Pre-'72 Subdivision Ordinances...

[Ian Wilson]

§66412.6(a) of the SMA tells us that lots created by deeds recorded prior to March 4, 1972 are presumed to be legally created lots. However, it adds the caveat that “…there was no local ordinance in effect which regulated divisions of land creating fewer than five parcels…â€￾

So, my question to the Board Collective (not to be confused with the BORG Collective, which is something entirely different) is this: What ARE the jurisdictions which had a “…local ordinance in effect which regulated divisions of land creating fewer than five parcels…â€￾ PRIOR to March 4, 1972 and what was the date of the adoption of that Ordinance?

I believe that Glendale was one such city…or was it Pasadena?

At any rate, help me compile a list.

Cheers, y’all!

[D Ryan]

Humboldt County- Subdivision Ordinance June 25, 1948
Parcel Map Ordinance- Oct. 8, 1964

Good luck Ian, 58 counties, 512 cities in California (or thereabouts)

[Ian Wilson]

Thanks, Dave!

Wouldn't such a list be a valuable resource for CLSA members? I think so!

[Ric7308]

Ian,

I know that Mike Emmons, County Surveyor in Santa Barbara had a pretty detailed timeline of laws, maybe in his County. So, you may want to contact him.

Ric

[Gromatici]

Mike busy checking my maps, so don't bother him!

Here is a link:

http://www.countyofsb.org/pwd/Surveyor/ ... anuals.htm

Scroll to the bottom "Chapter 9" and open "Historical Regulations of 4 or Fewer Parcels" and the others.

Enjoy!

[Ian Wilson]

OK, Santa Barbara County regulated subdivisions creating 4 or fewer parcels July 27, 1955 to September 13, 1955 (Ord. 791)

Plat required except where:
*Each parcel resulting therefrom contains an area of more than 5 acres, or
*Division by Court Decree, or
*Division by Intestate (not having a will), or
*Division by Testamentary Disposition (bequeathed by will)
Except that a recorded Deed was required to follow the dividing action to
complete the division as the plat did not create parcels by itself.

Note the last line!

[Gromatici]

Good memory!

[Peter Ehlert]

You said "Santa Barbara County regulated subdivisions creating 4 or fewer parcels" ..... "Except that a recorded Deed was required to follow the dividing action to complete the division as the plat did not create parcels by itself."

was there a time limit to record a deed required by those permitted subdivisions?

are these vested rights of the land owners that have not yet been exercised?

[Michael Emmons]

Ian:

I saw my name in the thread and thought I better chime in to defend? myself. Sorry Eric, your maps will have to wait a few minutes!

The County of Santa Barbara began regulating subdivisions (5 or more lots created) on October 13, 1937 by adopting County Ordinance 507. This ordinance basically "mirrored" the 1937 Subdivision Map Act. The next change occurred on June 9, 1955 where Ord. 507 was repealed and the County adopted Ordinance 786 in it's place. This only regulated subdivisions of 5 or more (today's tract maps). On July 27, 1955, the County of Santa Barbara began regulating 4 or fewer (today's parcel maps) by adopting County Ordinance 791. Ordinance 786 remained until Ordinance 1722 was adopted in May 1966. County Ordinance 791 remained in affect until it was over-ridden by an amendment to County Ordinance 786 (Ord. 968) on October 15, 1958.

During the period from 1955 to 1966, many changes occurred to both County Ordinances 786 and 791. The requirements for subdivisions (791) changed, sometimes requiring a record of survey, sometimes not. Some required lot split plats, some required lot split plats to be recorded, some were approved by the Subdivision Review Committee without other County involvement. County Ordinance 786 overroad 791. Exemptions to both ordinances were introduced and continually modified. Hence...confusion.

This is not an easy subject to digest, nor is it easy to come to a conclusion as to whether parcels created in Santa Barbara County were created in compliance with subdivision law (Issuing certificates of compliance). I don't believe this is peculiar to Santa Barbara but it is not similar in counties such as Orange County or Riverside. It is with counties such as Sonoma and Santa Cruz.

I put this out just to show that there are obvious differences in subdivision regulations depending on the County. Best of luck compiling that into one volume.

Michael Emmons
County Surveyor
County of Santa Barbara

[goodgps]

That 1967 date applies to some specific locations around My woods too.
In some areas, parcels could be created simply by deed. Other locations required a "Division of land " application and execution. Division of Land maps were "filed" with the county surveyor but not "recorded" at the recorders office.

My dad tells me that in the forty's and 50's, he would be hired to parcel out a property. he would survey the property, taking exact notes. He would set redwoods or pipes at the parcel locations and then create a map from his field notes. The map was recorded as evidence (similar to the parcel map gurantee of today) No red tape. . . just trust and respect.

sorry I got off the point :(
"Good"