Windsor Municipal Code Art. 2 Definitions and Responsibilities

Block. The area of land within a subdivision that is entirely bounded by streets, highways or ways (except alleys), or the exterior boundary or boundaries of the subdivision.

Condominium. 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 the real property, such as a residence, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.

Conversion. The creation of separate ownership of existing real property together with a separate interest in space of residential, industrial or commercial buildings.

Design means:

a. Street alignments, grades and widths;

b. Drainage and sanitary facilities and utilities, including alignments and grades; water and recycled water;

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

d. Fire roads and firebreaks;

e. Lot size and configuration;

f. Traffic access;

g. Grading;

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

i. Other specific requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the General Plan, any applicable specific plan or area plan, or the Zoning Ordinance.

Development. The uses to which the land that is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of and construction on the land.

Environmental Impact Report (EIR). A detailed statement under the California Environmental Quality Act (CEQA) describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The contents of the EIR are described in Article 9, Section 15120 of the State CEQA Guidelines and the Town's CEQA Guidelines.

Final Map. A map showing a subdivision for which a tentative and final map are required by the Subdivision Map Act or this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act and designed to be recorded in the office of the County Recorder.

General Plan. The General Plan of the Town and any amendments or revisions.

Improvement. Any streets, storm drainage facilities, utilities, and landscaping to be installed, or agreed to be installed, by the subdivider on the land, as a condition precedent to the approval and acceptance of the final map, and to be used for public or private streets, parks, common areas, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs. Any other specific improvements or type of improvements, the installation of which, by the subdivider alone or in combination with public agencies, private utilities, or any other entity approved by the Town, is necessary to ensure consistency with or implementation of the General Plan or any applicable specific plan. Improvements shall be constructed in accordance with the Town of Windsor Design and Construction Standards and/or, when applicable, with standards as adopted by local utility companies and approved by the Town Engineer.

Lot. A parcel or portion of land separated from other parcels or portions by description, as on a subdivision, parcel, or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use.

Lot Line Adjustment. A minor shift or rotation of an existing lot line or other adjustments that do not create a greater number of parcels than originally existed, as approved by the Town Engineer or authorized representative.

Major Subdivision. A subdivision of five (5) or more parcels.

Merger. The joining of two (2) or more contiguous parcels of land under one ownership into one parcel.

Minor Subdivision. A subdivision of four (4) or fewer parcels.

Parcel Map. A map showing a division of land of four (4) or fewer parcels as required by this ordinance, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act.

Peripheral Street. An existing street the right-of-way of which is contiguous to the exterior boundary of the subdivision.

Remainder. That portion of an existing parcel that is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required tentative and final maps as part of the area surrounding subdivision development. When used in conjunction with a phased final or parcel map, a remainder refers to a portion of the subdivision, shown and authorized for phased development on the related approved tentative map, which the subdivider intends to defer.

Subdivider. A person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others. Employees and consultants of such persons or entities acting in that capacity are not "subdividers."

Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights-of-way. "Subdivision" includes a condominium project, as defined herein or in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, and the conversion of existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code. "Subdivision" includes any division of land by gift or inheritance (probate). Any conveyance of land to a governmental agency, public entity, public utility, including to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, shall not be considered a division of land for purposes of computing the number of parcels.

In determining the appropriate application and mapping procedures, the Planning Director and Town Engineer shall consider the number of lots proposed to be created by the subdivision, as well as the number of contiguous lots and of lots created by the previous subdivision of contiguous lots that the owner of the land to be subdivided either currently owns or had a financial interest in creating.

Subdivision Map Act (SMA). State of California Government Code Sections 66410 to 66499.

Tentative Map. A map made for the purpose of showing the design and improvements of a proposed major or minor subdivision and the existing conditions in and around it. The term "tentative map" includes a vesting tentative map.

Tentative Parcel Map. A tentative map for a subdivision of four (4) or fewer parcels.

Vesting Tentative Map. A map that meets the requirements of a tentative map and Article 12 and has the words "Vesting Tentative Map" printed on it. The vesting tentative map conveys development rights for subdivisions according to Article 12.

Zoning Ordinance. Title 17 of the Town of Windsor Municipal Code, or any ordinance enacted under zoning law.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. Town Council. The Town Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the Town of lands and improvements as may be proposed for dedication to the Town as part of subdivisions. The Town Council shall act as the appeal board for hearing appeals of the approval, conditional approval, or denial of tentative subdivision maps. The Town Council shall have final jurisdiction in the approval of any subdivision approvals that require legislative action, including but not limited to an amendment to the General Plan or Zoning Ordinance, or as otherwise provided for in the Town's Growth Control Ordinance.

b. Planning Commission. The Planning Commission shall be responsible for approving, conditionally approving, or denying the tentative map for major subdivisions. In the event that the Town Council has final jurisdiction over a subdivision application, the Planning Commission shall forward a recommendation to the Town Council regarding whether the application should be approved, conditionally approved, or denied. The Planning Commission shall hear appeals regarding minor subdivisions.

c. Town Engineer. The Town Engineer shall be responsible for:

1. Establishing design and construction details, standards, and specifications;

2. Determining whether proposed subdivision improvements comply with the provisions of this Chapter and the Subdivision Map Act and for reporting those findings together with any recommendations for approval or conditional approval of the tentative map to the Planning Director for subdivisions of five (5) or more parcels;

3. The processing of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers, and certificates of compliance;

4. Examining and stating that final maps are in substantial conformance with the approved tentative map;

5. The inspection and approval of subdivision improvements;

6. Final approval of parcel maps, including the acceptance of (1) dedications and improvements for minor subdivisions and (2) offsite dedications lying outside a subdivision boundary that require a separate grant deed.

7. The recording of a notice of completion of private subdivision improvements when not to be maintained by the Town.

d. Planning Director. The Planning Director shall be responsible for the management of the Planning Department in carrying out the responsibilities imposed upon it by this Chapter, as well as the following:

1. Investigating proposed subdivisions for conformity to the General Plan, specific plans, and the Town Zoning Ordinance, as well as reporting his/her findings together with recommendations for approval or conditional approval to the Planning Commission for subdivisions of five (5) or more parcels.

2. Stating, as Secretary of the Planning Commission, that the Planning Commission has approved or conditionally approved the tentative map for subdivisions of five (5) or more parcels.

3. Approving, conditionally approving, or denying tentative parcel maps for four (4) or fewer parcels.

e. Planning Department. The Planning Department shall be responsible for the processing of, tentative maps, and tentative parcel maps, and for the collection of all required deposits and fees.

f. Town Attorney. The Town Attorney shall be responsible for approving as to form all subdivision improvement agreements and other agreements and instruments related to the subdivision of land. Examples of documents requiring Town Attorney approval as to form include, but are not limited to, agreements for shared access or parking and declarations of covenants, conditions and restrictions ("CC&R's").

(Ord. No. 2009-253, § 2, 7-15-2009)