Sebastopol Municipal Code Ch. 16.12 Maps Generally

A preliminary map, in addition to a tentative and final map, shall be required for all subdivisions creating 10 or more lots, or in the case of condominium and conversion projects 10 or more units, except for those subdivisions described in SMC 16.12.060.

A. A lot line adjustment map may be submitted and approved for a boundary adjustment which does not create a greater number of lots than originally existed if each of the proposed lots meets all the requirements of local building and zoning ordinances, this code, and the General Plan.

B. Applicants for a lot line adjustment approval shall submit to the Planning Department a completed application form signed by all parties having a record title interest in the involved property along with the following:

1. Copies of the recorded document that established each involved parcel as a legal parcel. For purposes of this subsection, parcels separated for assessment purposes are not legal parcels for purposes of processing a lot line adjustment;

2. Two copies of a preliminary title report concerning the property, not more than 30 days old;

3. Seven copies of a tentative lot line adjustment map accurately drawn to scale. Measurements shall be identified by feet, square feet or acres to the nearest tenth. The map shall be 24 by 36 inches in size and shall specifically show the following:

a. All exterior and interior lines shall be shown on the map and shall be identified by course and bearing description, based on survey data, calculated data, or information of record;

b. Proposed new lines and lines to be eliminated shall be so identified in written notation or by legend. Lines to be eliminated shall be dashed or otherwise drawn so as to be clearly distinguished from and subordinate to remaining new lines;

c. All existing structures shall be accurately located on the original parcels together with their dimensions, the distance between structures and the number of stories and height of each structure;

d. The distance from the existing structures to the boundary lines of the new parcel on which the structures are located;

e. The distance from existing wells, septic tank and leach fields to existing and proposed property lines;

f. The locations, purpose and width of all existing and proposed easements, streets and appurtenant utilities;

g. The approximate location of all watercourses and existing drainage structures;

h. A reference to prior parcel maps or prior lot line adjustments on the subject property;

i. A copy of any existing Williamson Act agreements affecting the parcels to be adjusted;

j. The assessor parcel numbers of all presently existing lots involved in the application;

4. The required fees and deposits.

C. Following a determination by the Planning Department that the application is complete, the matter shall be set for consideration by the Environmental Review Committee.

D. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the real property or his agent, and to the project applicant, if any.

E. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property immediately adjoining the property that is the subject of the hearing, as shown on the latest equalized assessment roll.

F. The documents submitted shall be reviewed by the Environmental Review Committee (ERC) who shall approve the lot line adjustment if they find each condition set forth in subsection A of this section is met. The ERC may impose conditions on their approval to conform to local zoning and building requirements or to facilitate the relocation of existing utilities, infrastructure or easements. The ERC’s decision shall be final unless appealed to the Planning Commission as provided in subsection G of this section.

G. Appeals of ERC’s action with respect to lot line adjustments shall be made to the Planning Commission in accordance with the provisions of Chapter 17.455 SMC. An appeal must be filed in writing within five days from issuance of the ERC’s decision on the matter, and be accompanied by any required fee. On appeal, the Planning Commission shall approve the lot line adjustment if it finds that each condition set forth in subsection A of this section is met. The Planning Commission may add, delete or modify conditions if the Planning Commission determines that such changes are necessary to ensure that the lot line adjustment conforms to the State Subdivision Map Act and this code.

H. For any specific project for which a lot line adjustment application is filed, the Planning Commission, rather than the Environmental Review Committee, shall approve, conditionally approve, or deny such application ordinarily subject to approval by the Environmental Review Committee if the application is submitted concurrently with an application requiring approval by the Planning Commission. Under such circumstance, the Planning Commission’s determination on the lot line adjustment request may be appealed to the City Council pursuant to Chapter 17.455 SMC. Any such appeal must be filed in writing within five days from issuance of the Planning Commission’s decision on the matter, and be accompanied by any required fee.

I. Following approval of the lot line adjustment and after satisfying all conditions of approval, the applicant shall submit to the City Engineer for review and approval revised deeds for transfer of the property and thereafter shall record the documents and submit copies of the recorded documents to the Planning Department. No record of survey shall be required unless required by Section 8762 of the Business and Professions Code. Subject to the approval of the City Engineer, in lieu of satisfying development conditions, the applicant may post a bond or other acceptable security satisfactory to the City in form and amount to secure applicant’s agreement to satisfy development conditions.

