Mendocino County Municipal Code Ch. 20.524 Coastal Land Division Regulations

The land division regulations contained in this Chapter shall be carried out in combination with the other requirements of this Division.

(Ord. No. 3785 (part), adopted 1991)

(A) Applicability. This section shall apply to lands located in the County's coastal zone outside of the urban/rural boundaries as designated on the land use/zoning maps.

(B) Required Conditions for Approval of Rural land Divisions. Land division in rural areas may be permitted only if all of the following conditions are satisfied:

(1) At least fifty (50) percent of the existing usable parcels within the market area, as defined in Subsection (C) of this section, have been developed. Usable parcels shall be those parcels that can be physically developed under applicable land use regulations.

(a) The new parcels to be created shall be no smaller than the minimum parcel sizes designated on the land use maps unless provided for under other applicable provisions of this Division which may include Clustering, Chapter 20.412, Planned Unit Development, Chapter 20.428 and General Provisions, Chapter 20.444.

(b) A community sewage disposal system with available capacity exists and is obligated to provide service, or a satisfactory site for an individual sewage system with one hundred (100) percent back-up area for an alternative leach field exists.

(c) Proof is provided that adequate water and sewage service is available and an adequate water supply exists during dry months to accommodate proposed parcels without adversely affecting the groundwater table of contiguous or surrounding areas. For proof of water definition, see Section 20.308.095.

(d) Groundwater shall be developed in a manner that is consistent with the Mendocino County Groundwater Development Guidelines.

(e) New parcels shall not adversely affect the long-term productivity of adjacent agricultural lands. New parcels created adjacent to agriculturally designated lands shall conform to the requirements for buffer areas pursuant to Chapter 20.508.

(f) New parcels shall not adversely affect the long-term productivity of adjacent commercial timberlands. New parcels created adjacent to parcels designated as FL or TP shall conform to the requirements for buffer areas pursuant, to Chapter 20.510.

(g) The division will not have significant adverse effects, either individually or cumulatively, on environmentally sensitive habitat areas or on other coastal resources.

(h) The new parcels proposed to be created on soil characterized by pygmy vegetation shall be limited to a minimum parcel size of two (2) or five (5) acres consistent with the Mendocino County Division of Environmental Health Land Division Requirements, as revised.

(i) New parcels proposed to be created entirely within areas of pygmy vegetation shall be zoned with the Planned Unit Development Combining District (:PD) in conformance with Chapter 20.428 of this Division. Parcels containing rare and endangered species shall also comply with Chapter 20.496 of this Division.

(j) Development on parcels which contain pygmy vegetation shall be located in the least environmentally damaging locations and shall minimize the removal of native vegetation and alteration of natural land 'forms pursuant to Chapter 20.496.

(k) Other required public services including but not limited to solid waste and roadway capacity are available or can be made adequate to serve the proposed parcels without significant damage to coastal resources or interfere with public access.

(l) Development proposed for the area is consistent with all other requirements of this Division and all applicable policies of the Coastal Element.

(m) Identified coastal resources within the proposed area to be divided are protected from significant adverse environmental impacts.

(C) Determination of Surrounding Development.

The following steps shall be taken to determine whether or not fifty (50) percent or more of the market area, outside rural/urban boundaries, is developed.

(1) Determine the market area as identified below:

(a) Market Area 1. All of that area within the coastal zone from the Humboldt County line to Ten Mile River excluding lands within the Coastal Rural Village Zoning District.

(b) Market Area 2. All of that area within the coastal zone from the Ten Mile River to the northern boundary of the City of Fort Bragg excluding lands within the Coastal Rural Village Zoning District.

(c) Market Area 3. All of that area within the Coastal Zone from the southern urban/rural boundary of the City of Fort Bragg to the Navarro River excluding lands within the Rural Village and Fishing Village land use classifications and within the town plan boundary of the Town of Mendocino.

