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Parcel Buildability

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We offer services that can help you determine the development potential of a parcel.

Pre-Development Site Review: A PDSR provides basic information about a parcel, including site standards, environmental constraints, & required permits. Staff visits the site and provides a letter with their findings.

Geologic Hazards Assessment: A GHA evaluates physical conditions and safety concerns. Staff visits the site and provides a letter with their evaluation and determination of whether a geologic report will be required to develop the parcel.

For more information about our services, see Pre-Application services.

For questions about lot legality, contact a Zoning planner. You can reach a planner by email or by scheduling an appointment using the appointment scheduler. The planner will look for a County-approved land division and issued permits.

If parcel legality cannot be confirmed by checking our records, you will need to apply for a Parcel Legality Study / Certificate of Compliance.

In a Parcel Legality Study, a planner will review the chain of title and compare it to state and local laws to determine whether the parcel was created legally. The resulting document is called a Conditional or Unconditional Certificate of Compliance.

Summary

This bulletin explains the criteria that are required for a parcel to be considered “buildable.” One of those criteria is “parcel legality.” Information on parcel legality is provided on the second page.

Parcel Buildability

To determine if a parcel is buildable, it is the responsibility of the owner or applicant to provide evidence of the following:

  1. Water: The parcel must have access to water. This is demonstrated by either a will-serve letter from the water district serving the parcel, or an individual water service permit issued by the County Environmental Health Department for a well or other water source.
  2. Sewage Disposal System: The parcel must have an approved sewage disposal system, either an onsite wastewater treatment system (septic system) approved by the Environmental Health Department, or a sewer connection issued by the sewer provider.
  3. Emergency Vehicle Access: The building site must be accessible to emergency vehicles such as ambulances and fire trucks. Contact the responsible fire agency for specific questions and access guidelines.
  4. Site Safety: The building site must be free from geologic hazards to the extent that the safety of the structure can be ensured. A geological report may be required to assess or address environmental/safety concerns. You can schedule an appointment to talk to our Geologic Hazards staff using the appointment scheduler.
  5. Legal Access: A parcel may not be used as a building site unless its principal frontage and access is located on a public or private right-of-way. Read your deed to confirm access or contact a Zoning planner by email or by making an appointment.
  6. Parcel Legality: Building permits will only be issued for parcels that were created legally (see next section). 

Parcel Legality

A parcel is not necessarily legal because it has an assessor’s parcel number, property taxes have been levied, a title report has been done, or the parcel is described on a deed or record of survey map. These items do not by themselves indicate legal status. The following is a brief overview of the criteria for determining if a parcel was created legally.

A parcel was legally created if:

  • The parcel was created by a County-approved minor land division or subdivision on file with the Community Development & Infrastructure Department, Planning or Public Works divisions; or
  • An Unconditional Certificate of Compliance or a Conditional Certificate of Compliance (where the conditions have been met) was recorded; or
  • The parcel was “approved for development” by the issuance of a building, septic, well, or similar permit; or
  • If the parcel was created prior to January 21, 1972 (deeds are required to demonstrate this), then:
    1. The parcel must have been created as part of a land division of four or fewer contiguous lots created at one time by the subdivider, and the parcel must have complied with the minimum parcel size, width, and frontage established by the zoning in effect at the time of parcel creation; or
    2. The lot was created consistent with the State’s Subdivision Map Act and applicable County ordinances at the time of creation. If more than four parcels were created after 1963, then a tentative map must have been approved and a final map must have been recorded.

Next Steps

For general questions about parcel buildability or lot legality, start by contacting a Zoning planner. You can email a planner: Planning.ZoningInfo@santacruzcountyca.gov, or you can self-schedule an appointment using our online appointment scheduler.

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