J. A lot line adjustment approval shall be valid for 18 months from the date of approval and if the revised lots are not a matter of record within that 18-month period, the approval shall expire. Such approval may be extended by the Environmental Review Committee for up to one year from the expiration date if an application for such extension is filed prior to the expiration date and if the Environmental Review Committee finds that the lot line adjustment is consistent with the then-existing General Plan and Zoning Ordinance and conforms to the then-existing improvement standards of this chapter. The Environmental Review Committee may condition its approval of the extension request to address issues of conformity as well as to address other potential impacts of the lot line adjustment. The ERC’s action on an extension shall be subject to appeal to the Planning Commission in accordance with the provisions of Chapter 17.455 SMC. An appeal must be filed in writing within five days from issuance of the ERC’s decision on the matter, and be accompanied by any required fee.

A. The Planning Commission may waive the requirement for a parcel map for the following:

1. Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees;

2. Division of real property resulting from the conveyance of land or any interest therein to or from the City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.;

3. Division of real property which has been merged pursuant to this chapter, the Subdivision Map Act or any prior ordinance of the City.

Any such waiver may only be approved if the Commission finds that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, this code, the General Plan and the State Subdivision Map Act. The City Council may reject the recommendation of the Planning Commission on appeal only if the City Council cannot make the foregoing findings.

B. When the requirement of a parcel map is waived but dedication for the purposes of street widening is necessary, such dedication shall be made by a separate instrument which shall be recorded.

C. A waiver may be conditioned to provide for, among other things, payment by the subdivider of parkland dedication, drainage, traffic and other fees permitted by law.

D. Upon the waiver of the parcel map requirement, pursuant to this section, the City Engineer shall file with the County Recorder a certificate of compliance for the land to be divided, in accordance with SMC 16.52.040, and a plat map showing the division.

E. A parcel map waiver approval shall be valid for 18 months from the date of approval and if the lots are not a matter of record within that 18-month period, the approval shall expire. Such approval may be extended by the Environmental Review Committee for up to one year from the expiration date if an application for such extension is filed in advance of the expiration date and if the Environmental Review Committee finds that the parcel map waiver is consistent with the then-existing General Plan and SMC Title 17, Zoning, and conforms to the then-existing improvement standards of this chapter. The Environmental Review Committee may condition its approval of the extension request to address issues of conformity as well as to address other potential impacts of the parcel map waiver. The ERC’s action on an extension shall be subject to appeal to the Planning Commission in accordance with the provisions of Chapter 17.455 SMC. An appeal must be filed in writing within five days from issuance of the ERC’s decision on the matter, and be accompanied by any required fee.

A map is not required for the sale of the entirety of a designated remainder or any omitted parcel; however, a certificate of compliance or conditional certificate of compliance shall be required.

A tentative map and a parcel map shall be required for all divisions of land into four or fewer parcels, except that maps shall not be required for:

A. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the State Public Utilities Code, which are created by short-term leases terminable by either party on not more than 30 days’ notice in writing.

B. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made by the Planning Director in individual cases, upon substantial evidence, that public policy necessitates a parcel map.

C. Parcel maps waived by the City in accordance with the provisions of SMC 16.12.030.

A tentative and final map shall be required for all divisions of land when determined by the Planning Director that such land may be divided into five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

A. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City; or

B. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway; or

C. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths; or

D. Each parcel created by the division has a gross area of not fewer than 40 acres or is not less than one quarter of a quarter section.

A parcel map shall be required for those subdivisions described in subsections A through D of this section, unless waived by the City in accordance with the provisions of SMC 16.12.030.

A. Except as may be specifically set forth in this chapter, vesting tentative maps and vesting tentative parcel maps shall be processed in accordance with the procedures and regulations governing nonvesting tentative maps and tentative parcel maps.

B. Approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development in accordance with the provisions of Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code. Such rights shall last for one year beyond the recording of the final or parcel map.