(d) Market Area 4. All of that area within the Coastal Zone from the Navarro River south to Hearn Gulch and Iversen Road excluding Iversen Landing Subdivision, lands within the Rural Village land use classification and lands within the city limits of Point Arena.

(e) Market Area 5. All of that area within the Coastal Zone from Hearn Gulch and Iversen Road south to the Gualala River, including Iversen Landing Subdivision, and excluding those lands within the Rural Village land use classification.

(2) Determine the percent of usable parcels that have been developed within the applicable market area using the methodology delineated below. For purposes of analysis, "usable" shall mean parcels that can be developed using applicable land use regulations, and "developed" shall mean that a parcel has on it a habitable dwelling, or substantial commercial or industrial structure. If the percent of parcels developed is equal to or in excess of fifty (50) percent, then further parcelization may be allowed consistent with the land use maps and applicable policies of the Coastal Element and provisions of this Division.

Information on the percentage of parcels developed in each market area will be compiled as follows:

(a) Count all parcels in the Coastal Zone using County Assessor's records, including any recently recorded parcels and including any parcels bisected by the coastal zone boundary. All parcels under the same ownership with deeds recorded on the same day will be considered one parcel for purposes of this analysis.

(b) Parcels on the urban side of the urban-rural boundary line will be excluded from the total count as will State and Federal land, cemeteries, and public utility lands. Rural Village parcels will also be excluded as will any parcels within an incorporated area.

(c) Count the number of developed parcels by adding the number of issued coastal permits and building permits and by reviewing the Assessor rolls and counting the number of parcels developed with a dwelling or substantial commercial or industrial structure. A substantial structure is any commercial or industrial structure valued by the Assessor for at least five thousand dollars ($5,000) excluding agricultural outbuildings.

(Ord. No. 3785 (part), adopted 1991)

(A) Applicability. These regulations shall apply to all land designated AG or RL within the County of Mendocino's coastal zone.

(B) Required Standards for Approval of Agricultural Land Divisions. Agricultural lands designated AG or RL shall not be divided unless such division will be compatible with continued agricultural use of surrounding parcels, and one (1) or more of the following:

(1) The applicant demonstrates by an economic feasibility analysis that continued, renewed or potential agricultural use is not feasible. The contents of an economic feasibility analysis are described in Section 20.524.015(C)(3), below.

(2) Such division would preserve prime agricultural land; or

(3) Such division would concentrate development consistent with Section 30250 of the Coastal Act.

(C) Submittal of Master Land Division Plan. Before any division of prime agricultural land is granted tentative approval, the applicant shall file a master land division plan which shall contain at a minimum:

(1) A depiction of the ultimate parcelization of the property;

(2) A discussion of how the proposed division will affect continued, renewed, or potential agricultural use of the subject property and adjacent parcels;

(3) An economic feasibility evaluation prepared by a land use economist with expertise in the economics of agriculture which shall contain the following:

(a) An analysis of the gross revenue from the agricultural products grown in the area for the five (5) years immediately preceding the date of the filing of proposed conversion and/or division; and

(b) An analysis of the operational expenses beyond the control of the owner/operator associated with the production of the agricultural products grown in the area for five years immediately preceding the date of the filing of the proposed conversion and/or division.

(c) The economic feasibility analysis shall be reviewed for adequacy by the Department of Planning and Building Services and the County Agricultural Commissioner prior to a determination that the application is complete for processing. If the report is determined inadequate, the applicant shall submit the required information to the satisfaction of the Department of Planning and Building Services and County Agricultural Commissioner. The application will not be considered complete until the feasibility analysis is submitted and deemed acceptable.

(4) For purposes of this subsection "area" means a geographic area of sufficient size to provide an accurate evaluation of the economic feasibility of agricultural uses for those lands included in the Coastal Element.

(Ord. No. 3785 (part), adopted 1991)

(A) Applicability. These regulations shall apply to lands located in the County's coastal zone that he inside urban/rural boundaries designated on the land use/zoning maps.

