Sec. 25-67. - Delegation.

Unless specified otherwise, where this article requires county approval of improvement agreements, extensions, security, or release of security, the board of supervisors hereby delegates to the county surveyor the authority to approve and execute the agreement, extension, security or release of security.

(Ord. No. 3288.)

Sec. 25-70. - Definition of lot line adjustment.

(a)

Lot line adjustment is a minor realignment of boundary lines between two (2) or more existing legal parcels, where the land taken from one (1) parcel is added to an adjacent parcel. For purposes of this definition, unless exempted by the planning director, a request shall be deemed minor only if all the following statements are true:

(1)

No parcel is completely relocated;

(2)

No parcel is reduced in size by more than thirty percent (30%) or enlarged by more than one hundred percent (100%);

(3)

No existing parcel is subject to merger or otherwise undevelopable; and

(4)

The adjustment is not subject to the California Environmental Quality Act, (CEQA) pursuant to Section 2570.2.

(b)

Applications for a lot line adjustment shall be processed in accordance with Section 25-70 et seq. of this chapter. Where the relocation of boundary lines is not "minor," the request shall be deemed a "parcel reconfiguration" and shall be processed in accordance with Section 25-11.5 of the Subdivision Ordinance.

(Ord. No. 4399 § 2, 1991.)

Sec. 25-70.2. - Environmental review of boundary relocations.

The relocation of parcel boundaries shall be subject to the California Environmental Quality Act (C.E.Q.A.) if any of the following is true:

(a)

The adjustment has possible impacts, or increases the potential for impacts on a sensitive or protected environment, or an area of hazardous or critical concern; or

(b)

The adjustment request involves five (5) or more parcels, or parcels which have been lot line adjusted in the previous two (2) years, and could result in cumulative or significant adverse impacts, to include, but not limited to, growth inducing effects, effects which change the pattern of land use, population density or natural systems.

(Ord. No. 4399 § 3, 1991.)

Sec. 25-70.3. - Lot line adjustment application requirements.

Applications for lot line adjustments, as defined by Section 25-2, shall include the following information:

(a)

An accurate eight and one-half inch (8½″) by eleven inch (11″) site plan which depicts for each parcel included the location of existing and proposed boundary lines, parcel sizes, dwellings, structures, sewer lines, utilities, roads, easements, sewage systems, wells and other water supplies, and drainage. The site plan shall be prepared by a licensed land surveyor or a registered civil engineer;

(b)

A title report or other disclosure setting forth the names and recorded document numbers of all owners and holders of beneficial interests in the parcels to be adjusted;

(c)

A completed application form and indemnification agreement;

(d)

Current ownership deeds and, if necessary, proof of existing legal parcel status;

(e)

A current assessors parcel map and a location map;

(f)

A processing fee as prescribed by ordinance of the board of supervisors. In addition to the processing fees prescribed in Ordinance 4057[[6]] , lot line adjustment requests involving more than two (2) parcels shall be charged a supplemental application fee for each additional parcel. Application fees may be adjusted by the board of supervisors;

(g)

A proposal statement describing the purpose of the lot line adjustment. The proposal statement should also indicate the desired final parcel sizes and include a request to voluntarily merge any and all parcels and parcel fragments underlying the final parcel configuration;

(h)

Where an adjustment is proposed between parcels in different land use or zoning districts, a concurrent application for a zone change, general plan, and/or specific plan amendment shall be submitted as necessary to ensure district boundaries coincide with the resultant property lines. This requirement may be waived, if the planning department finds that the proposed changes are insignificant;

(i)

Other information as deemed necessary to verify the developability of an existing parcel or adequately review the proposal. (Amended during 12-92 supplement; Ord. No. 4399 §§ 5, 6, 1991.)

Footnotes:

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or later enacted ordinance.

Sec. 25-70.4. - Processing lot line adjustments.

(a)

Lot line adjustments shall be processed in accordance with the following provisions:

(1)

Upon determining the application to be complete, the planning department shall refer the application to county departments, area agencies, and other interested parties for comments and recommendations. All referral responses shall be directed to the planning department within fourteen (14) days;

(2)

Upon completion of the referral period, the planning department shall review the lot line adjustment proposal for conformance with the approval criteria set forth in Section 25-70.5 and shall administratively approve, deny or conditionally approve the request;

(3)

In lieu of the above procedures, if a hearing is requested or any significant issues or protests are raised during the referral period, the planning department may refer such request to zoning administrator for determination. The zoning administrator shall have the authority to approve, deny or conditionally approve lot line adjustments after conducting a duly noticed public hearing;

(4)

The final decision shall be mailed to the applicants, and those who submitted comments during the referral period. Decisions may be appealed within ten (10) calendar days pursuant to Section 25-13.5.

