§ 21.03.010. Factors to be considered.
The planning commission and the subdivision review board, as the advisory agency, shall not approve or conditionally approve a tentative tract map or tentative parcel map unless it determines that all of the following criteria are satisfied:
(1)
Ordinance Compliance. The subdivision conforms to all applicable land use, subdivision, building, grading and all other relevant regulations of the county including this title.
(2)
Statutory Compliance. The subdivision meets all requirements of the Subdivision Map Act and all other relevant state laws.
(3)
Parcel and Site Design. The design of the subdivision shall comply with all land use regulations and general plan standards and requirements in effect in the area of the proposed subdivision and shall be based upon the following principles and policies:
a.
The size and configuration of parcels should be such as to encourage the efficient utilization of land and not deter or hinder the use of adjacent parcels, present or future. Where feasible, the use of clustering with open-space provisions shall be encouraged.
b.
Side parcel lines should be as close as practical to right angles to existing rights-of-way.
c.
Unless land use regulations or general plan standards and requirements allow otherwise, parcels shall not be less than sixty feet in width at the front yard setback and not less than eighty feet in depth, provided that corner parcels permit structures to conform to the setback line of each street. The average depth of a parcel shall be no greater than three times the average width of a parcel. Under certain conditions, such as commercial areas, dead-end streets or unusual topographic conditions, the planning commission or subdivision review board may approve an adjustment to this requirement pursuant to Section 21.03.020 of this title.
d.
Double-frontage parcels other than corner lots are discouraged except when necessitated by topographical or other physical conditions or where ingress and egress to and from one of the roads is prohibited by law or where direct access has been or will be relinquished. Requests for adjustment pursuant to Section 21.03.020 should be adequately substantiated by the applicant.
e.
The resulting parcels shall achieve optimal utility as measured by:
1.
Efficient use of land;
2.
Minimizing site disruption in developing access drives and building pads with respect to cuts and fills and vegetation removal;
3.
Ensuring that proposed parcels would not act to deter or hinder the use of the subject or adjacent parcels, present or future; and
4.
Maintaining the character and parcel configuration pattern of the surrounding area.
f.
Access to rear parcels shall be by private easement, and shall not be through the use of a fee ownership strip commonly known as a "flaglot." When streets are proposed within the subdivision, all parcels of the subdivision shall be designed to have direct frontage on a street. Tiered or stacked parcels, served by multiple fee strips or easements, shall not be allowed.
g.
Landscaping. For all proposed parcels of one acre or less to be served by a community water system, street trees shall be provided at a ratio of one tree for every twenty-five feet of frontage. The trees shall be located between the back of the curb or curb line and any existing or proposed structures. Grouping of the required trees is preferred over equal spacing along the frontage. The species of trees shall be native and/or drought tolerant. Where existing vegetation or the proposed species of tree would make this requirement unnecessary or would allow for modification, an adjustment may be requested pursuant to Section 21.03.020 of this title.
h.
Building sites shall be in locations that are least visible from public roads and shall not be located on ridgetops such that future structures will silhouette against the skyline as viewed from public roads, unless an adjustment is approved pursuant to Section 21.03.020 of this title.
i.
It is county policy to discourage parcels divided by the boundary line of a city, county, school district or special taxing district.
(4)
Access and Circulation Design. The following standards shall be applicable to property proposed for division to promote adequate access and circulation:
a.
Any existing or new street, intended or necessary for or serving as the principal means of vehicular access to the property shown on the tentative parcel or tract map, shall have a minimum right-of-way width of forty feet for a part-width street or a minimum right-of-way width of fifty feet for a full-width street. Improvement of said street shall be pursuant to Section 21.05.020 of this title.
b.
The subdivision shall provide for the opening or extension of streets for traffic circulation for the convenience, safety and welfare of the lot owners within the subdivision and the local neighborhood.
c.
The area, dimension or frontage of each parcel should be such as to allow future widening, extension or opening of any street established by specific plans, official plan lines, or where ultimate rights-of-way are determinable from existing developments.
d.
The centerline of all streets wherever practical should be continuations of the centerlines of existing streets or should be offset in accordance with the standard improvement specifications and drawings.
e.
Street intersections should be as near as to a right angle as practical.
f.
Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall extend to the boundary of the property and resulting dead-end streets may be approved without a turnaround when such streets are less than six hundred feet in length. In all other cases, a turnaround having a minimum radius of forty feet or comparable area in other form shall be required, separated to the depth of one parcel from the exterior boundary of the subdivision.
g.