(B) Required Conditions for Approval of Urban Land Divisions. Land divisions within urban/rural boundaries shall only be permitted if all of the following conditions are satisfied:

(1) The new parcels to be created shall be no smaller than the minimum parcel sizes designated on the land use maps unless provided for under other applicable provisions of this Division.

(2) A community sewage disposal system with available capacity exists and is obligated to provide service, or a satisfactory site for an individual sewage system with one hundred (100) percent back-up area for an alternative leach field exists.

(3) Proof is provided that adequate water and sewage service is available and an adequate water supply exists during dry months to accommodate proposed parcels without adversely affecting the groundwater table of contiguous or surrounding areas. For proof of water definition, see Section 20.308.095.

(4) Groundwater shall be developed in a manner that is consistent with the Mendocino County Groundwater Development Guidelines.

(5) New parcels shall not adversely affect the long-term productivity of adjacent agricultural lands. New parcels created adjacent to agriculturally designated lands shall conform to the requirements for buffer areas pursuant to Chapter 20.508.

(6) New parcels shall not adversely affect the long-term productivity of adjacent commercial timberlands. New parcels created adjacent to parcels designated as FL or TP shall conform to the requirements for buffer areas pursuant to Chapter 20.510.

(7) The division will not have significant adverse effects, either individually or cumulatively, on environmentally sensitive habitat areas or on other coastal resources.

(8) The new parcels proposed to be created on soil characterized by pygmy vegetation shall be limited to a minimum parcel size of two (2) or five (5) acres consistent with the Mendocino County Division of Environmental Health Land Division Requirements, as revised.

(9) New parcels proposed to be created entirely within areas of pygmy vegetation shall be zoned with the Planned Unit Development Combining District (:PD) in conformance with Section 20.496.045 of this Division.

(10) Development on new parcels which contain pygmy vegetation shall be located in the least environmentally damaging locations and shall minimize the removal of native vegetation and alteration of natural land forms.

(11) Other required public services including but not limited to solid waste and roadway capacity are available or can be made adequate to serve the proposed parcels without significant damage to coastal resources or interfere with public access.

(12) Development proposed for the area is consistent with all other requirements of this Division and all applicable policies of the Coastal Element.

(13) Identified coastal resources within the proposed area to be divided are protected from significant adverse environmental impacts.

(Ord. No. 3785 (part), adopted 1991)

Every division of land within the coastal zone shall be preceded by the filing of a tentative map pursuant to this Division.

(A) Submission of a Tentative Map for Subdivisions. A tentative map shall be accurately drawn to scale showing the property to be divided and shall be submitted to the County Planning and Building Services Department. The Planning and Building Services Department shall reject maps which contain inaccurate, insufficient or incomplete information. The department may require that the tentative map be drawn by a registered civil engineer or land surveyor.

(B) Examination of Tentative Map. A representative of the Planning and Building Services Department shall examine the tentative map submittal and determine its acceptability for processing pursuant to the requirements of this Division.

(C) Contents of Tentative Map Application. The tentative map shall be accompanied by a completed application on the form prepared by the Planning and Building Services Department and shall contain information required by this Division and the following:

(1) Provision for proposed water supply;

(2) Provision for sewage and sewage disposal;

(3) Public areas proposed;

(4) A copy of all restrictive covenants proposed;

(5) Provisions for protection of coastal resources;

(6) Provision for all other necessary public services, including necessary easements or deed descriptions of lands offered to the County to facilitate required right-of-way improvements;

(7) Provision for public access if proposed by applicant; and

(8) Any areas to be maintained as open space.

(D) Findings. In addition to those findings required by other applicable provisions including the State Map Act, the findings in Chapter 20.532 shall be made prior to approval of any division.

(E) A land division or boundary line adjustment shall not result in a parcel having more than one (1) zoning district designation, not including combining district designation(s), if such designation would adversely affect environmental resources or agricultural use of the property.

(Ord. No. 3785 (part), adopted 1991)