(Ord. No. 4399 § 6, 1991.)

(Ord. No. 6523, § VII(Exh. D), 6-3-2025)

Sec. 25-70.5. - Lot line adjustment approval criteria.

(a)

Decisions on lot line adjustments shall be based on a determination of whether or not the resulting parcels, as conditioned, will conform with local zoning and building ordinances. For purposes of this section, "zoning and building ordinances" shall include all county codes, ordinances, and general plan policies which relate to the development of real property or the construction of improvements thereon excepting those improvements, exactions and dedications required of subdivision requests.

(b)

The resultant parcels shall be reviewed to assess the following:

(1)

The resultant parcels comply with the lot sizes, setbacks, and other development criteria of the zoning ordinance and general plan;

(2)

The resultant parcels will have suitable building sites outside of geologic or flood hazard areas, and sensitive "open space" areas;

(3)

The resultant parcels will have legal access to a public road or right-of-way;

(4)

The resultant parcels will have adequate potential for suitable water supply and sewage disposal; and

(5)

The lot design achieves an acceptable and justifiable configuration which fosters sound land use patterns.

(c)

Notwithstanding the above, where existing parcels do not conform with county standards, a lot line

adjustment may be approved if it increases the overall conformity of the parcels with the above criteria. The decision-making body will have the discretion to deny such requests, or condition approvals to achieve a greater degree of conformity.

(d)

Where the development of an existing parcel is not feasible because of physical constraints arising from size, shape, soil, geologic conditions, water availability or inaccessibility, and such parcel is proposed to become developable through the lot line adjustment process, the county may deny such requests or require the resultant parcels to comply with the minimum lot size and density of the zoning district.

(e)

For 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, legal, social and technological factors. Where an existing parcel would qualify as developable except for lack of one (1) of the following: suitable septic and leachfield site, adequate water supply, or legal access, such parcel shall be considered developable if the shortcoming can be remedied by a recorded easement over an adjacent parcel. Where the developability of an existing parcel is disputed, the burden of proof shall lie with the applicant.

(f)

An adjustment shall not be approved if it increases the overall subdivision potential between adjacent parcels beyond that previously allowed by the density unless such approval is conditioned to require a rezoning to a "B7" or other restrictive zoning.

(g)

Adjustments which involve a parcel within the Williamson Act, may be approved only if the resultant parcels will comply with the county's agricultural preserve guidelines.

(h)

Adjustments which involve sections of railroad right-of-ways may be approved only if: 1) the section of right-of-way is combined with an adjacent legal lot, and 2) the adjustment is consistent with this chapter and the general plan policies regarding railroad right-of-ways.

(Ord. No. 4399 § 6, 1991.)

Sec. 25-70.6. - Authority to condition lot line adjustments.

(a)

The county may only impose conditions of approval to ensure that the adjustment conforms to local zoning and building ordinances, or to facilitate the relocation of existing structures, utilities, infrastructure, sewage systems, water systems, drainage systems or easements. Conditions to be imposed must relate to impacts that are created or made more likely by the lot line adjustment. When requiring conditions of approval, the hearing body shall make such conditions proportionate to the level of impacts or development resultant from the lot line adjustment.

(b)

If a condition or provision cannot be required by the above authority, the hearing body may deny the request; optionally, the applicant may voluntarily include such mitigations or provisions in the project

proposal. The hearing body may condition an adjustment as necessary to ensure and secure compliance with any provision of the proposal statement. Conditions may also be attached which inform owners of county requirements related to land use or development.

(Ord. No. 4399 § 6, 1991.)

Sec. 25-70.7. - Completion of lot line adjustments.

(a)

Adjustments shall be finalized by complying with all the conditions of approval and recording a deed which conveys the adjusted lands to the new owner within twenty-four (24) months of the final approval date. Time extensions may be granted in the manner set forth in Section 25-23.

(b)

The deed shall reference the lot line adjustment being implemented. The recordation of deeds shall evidence the owner's express and implied intent to extinguish any and all underlying parcels or parcel fragments and to recognize the parcel configuration approved by the decision-making body. A certificate of compliance may be issued on any parcel which has resulted from a duly approved and recorded lot line adjustment.

(c)

An adjustment shall not be recorded until:

(1)

The assessor's office has been notified, by a combining agreement, of the pending changes in parcel configuration;

(2)

The tax collector's office indicates all taxes or assessments due on each parcel are paid or cleared;

(3)

The county surveyor approves all legal descriptions; and

(4)

The planning department ascertains all other conditions of approval are complied with and has stamped the deeds approved.

