Santa Cruz County Health Officer or his authorized representative.
Such street work and utilities to be installed or agreed to be installed by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivisions and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof;
Such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, or any other entity approved by the County or by a combination thereof, is necessary or convenient to ensure conformity to, or implementation of, the General Plan.
Reserved.
Reserved.
means a corporation which meets the criteria of Section 11003.2 and any successor provisions of the Business and Professions Code, and Section 3007.5 and any successor provisions of the Health and Safety Code.
means a re-orientation of a property line or property lines between two or more existing adjacent parcels, where the land taken from the one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created. A lot line adjustment includes a minor lot line adjustment.
means a relocation of a property line meeting any one of the following sets of criteria:
Relocation of lot lines, regardless of whether the parcels involved are conforming or nonconforming to the zoning ordinance (either before or after the lot line adjustment), to cure a structural encroachment (otherwise lawfully developed) where the resulting lot line coincides with the required minimum setbacks from the encroaching structure, or any approved variance therefrom; or
Relocation of lot lines, regardless of whether the parcels involved are conforming or nonconforming to the County zoning ordinance (either before or after the lot line adjustment), where each parcel involved has been lawfully developed with a structure (residential, commercial, or industrial) and each parcel contains the same land area after the lot line adjustment as it contained before the lot line adjustment; or
Relocation of lot lines among four or fewer parcels which meet in at least one point or share common boundaries where each parcel involved is a separate legal parcel, each meets the minimum parcel size required by the zoning designation, and each has obtained a determination of buildability, both currently and as adjusted. The term "minimum parcel size required by the zoning designation" shall mean the minimum parcel size allowed by any of the following:
The zoning ordinance adopting a density designation for the parcel in question;
If the zoning is inconsistent with the General Plan, the lowest density end of the density range allowed by the General Plan density designation; or
If the zoning density is required to be determined pursuant to the rural matrix calculation under Chapter 13.14 SCCC, the highest density end of the density range allowed by the General Plan density designation. No matrix calculation shall be required for this purpose.
(Ord. 4132 § 2, 1991; Ord. 4281 § 1, 1993; Ord. 4496-C § 69, 1998)
means a traverse line which follows the edge of a body of water. It is not a property line, but is retraceable.
means a subdivision of land where a parcel map is required by SCCC § 14.01.201.
means a structure containing more than one dwelling unit and designed for permanent occupancy or occupied by more than one family.
Reserved.
Reserved.
means units of measure for the purpose of determining the classification of a subdivision as noted in SCCC § 14.01.201.
means a graphical representation on an aerial photograph (one inch equals 20 feet) of an approved route concept or design criteria standards, as approved by the Board of Supervisors, depicting the ultimate improvement guidelines for a specific street segment, and a written summary of potential impacts and an engineer's estimate for improvement costs. The plan line shall generally include guidance on the number and location of travel and turn lanes, bike lanes, on-street parking, roadside improvements, transit facilities, utility corridors, and estimates of required right-of-way.
(Ord. 4132 §§ 3, 4, 1991; Ord. 4189 § 1, 1992; Ord. 4281 § 2, 1993)
Reserved.
means the Santa Cruz County Recorder or his authorized representative.
means a document submitted by subdividers which includes some or all of the following information in addition to the information required in SCCC § 14.01.206: the location, height and shadow patterns of major vegetation, buildings, and other structures on the proposed site and on all affected and benefitted properties; the location of proposed building envelopes; the location of any existing solar energy systems on benefitted properties; and the approximate distances between structures, vegetation and the southfacing glass or solar energy system. Shadow patterns are those cast on the twenty-first of December between 10:00 a.m. and 2:00 p.m., Pacific Standard Time. Narrative description of why solar access is unavailable to any lot within the subdivision may be required.
means the ability of sunlight to strike a solar energy system. For the purpose of this chapter, protection of solar access requires locating buildings and trees where their shadows will not obstruct more than 10 percent of the sunlight available to the solar energy system between the hours of 10:00 a.m. and 2:00 p.m., Pacific Standard Time, on December 21st.
means any solar collector or other solar energy device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity. Glazing facing within 45 degrees of south is protected, under the provisions of this title, as a solar energy system when at least 60 percent of the space heating load for the building is supplied by solar energy.
means a corporation holding title to improved real property where substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property as further defined in Section 11003.2 of the Business and Professions Code.
means a highway, road, or right-of-way designed for vehicle access.
means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided, real property into a subdivision for himself or for others, except that employees and consultants of such person or entities acting in such capacity are not "subdividers."
