Windsor Municipal Code Art. 4 Subdivision of Five or More

16-8-400 - Tentative Maps.¶

a. General. The form and contents, submittal and approval of a tentative map for subdivisions of five (5) or more parcels shall be governed by the provisions of this Section. Any application for a vesting tentative map shall be subject to the provisions of Article 12 in addition to this Article.

b. Form and Contents. The tentative map shall be prepared in a manner acceptable to the Planning Department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn on sheets no larger than 24" × 36", stapled in sets, and folded to a maximum size of 9" × 12". The tentative map shall contain all of the following information:

General Information

(A) North arrow.

(B) Scale of drawings. Minimum scale is one inch = 100 feet for parcels of more than 20 acres and one inch = 50 feet for parcels of less than 20 acres.

(D) Name and address of owner(s).

(E) Name and address of subdivider.

(F) Name, address and license number of civil engineer and land surveyor.

(G) Area in acres of subdivision.

(H) Vicinity map that depicts the location of the property from nearest arterial road; no scale is required. The depiction shall include roads, adjoining subdivisions, towns, creeks, railroads, driveways within one hundred (100) feet of the subdivided property, and other data sufficient to locate the proposed subdivision and show its relation to the community.

(I) Boundaries of the site.

(J) A title that shall contain the subdivision name, type of subdivision (e.g. "Tentative Map" or "Vesting Tentative Map"), number and type of lots (e.g. commercial, residential, public), address, Assessor's Parcel Number, and date of preparation.

(K) Existing and proposed land uses and zoning districts.

(L) A title that shall contain the subdivision number, subdivision name, and type of subdivision, and the date of preparation.

(M) Town Boundary and local fire and school district boundaries, when abutting or crossing the site.

Existing Features

(A) Clear delineation of subdivision boundaries (with distances and bearings). Include the names of adjoining subdivisions and property owners, along with assessor's parcel numbers.

(B) Topographic contours of the site at one-foot intervals, unless otherwise authorized by the Town Engineer, including the adjoining ground for at least one hundred (100) feet beyond the project boundaries. Topographic contours may be required to extend beyond one hundred (100) feet to illustrate the extent of drainage impacts.

(D) Water courses and open drainage channels: width to the nearest foot, direction of flow, existing improvements, approximate boundaries areas subject to inundation.

(E) Locations and species of all trees six (6) inches or greater in trunk diameter, measured four point five (4.5) feet above ground level and an indication of whether they are to be removed or protected. A tree protection plan may be required.

(F) Locations of on-site buildings and structures and an indication of whether they are to be removed or retained. For structures to remain, include their outside dimensions, use(s), and distances between buildings and proposed streets and lot lines.

(G) Locations of wells and septic systems with notations that they are to be removed.

(H) Locations and sizes of existing on-site sewer, water, street lighting, fire hydrants, utility lines, gas lines and storm drain facilities, or nearest off-site connections.

(I) Locations and sizes of existing on-site sewer connections to existing buildings with notations as to whether the services are to be retained, replaced or removed.

(J) Locations, names and existing widths of all adjoining and contiguous highways, streets, alleys and sidewalks. Notate all private highways, streets, alleys and sidewalks.

(K) Locations and widths of easements, and a statement of purpose (access, storm drainage, etc.) and ownership.

(L) Locations of any public areas.

(M) The approximate location of any identified wetlands.

(N) The following statement shall be included on the tentative map: "The project engineer has reviewed all applicable lists of potential hazardous waste sites in accordance with Section 65962.5 of the Government Code, including those of the Department of Toxic Substances Control, the State Water Resources Control Board, the State Department of Health Services, and the Sonoma County Department of Environmental Health, and finds that (either): 1) no hazardous materials are presently known or identified on the lands included within this subdivision, or 2) any known or identified sites are analyzed in a Phase 1 Environmental Assessment accompanying the tentative map application."

Proposed Subdivision and Improvements

(A) Lot layout and dimensions of each lot (to nearest foot).

(B) Lot numbers shall begin with the number one (1) in each subdivision and shall continue consecutively with no omissions or duplications, unless contiguous lands under the same ownership are being subdivided in successive units, in which event, lot numbers may begin with the next consecutive number following the last number in the preceding unit. Parcels to be held in common ownership as well as parcels to be offered for dedication to public ownership shall be shown in letters, beginning with "A" and continuing consecutively with no omissions or duplications.

(C) Lot areas in square feet and acres. The tentative map shall distinctively identify the smallest lot and largest lot within a subdivision, including the size in square feet and lot number of each.

(D) Proposed public and common areas.

(E) Locations, widths, purpose (access, drainage, sewer, utilities, etc.), and ownership (public or private) of all easements.

(F) Provide names, widths (to nearest foot), approximate curve radii, approximate grades, clear identification of proposed ownership (public and private) of all streets and right-of-way dedications.

(G) Provide cross-section details with dimensions for public and private streets, private driveways that are to serve more than two (2) lots, and public access easements.

