§ 16.02

This chapter is adopted to supplement and implement the Subdivision Map Act (Gov. Code § 66410 et seq.) and may be cited as the Subdivision Ordinance of the City of Rohnert Park.

(Ord. 744 § 1 (part), 2005)

It is the purpose of this chapter to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the planning commission, the city engineer, the zoning administrator, the building services department and city council regarding the maps. To accomplish this purpose, the regulations outlined in this chapter are determined to be necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services.

(Ord. 744 § 1 (part), 2005)

No land shall be subdivided and developed for any purpose which is not in conformity with the general plan and any specific plan of the city or permitted by the zoning chapter or other applicable provisions of the Rohnert Park Municipal Code. The type and intensity of land use as shown on the general plan shall determine the type of streets, roads, highways, utilities and public services that shall be provided by the subdivider.

(Ord. 744 § 1 (part), 2005)

The regulations set forth in this title shall apply to all parts of subdivisions within the city and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof lying within the city shall be made and each map shall be prepared and presented for approval as provided for and required by this chapter. A condominium conversion is treated as a subdivision subject to the provisions of the Subdivision Map Act and this title.

(Ord. 744 § 1 (part), 2005)

This chapter shall not apply to:

A.

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

B.

Mineral, oil or gas leases.

C.

Land dedicated for cemetery purposes under the State Health and Safety Code.

D.

A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created, provided the lot line adjustment is approved by the city engineer.

E.

Any separate assessment under Section 2188.7 of the State Revenue & Taxation Code for community apartment or cooperative housing projects.

F.

The conversion of a community apartment project or a stock cooperative to a condominium if the requirements of Government Code Section 66412(g) and (h) of the Subdivision Map Act are met.

G.

The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements.

H.

The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

I.

The construction, financing or leasing of second family residential units according to the zoning ordinance.

J.

Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.

K.

Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind-powered electrical generation device which is subject to discretionary action by the city.

(Ord. 744 § 1 (part), 2005)

A.

Whenever the subdivider desires to modify any of the provisions of Chapters 16.02 through 16.52 of this title pursuant to the provisions of this chapter, the subdivider shall file an application with the proper advisory agency in a form to be prescribed by the advisory agency, which application shall set forth in detail the requested modifications, and shall also set forth a general sketch of the proposed tentative map as proposed to be modified. Each application shall be accompanied by a filing fee as set forth by resolution of the city council.

B.

Each proposed modification shall be referred to the officer of the department under whose jurisdiction the regulations involved comes and such officer or department shall transmit to the advisory agency his or its written recommendation, which recommendation shall be reviewed, prior to the granting of any modification.

C.

Whenever, in the opinion of the planning commission, the land in any subdivision is of a size or shape, or is affected by topographical location or conditions, that render it impossible for the subdivider to conform fully to the regulations contained in this chapter, the planning commission may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act. In the case of subdivisions of four or fewer units this determination may be made by the subdivision committee.

D.

An application for modification pursuant to this chapter shall be filed after the completion of the subdivision conference and prior to the filing of a minor subdivision, parcel map or tentative map.

E.

In the event that any modification to a tentative map as provided herein is made, a written statement of said modification shall be transmitted to the council at the time of approval of the final subdivision map.

(Ord. 744 § 1 (part), 2005)

No parcel or tentative map filed pursuant to the provisions of this title shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of this title. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

(Ord. 744 § 1 (part), 2005)

Every map approved pursuant to this title shall be conditioned on compliance with the city grading ordinance.

(Ord. 744 § 1 (part), 2005)

Chapter 16.04 - DEFINITIONS

16.04.010 - Definitions generally.

Unless the context otherwise requires, the definitions in this chapter govern the construction of this title. The definitions in the zoning ordinance and the Subdivision Map Act also apply and are incorporated herein by reference.

(Ord. 744 § 1 (part), 2005)