The Board of Supervisors or Planning Commission shall disapprove a tentative map or a final subdivision map or parcel map for failure to meet or perform any of the requirements or conditions imposed by this chapter and the Subdivision Map Act; provided, that a final map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the timer of approval of the tentative map; and provided further, that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The Board of Supervisors or Planning Commission may waive any technical and inadvertent error upon finding that such error does not materially affect the validity of the map.
(Ord. 2093, 1975; Ord. 2443, 1977; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 4243 § 11, 1993)
(A) 
Compliance with General Plan. The Board of Supervisors or Planning Commission shall not approve a tentative map unless it is found that the proposed subdivision, together with the provisions of its design and improvements, is consistent with the General Plan required by Article 5 of Chapter 3 of Division 1 of the California Government Code (commencing with Section 65300), or any specific plan adopted pursuant to Article 8 of Chapter 3 of Division 1 of the California Government Code (commencing with Section 65450).
(B) 
Consistency with Area Plan. A proposed subdivision shall be considered with the General Plan or a Specific Area Plan where the County has officially adopted such a plan, and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan.
(C) 
Compliance with Zoning. All subdivisions shall comply with Chapter 13.10 SCCC with respect to uses of land, lot sizes and dimensions and other applicable regulations. Except where this chapter or conditions of approval of a tentative map impose higher standards, the requirements of this chapter or such conditions shall prevail.
(Ord. 2093, 1975; Ord. 2213, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 3228 § 5, 1982; Ord. 4243 § 12, 1993)
The Board of Supervisors or Planning Commission shall deny approval of a tentative map if it makes any of the following findings:
(A) 
That the proposed map is not consistent with applicable general and specific plans.
(B) 
That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
(C) 
That the site is not physically suitable for the type of development.
(D) 
That the site is not physically suitable for the proposed density of development.
(E) 
That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
(F) 
That the design of the subdivision or the type of improvements is likely to cause serious public health or safety problems.
(G) 
That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. In this connection, the Board of Supervisors or Planning Commission may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the Board of Supervisors or the Planning Commission to determine that the public at large has acquired easements for access through, or use of property within, the proposed subdivision.
(Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 3228 § 6, 1982; Ord. 4243 § 13, 1993)
The Board of Supervisors shall not deny approval of a final subdivision map for any of the reasons set forth in SCCC § 14.01.403 if a tentative map for the proposed subdivision was previously approved and if it is found that the map, as presented, is in substantial compliance with the previously approved tentative map.
(Ord. 2093, 1975; Ord. 2443, 1977)
The Board of Supervisors shall not deny approval of a parcel map for any of the reasons set forth in SCCC § 14.01.403 if a tentative map for the proposed subdivision was previously approved and it is found that the map, as presented, is in substantial compliance with the previously approved tentative map.
(Ord. 2093, 1975; Ord. 2443, 1977)
The Board of Supervisors shall not approve a final map for any land project, as defined in Section 11000.5 of the Business and Professions Code, unless:
(A) 
The County has adopted a specific plan covering the area proposed to be included within the land project.
(B) 
The County finds that the proposed land project, together with the provisions for its design and improvement, is consistent with specific plan for the area.
This section shall apply to land projects for which tentative maps were approved on or after November 10, 1969.
(Ord. 2093, 1975)
The Board of Supervisors or Planning Commission shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Board pursuant to Division 7 (commencing with Section 13000) or any successor provisions of the Water Code. In the event that the Board of Supervisors or Planning Commission finds that the proposed waste discharge would result in or add to violations of requirements of such regional water quality board, the tentative map or maps of the subdivision shall be denied.
(Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 3276 § 2, 1982; Ord. 4243 § 14, 1993; Ord. 4496-C § 73, 1998)
(A) 
The design of any subdivision for which a tentative map is required shall provide, to the maximum extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
(B) 
Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of structures to maximize solar gains such as through the use of east-west lot alignments emphasizing southern exposure.
(C) 
Examples of passive or natural cooling opportunities in subdivision design include such methods as design of lot size and configuration to permit orientations of structures to maximize possible cooling through shading, prevailing breeze, and northern exposures for ventilation.
(D) 
In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements.
(E) 
The requirements of this section do not apply to condominium projects which consist of the subdivision of air space in an existing building when no new structures are added.
(F) 
For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
(G) 
Where neither lot size, lot configuration, or applicable zoning is sufficient to reasonably protect solar access to parcels in a new subdivision, the Planning Commission or Board of Supervisors may require the preparation and dedication of solar access easements or restrictive covenants.
(H) 
The burdens and benefits of the solar easement shall be transferable and run with the land to subsequent grantees of the grantor(s) and of the grantee(s). All solar easements must include, at a minimum, all of the following:
(1) 
A description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device, or structural design feature may not be obstructed, or a combination of these descriptions.
(2) 
The restrictions placed upon vegetation, structures, and other objects which would impair or obstruct the passage of sunlight through the easement.
(3) 
The terms or conditions, if any, under which the easement may be revised or terminated.
(Ord. 3276 § 3, 1982; Ord. 3469 § 6, 1983; Ord. 4243 § 15, 1993)
When a parcel adjacent to agricultural land, as designated on the agricultural resources map established under SCCC § 16.50.040, is to be subdivided, the following statement shall, as a condition of approval, be included on the final map or parcel map, and in each parcel deed for the subdivision:
This subdivision is adjacent to property utilized for agricultural purposes, and residents of the subdivision may be subject to inconvenience or discomfort arising from the use of agricultural chemicals, including herbicides, pesticides, and fertilizers; and from the pursuit of agricultural operations, including plowing, spraying, pruning and harvesting which occasionally generate dust, smoke, noise and odor. Santa Cruz County has established agriculture as a priority use on productive agricultural lands, and residents of adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary farm operations.
(Any deed conveying parcels or lots within this subdivision shall contain a statement substantially in the form stated above.)