Private easements, if approved by the planning commission or subdivision review board, may serve as access to no more than an ultimate of five parcels, including parcels not owned by the divider. The number of parcels served by any private easement shall include existing parcels and all future parcels which could be created in the future according to the applicable general plan.
h.
Where real property is divided into parcels which are capable of being further divided according to the applicable general plan, the parcels should be of such size and shape as to provide for the opening of primary and secondary streets, and for the ultimate extension and opening of minor streets at such intervals as will permit subsequent division into parcels of minimum size.
1.
Block lengths should not exceed one thousand feet unless existing conditions warrant an exception. Long blocks are desirable adjacent to heavily travelled streets in order to reduce the number of intersections.
2.
Blocks should be of sufficient width to permit two tiers of parcels of required depth.
3.
When the lots are proposed to front on major or secondary streets or highways, the subdivider may be required to dedicate and improve a service road separate from the major street or highway. When lots front on major streets or highways, direct access to such roads may be prohibited.
(5)
Flood Hazard and Drainage.
a.
Where all or any portion of the subdivision is located within a flood hazard combining designation, evidence must be submitted to show that the parcels will have flood free building sites which satisfy the requirements of Title 22 or Title 23 of this code and shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. In addition, the subdivision must not cause a flood hazard to surrounding properties.
b.
Privately maintained drainage basins shall be designed to contain two feet of water or less under the design storm as measured from the lowest point in the basin, and shall be landscaped so as to provide usable open space. Where it is not feasible to construct a drainage basin containing two feet of water or less, an adjustment may be granted pursuant to Section 21.03.020. Where such a basin is proposed, a conceptual plan shall be submitted illustrating: basin cross sections, perimeter safety/access barrier, and interior and exterior landscaping and irrigation. The interior of such a basin shall be landscaped to control erosion and the exterior of the fencing shall be landscaped to screen and soften the fencing.
c.
All new subdivision proposals and other proposed development, including proposals for mobile home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall identify the Special Flood Hazard Areas (SFHA) and the Base Flood Elevations (BFE).
(6)
Water Supply.
a.
Water provision for proposed parcels of less than sixty acres. Prior to the approval of a tentative parcel or tract map for a subdivision creating any parcel of less than sixty acres, sufficient evidence shall be submitted to the county health department showing that water adequate for domestic (human consumption) uses is available on-site or from an approved water purveyor to serve the uses proposed for each parcel. Prior to the recordation of the parcel map or tract map for any subdivision containing any parcel of less than sixty acres, the county health department shall certify for each such parcel less than sixty acres created that an adequate on-site water supply intended for domestic uses, including operable facilities, or water from an approved water purveyor meeting the domestic standards of the California Domestic Water Quality and Monitoring Regulations (California Code of Regulations, Title 22, Section 64401 et seq.) exists and is available. When service is by a public water system as defined by California Code of Regulations, Title 22, Section 64401, construction of the required improvements may be delayed, when approved by the county health department, through preparation of plans, posting of bonds, and preparation and execution of subdivision and inspection agreements in accordance with Sections 21.05.040, 21.05.045, 21.05.050 and 21.05.055 of this title.
b.
Water provision for proposed parcels of sixty acres or greater. Prior to recordation of the parcel map or tract map for any subdivision creating parcels of sixty acres or greater, sufficient evidence shall be submitted to the county health department showing that water adequate for domestic uses is available on-site or from an approved water purveyor to each such parcel of sixty acres or greater.
c.
Whenever the term "sufficient evidence" is used in subparagraphs (6)a. and (6)b. of this section, the evidence shall include existing county data, a report submitted by a registered hydrologist or geologist or a county-licensed well driller, or satisfactory evidence from test wells drilled on each parcel, all of which is subject to the approval of the county health department. Where the term "operable facilities" is used in subparagraph (6)a., it shall mean either a test hole or well establishing to the satisfaction of the county health department that such domestic water of sufficient quantity and quality exists and is available. For domestic water provided from an approved public water system or a shared water system, it shall mean that an approved water main has been extended to serve each of the parcels created.
(7)
Sewage Disposal. The disposal of sewage from or within the parcel shall not, in the opinion of the county health department, constitute a health problem. Adequate provision shall be made for sewage disposal by:
a.
