Sebastopol Municipal Code Ch. 16.08 Definitions

Definitions hereinafter set forth shall be supplementary to the definitions contained in the State Subdivision Map Act. For the purposes of this chapter and the State Subdivision Map Act, the following words and phrases shall be construed as defined herein.

A division of the space above or below a lot, or partially above and below a lot, having finite width, length, and upper and lower elevations, occupied or to be occupied by a use, building or portion thereof, group of buildings or portions thereof, accessory buildings or portions thereof, or accessory uses. An air space lot shall be identified with a separate and distinct number or letter on a final subdivision map or parcel map recorded in the office of the County Recorder.

A “certificate of compliance” is prepared by the City and states whether the real property complies with the Subdivision Map Act and the provisions of this chapter. The certificate of compliance identifies the real property and county in which the property is located. The certificate of compliance shall be recorded at the County Recorder’s office.

“Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property.

A “day” is the period of time between any midnight and midnight following. The time in which any act provided by this chapter is to be performed is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. If City offices are closed for the whole of any day, that day shall be considered a holiday. When this chapter prescribes filing deadlines, all acts necessary to complete filing must be completed no later than 5:00 p.m. of the last day or such earlier time as City offices may officially close for the day.

“Design” means:

A. Street alignments, grades, and widths;

B. Drainage, water, sewer and sanitary facilities and utilities, including alignments and grades;

C. Location and size of all required easements and rights-of-way;

D. Fire roads and fire breaks;

E. Lot size and configuration;

F. Vehicular, pedestrian and bicycle traffic access;

G. Grading;

H. Land to be dedicated for park or recreational purposes; and

I. Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.

“Designated remainder” means a designated portion of a subdivision that is not divided for the purpose of sale, lease or financing.

“Easements” means dedicated or recorded rights-of-way for purposes of access, drainage facilities, public utilities, vehicular or pedestrian ways, bike paths, riding or biking trails, or other necessary uses or facilities located outside of the street right-of-way, which shall be continuing and irrevocable unless formally abandoned by the City.

The Environmental Review Committee consists of the Planning Director, the City Engineer, the Public Works Director, the Building Official, the Fire Chief, and the Public Works Analyst. Any member may designate an alternate. (Ord. 1153 § 2, 2025)

A “final map” is a map showing a subdivision of five or more parcels for which a tentative and final map are required by the State Subdivision Map Act or this chapter and prepared in accordance with this chapter and the State Subdivision Map Act and designed to be filed for recordation in the office of the County Recorder.

“Improvement” means streets, sidewalks, storm drainage facilities, water and sewer facilities, utilities, and landscaping to be installed by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage and utility needs and for acceptance of the final map thereof. “Improvement” also means other specific improvements or types of improvements, the installation of which, either by or by a combination of the subdivider, public agencies, private utilities, or any other entity approved by the City, is necessary to ensure consistency with or implementation of the General Plan or any applicable specific plan.

“Lot” or “parcel” is a unit or portion of land, or a condominium, stock cooperative or community apartment unit which is separate from other units or portions by description and which has been created under the provisions of the State Subdivision Map Act or any prior law regulating the division of land or local ordinance enacted pursuant thereto or was created prior to the time any local or State law regulated such division.

A “lot line adjustment” is a reorientation of an existing lot line between two or more existing adjacent 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 thereby created.

A “merger” is the joining of two or more contiguous parcels of land under one ownership into one parcel.

A “parcel map” is a map showing a subdivision of four or fewer parcels as required by this chapter and the State Subdivision Map Act and prepared in accordance with this chapter and the State Subdivision Map Act and designed for recordation in the office of the County Recorder.

A “preliminary map” is a map prepared for the purpose of showing the design and improvement of a proposed subdivision of 10 or more lots, filed with the Planning Department prior to the preparation and filing of an application for tentative map. Such map may, but need not be, based upon an accurate and detailed field survey of the property.

“Reversion to acreage” means the filing of a map prepared in accordance with the provisions of the Subdivision Map Act and this chapter for the purpose of reverting subdivided lands to acreage.

“Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided, real property into a subdivision for oneself or for others.

“Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of sale, lease, financing, transfer, gift or any other purpose, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project as defined in Section 1351(f) of the Civil Code; a community apartment project, as defined in Section 1351(d) of the Civil Code; the conversion of existing dwelling units to a stock cooperative as defined in Section 1351(m) of the Civil Code; or a community apartment project as defined in Section 11004 of the State Business and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. As used in this section, “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock. “Subdivision” does not include those projects excluded by Government Code Sections 66412, 66412.1, and 66412.2.

A “tentative map” is a map prepared for the purpose of showing the design and improvement of a proposed subdivision by a final map, and the existing conditions in and around it.

A “tentative parcel map” is a map prepared for the purpose of showing the design and improvement of a proposed subdivision by a parcel map, and the existing conditions in and around it.

A “vesting tentative map” is a tentative or tentative parcel map that has printed conspicuously on its face at time of submittal the words “Vesting Tentative Map” or “Vesting Tentative Parcel Map.”

“Waiver of parcel map” is a procedure whereby the City waives the requirement for a parcel map.

The definitions and meanings of all other terms as contained in the Subdivision Map Act and this code, including SMC Title 17, Zoning, are hereby incorporated herein, unless otherwise specifically defined.