(a) 
The purpose of this title is to regulate and control the division of land within the City of Santa Maria.
(b) 
This title is enacted pursuant to the general laws of the State of California and is intended to implement and supplement the California Subdivision Map Act, Government Code Section 66410 et seq., as it exists upon adoption of this ordinance, as it may be amended from time to time, and as it concerns the design, improvement and survey data of divisions of land, the form and content of all required maps provided for by the Subdivision Map Act, and the procedure to be followed in securing official approval of land divisions by the City.
(c) 
The regulations contained in this title are determined to be necessary to preserve the public health, safety, and general welfare; to promote orderly growth and development, open space conservation and protection, and proper use of land; and to provide adequate traffic circulation, utilities, and other services in the City.
(d) 
All mandated sections of the Subdivision Map Act are not necessarily indicated in this title; these mandated sections must be complied with during the processing of all land divisions. Those provisions of this title mandated by the Subdivision Map Act are subject to change without notice or action by the City and will be periodically updated in this title. If any discrepancies occur between this title and the Subdivision Map Act, the regulations of the Subdivision Map Act shall apply with the exception of definitions as noted in Section 11-2.01 of this title.
(e) 
This title may be cited as the Subdivision Ordinance of the City of Santa Maria.
(Ord. 94-29, eff. 12/15/94)
(a) 
Except as specifically excluded by the Subdivision Map Act or this title, the provisions of this title shall apply equally to any division of real property wholly or partially within the incorporated area of the City, and shall govern the filing, processing, approval, conditional approval or disapproval of tentative maps, final and parcel maps, mergers, lot line adjustments, reversions to acreage and certificates of compliance, and any modifications thereto.
(b) 
Subdivisions of unincorporated territory adjacent to the City shall be subject to this title as authorized by Government Code Section 66454.
(Ord. 94-29, eff. 12/15/94)
All projects subject to the Subdivision Map Act and this title shall comply with all applicable provisions of the California Environmental Quality Act and the City's Environmental Procedures prior to approval by the Advisory Agency. The subdivider shall provide all necessary data and information requested by the City to prepare the environmental review documents, and shall pay such fees as are required to reimburse City costs for preparation and processing of the environmental review documents in accordance with the most recent fee schedule adopted by the City Council.
(Ord. 94-29, eff. 12/15/94)
(a) 
No real property shall be subdivided or developed unless the project is in conformance with the City's General Plan, any applicable specific plan, Title 12 (zoning) of the Santa Maria Municipal Code, and any other applicable provisions of the City of Santa Maria.
(b) 
The type and intensity of land use as shown in the General Plan and any applicable specific plan, together with the requirements of the Subdivision Map Act and this title, shall determine the type of streets, utilities and other public services that the subdivider may be conditioned to provide. (Reference: Government Code Section 66473.5).
(Ord. 94-29, eff. 12/15/94)
(a) 
Whenever it appears, based on substantial evidence, that land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical locations or conditions, or it is to be devoted to such use that it is impossible or impractical in each particular case to conform fully with the regulations contained in this title, the Planning Commission may make such modifications thereof as are reasonably necessary or expedient, provided that such modifications are in conformance with the Subdivision Map Act.
(b) 
Whenever it appears, based on substantial evidence, to the Planning Commission that the land involved in any subdivision is to be set aside or designated for low and moderate income housing and the City has not granted a density bonus pursuant to Government Code Section 65915 et seq., the Planning Commission may make such modifications to this title as are reasonably necessary or expedient, provided that such modification is in conformance with the Subdivision Map Act.
(Ord. 94-29, eff. 12/15/94)
(a) 
A tentative and final map shall be required for all subdivisions creating five or more lots, five or more condominiums or townhomes, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative apartment project containing five or more dwelling units, except where:
(1) 
The land, before division, contains fewer than five net acres, and each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required; or
(2) 
Each parcel created by the division has a gross area of 20 acres or more and each parcel created by the division has a City-approved access to a maintained public street or highway; or
(3) 
The land comprises part of a tract of land zoned for industrial or commercial development, and each parcel created by the division has an approved access to a public street or highway, and the proposed division has the approval of the City Council as to street alignments and widths; or
(4) 
Each parcel created by the division has a gross area of not fewer than 40 acres or is not less than a quarter of a quarter section.