(H) If applicable, show proposed location and typical dimension of required parking and driveways, pedestrian circulation and emergency vehicle access, and retaining structures required for constructing all streets.

(I) Show areas proposed to be dedicated or reserved for parks, trails, schools, public or quasi-public buildings, and other such uses.

(J) Demonstration of Adequate Legal Interest in New Public Easements, Streets, and Public Use Areas. In the event that the proposed subdivision contemplates or requires the creation of one (1) or more new public easements, streets, or public use areas on property that is not a part of the property to be subdivided, as part of the tentative map application, the subdivider shall provide evidence that it possesses adequate legal interest in the easement, street, or public use area property to permit construction of any improvements to Town standards and dedication of the property to the Town.

(K) Final map phasing boundaries. If any, and a statement that sets forth the manner and phasing of the installation of subdivision improvements.

Preliminary Grading and Utility Plan

(A) Show existing and proposed contours carried a minimum of one hundred (100) feet beyond the subdivision boundaries.

(B) Provide cross-section details with dimensions for public and private streets, private driveways that are to serve more than two lots, and public access easements. Appropriate cross sections shall be shown to indicate resultant slopes.

(C) Show direction and path of existing proposed drainage channels or facilities. Indicate building pad and finished elevations, retaining walls (with height and materials specified).

(D) List the 100-year flood elevation if the project is within, or in close proximity to the flood plain as defined by FEMA.

(E) Storm drainage: Indicate any proposed culverts and underground storm drainage, showing their location, diameter in inches, approximate length, direction of flow and materials. Indicate, by notation, private storm drains. Proposed storm drainage measures should direct flows to the nearest downstream facility.

(F) Sewer lines: Locations, sizes (diameter in inches), material, rough invert elevations and slope, delineation between public and private ownership. Show proposed manhole locations.

(G) Water lines: Locations, sizes (diameter in inches), material, and delineation between public and private ownership. Show any proposed fire hydrants.

(H) Driplines and Tree Protection Zones, trunk diameter and elevation, identification numbering, status (to be saved or removed), and preservation measures for all Protected Trees as required by Chapter 27.36 of the Zoning Ordinance.

c. Accompanying Data and Reports.

The tentative map shall be accompanied by the following data or reports:

Soils Report. A preliminary soils report prepared in accordance with the Town's Grading Ordinance shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems that, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. The Town Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory. The preliminary soils report may be waived if the Town Engineer determines that, due to knowledge of the soil qualities in the subdivision, no preliminary analysis is necessary. A soils report shall not be required for a condominium conversion.
Title Report. A preliminary title report, showing the legal owners at the time of filling the tentative map, prepared no more than three months before the date of the tentative map application.
Engineering Geology and/or Seismic Safety Report. If the subdivision lies within a geologic hazard area, as determined by the Building Official, a preliminary engineering geology and/or seismic safety report, shall be prepared to the satisfaction of the Building Official.
School Site. The subdivider shall obtain from the school districts involved their intention, in writing, concerning the necessity for a school site and/or facilities, if any, within the subdivision and shall present this information to the Planning Department prior to the consideration of the tentative map by the Planning Commission.
Environmental Assessment. The subdivider shall provide additional data and information, to the satisfaction of the Town, to make a determination pursuant Section 21080.1 of the Public Resources Code regarding the appropriate environmental document to be prepared for the subdivision. As provided for in Government Code Section 65941(b), a subdivision application shall be considered incomplete until the additional environmental data and documents have been submitted. The determination that the additional data and information are satisfactory and that the application is complete shall be based upon a separately prepared list of criteria. Typical data and documents required under this section include, but is not limited to, the following:

(A) An Arborist Report per Chapter 27.36 (Zoning Ordinance).

(B) A Biological Assessment.

(D) A Traffic Impact Analysis.

(E) An Acoustic Analysis.

Vesting Tentative Maps. If applicable, the subdivider shall submit any information required under Section 16-8-1225(b).
Other Reports. Any other data or reports deemed necessary by the Planning Department.

d. Submittal to Planning Department. The tentative map application shall be considered complete for filing only when the map conforms to Section 16-8-400(b) and when all accompanying data or reports, as required by Section 16-8-400(c), have been submitted and accepted by the Planning Department (unless specifically waived by the Planning Director in consultation with the Town Engineer). The subdivider shall file with the Planning Department the number of tentative maps the director may deem necessary. The requirements of this section may be reduced by the Planning Department, upon consultation with other agencies and departments, if the Planning Director and Town Engineer agree that the specific requirements are not warranted or necessary based upon the scope, size, and attributes of the proposed subdivision.