The division, by any subdivider, of any improved or unimproved land, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units if it is separated by roads, streets, utility easement or railroad rights-of-way.
Subdivision includes a condominium project as defined in Section 1350 of the Civil Code, or a community apartment project as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, "agricultural purposes" means the cultivation of food, fiber, flowers, or ornamental plants, or the grazing or pasturing of livestock.
Subdivision also includes any judicially ordered divisions of real property, including, but not limited to, divisions ordered in partition actions and divisions made in connection with probate proceedings, and said subdivisions are subject to all the provisions of this chapter.
Any open space area which is to be held in common by owners of dwelling units within a subdivision shall not be considered a parcel for purposes of computing the number of parcels in a subdivision.
means the California Subdivision Map Act (commencing with Section 66410 of the Government Code).
(Ord. 3228 § 1, 1982; Ord. 3276 § 1, 1982; Ord. 3469 § 3, 1983)
means a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and such map need not be based upon an accurate or detailed final survey of the property.
means a real estate development consisting of separately owned lots, parcels, or areas, with one or more additional contiguous or non-contiguous lots, parcels or areas owned in common by the owners of the separate lots, parcels, or areas; as defined in Business and Professions Code, Sections 11003 and 11003.1.
(Ord. 2093, 1975; Ord. 2800, 1979; Ord. 2812, 1979; Ord. 3165, 1981)
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
This chapter shall apply to all subdivisions of land in the unincorporated area of the County of Santa Cruz subject to the following exemptions:
(A)
The financing or leasing of apartments, time share units, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, trailer parks or recreational vehicle parks;
(B)
Mineral, oil, gas or agricultural leases;
(C)
Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;
(D)
Financing or leasing of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) pursuant to the provisions of SCCC § 13.10.681. Separate sale or transfer of such dwelling units is prohibited except as detailed in SCCC § 13.10.681(G)(2)(a).
(Ord. 3912 § 2, 1988; Ord. 5239 § 16, 2017; Ord. 5264 § 22, 2018; Ord. 5325 § 26, 2020; Ord. 5326 § 26, 2020)
(A)
For the purposes of this section the term "minimum parcel size required by the zoning designation" shall mean the minimum parcel size allowed by any of the following:
(1)
The zoning ordinance adopting a designation for the parcel in question;
(2)
If the zoning is inconsistent with the General Plan, the lowest density end of the density range allowed by the General Plan density designation; or
(3)
If the zoning density is required to be determined pursuant to the rural matrix calculation under Chapter 13.14 SCCC, the highest density end of the density range allowed by the General Plan density designation. No matrix calculation shall be required for this purpose.
(B)
Processing Levels. Minor lot line adjustment applications shall be processed at Level III pursuant to SCCC § 18.10.112(A)(3). All other lot line adjustment applications outside the Coastal Zone shall be processed at Level IV pursuant to SCCC § 18.10.112(A)(4) and all other lot line adjustment applications within the Coastal Zone shall be processed at Level V pursuant to SCCC § 13.20.100(A). Notwithstanding the foregoing, SCCC § 18.10.123(B) shall apply.
(C)
(D)
The following additional finding shall be required for approval of a minor lot line adjustment application: the lot line adjustment conforms to the definition for a minor lot line adjustment set forth in SCCC § 14.01.105-L.
(E)
Conditions of Approval for Lot Line Adjustment Applications. The approval of a lot line adjustment application shall be conditioned as necessary to require conformity with the County zoning ordinance and County building ordinance, or to facilitate the relocation of existing utilities, infrastructure, or easements. The lot line adjustment shall be accomplished by a grant deed which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.
(Ord. 4132 § 5, 1991; Ord. 4281 § 3, 1993)
(A)
When a subdivision is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing. If the subdivider elects to designate a remainder parcel or to omit a parcel, the following requirements shall apply:
(1)
The designated remainder or omitted parcel shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required.
