Sonoma Municipal Code Ch. 16.13 Definitions

As used in this chapter, the following words or terms shall have the meaning set forth in this section. All definitions provided in the Subdivision Map Act and not set forth in this section shall also be applicable to this chapter and said definitions are hereby incorporated by this reference as though fully set forth herein. (Ord. 06-2022 § 1, 2022).

As used in this title, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise.

A. Definitions, “A.”

“Advisory agency” shall mean:

1. Subdivisions (five or more lots). The Sonoma planning commission shall constitute the “advisory agency” for tentative maps.

2. Land divisions (four or fewer lots). The planning and community services director shall constitute the “advisory agency” for land divisions.

“Archaeologic site” shall mean prehistoric cultural soil and/or artifacts. The term includes Indian middens.

B. Definitions, “B.” No specialized terms beginning with the letter “B” are used at this time.

C. Definitions, “C.”

“Certificate of compliance” shall mean a document which identifies real property and states that the division thereof complies with applicable provisions of the Subdivision Map Act and local ordinances.

“City” shall mean the city of Sonoma, Sonoma County, California.

“City engineer” shall mean the city engineer of the city of Sonoma or his authorized representative.

“Community apartment” shall mean a development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment located therein. Community apartments shall be subject to the same restrictions and conditions set forth in this title for condominiums.

“Community development director” shall mean the director of the city of Sonoma, department of community development or his authorized representative.

“Conditional certificate of compliance” shall mean a document which identifies real property, states that it does not comply with the applicable provisions of the Subdivision Map Act or local ordinances and describes those conditions which must be met for a certificate of compliance to be granted.

“Condominium” shall mean 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. (As defined in Civil Code Section 783.) Condominium, as used herein, includes “community apartment” and “stock cooperative.”

“Condominium conversion” shall mean the development or use of the land and existing structures as a condominium project regardless of the present or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structures.

“Condominium project” shall mean the entire parcel of real property, including all structures thereon, to be divided into two or more units for the purpose of constructing or converting existing structures to condominium units.

“Critically expansive soils or other soils problems” shall mean soil conditions which can cause damage to improvements, including streets, structures and buildings.

D. Definitions, “D.”

“Department of community development” shall mean the department of city government comprised of engineering, building inspection, planning, and maintenance divisions.

E. Definitions, “E.”

“EIR” shall mean environmental impact report.

“Engineer” shall mean a civil engineer licensed by the state of California responsible for the preparation of maps and improvement plans hereinafter required for the purpose of subdividing land.

F. Definitions, “F.” No specialized terms beginning with the letter “F” are used at this time.

G. Definitions, “G.”

“General Plan” shall mean the General Plan of the City of Sonoma and any amendment or revision thereto.

H. Definitions, “H.”

“Historic landmark” shall mean a place including buildings or structures which has been officially listed as an historic landmark on the federal or state registry of historic landmarks.

I. Definitions, “I.”

“Improvement plan” shall mean an engineering plan, submitted by a civil engineer, showing location and construction details of all improvements required or intended for the subdivision.

“Improvements” shall mean street work, utilities, and other facilities including but not limited to: landscaping; pedestrian, equestrian and bike ways; retaining walls; steps; ramps; curbing; parking areas; etc., required to be installed or approved to be installed by the subdivider and used for public or private purposes.

J. Definitions, “J.” No specialized terms beginning with the letter “J” are used at this time.

K. Definitions, “K.” No specialized terms beginning with the letter “K” are used at this time.

L. Definitions, “L.”

“Land division” shall mean the subdivision of property which results in four or fewer lots and includes lot line adjustments where no new lots are created.

“Licensed land surveyor” shall mean any person licensed under the state of California Business and Professions Code to do land surveying.

“Lot” shall mean a single unsubdivided area of land whose boundaries have been sanctioned through the applicable subdivision process such that it has been developed or is developable as a single independent site.

“Lot line adjustment” shall mean the alteration of property lines without the creation of new lot or parcel.

M. Definitions, “M.” Merger. See definition of “Subdivision.”

N. Definitions, “N.” No specialized terms beginning with the letter “N” are used at this time.

O. Definitions, “O.”

“Open space” shall mean land used for the preservation of natural resources, the managed production of resources, outdoor recreation, or public health and safety as defined in Section 65560 of the Government Code.

“Owner” shall mean a person with sufficient interest in the property proposed for subdivision or development through fee title, power of attorney, or trusteeship to commit the property for sale, lease, financing or use.

P. Definitions, “P.”

“Parcel” shall mean a specific area of land or space as in condominium, identified through the Sonoma County assessor’s office as a separate unit for tax purposes. A parcel is not necessarily an independently developable lot or site.

“Parcel map” shall mean a map prepared in accordance with the provisions of this title and the Subdivision Map Act for a land division which map is prepared for filing in office of the recorder of Sonoma County.

“Planning commission” shall mean the city of Sonoma planning commission.

Q. Definitions, “Q.” No specialized terms beginning with the letter “Q” are used at this time.

R. Definitions, “R.”

“Record of survey” shall mean a map, prepared by a registered civil engineer or licensed land surveyor, for recording by the recorder of Sonoma County, depicting a field survey of land in conformance with Sections 8763 and 8764 of the state of California Land Surveyors Act.

“Reversion to acreage” shall mean the process whereby undesired and unnecessary property lines, easements, and other mapped or recorded elements are removed from property by recording of a map prepared in accordance with the provisions of this title for the purpose of reverting subdivided land to acreage.

S. Definitions, “S.”

“Safety hazard” shall mean a condition or conditions affecting land or property which pose potential for physical damage to property or improvements and indirect potential for personal injury or loss of life which cannot be resolved consistent with the general plan or applicable specific plans.

“Soil report” shall mean an investigation and analysis of the geology and soils of the proposed development. Such report shall be prepared by a registered civil engineer who specializes in soil engineering. The report shall contain recommendations for proposed grading, subsurface drainage, building foundation, retaining walls, street design and all corrective and preventive work necessary to minimize or eliminate hazards related to soils and geology.

“Stock cooperative” shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. (As defined in Business and Professions Code Section 1103.2.)

“Subdivider” shall mean a person, firm, corporation, partnership or association proposing to divide, dividing, or causing to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

“Subdivision” shall mean 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, gift, transfer, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes (or short-term leases which can be cancelled by the lessee or lessor with 30 days’ notice). 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 1350 of the Civil Code, a stock cooperative as defined by Section 11003.2 of the Business and Professions Code, or any community apartment project as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility or subsidiary of a public utility for conveyance to such public utility for rights-of-way 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 Map Act” shall mean California state law currently contained in Government Code Section 66410 et seq.

T. Definitions, “T.”

“Tentative map” shall mean and refer to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based on an accurate or detailed final survey of the property.

U. Definitions, “U.” No specialized terms beginning with the letter “U” are used at this time.

V. Definitions, “V.” No specialized terms beginning with the letter “V” are used at this time.

W. Definitions, “W.” No specialized terms beginning with the letter “W” are used at this time.

X. Definitions, “X.” No specialized terms beginning with the letter “X” are used at this time.

Y. Definitions, “Y.” No specialized terms beginning with the letter “Y” are used at this time.

Z. Definitions, “Z.” No specialized terms beginning with the letter “Z” are used at this time. (Ord. 06-2022 § 1, 2022).