A tentative and parcel map shall be required for the subdivisions described in subsections (1) through (4). (Reference: Government Code Section 66426).
(Ord. 94-29, eff. 12/15/94)
(a) 
A tentative and parcel map shall be required for all subdivisions creating four or fewer lots, four or fewer condominiums or townhomes, a community apartment project containing four or fewer parcels, or for the conversion of a dwelling to a stock cooperative apartment project containing four or fewer dwelling units, except where:
(1) 
The division contains only parcels of not fewer than 40 acres or which are not less than a quarter of a quarter section; or
(2) 
The division is for land conveyed to or from a governmental agency, public entity, or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless it is determined, upon substantial evidence, that public policy necessitates a tentative and parcel map; or
(3) 
The parcels are created by a short-term nonrenewable lease for a term of one year or less, unless it is determined, upon substantial evidence, that public policy necessitates a tentative and parcel map.
(b) 
Parcel Map Waiver. A tentative and parcel map required by this chapter may be waived by the Director of Community Development upon a finding that the proposed division complies with all requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and the Santa Maria Municipal Code. At the discretion of the Director of Community Development, a tentative map may be required to be submitted as a condition of the parcel map waiver.
Actions of the Director of Community Development on parcel map waivers under this section are of such a nature that they do not constitute a significant or substantial deprivation of the property rights of others. Nevertheless, within 14 calendar days of the action on the waiver by the Director, the Director's decision may be appealed in accordance with Section 11-13.04(a) of this title. (Reference: Government Code Section 66428).
(Ord. 94-29, eff. 12/15/94)
This title does not apply to:
(a) 
The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks;
(b) 
Mineral, oil, or gas leases;
(c) 
Leases of land for agricultural purposes (cultivation of food or fiber or the grazing or pasturing of livestock);
(d) 
Land dedicated for cemetery purposes pursuant to the Health and Safety Code;
(e) 
Short-term leases (terminable by either party on not more than 30 days written notice) of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a division of land pursuant to the Subdivision Map Act. In such a case, a tentative and parcel map is required;
(f) 
Any other exception included in the Subdivision Map Act. (Reference: Government Code Sections 66412, 66412.1, 66412.2, 66412.5).
(Ord. 94-29, eff. 12/15/94)
A map of a condominium project, a community apartment project, or of the conversion of five or more existing dwelling units to a stock cooperative apartment project need not show the buildings or the manner in which the buildings or airspace above the property shown on the map are to be divided. The City shall not have the right to refuse approval of a tentative, parcel, or final map of such a project on account of design or location of buildings on the property, or of the manner which airspace is to be divided. (Reference: Government Code Section 66427).
(Ord. 94-29, eff. 12/15/94)
(a) 
The City may require improvements in conjunction with a tentative and parcel map. These improvements shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable onsite and offsite improvements for the lots being created. Requirements for construction of offsite and onsite improvements shall be noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record.
(b) 
Fulfillment of the construction requirements shall not be required until the time a permit or other grant of approval for development of the parcel is issued by the City of Santa Maria. However, the Planning Commission may require fulfillment of the construction requirements within a reasonable time following approval of the parcel map and prior to issuance of a permit or other grant of approval for the development of the parcel upon a finding by the Planning Commission that fulfillment of the construction requirements is necessary for either of the following reasons:
(1) 
The public health and safety.
(2) 
The required construction is a necessary prerequisite to the orderly development of the surrounding area. (Reference: Government Code Section 66411.1).
(Ord. 94-29, eff. 12/15/94)
Fees for processing maps or other approvals required by this title shall be paid in the amounts prescribed by resolution of the City Council. Before increasing or adding a fee, notice shall be given in accordance with Title 2 of the Santa Maria Municipal Code. Except as otherwise specified in the Municipal Code, such fees are not refundable.
(Ord. 94-29, eff. 12/15/94)