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HomeMy WebLinkAboutMP 133; Occidental Petroleum; Master Plan (MP) (19)tc'z «f Calivcrnfa Department of Justice I" f'V *". /*• ? »* V*i • a v.',i K," : MICHAEL L. FISCHER, AIP Dole : August 26, 1974 Executive Director North Central Coast Regional Commission File No.: 1050 Morth;;ate Drive, Suite 130 San Rafael, California 94903 From : OiTTce of the Attorney General - LOS Angeles jSobjecJ. Request for letter opinion on lot splits In a memorandum dated August 7, 1974, -you have inquired as to whether a Coastal Commission permit is required for a lot split or minor subdivision in which the original lot lies partly within the permit area,^ but one of the new lots to be created lies wholly outside the permit area. We conclude that a permit would be required in such a case. .Section 27400 of the Public Resources Code requires anyone wishing to "perform any development within the permit area" to obtain a permit authorizing such development. Section 27103 defines "development" to include, among other things, ". . .change in the density or intensity of use of land, including, but not limited to, subdivision of'land pursuant to the Subdivision Map Act and any other division of land, including lot splits . .' .''. It is thus clear that any subdivision or lot split involv5.ng a change in the density or intensity of use of land, and taking place "within the permit area," requires a permit. The question, however, is what constitutes such a subdivision or lot split "within the permit area". In the example you present us, the lot to' be split lies partly within and partly without the permit area. The line drawn to split the original lot into two lots lies wholly without the permit area such that one of the two resulting new lots also lies •wholly without the permit area while the other lies partly within and partly without. If the (line effecting the lot split is to be considered the "developcaent!'j then it would not require a permit since it does not lie within the permit area. However, this is a short-sighted interpretation which does not reflect the reality of the situation. • , *• Regardless of where the lot split line lies, it cannot constitute the "development". The "development" is not the line dividing the lot in two but the situation resulting fron the division, that is, two new, smaller lots instead of one larger lot. • Michael" L. Fischer, AIP Page Two. It is this situational change that compels us to conclude that a "development" is taking place "within the permit area" even though only part of the original lot lies within the permit area. This is true because that portion of the original lot lying within the. permit area has become, by virtue of the lot split, part of a smaller lot with a different configuration than the original lot. The potential use of that portion lying within the permit zone has changed as a result of its being made part of a smaller, different shaped lot. For example, the larger lot might have been usable for some heavy industry or manufacturing concern, a large commercial concern, or an apartment complex. The smaller lot, by contrast, may only be able to support, respectively, some light industry or manufacturing, a small business establishment, or a small apartment or single-family home. The intensity of use, and perhaps the density'also, of the new, smaller parcel has changed and this change applies to that portion of the parcel lying within the permit area. To conclude that such a change requires a permit is wholly consistent with the language and intent of the Coastal Zone Conservation Act to whatever extent the lot split will change the potential use of the land within the permit area. B- ti DOUGLAS B. NOBLE Deputy Attorney General DBN/ej provisions of this chapter or local ordinance adopted pursuant to this chapter. 66452.6.' (a) An approved or conditionally approved tentative map shall expire 12 months after its approval or conditional approval, or after such additional period of time as may be prescribed by local ordinance, not to exceed an additional 18 months. (b) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map. (c) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of two years. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. 66452.7. The governing body, when there is no advisory agency or the advisory agency is required by Section 66455.5 of the Government Code to submit the tentative map to the Office of Intergovernmental Management, may extend the time permitted for action on such map if it is required to allow consideration of the evaluation received from the Office of Intergovernmental Management, but such extension shall not exceed 15 days. Article 3. Review of Tentative Map by Other Agencies 66453. A local agency may make recommendations concerning proposed subdivisions in any adjoining city or in any adjoining unincorporated territory provided such subdivisions are within three miles of the exterior boundary of such local agency. A local agency which desires to make recommendations concerning such proposed subdivisions shall file with the local agency having jurisdiction of such subdivisions a map indicating the territory in which it desires to make such recommendations. The local agencies receiving such territorial map shall issue a receipt therefor and shall thereafter transmit to the official designated by such local agency one copy of each tentative map of subdivisions located wholly or partially within the territory outlined on the territorial map. Such transmission shall be within five days after the receipt of the tentative map. Any local agency receiving such tentative map shall make its recommendation to the local agency having jurisdiction of the subdivision within 15 days after receipt of such tentative map. The recommendations shall be taken into consideration by the local agency having jurisdiction before action is taken upon the tentative — 15 — map, 66454. Any subdivider may file with a city the tentative map of a proposed subdivision of unincorporated territory adjacent to such city. The map, in the discretion of the city, may be acted upon in the manner provided in Article 2 (commencing with Section 66452) of this chapter, except that if it is approved, such approval shall be conditioned upon annexation of the property to such city within such period of time as shall be specified by the city, and such approval shall not be effective until annexation of such property to the city has been completed. If annexation is not completed within the time specified or any extension thereof, then the approval of such map by such adjacent city shall be null and void. No subdivision of unincorporated territory may be effected by approval of a map by a city unless annexation thereof to the city is completed prior to the approval of the final map thereof. 