Article 3 — Chapter 17.25

SMALL-LOT SUBDIVISIONS

Sections:

17.25.010 Purpose. 17.25.020 Applicability. 17.25.030 Application Requirements. 17.25.040 Preliminary Application Review Meeting. 17.25.050 Formal Application Requirements. 17.25.060 Development Standards.

17.25.010 Purpose. This section establishes provisions for small-lot subdivisions to promote infill development, provide alternatives to large-lot single-family homes, provide more affordable housing stock, and implement the goals and policies of the County’s General Plan. Specific objectives of these provisions are to:

• A. Provide an incentive to create quality residential infill developments where existing conditions prevent the attainment of the allowed density of a property using the R-1 minimum lot.

• B. Enable more efficient utilization of R-1 parcels by allowing a range of lot sizes;

• C. Encourage the development of underutilized land in commercial zones where residential projects are permitted;

• D. Facilitate innovative development concepts that achieve greater consistency with the County’s General Plan;

• E. Promote housing stock affordable to a greater range of income levels;

• F. Affirmatively further fair housing by permitting more affordable housing options in higher resource neighborhoods;

• G. Increase home ownership opportunities; and

• H. Establish objective site and design standards for subdivisions that include lot sizes smaller than established lot sizes for residential development to ensure new residential development is compatible with existing neighborhoods.

A. Location. Small-lot subdivisions shall be allowed as an alternative to conventional subdivision design in the R-1, R-2, R-3, C-O, C-1, and MU zones. Small-lot subdivisions are subject to all the requirements of the State Subdivision Map Act and Tuolumne County Ordinance Code Title 16, in addition to the provisions set forth under this section. A Use Permit, Planned Unit Development (PUD) or other rezoning application is not required to use these provisions.

B. Optional Use. The use of small-lot subdivision provisions is optional. Persons wishing to subdivide and develop land may use these provisions or proceed under the otherwise applicable Zoning Ordinance requirements.

A. Preliminary Application. An applicant shall submit to the County a preliminary application prior to submitting a formal application for a small-lot subdivision project. The preliminary application shall include a conceptual development plan that identifies proposed building lots and sites, and a description of the maximum number of lots, roads, green space areas, and other features as

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applicable.

B. Objective Site and Design Standards. The conceptual development plan shall address all items listed in the County of Tuolumne Objective Site and Design Standards. Where appropriate, information may be provided in narrative form.

A. Once a preliminary application has been submitted, the applicant shall schedule a preliminary application review meeting with County staff and external stakeholders. The purpose of this meeting is to provide the following preliminary direction to the applicant:

1. Identify any potential inconsistencies between the proposed project and County ordinances and policies;

2. Identify site and design standards required for the formal project application;

3. Discuss the application review process;

4. Identify potential environmental impacts; and

5. Identify special studies that may be required to accompany the final application.

B. Any direction given to the applicant by County staff shall be preliminary and subject to further refinement or change as the proposed project progresses through the formal application process. Following the meeting, the Community Development Department shall communicate to the applicant the recommended direction, additional filing requirements for the formal application, and other determinations reached at the meeting.

Following completion of the preliminary application process, a formal subdivision application for a small-lot project shall be filed and reviewed in compliance with all applicable local ordinances and the State Subdivision Map Act requirements governing tentative subdivision, parcel map, and parcel map waiver application. Residential development applications submitted pursuant to this article shall be clearly identified as small-lot subdivisions on the Tentative Map.

Small-lot subdivisions shall adhere to the development standards for the zone applicable to the property, except as modified below:

• A. Objective Site and Design Standards. The adopted Objective Site and Design Standards at the time of application are the applicable standards for a small-lot subdivision project.

• B. Density. Residential density shall be determined by the zoning designation for the parcel. Maximum residential density for proposed projects shall be:

Additional residential density may be possible through a density bonus for the provision of affordable housing in accordance with the California Government Code.

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• C. Lot Size. The minimum lot size in a small-lot subdivision is determined by the size of the dwelling unit, site conditions, and any applicable setback or easement requirements.

• D. Building Setbacks and Parcel Dimension Requirements. Building setbacks are determined by California Building Code, Tuolumne County Ordinance Code Title 15, and Tuolumne County Ordinance Code Title 16. Small-lot subdivisions may apply the minimum setback distance that complies with all applicable state and local ordinances, including but not limited to minimum fire separation distance standards. Parcel dimension requirements are subject to Tuolumne County Ordinance Code Chapter 16.26.190, with the exception of the minimum lot size requirement of 16.26.190A.

• E. Fire Prevention. All site development shall be consistent with the County Fire Code requirements and Public Resources Code Section 4290. Developments must comply with Tuolumne County Ordinance Code Chapter 15.20 specific to fire flow requirements, water supply standards, building height, fire hydrants, identification of buildings and off-site signing, driveways, gate entrances, setbacks, defensible space, and fuel modification.

• F. Street Design. Street improvements, including sidewalks, within a small lot subdivision project shall be governed by Tuolumne County Ordinance Code Titles 11, 12, and 16, California Streets and Highways Codes, and the General Plan. Street design must comply with all applicable fire prevention requirements. All street design standards shall be approved by the Director of Public Works and the County’s Fire Marshal.

• G. Parking. Parking shall be provided for each dwelling unit to include one parking space for studios and one-bedroom units, and two parking spaces for two-bedroom and larger units. Required parking shall be off-street and may be provided on each parcel or in a common parking area shared by multiple units. Deviations from the off-street parking requirement may be granted at the discretion of the Public Works Director as part of the review and approval of street design standards.

space for studios and one-bedroom units, and two parking spaces for two-bedroom and larger units. Required parking shall be off-street and may be provided on each parcel or in a common parking area shared by multiple units. Deviations from the off-street parking requirement may be granted at the discretion of the Public Works Director as part of the review and approval of street design standards.

• H. Sewage Disposal/ Potable Water. Small-lot subdivisions shall be served by public sewer and water systems. Each application for a small-lot subdivision shall include a service availability letter or other equivalent form of documentation from the utility provider indicating whether capacity exists or if offsite improvements will be needed prior to serving the proposed development. Service availability letters are not entitlements. A commitment to provide water and/or sewer service is formalized through a development agreement executed by the Developer and the Utility. Any water/sewer infrastructure improvements, capacity charges and/or other associated costs or fees required by the public water and sewer provider(s) for the provision of service are the responsibility of the applicant.

• I. Public Utility Easements. Public utility easements shall be provided as required by Tuolumne County Ordinance Code Chapter 16.24.170. Deviations from the public utility easement requirement may be granted by consent of the public utility provider.

• J. Flood Zones. Small-lot subdivisions shall be prohibited from creating parcels for residential use within flood hazard zones A, A99, AE, AH, AO, and VE as identified in the most recent National Flood Hazard Layer published by the Federal Emergency Management Agency.

• K. Final Subdivision and Parcel Maps. Final subdivision and parcel maps shall include a notation that stipulates that the small-lot parcels created as part of a small-lot subdivision cannot be further divided. Lots within the subdivision that are larger than the minimum lot size allowed in the zone may be later divided in accordance with county ordinance code.

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