Determination of Complete Application. The Planning Department shall determine whether the application is complete within thirty (30) days after receipt of the application and shall notify the applicant of its determination in writing. The application shall be determined as complete on the date a written "Determination of Application Status," showing a complete application, is prepared by the Planning Department and mailed to the developer.
Preliminary Review by Other Departments. The Planning Department may refer a subdivision application to interested departments and agencies when the Planning Department determines that the level of application information and data submitted are sufficient for meaningful preliminary evaluation, even if the application is not yet formally determined to be complete. The purpose of such initial review is to assist in early identification of issues and clarification of items needed to determine the completeness of the application.
Determination of Parcel Validity. As part of the Department's determination of application completeness, it may review the title report and other relevant information to determine, in addition, whether the property proposed to be subdivided constitutes a legally valid parcel. The Department may require the subdivider to submit additional information to prove that the property proposed to be subdivided is a legally valid parcel. If the Department questions the validity of a parcel, the burden shall be on the subdivider to demonstrate its legal validity.

e. Application Review.

The Planning Department shall forward copies of the tentative map to the affected public agencies, which may, in turn, forward to the Planning Department their findings and recommendations. Public agencies and utilities shall state that the subdivision can be adequately served.
The Planning Department shall also send a notice of the filing of the tentative map to the governing board of any elementary, high school, or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information that would be relevant to the affected school district. The governing board may review the notice and may send a written report to the Planning Commission. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a twenty (20) day period from receipt of notice of the tentative map, the failure shall be deemed approval of the proposed subdivision by the school district. The Planning Commission shall consider the report from the school district in approving, conditionally approving, or denying the tentative map.
The Town's Staff Review Committee (SRC), a committee appointed by the Town Manager and comprised of representatives of development related Town departments as well as the local fire districts, may review and offer comments regarding the subdivision application. Review by the SRC typically includes application completeness, identification of issues to be resolved prior to approval, and forwarding of recommended conditions to the decisionmaking bodies.

f. Action by Town Council, Planning Commission, or Planning Director. The decisionmaker with primary responsibility to decide whether to approve a tentative map shall be as set forth in Section 16-8-210. Any decisionmaker may, however, opt to transfer the matter to the decisionmaker that would review its decision on appeal. Regardless of the decisionmaker, the following provisions shall apply to Town action on a tentative map.

Notice of Public Hearings. Upon the determination of a complete application, receipt of any recommendations from the Staff Review Committee, and satisfaction of the requirements of Section 21080.1 of the Public Resources Code, the application shall be set for public hearing. At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing, including a general explanation of the matter to be considered, a general description of the area affected, and the street address, if any, of the property involved.

(A) Notice shall be given in the manner required by Government Code Sections 65090 and 65091, as follows:

(1) Publication once in a newspaper of general circulation;

(2) Mailing or delivery to the property owner and project applicant;

(3) Mailing or delivery to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project; and

(4) Mailing or delivery to all owners of real property within three hundred (300) feet of the property. If the number of owners exceeds one thousand (1,000), the Town may instead publish notice of at least one-eighth (⅛) page in a newspaper of general circulation.

(B) In addition, the Town may give notice in any other manner it deems necessary or desirable.

(C) If the proposed project is a conversion of residential real property to a condominium, community apartment, or stock cooperative, notice shall be given to each tenant of the property consistent with this section and Government Code Sections 66451.3 and 66452.5(e).

Timing of Decision on Tentative Map. The decisionmaker shall approve, conditionally approve, or deny the tentative map and shall report its decision to (A) the Town Council, if the decisionmaker is the Planning Commission, or (B) the Planning Commission, if the decisionmaker is the Planning Director, and (C) the subdivider within fifty (50) days after certification of an environmental impact report, adoption of a negative declaration, or a determination by the Town that the project is exempt from the requirements of the California Environmental Quality Act. Timelines may be extended if the subdivision application also includes an application for rezoning or an amendment to the General Plan, or if it requires discretionary legislative action under the Growth Control Ordinance.
Approval of Tentative Map

(A) The decisionmaker may approve or conditionally approve the tentative map, if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and any applicable specific plans and area plans, the Town's Design Standards, the zoning ordinance, and all applicable provisions of this Code, including but not limited to the Growth Control Ordinance.

(B) The decisionmaker may modify or delete any of the conditions of approval recommended in the Planning Department's report, except conditions required by Town ordinance or by the Town Engineer, related to public health and safety or to standards approved by the Town Engineer. The decisionmaker may add additional requirements as a condition of its approval.

(C) Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attach, set aside, void, or annul an approval of the Town Council, Planning Commission, Staff Review Committee, or Town Staff concerning a subdivision. The Town shall promptly notify the subdivider of any claim, action, or proceeding and shall cooperate fully in the defense.

Denial. The tentative map may be denied by the decisionmaker on any of the grounds provided by this Ordinance or the Subdivision Map Act. The decisionmaker shall deny approval of the tentative map if it makes any of the following findings:

(A) That the proposed map is not consistent with the General Plan, any applicable specific or area plans, the Town's Design Standards, the zoning ordinance, or any applicable provision of this Code. Additionally, the tentative map shall be denied if there are insufficient growth control allocations available under the Growth Control Ordinance;

(B) That the design or improvement of the proposed subdivision is not consistent with the General Plan or any applicable specific or area plans, the zoning ordinance, or any applicable provision of this Code;

(D) That the site is not physically suitable for the proposed density of development;

(E) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the decisionmaker may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding is made pursuant to Section 21081(c) of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures and project alternatives identified in the environmental impact report.

