For the purposes of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Generally. All words and terms used herein shall have the same meaning as defined
and used in the California Subdivision Map Act except as herein provided.
Advisory Agency. Pursuant to the State Subdivision Map Act, Government Code Section
66415, the designated official or official body charged with the duty of making investigations
and reports on the design and improvement of proposed divisions of real property,
the imposing of requirements or conditions therein, or having the authority by this
chapter and/or State Subdivision Map Act to approve, conditionally approve or deny
projects; also known as the decision-maker.
Board of Supervisors. The board of supervisors of the county.
Border. That portion of the road right-of-way lying between the area designed for
vehicle use and the right-of-way line.
Buffer, Agricultural. A designated width of land used to minimize potential land use
conflicts between non-agricultural development/uses and adjacent agricultural uses.
The following terms are defined for the purposes of section 21-32A, Agricultural buffers:
1.
Production Agriculture. A commercial agricultural operation that excludes rangeland
or pastureland operations. Production agriculture allows for a change of crop or fallow
periods.
2.
Rangeland or Pastureland.
a.
Land that is not currently used for agricultural production but is used for the grazing
or pasturing of livestock, such as cattle and horses, which may also include facilities
for confining animals, but not involving a commercial livestock feed or sales yard
or dairy.
b.
Land which is limited in its potential use, as defined by soils or other constraining
factors, from supporting production agriculture. See the Agricultural Buffer Implementation
Guidelines (Appendix B) for details.
3.
Sensitive Non-agricultural Uses. Child care facilities, educational facilities, medical
facilities, schools, student dormitories, senior housing, and other similar uses.
4.
Small Lot. A lot equal to or smaller than one-half acre that is located adjacent to
an urban boundary line as designated on the Comprehensive Plan maps.
Building Site. A validly created lot or parcel of land containing not less than the
prescribed minimum area required by any applicable subdivision and zoning ordinances
and regulations existing at the time of the creation of the lot or parcel and occupied
or which can legally be occupied by buildings and structures.
Certificate of Compliance. Issuance of a certificate by the county surveyor pursuant
to California Government Code Section 66499.35 stating that a parcel of land was created
in compliance with the laws and ordinances in effect at the time of the creation of
the parcel.
Comprehensive Plan. The Santa Barbara County Comprehensive Plan, including the Coastal
Land Use Plan and all community or area plans, as it may be amended by the board of
supervisors from time to time.
Conditional certificate of compliance. Issuance of a certificate by the county surveyor
pursuant to California Government Code Section 66499.35 stating that a parcel of land
was not created in compliance with the laws and ordinances in effect at the time of
the creation of the parcel. Conditions as authorized under Sections 66499.34 and 66499.36
of the California Government Code and defined by the local agency may be attached
to the certificate.
Conversion. A change in the form of ownership of a parcel of land, together with the
existing buildings and structures, regardless of the present or prior use of such
land, buildings and structures and of whether substantial improvements have been made
to such buildings and structures, including conversion to two or more residential
units or parcels in any of the following forms of ownership: a condominium, a community
apartment project, a stock cooperative, a limited equity cooperative, or conversion
to a mobilehome subdivision.
County Surveyor. The person appointed by the board of supervisors as the county surveyor.
Decision-Maker. The designated official or official body having decision-making jurisdiction
under the authority of this chapter and/or State Subdivision Map Act; also known as
the advisory body.
Division, Division of Land, or Divided. Any separation of land into two or more parts
or parcels.
Dwelling. A building or portion thereof designed for and occupied in whole or in part
as a home, residence, or sleeping place, either permanently or temporarily, by one
or more families and their guests and servants, but not including a boarding or lodging
house, hotel, auto court, or trailer.
Dwelling Unit. One or more rooms in a dwelling or multiple dwelling or apartment hotel
used for occupancy by one family (including necessary servants and employees of such
family) for living or sleeping, and having only one kitchen.
Highways. Includes roads and streets. The terms street, road, and highway are used
interchangeably and refer to the rights-of-way used or to be used for vehicular traffic
and for pedestrian traffic, other than driveways or alleys.
