On November 2, 1993, the Voters of San Diego County approved the Forest Conservation Initiative (FCI). Along with changes to the County’s General Plan, the Initiative also required the County to place a minimum parcel size of 40 acres with a maximum density one dwelling unit per parcel on all parcels affected by the Initiative. The Initiative affected approximately 83,000 acres in the County. Those acres are located in the Pendleton-DeLuz, North Mountain, Ramona, Julian, Central Mountain, Mountain Empire, Desert and Jamul/Dulzura Community and Subregional Plan Areas. The following provides answers to frequently asked questions about FCI. If the answer to your question is not found below, please call the Department of Planning and Land Use at (800) 411-0017.
Exhibits:
If both lots meet current required minimum 40 acre parcel size
One lot meets current required minimum 40 acre parcel size
Neither lot meets current required minimum 40 acre parcel size
Neither parcel meets current required minimum 40 acre parcel size
What property was affected by the rezone?
The FCI rezones affected all privately owned property inside the boundaries of the Cleveland National Forest with three exceptions. The first exception is for the areas known as the "Country Towns". Included in this would be such areas as the Julian Downtown. The second exception is for areas in Julian subject to Policy 3.5 of the County’s Regional Land Use Element of the General Plan. These areas are older subdivisions that are at least 80 percent developed and include such communities as Kentwood in the Pines, Pine Hills and Harrison Park. The third exception is the Central Mountain Subregional Planning Area. That area was not included in this rezone because the County must meet requirements set by the court prior to a rezone taking place. However, the Central Mountain Subregion will also require rezoning at a later date to meet the FCI mandates.
What is the result of the rezone?
The rezone met the FCI requirement that a 40-acre minimum parcel size and a density of one dwelling unit per 40 acres be placed on all affected parcels. This mainly affects a landowner’s ability to subdivide. In order to subdivide, a landowner would need at least 80 acres. However, since each parcel must have a net size of 40 acres, other considerations such as roads, which are not counted in the net lot measurement, could result in more than the 80-acre minimum being required to subdivide.
How can I find out if my property is affected?
Any questions regarding affected parcels should be directed to the Department of Planning and Land Use. The Department can be reached at (800) 411-0017 or visit the Zoning Counter at 5201 Ruffin Road, Suite "B", San Diego, Ca 92123. Please supply Assessor Parcel Numbers for all parcels included in your request.
How did the rezone affect the use of my property if my lot is less than 40 acres?
The main effect of the rezone is on a landowner’s ability to subdivide. The rezone did not affect the ability to build a house on a lot. Zoning Ordinance Section 4220 states that any parcel which is considered legal prior to the rezone that made it undersized will still be considered to meet minimum parcel size. This allows the owner "grandfathered" rights for building a house. It should be noted, however, that possession of an Assessor’s Parcel Number is not necessarily indicative of legal lot status. Any questions regarding how legal lot status can be determined should be addressed to the Zoning Counter at (858) 565-5981.
With regard to other residential structures, you may build Accessory Apartment (granny-flat) with certain restrictions and the issuance of an Administrative Permit or a guesthouse. In some zones, an Administrative Permit may be required. You may not build a second dwelling unit on a lot less than 40 acres in size. You may build farm employee housing in the A70, A72 and S92 zones.
Can I do a boundary adjustment?
A boundary adjustment may be approved under certain circumstances if the lots are greater than 40 acres or if the boundary adjustment would not result in parcels less than 40 acres becoming smaller. Please see the attached graphic representations for more information.
How long will the rezone be in effect?
FCI carries an expiration date of December 31, 2010. The rezone reflects that date and will be in effect for the same amount of time.
Can I get my property out of FCI?
If certain conditions can be met, a General Plan Amendment may be processed by the landowner to change the General Plan Land Use Designation. Summarized, those conditions are; 1) that the approval does not constitute or encourage a piece-meal conversion of the forest to residential uses; 2) that adequate public services are available and have the needed capacity; 3) that the proposed use is compatible with the Forest’s environmental resources; 4) that the property cannot be incorporated into a city; and 5) that the land in question does not exceed 40 acres for any one landowner or landowners with a unity of interest in any one year.
