§ 23.04.021. Parcel Size Standards.

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 of Sections 23.04.024 through 23.04.036 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, public hearing testimony and any potential specific, adverse impacts.

a.

When used. The standards of Sections 23.04.022 through 23.04.036 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 ordinance, except as provided by subsection c and as follows:

(1)

Where planning area standards of the Land Use Element set minimum parcel size requirements for specific areas of the county, the planning area standards control instead of the provisions of Sections 23.04.022 through 23.04.036.

(2)

The standards of Sections 23.04.022 through 23.04.036 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 23.04.040 (Minimum Site Area) of this Chapter.

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 Chapter 23.11 as "Site Area, Net") is to be used in all cases, except that:

(1)

Lots one acre or larger after division may use gross site area (see Chapter 23.11) 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.

Gross Site Area and Net Site Area

Detached Sidewalk - Net Site Area

(2)

Lots where 10 additional feet on each side of the street is dedicated in order to incorporate detached sidewalks with fixed width parkways between the curb and sidewalk, or meandering sidewalks which vary the separation between the curb and sidewalk, where the parkway between the curb and sidewalk is landscaped and includes one or more street tree per 50 feet of frontage and turf or low maintenance plants, may include that 10 feet in the calculation of net site area. Equestrian trail facilities may also be included in the calculation of net site area.

(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.

c.

Overriding land division requirements. All applications for land division within the Coastal Zone (except condominium conversion) shall satisfy the following requirements, as applicable, in addition to all applicable provisions of Sections 23.04.024 through 23.04.036. In the event of any conflict between the provisions of this section and those of Sections 23.04.024 through 23.04.036, this section shall prevail.

(1)

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:

(i)

Within an urban services line, new land divisions shall not be approved unless the approval body 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.

(ii)

A proposed land division between an urban services line and urban reserve line shall not be approved unless the approval body 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.

(2)

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 divisions of land (except divisions proposed by public agencies) between an urban services line and urban reserve line are subject to the following requirements:

(i)

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.

(ii)

A cluster subdivision may be permitted (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.

(3)

Land divisions requiring new service extensions. To minimize conflicts between agricultural and urban land uses, land divisions requiring new community water or sewer service extensions beyond the urban services line shall not be approved.

(4)

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 21.48.015(9) of this code, the Planning Director at a minimum shall require a Tentative Parcel Map. Such map shall not be approved by the county unless found consistent with the Local Coastal Program.

(5)

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

(i)

Sections 23.04.024 through 23.04.033 would require a larger parcel size; or

(ii)

A proposed parcel is to be located within a cluster division pursuant to Section 23.04.036 with a maximum density of 2.5 acres or more per dwelling unit; or

(iii)

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

(6)

Highly-visible sites. New land divisions where the only feasible building site would be on slope or ridgetop where a building would be silhouetted against the skyline as viewed from a public road shall be prohibited as required by Visual and Scenic Resources Policy 4 of the Local Coastal Plan.

(7)

Location of access roads and building sites. Proposed access roads and building sites shall be shown on tentative maps and shall be located on slopes less than 20 percent.

[Amended 1995, Ord. 2715; 2004, Ord. 3001]