(d)

Where an adjustment involves a parcel encumbered by a deed of trust or other financing document, such documents shall be modified prior to or concurrently with the recording of the lot line adjustment so as to conform to the newly reconfigured parcel.

(e)

Where an adjustment necessitates a change in zoning district boundaries, such rezoning shall not be finalized until the adjustment is finalized.

(Ord. No. 4399 § 6, 1991.)

CHAPTER 31 - ON-SHORE FACILITIES SUPPORTING OFF-SHORE OIL AND GAS EXPLORATION AND DEVELOPMENT

Sec. 31.1. - Title.

"This chapter shall be known as the On-Shore Oil and Gas Facilities ordinance of Sonoma County."

(Ord. No. 3592R, 1986.)

Sec. 31.2. - Findings.

It is hereby found and determined as follows:

(a)

The Federal Government has proposed to open up virtually the entire California coastline to off-shore oil and gas exploration and development, including the coastline off Sonoma County.

(b)

Coastal areas off Sonoma County have been determined to be high priority areas for off-shore oil and gas exploration and development by various multi-national oil companies.

(c)

Off-shore oil and gas development off the coast of Sonoma County would have the following significant effects upon the County:

1.

If off-shore oil and gas development occurs off the Sonoma County coast, significant new air pollution is inevitable. One drill ship produces approximately the same amount of air pollution as 23,000 cars driving 50 miles per day. Despite this fact, the Federal Government does not presently require that off-shore oil and gas developments comply with state and local air pollution rules.

2.

Off-shore oil and gas development would expose the coast to the danger of massive oil spills from an oil well blowout or a tanker accident. Even if a major accident never occurs, routine small oil releases are inevitable if off-shore oil and gas development is permitted. Such releases of oil would degrade the sensitive marine environment, put oil on the beaches and expose both marine mammals and sea birds to great danger.

Off-shore oil and gas development off the Sonoma County coast would inevitably result in the discharge of large volumes of highly toxic drilling muds into the ocean floor. These toxic materials would degrade the sensitive marine environment, put all forms of marine life at greater risk, and pose a threat to human beings who may later eat fish contaminated with accumulated toxic material.

4.

Off-shore oil and gas development off the Sonoma County coast would put the existing local economy in jeopardy, because: (i) Such development would significantly and substantially interfere with the operation of the local fishing industry. (ii) Such development would detract from the experience of visitors to the Sonoma County coast and, particularly if a massive oil spill occurs, place the Sonoma County tourism industry in danger. The Sonoma County tourism industry is a major component of the Sonoma County economy which has, in recent years, become even more important. A large number of businesses directly and indirectly catering to visitors to the County are dependent upon tourist dollars for their economic well being. (iii) The recreational use of local port facilities could be usurped by oil industry boats.

5.

Noisy helicopter traffic could become a significant irritant to County residents.

6.

The massive fresh water supply needed for off-shore oil and gas development might require that water be diverted from existing agricultural, residential and business users, or that costly and environmentally damaging dam and water projects be constructed. The majority of the coastal area of Sonoma County is characterized as a Class IV water scarce area by County water availability maps. The water problem is most acute in the County's largest harbor, Bodega Bay, where a building moratorium is currently in place because of the lack of water.

7.

Coastal agriculture and other lands would be needed for oil processing, treatment and transportation facilities, or for supply bases for off-shore oil and gas development, potentially transforming open agricultural and timber lands along the coast into the industrial staging area for oil and gas developments off-shore.

8.

The coastal zone is subject to earthquake hazards. The San Andreas Fault runs parallel to the coast coming inland at Bodega Harbor and Fort Ross. Geologic and historic records indicate that earthquakes have and will occur on this portion of the fault. An earthquake could be accompanied by surface rupture, ground shaking and ground failure. The location of oil and gas support facilities in this geologically unstable area could well result in an environmental disaster.

9.

The coastal area is served by State Highway One from Valley Ford to Gualala. Highway One is a two-lane twisting and curving road which is totally unsuitable for the intensity and type of vehicular and truck traffic

that would be generated by heavy oil and gas industrial uses. Moreover, the Coastal Plan indicates that traffic congestion is already a problem occurring in Bodega Bay where minor road improvements will not be adequate to relieve the critical capacity deficiencies.

10.

The vast majority of the 55 mile coastline is made up of bluffs, coves and promontories which are not suitable for siting oil and gas support facilities. The County's major port, Bodega Bay, has site problems which are set forth in more detail elsewhere herein.

