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:

a.

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.

b.

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

c.

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.

d.

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.

e.

A resulting non-conservation parcel:

1.

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

2.

If the non-conservation parcel requirements as set forth in Section 8211-4(e)(1) above are met, a nonconservation 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:

a.

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;

b.

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

c.

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

d.

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)