Sonoma Municipal Code Ch. 16.01 Applicability and Administration of Subdivision Regulations

This title shall be known as the city of Sonoma subdivision ordinance, hereafter referred to as “this title” or “this subdivision ordinance.” (Ord. 06-2022 § 1, 2022).

The provisions of this title are intended to supplement, implement, and work with the Subdivision Map Act, Government Code Section 66410 et seq. (hereafter referred to as the “Map Act”). This title is not intended to replace the Map Act and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and construction of proposed subdivisions. (Ord. 06-2022 § 1, 2022).

This subdivision ordinance is adopted in compliance with the Map Act as a “local ordinance,” as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this title shall, nevertheless, apply to all subdivision maps and proceedings under this title. (Ord. 06-2022 § 1, 2022).

A. Subdivision Approval Required. All subdivisions within the city shall be authorized through the approval of a map or other entitlement in compliance with Chapter 16.02 SMC, Subdivision Map Approval Requirements, and all other applicable provisions of this title.

B. Conflicts with Map Act. In the event of any conflicts between the provisions of this title and the Map Act, the Map Act shall control.

C. Compliance with Other Regulations Required. The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in the development code, or as an approval to proceed with any development in violation of other applicable provisions of the municipal code or other applicable ordinances or regulations of the city. (Ord. 06-2022 § 1, 2022).

The city planner and city engineer are authorized and directed to administer and enforce the provisions of this title and applicable provisions of the Map Act for subdivisions within the city, except as otherwise provided by this title. (Ord. 06-2022 § 1, 2022).

A. Composition of Advisory Agency. An advisory agency as described in the Map Act is hereby established. The advisory agency shall consist of: the city planner, the city engineer, and the city manager.

B. Authority and Duties. The advisory agency shall perform the following duties, and as further detailed in SMC 16.01.070, Authority for subdivision decisions:

1. Recommend to the council the approval, conditional approval, or disapproval of requests for modification of the design and improvement standards of this title in compliance with SMC 16.02.050, Exceptions to subdivision standards;

2. Recommend modifications of the requirements of this title;

3. Review and make recommendations concerning proposed subdivisions in the unincorporated areas of Sonoma County in compliance with the provisions of the Map Act when the advisory agency has elected to do so;

4. Approve, conditionally approve, or disapprove parcel map waiver applications in compliance with SMC 16.05.030, Waiver of parcel map; and

5. Perform additional duties and exercise additional authorities as prescribed by law and by this title. (Ord. 06-2022 § 1, 2022).

Table 16-1, Review Authority for Subdivision Permits, identifies the city official or authority responsible for reviewing and making decisions on each type of subdivision application and other decisions required by this title.

Table 16-1. Review Authority for Subdivision Permits1

Notes:

1.The review authority for planning permits is set forth in Table 5-1 (SMC 19.52.060, Initial application review).

2.“Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 19.84 SMC, Appeals.

(Ord. 06-2022 § 1, 2022).

A. Notification of City Planner. Any city officer or employee who has knowledge that real property has been divided in violation of the Map Act or this title shall immediately notify the city planner.

B. Notice of Violation. Upon the city planner receiving information from any source that real property has been divided in violation of the Map Act or this title, the city shall take the actions described in Map Act Section 66499.36.

C. Permit Issuance Prohibited. No commission, officer, or employee of the city shall issue any permit or certificate, or grant any approval necessary to develop any real property within the city if it is known or suspected that the property was divided, or resulted from a division, in violation of the provisions of the Map Act or this title. (Ord. 06-2022 § 1, 2022).