Connection to a community sewer system where available. Proper sewer facilities shall include the installation of service laterals to the property line of each parcel. Locations and grades shall be in accordance with the standard improvement specifications and drawings. In such cases, the divider shall submit a letter from the governing body of the community sewer system prior to action on the tentative parcel or tract map, showing the ability of the system to handle sewage from the proposed subdivision. Evidence that a satisfactory agreement has been entered into for connection to the system shall be required prior to filing of the parcel or tract map. A determination by the county health department shall be made as to whether the discharge of waste from a proposed subdivision in an existing community sewer system would result in violation of requirements prescribed by the Central Coast Regional Water Quality Control Board pursuant to Division 7 of the California Water Code. In the event the proposed discharge would result in or add to violation of requirements of such board, the subdivision may be disapproved.
b.
Septic tanks, where a community sewer system is unavailable. In such cases, a letter shall be submitted from the county health department certifying that field investigation has shown that ground slopes and soil conditions will allow for satisfactory disposal by this method with the parcel arrangement and sizes as shown on the tentative parcel or tract map. Field investigations, borings, etc., under the guidelines established by the Central Coast Regional Water Quality Control Board Basin Plan, shall be made by and at the expense of the divider under supervision of the county health department.
(8)
Public Utilities. All public utilities, including cable television systems, shall be placed underground for all parcel maps and tract maps located within urban and village areas (as defined in the land use element of the county general plan). Utility improvement requirements shall be based on the ultimate density determined from the general plan. All underground utilities to be installed in street, alley or highway right-of-way shall be installed prior to the surfacing of such street, alley or highway and all utilities shall be shown on the improvement plans for the subdivision.
(9)
Additional Coastal Zone Requirements. All subdivisions located within the coastal zone, except for condominium conversions, shall satisfy the additional requirements of Section 23.04.021 and, where applicable, Sections 23.04.024 through 23.04.036, inclusive, of Title 23 of this code. In the event of any conflict between the provisions of Section 23.04.021 and those of Sections 23.04.024 through 23.04.036, the provisions of this section 23.04.021 shall prevail. These provisions include, but are not limited to, the following:
a.
Water and sewer capacities—Urban areas. In communities with limited water or sewage disposal service capacity as defined by Resource Management System alert Level II or III:
1.
Within an urban services line, new subdivisions shall not be approved unless the planning commission or subdivision review board first finds that sufficient water and sewage disposal capacities are available to accommodate both existing development and development that would be allowed on presently vacant parcels.
2.
A proposed subdivision between an urban services line and urban reserve line shall not be approved unless the planning commission or subdivision review board first finds that sufficient water and sewage disposal service capacities are available to accommodate both existing development within the urban services line and development that would be allowed on presently vacant parcels within the urban services line.
b.
Minimum parcel size between urban services and urban reserve lines. In communities with limited water or sewage disposal service capacity problems as defined by Resource Management System alert Level II or III, new subdivisions of land (except as provided for in subsection (9)d.) between an urban services line and urban reserve line are subject to the following requirements:
1.
New parcels shall be no smaller than the largest minimum parcel size established for the subject land use category by Sections 23.04.024 through 23.04.036, inclusive.
2.
A cluster subdivision may be permitted (under Section 23.04.036) provided that the overall density does not exceed the base density computed by using the largest parcel size required for the applicable land use category by Sections 23.04.024 et seq.
c.
Subdivisions requiring new service extensions. To minimize conflicts between agricultural and urban land uses, subdivisions requiring new community water or sewer service extensions beyond the urban services line shall not be approved.
d.
Conveyances of land by public agencies and other public entities. In making the determination of whether public policy necessitates the filing of a parcel map pursuant to Section 21.02.010(a)(9) of this title, the planning director at a minimum shall require a tentative parcel map. Such map shall not be approved unless it is found to be consistent with the county's local coastal program.
(10)
Subdivision Map Act Findings. The proposed subdivision is consistent with the general plan pursuant to Government Code Section 66473.5 and does not conflict with Government Code Sections 66474 or 66474.6.
(11)
California Environmental Quality Act Findings. When significant environmental effects of the subdivisions are identified, one or more of the applicable findings set forth in California Code of Regulations, Title 14, Section 15091, shall be made.
(Ord. 2636 §§ 23, 24, 1993: Ord. 2602 §§ 11—13, 1993; Ord. 2582 § 9, 1992; Ord. 2581 § 18, 1992: Ord. 2343 § 13, 1988; Ord. 2070 § 6, 1980; Ord. 1986 § 2 (part), 1979)
(Ord. No. 3288, § 1, 3-24-15)