Intersection. The area embraced within the prolongation of the lateral curb lines,
or, if none, then the lateral boundary lines of the roadways of two roads which join
one another at approximately right angles, or the area within which vehicles traveling
upon different roads joining at any other angle may come in conflict.
Lease. The renting of real property, but shall not include any lease which does not
create a building site, such as, but not limited to, the renting of apartment units,
offices, stores, or similar spaces within a building or separate buildings on a single
parcel or agricultural, grazing, mineral, oil, or gas leases or trailer spaces within
trailer parks.
Lot Line Adjustment. An adjustment of lot lines between two or more adjacent parcels,
where the land taken from one parcel is added to an adjacent parcel and where a greater
number of parcels than existed is not thereby created.
Merger. The joining of two or more lots or parcels of land by the elimination of a
common property line. The resultant parcel shall be treated in all respects as a single,
legal parcel.
Mobilehome. A trailer, transportable in one or more sections, with or without a permanent
foundation and not including a recreational vehicle, commercial coach or factory-built
housing.
Mobilehome Rental Park. Any area or tract of land where two or more mobilehome lots
are rented, leased, or offered for rent or lease to accommodate mobilehomes used for
human habitation. The rental paid for any such mobilehome shall be deemed to include
rental for the lot it occupies.
Mobilehome Subdivision. Any area or tract of land where two or more parcels are individually
owned and used to accommodate mobilehomes for human habitation, including, without
limitation, individual ownership or underlying lot and shared ownership of common
areas and facilities, or ownership of an individual interest in the land coupled with
the right of exclusive occupancy of an individual lot.
Montecito Community Plan. That portion of Santa Barbara County located within the
boundaries of the Montecito Community Plan as shown on the Montecito Community Plan
Land Use Map.
Nonconforming Lot. A lot the area, dimensions or location of which was lawful prior
to the adoption of this chapter or any amendments hereto, or previously adopted county
zoning ordinances, and which does not conform to the present regulations of the zoning
district in which it is situated.
Notice of Violation. A constructive notice of violation of the Subdivision Map Act
or this chapter issued by the county surveyor to current owners and all successors
in interest in a real property parcel and recorded by the county recorder. A notice
of violation is issued pursuant to this chapter and California Government Code Section
66499.36.
Officers. Whenever reference is made to some officer, board, or commission, department,
or office, it shall mean an officer, board, commission, department, or office of the
county unless otherwise specified; provided, however, that in the case of flood control
matters, such reference shall be to the Flood Control and Water Conservation District
of the county unless otherwise specified.
All officers referred to herein shall mean the respective employees or department
heads of the county or their duly authorized representatives, unless a different intent
is expressed herein.
Opening of a New Street or Opening of a New Road. The reservation of right-of-way
or easement by map or deed, or the improvement of an existing unimproved right-of-way
for the purpose of vehicular travel.
Original Parcel. An area of land under common ownership shown as a unit or as contiguous
units on the latest available assessment rolls of the county not established as separate
lots or parcels as provided in subsection (d) of section 21-4.
Owner. Any individual, firm, association, syndicate, copartnership, corporation, trust,
or any other legal entity having a legally protected interest in the land sought to
be divided.
Planning Commission. The Santa Barbara County Planning Commissions, including the
Montecito Planning Commission.
Planning Director. The director of the planning and development department of the
county or designee.
Standard Details. Those technical engineering drawings approved by the appropriate
county officials.
Street and Road. Public and private rights-of-way which afford a means of vehicular
access to property; provided, however, that a private easement, right-of-way, or extension
thereof shall not be construed to be a "street" or "road" where such private easement,
right-of-way or extension thereof cannot be reasonably expected to serve more than
four existing or future building sites under the presently applicable zoning and subdivision
regulations.
Subdivider. Any individual, firm, association, syndicate, copartnership, corporation,
trust, or any other legal entity commencing proceedings under this article to effect
a subdivision of land hereunder for himself or for another.
Subdivision. Any division of land subject to the provisions of this article.
Zoning Administrator. The zoning administrator of the county.