Windsor Municipal Code Art. 3 Maps Required

The necessity for tentative, final, and parcel maps shall be governed by the provisions of this Chapter.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. Both a tentative map and a final map shall be required for all divisions of land when determined by the Planning Department that such land may be divided into five (5) or more parcels, five (5) or more condominiums, as defined in Section 783 of the State Civil Code, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, unless:

1. The land before division contains fewer than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body;

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

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

4. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter (¼) of a quarter (¼) section.

5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2.

b. A tentative parcel map and a parcel map shall be required for subdivisions described above in subsections (1), (2), (3), (4), and (5).

(Ord. No. 2009-253, § 2, 7-15-2009)

a. A tentative map and parcel map shall be required for all divisions of land into four (4) or fewer parcels, except that such maps shall not be required for:

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

2. Land conveyed to or from a governmental agency, public entity, or public utility; or

3. Land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way.

4. Lot line adjustments, provided:

(A) No additional parcels or building sites have been created;

(B) There are no resulting violations of the Windsor Municipal Code;

(C) The applicant conforms to all conditions imposed on the approval of the lot line adjustment.

5. Parcel maps waived by the Town Engineer as provided by Section 16-8-520.

b. The exceptions in subparagraphs (a)(2) and (3) above shall not apply if a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. The foregoing exemption shall only apply if, prior to the conveyance, the owner of the subject land complies with this Section. The owner shall submit an application for exemption in the form and with such information as is required by the Town Engineer. Upon receipt of a complete application by the Planning Director, the Planning Director shall either determine that the exemption applies, determine that the exemption applies subject to conditions, or determine that public policy necessitates a parcel map. In making that determination, the Planning Director shall consider any written materials submitted by the applicant or any interested party. The Planning Director shall notify the applicant of the determination in writing. If the Planning Director determines that a parcel map is necessary, the applicant shall not subdivide the subject land without obtaining Town approval of a parcel map pursuant to this Chapter. Notwithstanding the foregoing, a tentative map and parcel map for a division of land into four (4) or fewer parcels shall not be required for the dedication of land to a governmental agency, public entity, or public utility that is required by the Town as a condition of approval of a development project.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. Lot line adjustments shall be prepared and processed in accordance with the procedures and criteria set forth in this section:

1. Applications must include an accurate site plan that depicts, for each parcel involved, the location, nature, and extent of existing structures, utilities, infrastructure, sewage systems, water systems, drainage systems, easements, and any other information required by the Town.

2. The Town may require a title report for parcels to be adjusted and shall require the written consent of the owners of all parcels identified in the title report.

3. The Town may require a record of survey in conjunction with a lot line adjustment if required by Section 8762 of the Business and Professions Code.

4. Up to four (4) adjoining parcels may be adjusted or reconfigured under lot line adjustment procedures. For the purposes of this section, "adjoining" properties means lots with contiguous boundaries and not separated by a public street.

5. If the parcels to be adjusted are in different zoning districts, the applicant must file the necessary zone change application prior to or concurrent with the lot line adjustment application.

6. Applications for lot line adjustments must include a request for the voluntary merger of any antiquated parcels underlying the property.

7. The Town Engineer processes and approves all lot line adjustment applications, with the following exceptions:

(A) When the boundaries of the one of the lots to be adjusted is conterminous with a zoning district boundary, and the lot line adjustment will change the boundary of the zoning district, the applicant must also submit an application for a zoning amendment. In that case, the Town Council shall have final approval authority for the lot line adjustment, and the Planning Commission shall make a recommendation on both the zoning amendment and the lot line adjustment.

(B) When the lot line adjustment application is part of a broader request for entitlements.

In either of the foregoing cases, the Planning Department shall process the lot line adjustment application with the other legislative or entitlement requests.

8. The Town Engineer shall refer the lot line adjustment application to the Planning Director, Building Official and any other department or agency he or she determines appropriate for comment.

b. Consistent with Government Code Section 66412, the Town may impose conditions, including but not limited to construction and dedication of improvements and exactions, upon a lot line adjustment.

1. The Town may impose conditions on a lot line adjustment as necessary to achieve conformity with the General Plan, applicable specific plans and area plans, the Zoning Ordinance, the Growth Control Ordinance, and building ordinances.

(A) The General Plan contains policies requiring new development to pay its fair share of required services and infrastructure in a timely manner (e.g. Community Services and Facilities Policy E.2 in the Town of Windsor General Plan—2015). The Town's specific plans and area plans contain similar policies related to the specific needs of the portions of the Town regulated by those plans.