66455. The State Department of Public Works may file with the legislative body of any local agency having jurisdiction, a map or an amended map of any territory within one mile on either or both sides of any state highway routing in which territory it believes subdivision would have an effect upon an existing state highway or a future state highway, the route of which has been adopted by the California Highway Commission. The city or county having jurisdiction shall issue a receipt for the territorial map and thereafter shall transmit to the district office of the Division of Highways of such department in the district in which the proposed subdivision is located, within three days after the receipt thereof, one copy of each tentative map of any subdivision located wholly or partly within the territory outlined on the territorial map. The department upon receiving a copy of the map may, within 15 days after receipt thereof, make recommendations to the local agency in connection therewith regarding the effect of the proposed subdivision upon such highway or highway route. 66455.5. Upon the filing of a tentative map as provided in Section 66452, it may be submitted to the Office of Intergovernmental Management pursuant to Section 12037 of the Government Code for an evaluation of the environmental impact of the proposed subdivision. If the subdivision in question is a land project as defined by Section 11000.5 of the Business and Professions Code, such submission shall be required prior to approval of the map. ^ 66455.6. The clerk of the legislative body or the advisory agency j of each local agency having jurisdiction over any part of the coastal \ zone, as defined in Section 27100 of the Public Resources Code, shall J transmit to the office of the California Coastal Zone Conservation •N. Commission within three days after the receipt thereof, one copy of ) each tentative map of any subdivision located, wholly or partly, / within the coastal zone, and such commission may, within 15 days / thereafter, make recommendations to the appropriate local agency 16 — regarding the effect of the proposed subdivision upon the California Coastal Zone Conservation Plan. This section does not exempt any such subdivision from the permit requirements of Chapter 5 (commencing with Section 27400) of Division 18 of the Public Resources Code. This section shall remain in effect only until the first day of January after the final adjournment of the 1975-76 Regular Session of the Legislature and as of that date is repealed. Article 4. Final Maps 66456. After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the approved or conditionally approved tentative map. 66457. (a) A final map conforming to the approved or conditionally approved tentative map, if any, may be filed with the legislative body for approval after all required certificates on such map have been signed and, where necessary, acknowledged. (b) If the subdivision lies entirely within the territory of a city, the map shall be filed with the city; if entirely within unincorporated territory, the map shall be filed with the county; and if partially within two or more of such territories, the map shall be filed with each, and in the latter case each shall act thereon as provided in this chapter. 66458. (a) The legislative body shall within a period of 10 days after the filing of the final map for approval or at its next regular meeting after the meeting at which it receives the map, whichever is later, approve the map if it conforms to all the requirements of this chapter and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder or, if it does not so conform, disapprove the map. (b) If the legislative body does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the clerk of the legislative body shall certify its approval thereon. 66462. (a) If, at the time of approval of the final map by the legislative body, any public improvements required by the local agency pursuant to the provisions of this division or local ordinance have not been completed and accepted in accordance with standards established by the local agency by ordinance applicable at the time of the approval or conditional approval of the tentative map, the legislative body, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements specified by the local agency; (1) An agreement with tha local agency upon m u tually agreeable terms to thereafter complete such improvement:; at the subdivider's expense. (2) An agreement with the local agency i.o thereafter (i) initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements or (ii) if not completed under such special assessment act, to complete such improvements at the subdivider's expense. (b) Such standards may be adopted by reference, without posting or publishing them, if they have been printed in book or booklet form and three copies thereof have been filed for use and examination by the public in the office of the clerk of the legislative body. (c) The local agency entering into any agreement pursuant to this section shall require that performance of such agreement be guaranteed by the security specified in Chapter 5 (commencing with Section 66499). Article 5. Parcel Maps 66463. The procedure for processing, approval, conditional approval or disapproval and filing of parcel maps and modifications thereof shall be as provided by local ordinance. The provisions of Sections 66477.1, 66477.2, and 66477.3 relating to dedications and offers of dedication on final maps shall apply to dedications and offers of dedications on parcel maps. 66463.5. (a) When a tentative map is required, an approved or conditionally approved tentative map shall expire 12 months after its approval or conditional approval, or after such additional period of time as may be prescribed by local ordinance, not to exceed an additional 18 months. (b) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map. (c) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionaDy approve such tentative maps for a period or periods not exceeding a total of two years. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. Article 6. Filing Maps With County Recorder 66464. (a) After the approval by the city of a final or parcel map