(F) That the design of the subdivision or the type of improvements are likely to cause serious public health problems;

(G) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the decisionmaker may approve a map if it finds that alternate easements for access or for use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the decisionmaker to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(H) That the land is subject to a contract under the Williamson Act, and that the resulting parcels following the subdivision would be too small to sustain their agricultural use, subject to the exceptions listed in Section 66474(b) of the Subdivision Map Act.

Town Council Review

(A) Any member of the Town Council may request that the Town Council review the decision of the Planning Commission or Planning Director concerning the tentative map application. If a regular meeting of the Council occurs during the period in which an appeal of the Planning Commission or Planning Director decision may be filed, then a member of the Council may make a request for review orally during that meeting. Otherwise, a member of the Council may request review of the Planning Commission or Planning Director decision by filing a written request with the Town Clerk prior to the expiration of the time during which an appeal can be made. When such review is requested by any member of the Town Council, the request shall be deemed an appeal subject to the provisions of Section 16-8-400(g)(7). However, the member of the Council shall not be required to state a ground of the appeal, and there shall be a presumption applied that the appealed action has significant and material effects on the quality of life in the Town of Windsor. Additionally, no inference of bias shall be made because of such an appeal.

(B) If the Council does not act within the time limits set forth in this Article, the tentative map shall be deemed to have been approved or conditionally approved as set forth in the Planning Commission's report, if it complies with all other applicable provisions of the Subdivision Map Act, this Code, and the General Plan.

Extension of Time for Planning Director, Planning Commission or Town Council Action. The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Director, the Planning Commission, or the Town Council.
Appeals of Tentative Map Decisions

(A) Tentative map decisions of the Planning Director may be appealed to the Planning Commission, and decisions of the Planning Commission may be appealed to the Town Council, by the subdivider, any tenant of the subject property, or any other interested person adversely affected by the action, including a member of the Town Council, as provided for in subsection (5).

(B) Any appeal must be filed in writing and accompanied by the required fee. Appeals of a decision of the Planning Commission shall be filed with the Town Clerk; appeals of a decision of the Planning Director shall be filed with the Planning Department. All appeals must be filed within ten (10) days after the action being appealed. The appellant shall state the basis for the appeal. The Council or Commission shall consider the appeal within thirty (30) days, unless the subdivider consents to a continuance. The appeal shall be a public hearing after notice has been given pursuant to Section 16-8-400(g)(1). In addition, notice shall be given to the subdivider and the appellant.

(C) Upon conclusion of the public hearing, the Council or Commission shall, within seven (7) days, render its decision. The review on appeal shall not be limited to the issues stated in the appeal. The reviewing authority may sustain, modify, reject, or overrule any recommendations or rulings in the decision being appealed and may make such findings as are consistent with the provisions of this Chapter or the Subdivision Map Act.

(D) At the hearing, the appellate body may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds of the appeal. The reviewing authority may:

(i) Affirm, affirm in part, or reverse the action, the determination, or the decision that is the subject of the appeal;

(ii) Adopt additional conditions of approval that may address issues or concerns other than the subject of the appeal. New conditions of approval shall be based upon substantial evidence in the record of the appeal, which may include information not presented during the hearing on the decision that is the subject of the appeal; or

(iii) Disapprove the tentative map, even though the appellant only requested a modification or elimination of one or more conditions of approval.

(E) If new or different evidence is presented on appeal, the Commission or Council may refer the matter to the prior decisionmaker for further consideration.

g. Expirations and Extensions.

Expiration.

(A) The approval or conditional approval of a tentative map shall expire twenty-four (24) months after the date of approval by the Planning Commission or, if applicable, the Town Council. However, the expiration date shall be extended in accordance with Section 66452.6(a) of the Subdivision Map Act, if the filing of multiple final maps is authorized by Section 16-8-410(b), and if the subdivider is required to provide off-site improvements in the amounts specified in Section 66452.6(a) of the Subdivision Map Act. An extension to the expiration date may be approved as provided in Section 16-8-400(h)(2).

(B) The period specified above shall not include any period of time during which a development moratorium is in effect according to Section 66452.6(b) of the Subdivision Map Act.

(C) Unless the Town Council approves a stay of the specified time period, the time period shall include any period of time during which a law suit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map. Within ten (10) days of the service of the initial petition or complaint upon the Town, the subdivider shall, in writing, to the Planning Director, request a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the Town Council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the Town Council shall, within ten (10) days, declare its findings.

(D) Expiration of an approved or conditionally approved tentative or vesting tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

(E) Pursuant to Government Code section 66452.6(d), if the following documents have been delivered to the Town Engineer prior to the expiration of the tentative map, processing, approval, and recording may occur after the expiration date of the tentative map.