(2)
For a designated remainder or omitted parcel described in this subsection, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the County or until the construction of the improvements, including the payment of fees associated with any deferred improvements, is required pursuant to an agreement between the subdivider and the County. In the absence of that agreement, the Approving Body may require fulfillment of the construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding that fulfillment of the construction requirements is necessary for reasons of:
(B)
The provisions of subsection (A) of this section providing for deferral of the payment of fees associated with any deferred improvements shall not apply if the designated remainder or omitted parcel is included within the boundaries of a benefit assessment district or community facilities district.
(C)
A designated remainder or an omitted parcel may subsequently be sold without any further requirement of the filing of a parcel map or final map; provided, that a conditional certificate of compliance is first obtained from the County.
(Ord. 4181 § 2, 1992)
Whether a particular parcel has the status of being a legal parcel shall be determined by consideration of whether the parcel is:
(D)
In violation of the Subdivision Map Act or the Santa Cruz County subdivision ordinance pursuant to SCCC § 14.01.112.
An interested person may apply for a parcel legality status determination by application pursuant to the procedures set forth at Chapter 18.10 SCCC. If the County determines that the parcel in question is shown on a duly filed and recorded final map, parcel map, or official map (as defined at Government Code Section 66499.50 et seq.) or entitled to an unconditional certificate of compliance, or has satisfied all conditions of a conditional certificate of compliance, such parcel shall be determined to be a legal parcel so long as it is not combined or merged with another parcel or in violation of the Subdivision Map Act or the Santa Cruz County subdivision ordinance. Determination that a parcel is a legal parcel does not entitle the parcel owner to issuance of a building permit or other development permit or approval absent application for and compliance with the requirements for a building permit or other development permit or approval.
(Ord. 3912 § 3, 1988)
Any person who owns real property or is buying such land under a contract of sale may request the County to determine by application for parcel legality status determination whether the real property in question complies with the provisions of the Subdivision Map Act and County ordinances enacted pursuant thereto.
(A)
A parcel qualifies for an unconditional certificate of compliance if:
(1)
The real property in question complies with the provisions of the Subdivision Map Act and County ordinances enacted pursuant thereto as follows:
(a)
The subject property was conveyed by a separate document as a separate parcel on or before January 21, 1972. (Written evidence shall be required to support this finding. Evidence may be in the form of a contract of sale, grant deed, or deed of trust which was recorded on or before January 21, 1972, or other evidence such as copies of receipts for installment payments, etc., or similar written documentation which establishes a bona fide conveyance on or before January 21, 1972); and
(b)
The parcel in question complied with the provisions of the Subdivision Map Act at the time of its creation; and
(c)
At the time the contract, deed, or other document creating the subject parcel was signed, the subject parcel complied with the applicable County ordinances then in effect, including (without limitation) the parcel size required by the then applicable zone district; and
(d)
The parcel in question has not been combined by the owner, and is not subject to merger; or
(2)
The parcel in question has been "approved for development" pursuant to Government Code Section 66499.34:
(a)
By issuance of a permit or grant of approval for development of the parcel in question; or
(b)
By improvements that have been completed prior to the time a permit or grant of approval for development was required by the County ordinances in effect at the time of the improvement; or
(c)
By improvements that have been completed in reliance upon a permit or grant of approval for development; or
(3)
The parcel in question is conclusively presumed to be lawfully created, pursuant to Government Code Section 66412.6, under the following circumstances.
(b)
A parcel owned by a subsequent bona fide purchaser shall be conclusively presumed to be lawfully created if:
(i)
The parcel was created on or before January 21, 1972; and
(ii)
The parcel was acquired by a subsequent purchaser for valuable consideration and without actual or constructive knowledge of a violation of the Subdivision Map Act or County ordinance enacted pursuant thereto; and
(iii)
At the time of its creation, the parcel complied with the Subdivision Map Act and County ordinances enacted pursuant thereto. If the parcel owned by the subsequent bona fide purchaser did not comply with the Subdivision Map Act and County ordinances enacted pursuant thereto at the time of its creation, then a conditional (rather than an unconditional) certificate of compliance shall be issued pursuant to subsection (B) of this section.
