HomeMy WebLinkAboutMP 133; Occidental Petroleum; Master Plan (MP) (19)tc'z «f Calivcrnfa Department of Justice
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: 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