(i) A final map, signed by the subdivider of the property, that has previously been determined by the Town Engineer to comply with all requirements of the approved or conditionally approved tentative or vesting tentative map and all other applicable Town requirements and conditions of approval. The filing shall include the original mylars and prints of the map, as required by the Town, and all applicable certificates or statements signed by the subdivider.

(ii) An executed copy of an improvement agreement, based upon the improvement plans signed by the Town Engineer, complete with all required attachments, including bonds.

(iii) An executed copy of any other agreements or instruments to be recorded with the final map in fulfillment of conditions of approval, and in the form previously reviewed and approved (where required) by the Town Attorney.

(iv) An application form to be prepared by the Town Engineer, which at a minimum, shall require the subdivider to certify that all required materials have been submitted and that, to the best of his/her knowledge, all information contained therein is correct.

(v) If no improvement agreement is required for the project, timely filing of all other materials described above before the expiration of the tentative map shall constitute a "timely filing" within the meaning of Government Code section 66452.6(d).

(F) If the Town Engineer determines that the aforementioned materials delivered to the Town Engineer do not comply with the requirements of this subsection, and the Town Engineer returns them to the subdivider, the previously established expiration date of the tentative or vesting tentative map shall remain in effect. If the subdivider subsequently fails to deliver a version of the materials required herein that complies with the requirements of this subsection before the expiration of the tentative or vesting tentative map, pursuant to subsection (D), all proceedings related to the map shall cease, and a new tentative or vesting tentative map shall be required.

Extensions.

(A) Request by Subdivider. The subdivider or the engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Planning Department and payment of required fees prior to expiration of the map. The map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

(B) Planning Director Action. The Planning Department shall review the extension request and submit the application for the extension, together with a report, to the Planning Director at a noticed public hearing. A copy of the Department's report shall be forwarded to the subdivider prior to the hearing on the extension application. The Director may approve or deny an application. The record of the Planning Director's approval of an extension shall specify the new expiration date of the tentative map. The Planning Director may refer the decision on an extension application to the Planning Commission. The Planning Director shall refer the decision on an extension application to the Planning Commission if conditions of approval are recommended for the extension, as provided for in Section 16-8-400(g)(2)(E).

(C) Planning Commission Action. If the Planning Director refers a tentative map extension application to the Planning Commission, he or she shall submit the application and a report to the Commission at a noticed public hearing. A copy of the Planning Director's report shall be forwarded to the subdivider prior to the hearing on the extension. The Commission may approve, conditionally approve, or deny an application. The resolution adopted by the Commission approving or conditionally approving an extension shall specify the new expiration date of the tentative map.

(D) Denial of Extension. An application for an extension of a tentative map may be denied for the following reasons:

(i) Based on evidence in the record for the hearing on the extension application, circumstances surrounding the original approval have changed substantially so that the subdivision would result in one or more potentially significant and adverse environmental impacts that either

(a) were not previously identified and reduced to a less than significant level, or

(b) were previously identified but for which the adopted mitigation measures are no longer adequate to reduce an adverse environmental impact to a less than significant level.

(ii) The Town's infrastructure capacity, including any contributions from the subdivider in the form of fees or improvements, is no longer adequate to accommodate the subdivision.

(iii) Growth control allocations under the Town's Growth Control Ordinance are not available for the subdivision.

(iv) The subdivision conflicts with new policies approved by the Town Council by a resolution or ordinance adopted subsequent to the original approval or a previous extension of the tentative map.

(E) Conditions of Approval. As a condition of the extension of a tentative map, the Planning Commission, or the Town Council on appeal, may impose new conditions or revise existing conditions on the approved tentative map as recommended by the Planning Department in its report or as it may find necessary. Absent an agreement with the subdivider regarding new conditions, if at the time of an application for an extension of an expiration date, circumstances exist that would justify the denial of a map, as provided for in the Map Act and section 16-8-400(f)(4), the Council or Commission may impose additional conditions on the approval of an extension. In addition, the Council or Commission may impose new conditions on a map extension to the extent allowed by law. Tentative map extension applications that result in new or modified conditions of approval shall be approved by the Town Council or Planning Commission, and not by the Town staff.

(F) Time Limit of Extension. The expiration date may be extended pursuant to this Section for a period or periods totaling no more than five (5) years. If it chooses, the may require annual renewal for a total of five (5) years.

(G) Appeal. The subdivider or any interested person adversely affected by a decision on a tentative map extension application may appeal the decision within ten (10) days of it becoming final, in conformance with Section 16-8-400(f)(7) of this Chapter. The Town Council may seek review of a tentative map extension decision, in conformance with Section 16-8-400(f)(5).

h. Amendments to Approved Tentative Map.