(c)
For purposes of subsection (A)(3) of this section, a parcel shall be deemed created on or before January 21, 1972, if prior thereto the parcel was conveyed by a deed, deed of trust, or bona fide contract of sale (and in the case of a division creating five or more parcels was in compliance with County ordinances in effect at the time, including minimum parcel size). A parcel shall not be deemed created if it was:
(i)
Solely the result of a right-of-way dividing parcels; or
(ii)
Shown solely on a record of survey, unless the parcel was shown on a record of survey map filed between January 1, 1937, and January 1, 1955, on the basis of a tentative subdivision map for five or more lots which was approved by the County Board of Supervisors; or
(iii)
Shown solely on an unrecorded subdivision map or an unrecorded parcel map; or
(iv)
As to divisions creating five or more parcels, the parcel did not meet the minimum parcel size of the zoning applicable to the property at the time such parcels were originally created; or
(v)
The parcel was described as a "parcel" on one deed and the owner is unable to present documentation showing that the parcel was previously separately conveyed by a separate deed on or before January 21, 1972; or
(vi)
The parcel was created under circumstances which demonstrate an intent to circumvent the Subdivision Map Act or County ordinances adopted pursuant thereto.
(B)
If the County determines that the parcel in question does not comply with the provisions of the Subdivision Map Act or County ordinances enacted pursuant thereto, and does not otherwise qualify for an unconditional certificate of compliance, it shall issue a conditional certificate of compliance, as follows:
(1)
If applicant is the current owner of record and was the owner of record at the time of the initial violation, the County shall issue and record a conditional certificate of compliance imposing such conditions as would be applicable to a current division of the property.
(2)
If applicant was not the owner at the time of the initial violation, the County shall issue and record a conditional certificate of compliance imposing such conditions as would have been applicable to the division of the property at the time applicant acquired his or her interest therein.
(C)
The effect of the certificate of compliance is as follows:
(1)
An unconditional certificate of compliance operates as a final determination that the parcel in question is a legal parcel for the purposes of sale, lease or financing. Such certificate does not entitle the parcel owner to a building permit or grant of development approval absent compliance with other requirements for such building permit or development approval.
(2)
A conditional certificate of compliance serves as notice to the applicant or subsequent grantee, transferee, or assignee that fulfillment and implementation of the conditions given shall be required prior to the parcel in question being deemed a legal parcel for the purposed of sale, lease, or financing. For that reason, conditions relating to violation, combination or merger shall be included. Compliance with such conditions does not entitle the parcel owner to a building permit or grant of development approval absent compliance with other requirements for such building permit or development approval.
(D)
A designated remainder parcel, as defined by this chapter, may subsequently be sold without any further requirement of the filing of a parcel map or final map; however, prior to the sale, lease or financing of said remainder parcel, a conditional certificate of compliance shall be obtained.
(Ord. 3912 § 4, 1988; Ord. 4102 § 1, 1990)
(A)
Contiguous parcels or units thereof under common ownership shall be deemed combined by the actions of the owner under any of the following circumstances:
(1)
Parcels which have been included in an owner's affidavit combining the parcels and recorded in the Office of the County Recorder; or
(2)
Parcels which have been combined into one assessor's parcel number by the Assessor upon the request of the owner; unless:
(a)
The owner demonstrates to the satisfaction of the Planning Director that no significant financial, land use or planning benefit resulted from the combination into one Assessor's parcel; and
(b)
Any financial benefit resulting from the combination into one Assessor's parcel was found by the Planning Director not to be significant, and the owner pays all assessment district, County service area, or other similar charges or fees which would have been due and payable on the subject parcel had it not been combined into one Assessor's parcel.
(3)
Parcels which have been required to be combined as a condition of approval of a minor land division, subdivision, lot line adjustment, or other discretionary approval, and such approval has been accepted or implemented by the owner; or
(4)
Parcels or portions thereof which have been conveyed as one parcel by metes and bounds describing the perimeter of such contiguous parcels or portions thereof, or by description of two or more lots in a block as one parcel where:
(a)
The metes and bounds description varies from an existing boundary line of one or more of the parcels conveyed; or
(b)
There is an express written statement of the grantor which demonstrates the grantor's intent to combine the parcels (including, without limitation, by describing an entire subdivided block of lots or specified lots thereof as one parcel).
