Article I — General

The Board of Supervisors or Planning Commission shall disapprove a tentative map or a final subdivision map or parcel map for failure to meet or perform any of the requirements or conditions imposed by this chapter and the Subdivision Map Act; provided, that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the timer of approval of the tentative map; and provided further, that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The Board of Supervisors or Planning Commission may waive any technical and inadvertent error upon finding that such error does not materially affect the validity of the map.

(Ord. 2093, 1975; Ord. 2443, 1977; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 4243 § 11, 1993)

• (A) Compliance with General Plan. The Board of Supervisors or Planning Commission shall not approve a tentative map unless it is found that the proposed subdivision, together with the provisions of its design and improvements, is consistent with the General Plan required by Article 5 of Chapter 3 of Division 1 of the California Government Code (commencing with Section 65300), or any specific plan adopted pursuant to Article 8 of Chapter 3 of Division 1 of the California Government Code (commencing with Section 65450).

• (B) Consistency with Area Plan. A proposed subdivision shall be considered with the General Plan or a Specific Area Plan where the County has officially adopted such a plan, and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan.

• (C) Compliance with Zoning. All subdivisions shall comply with Chapter 13.10 SCCC with respect to uses of land, lot sizes and dimensions and other applicable regulations. Except where this chapter or conditions of approval of a tentative map impose higher standards, the requirements of this chapter or such conditions shall prevail.

• (Ord. 2093, 1975; Ord. 2213, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 3228 § 5, 1982; Ord. 4243 § 12, 1993)

The Board of Supervisors or Planning Commission shall deny approval of a tentative map if it makes any of the following findings:

• (A) That the proposed map is not consistent with applicable general and specific plans.

• (B) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

• (C) That the site is not physically suitable for the type of development.

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County of Santa Cruz, CA

SANTA CRUZ COUNTY CODE

14.01.403

14.01.407

• (D) That the site is not physically suitable for the proposed density of development.

• (E) That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

• (F) That the design of the subdivision or the type of improvements is likely to cause serious public health or safety problems.

• (G) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. In this connection, the Board of Supervisors or Planning Commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the Board of Supervisors or the Planning Commission to determine that the public at large has acquired easements for access through, or use of property within, the proposed subdivision.

(Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 3228 § 6, 1982; Ord. 4243 § 13, 1993)

The Board of Supervisors shall not deny approval of a final subdivision map for any of the reasons set forth in SCCC § 14.01.403 if a tentative map for the proposed subdivision was previously approved and if it is found that the map, as presented, is in substantial compliance with the previously approved tentative map.

(Ord. 2093, 1975; Ord. 2443, 1977)

The Board of Supervisors shall not deny approval of a parcel map for any of the reasons set forth in SCCC § 14.01.403 if a tentative map for the proposed subdivision was previously approved and it is found that the map, as presented, is in substantial compliance with the previously approved tentative map.

(Ord. 2093, 1975; Ord. 2443, 1977)

The Board of Supervisors shall not approve a final map for any land project, as defined in Section 11000.5 of the Business and Professions Code, unless:

• (A) The County has adopted a specific plan covering the area proposed to be included within the land project.

• (B) The County finds that the proposed land project, together with the provisions for its design and improvement, is consistent with specific plan for the area.

• This section shall apply to land projects for which tentative maps were approved on or after November 10, 1969.

• (Ord. 2093, 1975)

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County of Santa Cruz, CA

SUBDIVISION REGULATIONS

14.01.407

14.01.407.2

The Board of Supervisors or Planning Commission shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Board pursuant to Division 7 (commencing with Section 13000) or any successor provisions of the Water Code. In the event that the Board of Supervisors or Planning Commission finds that the proposed waste discharge would result in or add to violations of requirements of such regional water quality board, the tentative map or maps of the subdivision shall be denied. (Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 3276 § 2, 1982; Ord. 4243 § 14, 1993; Ord. 4496-C § 73, 1998)

• (A) The design of any subdivision for which a tentative map is required shall provide, to the maximum extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

• (B) Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of structures to maximize solar gains such as through the use of east-west lot alignments emphasizing southern exposure.

• (C) Examples of passive or natural cooling opportunities in subdivision design include such methods as design of lot size and configuration to permit orientations of structures to maximize possible cooling through shading, prevailing breeze, and northern exposures for ventilation.

• (D) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements.

• (E) The requirements of this section do not apply to condominium projects which consist of the subdivision of air space in an existing building when no new structures are added.

• (F) For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

• (G) Where neither lot size, lot configuration, or applicable zoning is sufficient to reasonably protect solar access to parcels in a new subdivision, the Planning Commission or Board of Supervisors may require the preparation and dedication of solar access easements or restrictive covenants.

• (H) The burdens and benefits of the solar easement shall be transferable and run with the land to subsequent grantees of the grantor(s) and of the grantee(s). All solar easements must include, at a minimum, all of the following:

  • (1) A description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device, or structural design feature may not be obstructed, or a combination of these descriptions.

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County of Santa Cruz, CA

SANTA CRUZ COUNTY CODE

14.01.407.2

14.01.407.5

• (2) The restrictions placed upon vegetation, structures, and other objects which would impair or obstruct the passage of sunlight through the easement.

• (3) The terms or conditions, if any, under which the easement may be revised or terminated.

• (Ord. 3276 § 3, 1982; Ord. 3469 § 6, 1983; Ord. 4243 § 15, 1993)

When a parcel adjacent to agricultural land, as designated on the agricultural resources map established under SCCC § 16.50.040, is to be subdivided, the following statement shall, as a condition of approval, be included on the final map or parcel map, and in each parcel deed for the subdivision:

This subdivision is adjacent to property utilized for agricultural purposes, and residents of the subdivision may be subject to inconvenience or discomfort arising from the use of agricultural chemicals, including herbicides, pesticides, and fertilizers; and from the pursuit of agricultural operations, including plowing, spraying, pruning and harvesting which occasionally generate dust, smoke, noise and odor. Santa Cruz County has established agriculture as a priority use on productive agricultural lands, and residents of adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary farm operations.

