- MISCELLANEOUS
Editor's note— Ord. No. 5067, §§ 1, 2, adopted Nov. 7, 2017, amended Ch. 130.14 in its entirety to read as herein set out. Formerly, Ch. 130.14, §§ 130.14.250 and 130.14.260, pertained to medical marijuana, and derived from Ord. No. 4999, §§ 1, 2(17.14.250), adopted Sept. 24, 2013; Ord. No. 5000, §§ 1, 2(17.14.260), adopted Sept. 24, 2013; and Ord. No. 5051, § 2, adopted Apr. 18, 2017.
Editor's note— Ord. No. 5090, adopted Aug. 14, 2018, repealed ch. 130.38, §§ 130.38.010—130.38.040, 130.38.041, 130.38.042, 130.38.050—130.38.052, 130.38.060—130.38.062, which pertained to Airport Safety (AA) District, and derived from Code 1997, § 17.38.010—17.38.040; 17.38.041, 17.38.042, 17.38.050—17.38.052, 17.38.060—17.38.062; Ord. No. 3721, § 1(part), adopted 1987; and Ord. No. 5051, § 2, adopted Apr. 18, 2017. Similar provisions may currently be found at § 130.27.100.
Editor's note— Res. No. 143-2018, § 4(Exh. A, § 2), adopted July 17, 2018, repealed Art. 9, § 130.14.250, which pertained to medical cannabis distribution and derived from Ord. No. 5067, § 1, adopted Nov. 7, 2017.
Editor's note— Ord. No. 5107, § 1, adopted Sept. 10, 2019, repealed Art. 9, § 130.14.280, which pertained to taxation of commercial cannabis activities and derived from Res. No. 140-2018, § 6(Exh. A, § 1), adopted July 17, 2018. Similar provisions may currently be found at Title 3, Ch. 3.22, §§ 3.22.010—3.22.280.
Editor's note— Ord. No. 5109, § 1, adopted Sept. 10, 2019, renumbered and amended Art. 9, § 130.14.290, which pertained to commercial cannabis activities permitting and enforcement, as Art. 4, Ch. 130.41, § 130.41.100. Former § 130.14.290 derived from Res. No. 140-2018, § 6(Exh. A, § 2), adopted July 17, 2018.
Editor's note— Art. 9, § 130.14.300 has been removed by the County, inasmuch as it has been superseded by Ord. No. 5110, § 2, adopted Sept. 10, 2019, codified as § 130.41.200, of Tit. 130, Art. 4. Said § 130.14.300 pertained to outdoor and mixed-light cultivation of medicinal use cannabis, and was derived from Res. No. 141-2018, § 4(Exh. A, § 1), adopted July 17, 2018.
Editor's note— Ord. No. 5110, § 1, adopted Sept. 10, 2019, repealed Art. 9, § 130.14.310, which pertained to outdoor and mixed-light cultivation of recreational adult use cannabis permitting and enforcement and derived from Res. No. 142-2018, § 4(Exh. A, § 1), adopted July 17, 2018. Similar provisions may currently be found at Title 130, Art. 4, Ch. 130.41, § 130.41.200.
Editor's note— Ord. No. 5124, § 2, adopted May 12, 2020, repealed Art. 9, § 130.14.320, which pertained to retail sale, commercial distribution, and commercial indoor cultivation of cannabis for medicinal use and derived from Res. No. 143-2018, § 4(Exh. A, § 1), adopted July 17, 2018; and Ord. No. 5111, § 1, adopted Sept. 10, 2019. Similar provisions may currently be found at Title 130, Art. 4, Ch. 130.41, § 130.41.300.
Editor's note— Ord. No. 2154, § 1, adopted May 12, 2020, repealed Art. 9, § 130.14.330, which pertained to retail sale, commercial distribution, and commercial indoor cultivation of cannabis for recreational adult use, and was derived from Res. No. 144-2018, § 4(Exh. A, § 1), adopted July 17, 2018; and Ord. No. 5111, § 2, adopted Sept. 10, 2019. Similar provisions may currently be found at Title 130, Art. 4, Ch. 130.41, § 130.41.300.
A.
The minimum parcel size as set forth in each of the zone district regulations provided for in this subpart shall be inapplicable to parcels created for the singular purpose of conveyance, dedication or transfer of the parcel to a governmental agency, public entity or public utility for such uses by the agency, entity or utility as may be authorized by law.
B.
