This title is enacted pursuant to Section 5 of Article XI of the Constitution of California, the Charter of the City of Santa Rosa, and the general laws of the State of California. Particular reference is made to Section 66410 et seq., of the Government Code regulating subdivision of land and referred to as the Subdivision Map Act. Those provisions of this title mandated by the Subdivision Map Act are subject to change without notice of action by the City, and will be periodically updated in this title, but must be complied with whenever the State legislation so mandates. All mandated sections of the Subdivision Map Act which are not expressly indicated in this title must also be followed.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
The purpose of this title is to regulate and control the division of land within the City and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the City regarding the maps. To accomplish this purpose, the regulations contained in this title are determined to be necessary to preserve the public health, safety and general welfare; to promote orderly growth and development and to promote open space, conservation, protection, and proper use of land; and to ensure provision for adequate traffic circulation, utilities, and other services in the City.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
(A) 
No land shall be subdivided and developed for any purpose which is inconsistent with the general plan or any applicable specific plan of the City or which is not permitted by Title 20 (Zoning) or other applicable provisions of this code.
(B) 
Except as may be required by State law, the type and intensity of land use as shown on the general plan and any applicable specific or area plan shall determine, together with the requirements of the Subdivision Map Act and this title, the size and design of lots, the type of streets, roads, highways, utilities, and other public services or special facilities that shall be provided by the subdivider.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
No land shall be subdivided and developed for any purpose not contemplated or specifically authorized by the zoning code of the City. Every proposed subdivision must be in compliance with applicable zoning requirements and regulations, except that a tentative map may be considered and conditionally approved by the Planning Commission subject to, among other conditions, the applicant obtaining a specific change of zone as approved and recommended by the Planning Commission at the time of its approval of the tentative map.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Consideration shall be given within the established pattern of local streets to provide for uniform street widths and for consistent street names. Similar consideration shall be given to the preservation of privacy and safety in residential areas by discouraging through traffic in such areas. Consideration shall also be given to the reduction of intersections on major thoroughfares to a minimum number consistent with the needs of ingress and egress. Existing trees, topography, natural waterways, and other natural cover of the land shall be preserved whenever possible. The streets shall be designed so as to minimize grading and scarring of the landscape, consistent with traffic safety.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Community facilities shall be provided for in the subdivision process. This title establishes procedures for the referral of proposed subdivision maps to those boards, commissions and other governmental agencies and utility companies, both public and private, so that the construction and/or extension of community facilities and utilities may be accomplished in an orderly manner. The City shall consider the effect that each subdivision will have on the housing needs of the City and balance these needs against the public service needs of its residents and available fiscal and environmental resources in accordance with Government Code Section 66412.3. A tentative map may be denied if community facilities are not adequate to serve it.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
(A) 
The design of a subdivision for which a tentative map is required pursuant to Government Code Section 66426 shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.
(B) 
Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.
(C) 
Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.
(D) 
In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.
(E) 
The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.
(F) 
For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Tentative maps for proposed subdivisions of land outside the City boundaries may be reviewed and approved according to procedures and subject to standards contained in this title, provided such approval is, among other conditions, subject to annexation of the property prior to filing the final map and provided further that a request for annexation of the property is on file with the City at the time the tentative map is filed. No improvements shall be constructed prior to completion of the annexation. Any tentative map or tentative parcel map that is approved by the County for which the final map or parcel map is not filed for record before the area in which it is located is annexed to the City shall be subject to all the procedures and regulations of the City of Santa Rosa as of the effective date of annexation. This shall include the filing of tentative maps for approval by the City.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
Dedication or irrevocable offer of dedication of real property within any proposed subdivision may be required for streets, alleys, including access rights and abutter's rights, drainage, public utility, bicycle path, local transit facilities and other public easements. Offers of dedication may be terminated in accordance with Government Code Section 66477.2.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
The following divisions of land are exempt from the application of this title:
(A) 
The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;
(B) 
The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other City laws or requirements regulating design and improvement;
(C) 
The financing or leasing of existing separate commercial or industrial buildings on a single parcel;
(D) 
Mineral, oil or gas leases;
(E) 
Land dedicated for cemetery purposes under the Health and Safety Code of the State;
(F) 
Any separate assessment under Section 2188.7 of the Revenue and Taxation Code;
(G) 
Subdivisions created by 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 defined as such by Section 230 of the Public Utilities Code, or by land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map;
(H) 
Lot line adjustments, except as provided in Chapter 19-48.
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)