(5)
Parcels on which a dwelling or commercial structure or portion thereof has been built across the common boundary line of such lots or parcels except when the encroachment was of such a minor and inadvertent nature that it could be eliminated through a boundary adjustment. Such parcels remain combined even if the structure is removed.
(B)
Lots or parcels which have been combined by actions of the owner as provided in this section shall thereafter be subject to all of the provisions of this chapter.
(Ord. 3912 § 5, 1988; Ord. 4281 §§ 9, 10, 1993; Ord. 4365 § 1, 1995)
Two or more contiguous parcels or units of land held by the same owner shall be subject to merger if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size under the Santa Cruz County zoning ordinance applicable to the parcels or units of land, and if all of the following requirements are satisfied. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that a notice of intention to determine status is recorded.
(A)
At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
(B)
One or more of the following conditions exists with respect to the parcel to be merged:
(1)
It comprises less than 5,000 square feet in area at the time of determination of merger;
(2)
It was not created in compliance with applicable laws and ordinances in effect at the time of its creation; or
(3)
It does not meet current standards for sewage disposal or domestic water supply, and it is determined by the Director of Environmental Health that such parcel or unit will not be able to meet the minimum criteria for sewage disposal or water supply in the reasonably foreseeable future; or
(4)
It has been determined by the Planning Director from a geologic investigation or other geologic report to have slope stability or other geologic hazards which cannot be mitigated to an acceptable degree for development; or
(5)
It has been determined by the Planning Director to have no legal access which is adequate for vehicular and safety equipment access and maneuverability; or
(6)
It has been determined by the Planning Director to be incapable of being developed because of conflicts with applicable General Plan provisions, other than minimum lot size or density standards.
(C)
The requirements of subsection (B) of this section need not be satisfied, and the parcels in question shall be merged, if the other requirements of this section are satisfied and if one of the following conditions exists:
(1)
On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open space land pursuant to a contract, agreement, scenic restriction, or open space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.
(3)
On July 1, 1981, one or more of the contiguous parcels or units of land are located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by a local agency.
(4)
On July 1, 1981, one or more of the contiguous parcels or units of land are located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by a local agency.
(5)
Within the Coastal Zone, as defined in Section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land have been identified or designated as being of insufficient size to support residential development and where the identification or designation has either (a) been included in the land use plan portion of a Local Coastal Program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (b) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based.
(D)
Procedure to Determine Merger Status of Parcels.
(1)
Notice of Intention to Determine Merger Status. Whenever a designee of the Planning Director believes that real property is subject to merger pursuant to the provisions of this section, the designee of the Planning Director shall cause to be mailed by certified mail (return receipt requested) to the then current record owner of the property a notice of intention to determine merger status notifying the owner that the affected parcels can be merged pursuant to standards set forth in this section and advising the owner of the opportunity to request a hearing on the determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The designee of the Planning Director shall cause the notice of intention to determine merger status to be filed for record with the County Recorder on the date that the notice is mailed to the property owner.
(2)
Hearing to Determine Merger Status of Parcels. At any time within 30 days after recording of the notice of intention to determine merger status, the owner of the affected property may file with the County Planning Department a request for a hearing on determination of merger status. Upon receiving a request for hearing on determination of merger status, the Director shall set a hearing not more than 60 days of the receipt of the property owner's request and advise the property owner by certified mail of the time, date, and place of the hearing. The hearing may be postponed or continued with the mutual consent of the Director and the property owner. At the conclusion of the hearing, the Director shall make a determination whether the affected parcels are to be merged or are not to be merged and shall so notify the owner of the determination. Any determination of merger shall be recorded within 30 days after conclusion of the hearing.
(3)
Determination of Status without a Hearing. If within the 30-day period provided, the owner does not file a request for a hearing in accordance with subsection (D)(2) of this section, the Director may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. Any determination of merger shall be recorded by the Director no later than 90 days following the mailing of the notice of intention to determine status.
(4)
Release of Notice of Intention to Determine Merger Status. If in accordance with subsections (D)(2) or (D)(3) of this section, the Director determines that the subject property shall not be merged, the Planning Director shall cause to be recorded a release of the notice on intention status, and shall mail a clearance letter to the then current owner of the property.
