§ 21-1. Definitions.  


Latest version.
  • 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.

(Ord. No. 1722, pt. 1, § 5; Ord. No. 2950, §§ 1, 2; Ord. No. 3402, § 2; Ord. No. 4019, § 1; Ord. No. 4157, § 1; Ord. No. 4405, § 1; Ord. No. 4436, § 1; Ord. No. 4805, §§ 1, 2, 10-18-2011; Ord. No. 4854, § 1, 4-16-2013; Ord. No. 4932, § 1(A), 8-25-2015)