(d)

The County of Sonoma produces its fair share of regional energy needs. The Sonoma County Geothermal Resources Management Plan indicates that the development in Sonoma County at the Geysers is the largest producing geothermal field in the world producing approximately 1500 megawatts of electricity annually. This amount of electricity is enough to serve 1.5 million people, far in excess of the current County population of approximately 350,000.

Pacific Gas and Electric estimates that by 1988 the electricity generated at the Geysers will constitute about ten percent (10%) of PG&E's total generating capacity. Both PG&E and Union Oil estimate that by 1990 the Geysers will be producing enough electricity to serve a city of more than 2 million people; by the year 2000, industry officials estimate that the current electrical output can be doubled.

ic Gas and Electric estimates that by 1988 the electricity generated at the Geysers will constitute about ten percent (10%) of PG&E's total generating capacity. Both PG&E and Union Oil estimate that by 1990 the Geysers will be producing enough electricity to serve a city of more than 2 million people; by the year 2000, industry officials estimate that the current electrical output can be doubled.

Sonoma County is already an exporter of energy and thus has met and will continue to meet its burden to contribute to the production of area-wide, state and national energy needs. Because of the existing level of this contribution and the fact that the field life of geothermal plants is from 30 to SO years, the development of the Sonoma County coast for oil and gas production should not be accomplished in the name of regional, state or national energy needs.

(e)

Rather than consuming off-shore oil and gas resources now, our nation should conserve these resources, since they are non-renewable. Moreover, the accelerated production and expenditure of hydrocarbon fuels aggravates the global warming trend, a trend which may have long-term adverse impacts on the County as a whole and, in particular, on coastal communities which could be subject to inundation if global oceans continue to rise as a result of polar icecap melting. Our nation should develop a national energy strategy based on energy conservation emphasizing the increasing use of renewable energy sources such as geothermal production and reinjection. Instead, the federal government has presently reduced or eliminated efforts to increase energy conservation and to develop renewable energy sources, at the same time that it is attempting to increase the development of nonrenewable energy sources like off-shore oil and gas. The citizens of Sonoma County are willing and able to do their part in conserving energy and in developing a society less dependent on non-renewable fossil fuel resources.

(f)

The citizens of Sonoma County have no way to control off-shore oil and gas exploration or development, since such development occurs off shore under the jurisdiction of the federal government. The citizens of Sonoma County do, however, have the ability to make decisions about the propriety of amending the

County's Certified Local Coastal Program for the purpose of developing on-shore facilities which support off-shore oil and gas exploration. Due to the dramatic impacts on such on-shore developments on the character, economy and environment of Sonoma County it is crucial that the people of Sonoma County reserve to themselves, to the maximum degree possible, the authority to approve the nature, extent and location of such development. When balanced against the dramatic impacts of such development, the referendum process is reasonably calculated to address local concerns while not unduly interfering with federal and state energy objectives. This is especially true in light of the local override procedure set forth in section 30515 of the Coastal Act.

Sec. 31-3. - Voter Approval for On-shore Facilities.

(a)

When any person proposes to undertake the development within Sonoma County of any on-shore energy facility relating to the exploration or development of off-shore oil or gas resources and requests an amendment of the County's Certified Local Coastal Program to facilitate such development, a determination by the Board of Supervisors pursuant to Public Resources Code section 30515 that the proposed amendment is in conformity with the policies of the Coastal Act and that the Certified Local Coastal Program should be amended to incorporate such development shall not be effective unless a majority of the electors of Sonoma County in a general or special election, approve the proposed amendment. The decision on whether to call a special election or a general election shall be in the discretion of the Board of Supervisors.

(b)

The Board of Supervisors of Sonoma County is hereby authorized and directed to enact any further ordinances or regulations necessary to give effect to this section and specifically may require that the person seeking any such amendment to the County's Certified Local Coastal Program pay, to the extent permitted by law, all costs associated with the special or general election required herein.

(c)

The referendum provided for by this section is intended to extend only to those legislative acts which may be validly exercised by the Sonoma County Board of Supervisors in connection with the amendment of the County's Certified Local Coastal Program to provide for the development of on-shore facilities to support off-shore oil and gas exploration and development. Neither this chapter nor this section is intended, and shall not be construed, to apply to any activity or program which is regulated by federal or state law, to the extent that such application of this section or chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory activities. It is the intention of the Board of Supervisors and the people of the County of Sonoma that this ordinance shall be interpreted to be compatible with federal and state enactments, and in furtherance of the public purposes which those enactments express.

Sec. 31-4. - Cooperation with Other Jurisdictions.

The Board of Supervisors is authorized to cooperate with other California coastal cities and counties for the purpose of discouraging. to the extent permitted by law, oil and gas drilling off the coast of Northern

California.