(B) The frontage improvement and dedication requirements for new development contained in Chapter 2 of Title 16 of the Windsor Municipal Code are an implementation of the policies in the General Plan and therefore applicable to lot line adjustments.

(C) Because lot line adjustments further the development potential of the affected properties, the Town may impose conditions of approval as necessary to ensure that lot line adjustments as necessary to comply with applicable provisions of the General Plan, specific plans, area plans, the Zoning Ordinance, the Growth Control Ordinance, and building ordinances. The nature and extent of such conditions may be appealed as provided for in this Chapter.

(D) Existing restrictions imposed upon the parcels as a result of a recorded subdivision map (including notes, setbacks, and easements) shall be carried forward and recorded as part of the lot line adjustment in a form approved by the Town Engineer. This may include preparation of exhibits as determined necessary.

2. The Town may require prepayment of real property taxes prior to the approval of a lot line adjustment.

3. The Town may require the applicant to take any action that the approving body considers necessary to facilitate relocation of existing utilities, infrastructure, or easements.

4. Lot line adjustments shall be conditioned to require the subdivider to provide the following to the Town prior to final approval of the grant deeds creating the new property descriptions:

(A) Submittal of a Combining Agreement, approved by the Sonoma County Assessor's Office showing the combination of lots as per the approved map.

(B) Verification that all taxes that are a lien on the affected parcel and then payable have been paid to the Sonoma County Treasurer/Tax Collector's Office.

(C) Legal descriptions of the new parcel configurations.

(D) Title company verification that documents have been prepared to establish conformance of any deed of trust agreements to the adjusted lot boundaries and will be recorded under supervision of the title company concurrently with the lot line adjustment deeds.

c. An application for a lot line adjustment may be denied if it is determined that the adjustment would create the potential for an increase in density beyond the limit established for the area or would in any way detrimentally conflict with the Town's growth control regulations.

d. If the Planning Director believes the circumstances warrant such action, he/she may request that the Planning Commission decide whether to approve, conditionally approve, or deny an application for a lot line adjustment.

e. If the Planning Director, Town Engineer, or Planning Commission denies an application for a lot line adjustment, the applicant may appeal the decision as provided for in section 16-8-500(g) or 16-8-400(g), respectively.

f. All lot line adjustment approvals shall expire two years from their approval date. The owner of the affected property may apply for a single one-year extension. Any lot line adjustment not effectuated within two (2) years of approval, or after any extension, shall expire automatically, and a new application shall be required.

(Ord. No. 2009-253, § 2, 7-15-2009)

a. Resubdivision of Condominium Airspace or Other Elements of a Condominium Plan. Resubdivision of airspace or other ownership or exclusive use areas created as part of a condominium plan shall be processed and reviewed in the same manner as major or minor subdivisions. An approved resubdivision shall be recorded as an amendment to the condominium plan if the resubdivision affects unit descriptions and either individual property owner or property owners association responsibilities, an amendment to the CC&Rs for the subdivision is also required. Approval by the owners association shall be provided upon application and for any documents revisions prior to authorization to record the amendment to the condominium plan.

b. Adjustments of Condominium Airspace or Other Elements of a Condominium Plan. Adjustments to airspace exclusive use areas or other ownership areas created as part of a condominium plan shall be processed and reviewed in the same manner as lot line adjustments. An approved adjustment shall be recorded as an amendment to the condominium plan if the resubdivision affects unit descriptions and either individual property owner or property owners association responsibilities, an amendment to the CC&Rs for the subdivision is also required. Approval by the owners association shall be provided upon application and for any documents revisions prior to authorization to record the amendment to the condominium plan.

(Ord. No. 2009-253, § 2, 7-15-2009)

A plat exhibit may be required to accompany lot line adjustments, mergers, certificates of compliance, amendments to condominium plans and parcel map waivers. The plat exhibit shall be drawn to scale, shall be fully annotated and shall include and clearly define all streets, improvements, lot lines, lot boundaries, easements and any encroachments within the subject property(s). Deviations from this requirement shall require approval from the Town Engineer

(Ord. No. 2009-253, § 2, 7-15-2009)

All persons submitting maps as required by this Chapter shall pay all fees and/or deposits as provided by the Town's resolution establishing fees and charges.

(Ord. No. 2009-253, § 2, 7-15-2009)