At such time as a parcel created under the provisions of Subsection A of this section as conveyed or otherwise transferred to an entity other than a governmental agency, public entity or public utility, then the parcel shall be required to meet applicable minimum size regulations.
(Prior Code, § 9430(p); Code 1997, § 17.14.110)
In the following zone districts: RE 5, RE 10, A, AE (where the property is not under a Williamson Act contract), RA 20, RA 40, RA 60, RA 80, RA 160, PA and SA-10, an existing parcel may be subdivided in such a way that one new parcel of less size than is required in the prevailing zone regulations is created within each subdivision provided the following conditions exist:
A.
Either the parcel is shown on the County tax roll or recorded deed as a separate parcel, is described as a fractional division of a section and a subsequent survey of the parcel shows it to be a maximum of ten percent less than the acreage indicated on that tax roll; or
B.
The parcel is shown on the 1979 County tax roll as a separate parcel and the roll shows it to be a maximum of ten percent less than the acreage required to make even divisions into the minimum parcel size to which it is zoned; or
C.
The parcel is shown on the 1979 County tax roll as a separate parcel and a survey shows it to be a maximum of ten percent less than the acreage required to make even divisions into the minimum parcel size to which it is zoned; and both of the following:
1.
The smallest parcel proposed to be created is no less than 75 percent of the minimum size required by the applicable zone but, in no case shall a parcel be created less than 4.5 acres when groundwater dependant; and
2.
All other parcels proposed to be created are no less than the minimum required by the applicable zone or no more than one-tenth of an acre larger than the minimum.
No parcel size exception shall be granted where the exception would conflict with general plan policies or provisions of this title that require buffers to adjacent parcels.
(Code 1997, § 17.14.120; Ord. No. 4802)
Editor's note— Ord. No. 5127, § 22, adopted Sept. 1, 2020, repealed §§ 130.04.015, 130.10.020, 130.10.040, and 130.22.200, which pertained to public noticing, and derived from the prior Code, §§ 9470(b), (d); the Code of 1997, §§ 17.04.015, 17.10.020, 17.10.040, 17.22.200; Ord. No. 3806, §§ 4, 13, 15, adopted in 1988; Ord. No. 4589, adopted Aug. 28, 2001; and Ord. No. 5026, § 2, adopted Sept. 15, 2015.
- MISCELLANEOUS
Editor's note— Ord. No. 5067, §§ 1, 2, adopted Nov. 7, 2017, amended Ch. 130.14 in its entirety to read as herein set out. Formerly, Ch. 130.14, §§ 130.14.250 and 130.14.260, pertained to medical marijuana, and derived from Ord. No. 4999, §§ 1, 2(17.14.250), adopted Sept. 24, 2013; Ord. No. 5000, §§ 1, 2(17.14.260), adopted Sept. 24, 2013; and Ord. No. 5051, § 2, adopted Apr. 18, 2017.
Editor's note— Ord. No. 5090, adopted Aug. 14, 2018, repealed ch. 130.38, §§ 130.38.010—130.38.040, 130.38.041, 130.38.042, 130.38.050—130.38.052, 130.38.060—130.38.062, which pertained to Airport Safety (AA) District, and derived from Code 1997, § 17.38.010—17.38.040; 17.38.041, 17.38.042, 17.38.050—17.38.052, 17.38.060—17.38.062; Ord. No. 3721, § 1(part), adopted 1987; and Ord. No. 5051, § 2, adopted Apr. 18, 2017. Similar provisions may currently be found at § 130.27.100.
Editor's note— Res. No. 143-2018, § 4(Exh. A, § 2), adopted July 17, 2018, repealed Art. 9, § 130.14.250, which pertained to medical cannabis distribution and derived from Ord. No. 5067, § 1, adopted Nov. 7, 2017.
Editor's note— Ord. No. 5107, § 1, adopted Sept. 10, 2019, repealed Art. 9, § 130.14.280, which pertained to taxation of commercial cannabis activities and derived from Res. No. 140-2018, § 6(Exh. A, § 1), adopted July 17, 2018. Similar provisions may currently be found at Title 3, Ch. 3.22, §§ 3.22.010—3.22.280.
Editor's note— Ord. No. 5109, § 1, adopted Sept. 10, 2019, renumbered and amended Art. 9, § 130.14.290, which pertained to commercial cannabis activities permitting and enforcement, as Art. 4, Ch. 130.41, § 130.41.100. Former § 130.14.290 derived from Res. No. 140-2018, § 6(Exh. A, § 2), adopted July 17, 2018.
