§ 9-32.090. Subdivisions of Land

In order to avoid the creation of undevelopable parcels of land, any subdivision of land proposed in areas falling wholly or partially under the provisions of the performance standards set forth in this Article shall not be divided in such a fashion as to preclude the reasonable use of any resulting parcel.

A.

Developable land may not be divided from land substantially undevelopable under the provisions of the performance standards, unless:

1.

The undevelopable parcel is to be held in common by the owner of the resulting developable parcel; or

2.

The undevelopable parcel is conveyed to and accepted by an appropriate public agency or other party (for example, homeowner's association) to be used for other residential purposes, such as, but not limited to, parks, flood control facilities, campgrounds, agriculture, or other uses consistent with the Open Space Element of the General Plan; and

3.

An open space easement over the undevelopable parcel specifying the allowable nonresidential, or, alternatively, the proscribed uses, is dedicated to the City or another appropriate public agency. Such an open space easement shall be conveyed subject to the provisions of Sections 51070 et seq. of the Government Code.

B.

If a parcel of land is proposed for division into two or more parcels, but with no cluster development permit or planned development permit for the whole original parcel, each parcel shall have a proportionate share of the total developable land or the total dwelling units allowable under the provisions of the performance standards, unless either Subsection (A)(1) or (2) of this Section has been satisfied.

(Example: If four lots are to be created from 40 acres, each approximately 10 acres in size, each lot shall have 25 percent of the developable land and/or 25 percent of the total units allowable on the original parcel.)

C.

Any parcel created pursuant to the provisions of the performance standards and entirely in 20 percent or greater slope, or designated as open space in the General Plan, shall be no less than 40 acres in size, unless Subsection (A)(1) or (2) of this Section pertains.

D.

Single parcels of land of record as of July 21, 1986, in a residential or open space land use zone on less than 40 acres shall be allowed a minimum of one dwelling unit, notwithstanding Section 9-32.070 of this Chapter.

E.

Land, otherwise developable under the provisions of the performance standards, is rendered undevelopable when the development which could be built on such land is transferred elsewhere on the parcel subject to the same development application, in such a case, the land rendered undevelopable shall be treated in a manner consistent with Subsection A of this Section.

(§ 5, Ord. 1085, eff. January 6, 2006)