Minor changes in the tentative map may be approved by the Planning Department upon application by the subdivider or on its own initiative, provided:

(A) No lots, units, or building sites are added;

(B) Such changes are consistent with the intent and spirit of the original tentative map approval; and

Any such minor amendment shall be approved by the Planning Director and the Town Engineer and appropriately documented to their satisfaction.
Amendments of the tentative map that the Planning Department determines are not minor, including but not limited to amendment of conditions of approval, shall be properly noticed for public hearing and presented to the decisionmaking body for approval. In the event that (a) Town Council approval is required as part of the acceptance of a final map or related agreements, and (b) the Planning Director and Town Engineer both support the requested amendment, the hearing on the amendment may be conducted by the Town Council concurrently as part of the final map acceptance.
Processing of tentative map amendment applications shall be the same as for new tentative map applications, as set forth in this chapter.
Any approved amendment to a tentative map, including but not limited to a condition of approval, shall not alter the expiration date of the tentative map, unless the amendment application includes a request for an extension.
If an application to amend a tentative map includes a request to amend a condition of approval that was also a mitigation measure identified during the CEQA review process for the subdivision, then additional CEQA review may be required as part of the application.

(Ord. No. 2009-253, § 2, 7-15-2009)

Exceptions & meaning →

16-8-410 - Final Maps.¶

a. General. The form, contents, accompanying data, and filing of the final map shall conform to the provisions of this Chapter. The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

b. Phased Final Maps.

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map under the following conditions:

A. At the time the tentative map was filed, the subdivider informed the Planning Director of the subdivider's intention to file multiple final maps on the tentative map.

B. After filing of the tentative map, the decisionmaker and the subdivider concur in the filing of multiple final maps.

Although the subdivider shall not be required to define the number or configuration of the proposed multiple final maps, he or she shall provide a phasing plan for project-related public improvements at the time of providing notice of intent to file multiple final maps. The public improvement phasing plan shall demonstrate to the satisfaction of the Planning Commission, Town Engineer, and Planning Director that the subdivider will provide adequate infrastructure for each phase of the subdivision, as well as the subdivision as a whole. In general, completion of infrastructure necessary to serve the entire subdivision and neighboring properties, as well as infrastructure of area-wide benefit, shall be priorities of the Town in considering phasing of public improvements. Satisfaction of the public improvement phasing plan shall be made a condition of approval of the tentative map.
The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the tentative map. Each final map that constitutes a part or unit of the approved or conditionally approved tentative map shall be designated as a "Phase" or "Unit" of the subdivision and numbered consecutively, starting with the number one, without duplication or omission (e.g. "Phase 1", "Phase 2", etc.).
Requests for approval of multiple final maps that are received following approval of the tentative map shall be considered by the Planning Commission and treated and processed in the same manner as an amendment to the tentative map.
When a subdivider intends to file multiple final maps, the subdivision improvement agreement(s) executed by the subdivider shall provide for the construction of improvements in a manner that constitutes a logical and orderly development of the whole subdivision. The Town Engineer shall determine whether the phasing of improvements proposed in the subdivision improvement agreement(s) satisfies the requirements of this section, based upon the characteristics of the subdivision and surrounding development, the General Plan, any applicable specific plans or area plans, the Growth Control Ordinance, the Town's design guidelines, and any other relevant planning documents.
Subsection 16-8-410(b) shall also govern the filing of multiple parcel maps relating to an approved tentative map.

c. Survey Required.

An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.
At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At a minimum, the following shall be monumented before recording a final map: at least one exterior boundary line, front and rear property corners, and property line angle points. Other monuments shall be set as required by the Town Engineer.

d. Form. The form of the final map shall conform to the Subdivision Map Act and as follows:

The final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester-base film. Statements, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester-base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch. The scale of the map shall be not less than 1" = 100' or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets including the certificated sheet are used, a key map shall be included.
All printing or lettering on the map shall be of one-eighth (⅛) inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings.
The final form of the final map shall be as approved by the Town Engineer.

e. Contents. The contents of the final map shall conform to the Subdivision Map Act and as follows:

Title Sheet. The title sheet shall include all of the following information and all listed certificates shall be approved by Town Engineer:

(A) The subdivision number conspicuously placed at the top of the sheet;

(B) Affidavits, certificates, acknowledgments, endorsements, acceptances of dedication and notarial seals required by law;

(C) Where the size of a subdivision permits, in lieu of a title sheet, required information may be shown on the same sheet as the final map;

(D) The date of preparation and the signed certificate of the subdivider's engineer or surveyor who prepared the map;

(E) A certificate of dedication signed by those persons having any record title interest in the land subdivided, if any land is to be dedicated for public use;

(F) A certificate enacted by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map; and

(G) Certificates for execution by the Town Engineer and the Town Clerk.

Boundary. The boundary of the subdivision shall be designated by a visually distinctive border in such a manner as not to obliterate figures or other data.
Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided with reference to maps that have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "Town of Windsor, Sonoma County."
Statements. The following statements shall appear on the certificate sheet. The approved form of all required statements shall be kept on file in the office of the Town Engineer.

(A) Owner's Statement. A statement, signed and acknowledged by all parties having record title interest in the land subdivided, consenting to the preparation and recordation of the map and offering for dedication to the public certain specific parcels of land or easements. Exceptions are those parties having rights-of-way, easements, or interests that cannot ripen into a fee, or as provided in Section 66436 of the Subdivision Map Act.