Editor's note— Art. 9, § 130.14.300 has been removed by the County, inasmuch as it has been superseded by Ord. No. 5110, § 2, adopted Sept. 10, 2019, codified as § 130.41.200, of Tit. 130, Art. 4. Said § 130.14.300 pertained to outdoor and mixed-light cultivation of medicinal use cannabis, and was derived from Res. No. 141-2018, § 4(Exh. A, § 1), adopted July 17, 2018.
Editor's note— Ord. No. 5110, § 1, adopted Sept. 10, 2019, repealed Art. 9, § 130.14.310, which pertained to outdoor and mixed-light cultivation of recreational adult use cannabis permitting and enforcement and derived from Res. No. 142-2018, § 4(Exh. A, § 1), adopted July 17, 2018. Similar provisions may currently be found at Title 130, Art. 4, Ch. 130.41, § 130.41.200.
Editor's note— Ord. No. 5124, § 2, adopted May 12, 2020, repealed Art. 9, § 130.14.320, which pertained to retail sale, commercial distribution, and commercial indoor cultivation of cannabis for medicinal use and derived from Res. No. 143-2018, § 4(Exh. A, § 1), adopted July 17, 2018; and Ord. No. 5111, § 1, adopted Sept. 10, 2019. Similar provisions may currently be found at Title 130, Art. 4, Ch. 130.41, § 130.41.300.
Editor's note— Ord. No. 2154, § 1, adopted May 12, 2020, repealed Art. 9, § 130.14.330, which pertained to retail sale, commercial distribution, and commercial indoor cultivation of cannabis for recreational adult use, and was derived from Res. No. 144-2018, § 4(Exh. A, § 1), adopted July 17, 2018; and Ord. No. 5111, § 2, adopted Sept. 10, 2019. Similar provisions may currently be found at Title 130, Art. 4, Ch. 130.41, § 130.41.300.
A.
The minimum parcel size as set forth in each of the zone district regulations provided for in this subpart shall be inapplicable to parcels created for the singular purpose of conveyance, dedication or transfer of the parcel to a governmental agency, public entity or public utility for such uses by the agency, entity or utility as may be authorized by law.
B.
At such time as a parcel created under the provisions of Subsection A of this section as conveyed or otherwise transferred to an entity other than a governmental agency, public entity or public utility, then the parcel shall be required to meet applicable minimum size regulations.
(Prior Code, § 9430(p); Code 1997, § 17.14.110)
In the following zone districts: RE 5, RE 10, A, AE (where the property is not under a Williamson Act contract), RA 20, RA 40, RA 60, RA 80, RA 160, PA and SA-10, an existing parcel may be subdivided in such a way that one new parcel of less size than is required in the prevailing zone regulations is created within each subdivision provided the following conditions exist:
A.
Either the parcel is shown on the County tax roll or recorded deed as a separate parcel, is described as a fractional division of a section and a subsequent survey of the parcel shows it to be a maximum of ten percent less than the acreage indicated on that tax roll; or
B.
The parcel is shown on the 1979 County tax roll as a separate parcel and the roll shows it to be a maximum of ten percent less than the acreage required to make even divisions into the minimum parcel size to which it is zoned; or
C.
The parcel is shown on the 1979 County tax roll as a separate parcel and a survey shows it to be a maximum of ten percent less than the acreage required to make even divisions into the minimum parcel size to which it is zoned; and both of the following:
1.
The smallest parcel proposed to be created is no less than 75 percent of the minimum size required by the applicable zone but, in no case shall a parcel be created less than 4.5 acres when groundwater dependant; and
2.
All other parcels proposed to be created are no less than the minimum required by the applicable zone or no more than one-tenth of an acre larger than the minimum.
No parcel size exception shall be granted where the exception would conflict with general plan policies or provisions of this title that require buffers to adjacent parcels.
(Code 1997, § 17.14.120; Ord. No. 4802)
Editor's note— Ord. No. 5127, § 22, adopted Sept. 1, 2020, repealed §§ 130.04.015, 130.10.020, 130.10.040, and 130.22.200, which pertained to public noticing, and derived from the prior Code, §§ 9470(b), (d); the Code of 1997, §§ 17.04.015, 17.10.020, 17.10.040, 17.22.200; Ord. No. 3806, §§ 4, 13, 15, adopted in 1988; Ord. No. 4589, adopted Aug. 28, 2001; and Ord. No. 5026, § 2, adopted Sept. 15, 2015.