Sebastopol Municipal Code Ch. 16.04 General Provisions

This chapter is adopted to supplement and implement the State Subdivision Map Act and may be cited as the “Subdivision Ordinance of the City of Sebastopol.” The provisions of this chapter which are mandated by the State Subdivision Map Act are subject to change without notice or action by the City in the event the State Legislature amends such Act.

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 State Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the State Subdivision Map Act and the procedure to be followed in securing the official approval of the City of Sebastopol regarding such maps. The intent of this chapter is to encourage orderly development and to ensure that appropriate public improvements are provided. To accomplish these purposes, the regulations outlined in this chapter are determined to be those reasonably necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth, development, open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services and to promote and implement the General Plan. The requirements of this chapter are in addition to all other requirements.

A. No land may be subdivided or developed for a purpose which is inconsistent with the City’s General Plan, any applicable specific plan, SMC Title 17, Zoning, or other applicable provisions of the City code.

B. The type and intensity of land use as shown on the General Plan, any applicable specific plan and SMC Title 17, Zoning, shall determine, together with the State Subdivision Map Act and the requirements of this chapter, the type of streets, roads, highways, utilities and other public services that shall be provided by the subdivider.

C. The City may not approve a subdivision of land unless the subdivider establishes that the subdivision and construction of improvements will be appropriately timed and phased such that the development will be supported by adequate facilities and services, and such that appropriate measures can be taken to mitigate adverse environmental impacts. Adequacy of facilities and services shall be determined in accord with (1) the planned long-term build-out of the community as provided in capital improvement programs in which facilities are actually available or funded, and (2) the General Plan element in effect at the time of considering the application.

The regulations set forth in this chapter shall apply to all subdivisions or parts thereof in the City and to the preparation of subdivision maps and to all other maps provided for by the State Subdivision Map Act or this chapter.

“Advisory agency” means a designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposition of requirements or conditions thereon, or having the authority to approve, conditionally approve, or disapprove maps.

In accordance with the provisions of the Subdivision Map Act, no final map or parcel map required by this chapter shall be filed with the City without the written consent of all parties having any record title interest in the real property proposed to be subdivided.

A. The City Council may waive or modify any of the requirements and regulations set forth in this chapter. Application for any such waivers or modifications shall be made in writing by the subdivider, stating fully the grounds of the application and the facts relied upon by the subdivider. Such application shall be filed with the tentative map or tentative parcel map application. In order for the property referred to in the application to come within the provisions of this section, the City Council shall find that the granting of the modification will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated, and that:

1. There are special circumstances or conditions affecting the property; or

2. The waiver or modification will improve the overall subdivision design; or

3. The property is to be devoted to such use that it is impossible or impracticable in the particular case for the subdivider to comply fully.

B. In approving waivers or modifications, lots which are in conflict with the standards of SMC Title 17, Zoning, shall not be created.

C. The City Council shall specifically and fully set forth the modification and the conditions designated.

D. In all cases in which such modifications are authorized, the City Council shall require such evidence as it deems necessary that the conditions required in connection with such modifications will be met.

Subdivisions are projects subject to environmental review in accordance with the California Environmental Quality Act, State guidelines, this code and the implementing rules and procedures adopted by the City Council.

A. No application, map, appeal or other requests for City action shall be considered filed pursuant to this chapter without payment of the established fee or a deposit estimated to cover all of City’s costs as based upon the rates set by resolution of the City Council, whichever is applicable, unless the fees and/or deposits have been waived by action of the City Council or the applicant is a public entity exempted from payment of such fees as determined by the City Manager.

B. The Planning Director may prescribe various application and appeal forms and all applications and appeals shall be made on such forms.

Whenever a public hearing is required by this chapter, notice of such public hearing shall be given by the City pursuant to Government Code Section 66451.3, including publication at least 10 days prior to the hearing in a newspaper of general circulation; mailing at least 10 days prior to the hearing of the notice to the owner of the subject real property; mailing of the notice at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly altered; and mailing of the notice at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing, except that notice shall be provided to owners within 600 feet of the real property for subdivisions of five or more parcels. The Planning Director may give such additional notice as he or she deems advisable. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this chapter.

Except as may be limited by State law, any time limits specified by law may be extended by mutual consent of the subdivider and the City.

All applicants for tentative maps and tentative parcel maps shall concurrently submit applications for all other discretionary approvals, including, but not limited to, conditional use permits, variances, rezonings, and General Plan amendments.

A. Building Official. The Building Official shall make a determination that the proposed on-site improvements which are not required as a condition of tentative map approval are consistent with the current building regulations and standards and shall be responsible for the inspection and approval of the design and construction thereof.

B. City Attorney. The City Attorney’s responsibilities shall include approving as to form all subdivision improvement agreements and security and all governing documents for a common interest development.

C. City Council. The City Council has final jurisdiction in the approval, conditional approval or denial of tentative and final subdivision maps, the establishment of design and improvement standards, and the acceptance or rejection of lands, easements and improvements proposed for dedication. The City Council shall also establish by resolution the various fees to be charged by the City in connection with this chapter.

D. City Engineer. The City Engineer shall:

1. Establish design and construction details, standards and specifications;

2. Determine that the proposed public improvements necessitated as a function of the tentative map or private improvements specifically required by the City Engineer to fulfill the intent of the approved tentative map are consistent with the regulations contained herein and be responsible for supervision and ultimate approval of the design and construction of all such improvements;

3. Process final maps, parcel maps, reversion to acreage maps and amended maps and the processing and approval of subdivision improvement plans;

4. Examine and determine that final maps and parcel maps are in substantial compliance with the approved tentative map;

5. Approve proposed addresses and street names subject to the concurrence of the Fire Chief;

6. Approve subdivision improvement agreements subject also to the review and approval of the City Attorney;

7. Inspect, approve and accept subdivision improvements.

E. Environmental Review Committee. The Environmental Review Committee shall act as the “advisory agency” for the City with respect to lot line adjustments, voluntary mergers and certificates of compliance and shall in addition carry out such other responsibilities set forth in this chapter or delegated by the Planning Commission or City Council.

F. Planning Commission. The Planning Commission shall act as the “advisory agency” to the City Council with respect to subdivisions as provided in the Subdivision Map Act. The Planning Commission shall consider investigations and reports on the design and improvement of proposed subdivisions and the conformance of such subdivisions with the California Environmental Quality Act, the General Plan, this chapter, and the Subdivision Map Act. The Planning Commission shall also consider the written reports of public agencies whose services will be required in those areas which are subdivided under the regulations herein and take into account the requirements of such agencies with regard to a proposed subdivision. The Planning Commission shall have all the powers and duties with respect to tentative maps and the procedures relating thereto which are specified by law and by this chapter, subject to final review by the City Council. The Planning Commission has the authority to recommend the design, kinds, nature, and extent of dedications and improvements required to be installed in connection therewith, consistent with the requirements of this chapter, to the City Council.

G. Planning Department. Upon receipt of any subdivision proposal, the Planning Department shall be responsible for the design analysis and the expeditious processing of tentative maps and referral thereof to other governmental boards, commissions, departments, agencies and affected utility companies, both public and private. The Planning Department shall also report actions of the Planning Commission and City Council on a subdivision application to the subdivider.

H. Subdivider. The subdivider shall cause to be prepared maps consistent with the adopted design of the City, shall install improvements required as a condition of subdividing, such improvements to be consistent with the improvement standards of the City, and shall process such maps in accordance with the regulations set forth herein.