§ 22.22.020. Applicability.

The minimum parcel size criteria of this Chapter are used to evaluate proposed land divisions to determine what parcel size may be appropriate in the specific case. The discretionary authority to approve a proposed land division is assigned by the Real Property Division Ordinance (Title 21 of this code). A decision to approve or disapprove a land division will be substantially based on the provisions of this Chapter, however a parcel size larger than the minimum defined through the application of the tests provided in this Chapter may result from the consideration of information developed through analysis of the specific proposal, its site and vicinity, environmental review of the proposal as required by the California Environmental Quality Act (CEQA), public hearing testimony and any potential specific, adverse impacts.

A.

When used. The standards of this Chapter shall be used to determine the allowable area for new lots, and to determine the conformity or nonconformity of the size of existing lots with the provisions of this Title, except as follows:

1.

Where planning area standards (Article 9) set minimum parcel size requirements for specific areas of the county, the planning area standards control instead of the provisions of Sections 22.22.040 through 22.22.130.

2.

The standards of Sections 22.22.040 through 22.22.130 do not determine the minimum site area required for a new use on an existing lot, unless specifically referred to elsewhere in this Title. Standards for the site design of new uses not involving land divisions begin with Section 22.22.110 (Minimum Site Area).

B.

Area measured. For the purpose of determining whether existing or proposed parcels satisfy the standards of this Chapter for the minimum parcel size, net site area (as defined in Article 8 as "Site Area, Net") shall be used in all cases, except that:

1.

Lots one acre or larger after division may use gross site area (see the definition in Article 8) where existing or proposed abutting rights-of-way are owned in fee, and the difference between net and gross site area of the proposed parcel is less than 10 percent.

2.

A subdivision with lots that are proposed to provide any of the following features may include their area in the calculation of net site area for the adjacent lot:

a.

10 additional feet of dedication on each side of the street, improved with fixed-width parkways between curb and sidewalk, or meandering sidewalks that vary the parkway separation between the curb and the sidewalk, where in either case the parkway is landscaped with one or more street tree for each 50 feet of frontage, and turf or low maintenance plants; and

b.

Equestrian trails.

3.

Within a domestic reservoir watershed, no land within a horizontal distance of 200 feet from the reservoir impoundment, as determined by the spillway elevation, shall qualify for computing parcel size or for the siting of septic systems.

Figure 22-1: Gross and Net Parcel Area

C.

Parcel size within domestic reservoir watersheds. The minimum size for new parcels within a domestic reservoir watershed shall be 2.5 acres, except where:

1.

Sections 22.22.040 through 22.22.130 would require a larger parcel size; or

2.

A proposed parcel is located within a cluster division in compliance with Section 22.22.140 with a maximum density of 2.5 acres or more per dwelling unit; or

3.

A proposed parcel will be served by an approved community sewage collection, treatment and disposal system.

D.

Transfer of Development Credit Program. Where parcels proposed for division are located outside of urban or village reserve areas, the provisions of Section 22.24.070. B.2. apply, in addition to the requirements set forth in Chapter 22.22.

E.

Workforce housing subdivisions. The minimum parcel size for workforce housing subdivisions is determined by Section 22.30.477 (Residential - Workforce Housing Subdivisions).

[Amended 1981, Ord. 2063; 1984, Ord. 2163; 1985, Ord. 2217; 1992, Ord. 2553; 1999, Ord. 2880; 2011, Ord. 3212; 2012, Ord. 3233] [22.22.021]