(B) Trustee's or Beneficiary's Statement. A statement, signed and acknowledged by any trustees or beneficiaries of record at the time of Town Council approval of the final map, consenting to the recording of the map and any offers of dedications.

(C) Engineer's Statement. A statement by the engineer or surveyor responsible for the survey and final map shall appear on the map, including the following:

(i) The date of the survey, that the survey and final map were made by or under the direction of the engineer or surveyor, for whom the survey was completed, and that the survey is true and complete as shown.

(ii) That all the monuments are of the character and occupy the positions indicated, or that they will be set in such positions on or before a specified later date: The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced.

(iii) That the map complies with the Subdivision Map Act and the provisions of this Chapter.

(D) Statement of Soils and Geologic Report. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted as part of the final map, together with the date of such report or reports, and the name of the engineer making the soils report and geologist making the geologic report.

(E) Town Engineer's Statement. A statement by the Town Engineer stating that the map has been examined, that it conforms with the tentative map and any approved alterations thereof, including conditions of approval, that it complies with the Subdivision Map Act of the State and the provisions of this Chapter, and that it is technically correct.

(F) Town Clerk's Statement. A statement for execution by the Town Clerk stating the date and number of the resolution adopted by the Town Council approving the final map and stating that the Town Council accepted subject to improvement or rejected on behalf of the public any real property offered for dedication for public use in conformity with the terms of the offer of dedication.

(G) County Clerk's Statement. A statement to be executed by the County Clerk stating that all taxes due have been paid, or that a tax bond, assuring the payment of all taxes that are a lien but not yet payable, has been filed with the County.

(H) County Recorder's Statement. A statement to be executed by the County Recorder stating that the map has been accepted for recording, that the map has been examined and that it complies with the provisions of State laws and local ordinances governing the recording of final maps. The statement shall show who requested the recording of the map, the time and date the map was recorded, and the book and page where the map was recorded.

Scale, North Point, and Basis of Bearings. There must appear on each map sheet the scale, the north point, the basis of bearings based on Zone III of the California Coordinates, and the equation of the bearing to true north. The basis of bearings shall be approved by the Town Engineer.
Linear, Angular, and Radial Data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the boundary lines on every lot and parcel that is a part of the subdivision, and ties to existing monuments used to establish the boundary. Arc length, radius, and total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.
Monuments. The location and description of all existing and proposed monuments shall be shown. Standard Town monuments shall be set at or on Town Engineer approved offsets from the following locations.

(A) The intersection of street centerlines.

(B) Beginning and end of curves or intersection of tangents on centerlines.

(D) At other locations as may be required by the Town Engineer.

Lot Numbers. Lot numbers shall begin with the number one (1) in each subdivision and shall continue consecutively with no omissions or duplications, unless contiguous lands under the same ownership are being subdivided in successive units, in which event, lot numbers may begin with the next consecutive number following the last number in the preceding unit. Each lot shall be shown entirely on one (1) sheet of the final map, unless approved by the Town Engineer. Parcels to be held in common ownership as well as parcels to be offered for dedication to public ownership shall be shown in letters, beginning with "A" and continuing consecutively with no omissions or duplications.
Adjoining Properties. The adjoining corners of all adjoining subdivisions shall be identified by subdivision number, or by name when not identified by official number, and by reference to the book and page of the filed map showing such subdivision; if no such subdivision is adjacent, then identification shall be by the name of the owner and reference to the recorded deed by book page number for the last recorded owner of such adjacent property.
Town Boundaries. Town boundaries that cross or join the subdivision shall be clearly designated.
Street Names. The names of all streets, alleys, or highways within or adjoining the subdivision shall be shown. The determination of street names and addresses shall be in accordance with procedures established by the Planning Department.
Easements.

(A) Easements for roads or streets, paths, storm water drainage, sanitary sewers, or other public use, as may be required, shall be dedicated to the public for acceptance by the Town or other public agency, and the use shall be specified on the map. All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, such as the recorder's serial number and date or the book and page of official records.

(B) Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

(C) The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths, and bearings of record. The width and location of all easements shall be approved by the Town Engineer.

Additional Information. The Town may require additional information to be recorded simultaneously with the final map. The additional information shall be in the form of a separate document or an additional map sheet that shall indicate its relationship to the final map, and that shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of the recording, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records or reports and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet. Whenever additional information is made by separate document, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the County Recorder according to Section 66468.1 of the Subdivision Map Act.

f. Submittal for Town Approval.

Preliminary Submittal. The subdivider shall submit prints of the final map to the Town Engineer for checking. The preliminary prints shall be accompanied by the following data, plans, reports, and documents in a form as approved by the Town Engineer.

