Sonoma Municipal Code Ch. 16.02 Subdivision Map Approval Requirements

This chapter determines when city approval of a tentative map, parcel or final map is required. (Ord. 06-2022 § 1, 2022).

Any subdivision of an existing parcel into two or more parcels shall generally require approval by the city in compliance with the provisions of this title. In general, the procedure for subdivision first requires the approval of a tentative map, and then the approval of a parcel map or final map to complete the subdivision process. The tentative map review process is used to evaluate the compliance of the proposed subdivision with the standards of this title, and the appropriateness of the proposed subdivision design. Parcel and final maps are precise engineering documents that detail the location and dimensions of all parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the county recorder.

A. Tentative Map Requirements. Any subdivision or resubdivision of land shall require the filing and approval of a tentative map (see Chapter 16.04 SMC, Tentative Map Filing and Processing), except as otherwise provided by SMC 16.02.030, Exemptions from subdivision approval requirements.

B. Parcel and Final Map Requirements. A parcel or final map shall be required as follows:

1. Parcel Map. The filing and approval of a parcel map (Chapter 16.05 SMC) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Map Act, Article 2, Chapter l, except for the following subdivisions:

a. Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the city planner determines based on substantial evidence that public policy necessitates a parcel map in an individual case;

b. Rail Right-of-Way Leases. Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Public Utilities Code Section 230, which are created by short-term leases (terminable by either party on not more than 30 days’ notice in writing); or

c. Waived Parcel Map. A subdivision that has been granted a waiver of parcel map requirements in compliance with SMC 16.05.030, Waiver of parcel map.

2. Final Map. The filing and approval of a final map (Chapter 16.05 SMC) shall be required for a subdivision of five or more parcels. (Ord. 06-2022 § 1, 2022).

As provided by Map Act, Article 1, Chapter 1, the following subdivisions do not require the filing or approval of tentative, parcel or final maps:

A. Agricultural Leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock.

B. Cellular Antenna Facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code Section 234, exclusively for the placement and operation of cellular radio transmission facilities, including antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other incidental equipment.

C. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code.

D. Commercial/Industrial Financing or Leases. The financing or leasing of:

1. Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or

2. The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if SMC Title 19, Division II, Community Design, requires a use permit for the project.

E. Condominium Conversions. The conversion of:

1. A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act Section 66412(g) or (h), respectively; or

2. The conversion of certain mobile home parks to condominiums in compliance with Map Act Section 66428(b).

F. Lot Line Adjustments. A lot line adjustment processed in compliance with Chapter 16.07 SMC, Lot Line Adjustments and Parcel Mergers.

G. Mineral Leases. Mineral, oil or gas leases.

H. Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way.

I. Rail Right-of-Way Leases. Short-term leases (terminable by either party on not more than 30 days’ notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined by Public Utilities Code Section 230, unless the city planner determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this title to the short-term lease.

J. Residential Financing or Leases. The financing or leasing of apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or “granny” units or residential second units in compliance with Government Code Sections 65852.1 or 65852.2, respectively.

K. Separate Assessments. Any separate assessment under Revenue and Taxation Code Section 2188.7.

L. Wind Energy Conversion Systems (WECS). The leasing of, or granting of an easement to a parcel or portion of a parcel in conjunction with the financing, installation, and sale or lease of a WECS, if the project is subject to discretionary action by the city. (Ord. 06-2022 § 1, 2022).

Any subdivision application deemed approved in compliance with Government Code Section 65956 or Map Act, Article 2, Chapter 3 (Government Code Section 66452 et seq.), shall be subject to all applicable provisions of this title which shall be satisfied by the subdivider before any building permits or land use permits are issued. Parcel or final maps filed for record after their tentative map is deemed approved shall remain subject to all the mandatory requirements of this title and the Map Act, including Map Act Sections 66473, 66473.5 and 66474. (Ord. 06-2022 § 1, 2022).

An exception to any of the provisions of this title may be requested by a subdivider in compliance with this section. An exception shall not be used to waive or modify provisions of the Map Act, or any provision of this title that is duplicated or paraphrased from the Map Act.

A. Application. An application for an exception shall be submitted on forms provided by the department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B. Filing and Processing. A request for an exception may be filed with the tentative map application to which it applies, or after approval of the tentative map. An exception shall be processed and acted upon in the same manner as the tentative map, concurrently with the tentative map if the exception request was filed at the same time; however, the decision on a request for an exception shall only be made by the city council. The approval of an exception shall not constitute approval of the tentative map and shall not extend the time limits for the expiration of the map established by SMC 16.04.140, Expiration of approved tentative map.

C. Approval of Exception. The council shall have the authority to approve or deny exception requests in compliance with this section. The council shall not grant an exception unless all the following findings are first made:

1. There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings;

2. The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this title;

3. The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

4. Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

5. The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable specific plan.

In granting an exception, the council shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA. (Ord. 06-2022 § 1, 2022).