(a)
Purpose. For the purposes of this section, a recorded map shall mean a subdivision
recorded as either a final or parcel map, a lot split plat shall mean a division of
property approved prior to February 17, 1966 pursuant to Ordinance No. 791 as amended,
and a lot line adjustment shall mean a lot line adjustment approved pursuant to article
III of this chapter. The provisions of this section set forth findings, procedures
and fees for modification of the conditions of approval for recorded final or parcel
maps, lot split plats and lot line adjustments where changes in circumstance(s) occurring
after recordation of a final or parcel map or other method by which a lot shown on
an approved lot split plat or approved lot line adjustment is legally established
render any or all of the conditions of the final or parcel map or approved lot split
plat or lot line adjustment no longer appropriate or necessary.
(b)
Fees. The fee or fees for processing, recording and other services, as established
from time to time by the board of supervisors by resolution or order, shall be paid
by the applicant as provided in such resolution or order. The board of supervisors
may for good cause shown amend, reduce or waive the fee for a modification application.
(c)
Materials for Filing. Any applicant proposing a modification to a recorded final or
parcel map, lot split plat or lot line adjustment pursuant to this section shall submit
the following information:
(1)
The materials described in section 21-7 and 21-8 of this chapter;
(2)
A complete description of the proposed modification;
(3)
A detailed written description of the manner in which the proposed modification meets
the findings described in subsection (h) of this section; and
(4)
Any additional materials required by the county at the time of application submission.
(d)
Applicant. An application for a modification to a recorded final or parcel map or
lot split plat or lot line adjustment shall be signed by all parties having any record
title interest that may be affected by the requested modification.
(e)
Easements. For the purpose of this section, the modification of a condition relating
to an easement (e.g. location or use) shall not be found to alter any right, title
or interest in the real property if the application is signed by all parties having
any record title interest in the real property subject to the recorded final or parcel
map or shown on approved lot split plat or approved lot line adjustment.
(f)
Review. The proposed modification shall be reviewed by the subdivision/development
review committee, which shall submit its recommendation to the decision-maker.
(g)
Procedure for Modification of a Final or Parcel Map, Lot Split Plat or Lot Line Adjustment.
Any proposed modification of a final or parcel map or lot line adjustment shall require
a public hearing before the decision-maker with current jurisdiction as determined
by this chapter for the final or parcel map or line lot line adjustment proposed to
be modified, according to the procedures specified in section 2l-7 of this chapter.
Any proposed modification of a lot split plat shall require a public hearing and be
under the jurisdiction of the zoning administrator. The subject of the hearing shall
be confined to consideration of and action on the proposed modification(s). Notice
of such hearing shall be provided as prescribed by State Subdivision Map Act, California
Government Code Section 66451.3 and this chapter as provided in section 21-71.3 (Public Hearing Notice). The action of the decision-maker shall be final, unless
appealed to the board of supervisors as provided in section 21-71.4 (Appeals).
(1)
Applications for modifications of a final or parcel map, lot split plat or lot line
adjustment shall also be processed in compliance with the requirements of section 21-32A, Agricultural Buffers, of division 5, Subdivision Standards and Principles, of article
I, Subdivisions, of this chapter.
(h)
Findings. Modifications to recorded final or parcel maps, lot split plats or lot line
adjustments shall be approved only if all of the following findings can be made:
(1)
There are changes in circumstances that make any or all of the conditions of such
a recorded final or parcel map, lot split plat or lot line adjustment no longer appropriate
or necessary.
(2)
The modification does not impose any additional burden on the present fee owner of
the property.
(3)
The modification does not alter any right, interest or title reflected by the recorded
final or parcel map, lot split plat or lot line adjustment.
(4)
The recorded final or parcel map, lot split plat or lot line adjustment as modified
conforms to the provisions of section 66474 of the California Government Code.
(5)
The recorded final or parcel map, lot split plat or lot line adjustment as modified
is consistent with the applicable zoning ordinance.
(6)
The property for which the modification is sought is in compliance with all laws,
rules and regulations pertaining to zoning uses, subdivisions, height and setbacks,
and any other provisions applicable to the property for which the modification is
sought, and such enforcement fees as established from time to time by the board of
supervisors have been paid.
(7)
The recorded final or parcel map or lot line adjustment as modified does not result
in an increased number of dwelling units or a greater density than the recorded final
or parcel map or lot line adjustment.
(i)
Final Action. Upon approval of the requested modification, the applicant shall submit
to the county surveyor, consistent with such approval, either an amending map, certificate
of correction or other documents as the county surveyor shall determine to be appropriate,
which amending map, certificate of correction or other documents shall be recorded
with the Santa Barbara County recorder.
(j)
Certificate of Correction. A Certificate of Correction amending a final or parcel
map shall be prepared in accordance with section 66470 of the California Government
Code. Submittal requirements of the document shall include:
(1)
Two copies of the certificate of correction;
(2)
Current lot book guarantee or suitable document listing the present fee owners and
all holders of record title interest of the real property affected by the certificate
of correction;
(3)
Assessor parcel numbers shall be listed on the certificate of correction for all affected
property;
(4)
Fees as prescribed by the board of supervisors.
