Article 11 — Conservation Subdivision

8211-0 - Purpose.

This Article authorizes the creation of parcels for conservation purposes as set forth below.

(Ord. No. 4566, § 1, 6-16-2020)

8211-1 - Applicability.

This Article authorizes the creation of parcels for conservation purposes as set forth below. A conservation subdivision may result in the creation of:

One (1) or more conservation parcels from one (1) or more illegal lots; or

Two (2) or more conservation parcels from one (1) legal lot; or

One (1) or more conservation parcels and one (1) non-conservation parcel from one (1) or more legal or illegal lots or a combination of legal and illegal lots.

(Ord. No. 4566, § 1, 6-16-2020)

8211-2 - Tentative parcel map and parcel map required for conservation subdivisions. 8211-2.1 - Application and processing.

Applications for the approval of a conservation subdivision shall be filed with the Planning Division. No application shall be accepted for filing and processing if a violation of the NCZO, CZO, or this Chapter exists on the subject lot(s) unless the acceptance of the application is necessary to abate the existing violation and unless it conforms to the requirements of this Chapter; contains in a full, true, and correct form, the required information prescribed by the forms supplied by the Planning Division; and is accompanied by the appropriate fees.

Applications for conservation subdivisions shall be submitted and processed by the Planning Director as a tentative parcel map in accordance with Article 5 of this Chapter, except that all proposed lots subject of the conservation subdivision are not required to meet the minimum lot area requirements of Section 8205-5.1.1 and conservation parcels are not required to demonstrate that they are a buildable site pursuant to Section 8205-5.1.5 of this Chapter. See Standards for Approval in Sections 8211-4(c), (d), and (e)(2) below.

After approval of a tentative parcel map for a conservation subdivision, the applicant shall file and prepare a parcel map of the proposed conservation subdivision in accordance with Article 6 of this Chapter, except that no field survey is required for conservation parcels.

(Ord. No. 4566, § 1, 6-16-2020)

8211-3 - Designated advisory agency.

The Planning Director or designee is the designated advisory agency for conservation subdivision applications under this Article.

(Ord. No. 4566, § 1, 6-16-2020)

8211-4 - Standards for approval.

Except as otherwise stated below, a conservation subdivision shall meet the general design requirements of a tentative parcel map pursuant to Section 8205-5 of this Chapter and the following:

Conservation parcels must be owned and maintained by a natural resource agency or conservation organization as required by Section 8211-5(c) of this Chapter.

Conservation parcels must be encumbered by an easement and/or deed restriction preserving the property for conservation purposes in perpetuity.

Conservation parcels may be conforming as to size or smaller than the minimum lot size required by the zone and General Plan land use designation in which the parcel is located provided that conservation parcels created for the preservation of farmland shall be a minimum of ten (10) acres and land preserved for grazing/rangeland shall be a minimum of forty (40) acres.

Conservation parcels need not comply with the lot design requirements of Sections 8205-5.1 et seq. of this Chapter, except that all proposed lots shall comply with Sections 8205-5.1.8 and 8205-5.1.9 of this Chapter, and access roads that traverse conservation parcels to proposed non-conservation parcels shall be recorded as easements with the parcel map.

A resulting non-conservation parcel:

Shall comply with the lot design requirements of Sections 8205-5.1 et seq. of this Chapter, except for the requirement to meet the minimum lot area (Section 8205-5.1.1) required by the zone and the General Plan land use designation. A non-conservation parcel within the Open Space or Agriculture General Plan land use designation shall be a minimum of ten (10) acres. A non-conservation parcel within other General Plan designations shall be of a size and shape suitable for the uses permitted by its zoning designation as determined by the advisory agency. The presence of an existing, legal single-family dwelling or other principal building on a non- conservation parcel is sufficient to demonstrate the parcel is buildable pursuant to Section 8205-5.1.5 of this Chapter; and

If the non-conservation parcel requirements as set forth in Section 8211-4(e)(1) above are met, a non-conservation parcel that is non- conforming as to minimum lot area shall be considered a legal non-conforming parcel with all of the development rights accorded by its zoning designation.

(Ord. No. 4566, § 1, 6-16-2020)

8211-5 - Additional standards and findings for approval.

The advisory agency shall also make the findings below to approve a conservation subdivision:

All the standards for approval of Section 8205-6.6 are met, except for specific lot and/or design standards as specified in Section 8211-4 above;

All the standards for approval of Section 8211-4 are met;

The owner of the conservation parcel qualifies as natural resource agency or conservation organization; and

The approval of the conservation subdivision will not be detrimental to the public health, safety and welfare, nor to the use, or enjoyment of neighboring properties.

(Ord. No. 4566, § 1, 6-16-2020)

8211-6 - Recordation.

In addition to the requirements set forth in Article 6 of this Chapter, parcel maps for conservation subdivisions shall be recorded with an easement or deed restriction that comply with the following criteria:

The conservation easement or deed restriction used for the conservation parcel shall be subject to Planning Director review and approval prior to recordation. The conservation easement or deed restriction shall be filed with a sketch and legal description of the entire conservation parcel prepared by a licensed surveyor. The conservation subdivision, including the parcel map, the sketch and legal description for the conservation parcel, and conservation easement or deed restriction for the conservation parcel shall be recorded in the Office of the County Recorder.

If applicable, the grant deed transferring the conservation parcel to a conservation organization or natural resource agency shall record simultaneously with the conservation subdivision.

The conservation easement or deed restriction for the conservation parcel shall specify the activities, uses, and structures that are permitted and which are prohibited on the conservation parcel as approved by the Planning Director in accordance with subsection (a) above. Activities, uses, and structures shall be limited to those that are compatible with the conservation purpose of the conservation subdivision.

(Ord. No. 4566, § 1, 6-16-2020)