(A) Improvement Plans. Improvement plans as required by Section 16-8-825 of this Chapter;

(B) Soils Report. A soils report prepared in accordance with Chapter 7 of the Windsor Municipal Code and Sections 66490 and 66491 of the Subdivision Map Act, as determined to be necessary by the Town Engineer and Building Official;

(C) Title Report. A title report showing the legal owners at the time of submittal of the final map. The report must have been prepared within sixty (60) days of the first submittal. If any change in ownership occurs during the Town's review of the final map, the subdivider shall submit an updated title report;

(D) Improvement Agreement. In the event sewer, water, recycled water, drainage, grading, paving, or other improvements required pursuant to Sections 16-8-800 et seq. have not been completed prior to the presentation of the final map, an agreement in accordance with the requirements of Section 16-8-807 shall be filed for the improvement thereof. The subdivider shall secure the performance of the agreement in accordance with the requirements of Section 16-8-835.

(E) Deeds for Easements or Rights-of-way. Deeds for easements or rights-of-way required for road or drainage purposes that have not been dedicated on the final map. Written evidence acceptable to the Town in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility.

(F) Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines, and monument lines.

(G) Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains;

(H) Governing Documents. If required by the Town, the submittal of the final map or parcel map for a common interest development, as defined by Section 1350 et seq. of the California Civil Code, shall include all governing documents for the subdivision and the proposed Declaration of Covenants, Conditions, and Restrictions described in Section 1353 of the Civil Code. The submittal of the final map or parcel map for all subdivisions other than a common interest development shall include any Declaration of Covenants, Conditions, and Restrictions proposed in connection therewith. All documents shall be subject to review and approval by the Planning Director and Town Attorney, as well as the Town Engineer, if applicable.

(I) Guarantee of Title. A guarantee of title, in a form acceptable to the Town Engineer and Town Attorney, shall be issued by a competent title company to and for the benefit and protection of the Town and shall be continued complete up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, all public easements being offered for dedication, and all acknowledgments thereto appear on the proper certificates and are correctly shown on the map, both as to consents to the making thereof and affidavits of dedication where necessary.

(J) Flood Plain Information. Flood plain information, including the amount of flooding that may occur during a storm with a frequency of once in one hundred (100) years and mitigation measures necessary to protect the subdivision from flooding during a storm with a frequency of once in one hundred (100) years.

(K) Any additional data, reports, or information as required by the Town Engineer.

Review and Approval by Town Engineer. The Town Engineer, in consultation with the Planning Department, shall review the final map to determine if it conforms to the approved tentative map, including conditions of approval, the Subdivision Map Act, and this title. The subdivider shall make corrections and additions until the map is acceptable to the Town Engineer. The subdivider shall submit to the Town Engineer the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on any duplicates. Upon receipt of all required certificates and submittals and the subdivider's payment of required fees, the Town Engineer shall sign the Town Engineer's Statement and present the corrected final map with accompanying documents to the Town Council for its consideration and approval.
Approval by Town Council.

(A) The Town Council shall approve or disapprove the final map at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map. The Town Council shall approve or disapprove the subdivision improvement agreement prior to approving or disapproving the final map. The Town Council shall approve the subdivision improvement agreement and the final map, if they conform with the approved or conditionally approved tentative map, the provisions of this Code that were applicable at the time of approval or conditional approval of the tentative map, and the provisions of the Subdivision Map Act.

(B) If the Town Council approves the final map, it shall at the same time accept, accept subject to improvement, or reject any offer of dedication. The Town Clerk shall certify on the final map the action by the Town Council. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities, or storm drainage easements are not accepted by the Town Council, the offer of dedication shall remain open, and the Town Council may, by resolution at any later date and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities, or storm drainage easements, which acceptance shall be recorded in the office of the County Recorder.

(C) The Town Council may accept any dedications lying outside the subdivision boundary that require a separate grant deed. The acceptance shall be recorded in the office of the County Recorder.

(D) If the Town Council approves the subdivision improvement agreement and final map, it shall instruct the Mayor to execute the agreement on behalf of the Town. If the subdivision improvement agreement and/or final map are unacceptable, the Council shall make its recommended corrections, instruct the Town Engineer to draft a new agreement and/or revise the final map, and defer approval until an acceptable agreement and/or final map has been resubmitted.

(E) The Town Council shall not postpone or refuse approval of a final map because the subdivider has failed to meet a tentative map condition requiring construction of off-site improvements on land that neither the subdivider nor the Town has sufficient title or interest to permit the improvements to be made. In such case the Town shall follow procedure according to Section 16-8-805(g).

Denial by Town Council. The Town Council shall deny the final map, if it finds that the final map is not in substantial compliance with the previously approved tentative map.
Filing with the County Recorder. Upon approval of the final map by the Town Council, the Town Clerk shall execute the appropriate statement on the map and forward the map, or have an authorized agent forward the map, to the County Recorder. If the subdivider dedicates property to the Town, the Town Clerk shall also prepare and forward for recording a certificate concerning the dedication as provided in Section 66477.5 of the Subdivision Map Act.

(Ord. No. 2009-253, § 2, 7-15-2009)

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