(Ord. 3912 § 6, 1988)
(A)
Violation proceedings may be instituted where the County has reasonable cause to believe that real property has been divided or is maintained in violation of the Subdivision Map Act or County ordinance enacted pursuant thereto. Violations include, but are not limited to, the following:
(1)
Subdivision creating five or more parcels on or before January 21, 1972, which resulted in one or more parcels in violation of existing zoning or other land use regulations in effect at the time of the division; or
(2)
Subdivision after January 21, 1972, without County approval; or
(3)
Noncompliance with any condition of approval of a subdivision.
(B)
The procedure for violation proceedings shall be as follows:
(1)
The designee of the Planning Director shall mail a notice of intention to record a notice of violation by certified mail (return receipt requested), addressed to the current owner of record of each parcel created by the land division which caused the violation, or which is otherwise in violation, specifying a time and date 30 to 60 days from the date of mailing and a place for a meeting at which such owner may present evidence why the notice of violation should not be recorded and including:
(a)
A statement that failure of owner to inform the County of Santa Cruz Planning Department within 15 calendar days of receipt of the notice of intention to record a notice of violation that he or she objects to recording of notice of violation with the County Recorder shall result in such recordation on or after the sixteenth day following such receipt; and
(2)
Recordation of Notice of Violation Absent Objection. If an owner has failed to inform the County of Santa Cruz Planning Department within 15 calendar days of receipt of the notice of intention to record a notice of violation, the designee of the Planning Director shall determine whether the preponderance of evidence warrants a finding of violation and, if so, record the notice of violation on or after the sixteenth day following such receipt.
(3)
Determination After Objection and Presentation of Evidence by Owner.
(a)
The designee of the Planning Director shall determine whether a preponderance of evidence warrants a finding that the real property has been divided or maintained in violation of the provisions of the Subdivision Map Act or County ordinance regulating land divisions.
(b)
The procedure for the meeting to determine whether there has been a violation shall be as follows:
(i)
The designee of the Planning Director shall hold a meeting at the time, date, and place specified in the notice of intention to record a notice of violation, consider the evidence, and make a determination whether there has been a violation.
(ii)
If the determination is that there has been no violation, the designee of the Planning Director shall mail a clearance letter to the then current owner of record for each parcel as to which such determination has been made.
(iii)
If the determination is that there has been and continues to be a violation, the designee of the Planning Department shall prepare a notice of violation which shall:
A.
State the name of the owner of record for each parcel as to which such determination has been made;
B.
Contain the notarized signature of the Planning Director;
C.
Be mailed (as a copy) to owner; and
D.
Be recorded in its original form with the County Recorder. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property.
The County Recorder shall index the names of the fee owners in the general index.
(4)
Release of Notice of Violation. Where the designee of the Planning Director determines that a violation has been cured subsequent to recording of a notice of violation that notice may be released as follows:
(a)
The designee of the Planning Director shall prepare a release of notice of violation which shall:
(C)
No parcel shall be determined to be a legal parcel where a determination of violation has been made pursuant to subsection (B)(3)(b)(iii) of this section and such violation has not been the subject of a release of notice of violation pursuant to subsection (B)(4) of this section.
(Ord. 3912 § 7, 1988)
When any area in a subdivision where a final map has been finally approved by the Board and filed for record pursuant to this chapter is thereafter annexed to a city, the final map and any agreements relating to such subdivision shall continue to govern such subdivision.
(Ord. 2093, 1975; Ord. 3912 § 8, 1988)
When any area in a subdivision or proposed subdivision where a tentative map has been filed but a final map or a special map has not been finally approved is annexed to a city, the tentative map approval shall become null and void. Any further consideration of the matter shall be made by the affected city upon a new application by the subdivider.
(Ord. 2093, 1975; Ord. 2800, 1979; Ord. 2812, 1979; Ord. 3165, 1981; Ord. 3912 § 9, 1988)
The parcel legality determinations set forth in this chapter shall be processed in accordance with Chapter 18.10 SCCC, as follows:
Unconditional Certificate of Compliance | Level III |
Conditional Certificate of Compliance | Level V |
Merger of Parcels | Level IV |
Violation of Subdivision Regulations | Level III |
(Ord. 3912 § 10, 1988)