(Any deed conveying parcels or lots within this subdivision shall contain a statement substantially in the form stated above.)

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County of Santa Cruz, CA

SUBDIVISION REGULATIONS

14.01.408

14.01.414

Article II Dedications

A tentative map condition may require a subdivider to dedicate or irrevocably offer to dedicate real property within the subdivision for streets, alleys, bikeways, pedestrian paths, including access rights and abutter's rights, drainage, public utility easements and other public easements. Such irrevocable offers may be terminated as provided in SCCC § 14.01.415 and § 14.01.416. (Ord. 2093, 1975; Ord. 2342, 1976)

A subdivider may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths and pedestrian paths for the use and safety of the residents of the subdivision.

(Ord. 2093, 1975; Ord. 2342, 1976)

Dedication of streets may include a waiver of direct access rights to any such street from any property shown on a final or parcel map as abutting thereon, and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions. (Ord. 2093, 1975)

The Board of Supervisors, Planning Commission or Planning Director may require the dedication of land or the payment of fees in lieu thereof, pursuant to SCCC § 15.01.050, for park or recreational purposes as a condition to the approval of a final map or parcel map. (Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2673, 1979; Ord. 4243 § 16, 1993; Ord. 5372 § 7, 2021)

At the time the final map is approved, the Board of Supervisors shall also accept, accept subject to improvements, or reject any offer of dedication. At the time the parcel map is approved, the County Surveyor shall accept, accept subject to improvements, or reject any offer of dedication. (Ord. 2093, 1975; Ord. 3670 § 1, 1985)

If at the time the final map or parcel map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer of dedication shall remain open and the Board of Supervisors may, by resolution at any later date, and without further action by the subdivider, rescind its action or an action of the County Surveyor and accept and open the streets, paths, alleys, or storm drainage easements for public use, which acceptance shall be recorded in the Office of the Recorder.

(Ord. 2093, 1975)

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County of Santa Cruz, CA 14.01.414

SANTA CRUZ COUNTY CODE

14.01.419

In the case of any subdivision fronting upon the ocean coastline or bay shoreline, the offer of dedication of public access route or routes from public access route or routes from public highways to land below the ordinary high water mark must be accepted within three years after the approval of the final map or parcel map; in the case of any subdivision fronting upon any access route or routes from public highways to the bank of the waterway, river or stream and the public easement along a portion of the bank of the waterway, river or stream must be accepted within three years after the approval of the final map or parcel map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency including the State, the offer of dedication of public route or routes from public highways to any water of such lake or reservoir must be accepted within five years after the approval of the final map or parcel map; all other offers of dedication may be accepted at any time. (Ord. 2093, 1975)

Offers of dedication which are covered by SCCC § 14.01.413 may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of, or by Chapter 2 (commencing with Section 940) of Division 2, of the Streets and Highways Code, whichever is applicable. (Ord. 2093, 1975; Ord. 2443, 1977)

Offers of dedication which are not accepted within the time limits specified in SCCC § 14.01.414 shall be deemed abandoned.

(Ord. 2093, 1975)

Except as provided in SCCC § 14.01.348, § 14.01.349 and § 14.01.350, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the Board of Supervisors in case of a final map or the County Surveyor in case of a parcel map. (Ord. 2093, 1975)

Acceptance of offers of dedication on a final map or a parcel map shall not be effective until either the final map is recorded in the Office of the Recorder or a resolution of acceptance by the Board of Supervisors is recorded in such office. (Ord. 2093, 1975; Ord. 2213, 1975)

• (A) Any subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school shall dedicate to the school district, or districts, within which such subdivisions are to be located, such lands as the Board of Supervisors shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate

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County of Santa Cruz, CA

SUBDIVISION REGULATIONS

14.01.419

14.01.419

public school service. In no case shall the Board of Supervisors require the dedication of an amount of land which would make development of the remaining land held by the subdivider economically infeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

• (B) This requirement shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative maps in accordance with this chapter. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30 days after the requirement of dedication is imposed by the County, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision. The school district shall, in the event that it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

  • (1) The cost of any improvements to the dedicated land since acquisitioned by the subdivider.

  • (2) The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication.

  • (3) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

• (C) If the land is not used by the school district as a school site, within 10 years after dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor.

• (D) The school district to which the property is dedicated shall record a certificate with the Recorder. The certificate shall contain the following information:

  • (1) The name and address of the subdivider dedicating the property.

  • (2) A legal description of the real property dedicated.

  • (3) A statement that the subdivider dedicating the property has an option to repurchase the property if it is not used by the school district as a school site within 10 years after dedication.

• (4) Proof of the acceptance of the dedication by the school district and the date of acceptance. The certificate shall be recorded no more than 10 days after the date of acceptance of the dedication. The subdivider shall have the right to compel the school district to record such certificate, but until such certificate is recorded, any rights acquired by any third party dealing in good faith with the school district shall not be impaired or otherwise affected by the option right of the subdivider.

• (E) If any subdivider is aggrieved by, or fails to agree to the reasonableness of, any requirements imposed pursuant to this section, he may bring a special proceeding in the Superior Court pursuant to Section 66499.37 of the California Government Code.

• (Ord. 2093, 1975; Ord. 2213, 1975)

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County of Santa Cruz, CA

SUBDIVISION REGULATIONS

14.01.420

14.01.422