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)
Construction and/or installation of all buildings or improvements
shall conform to the applicable standards and policies of 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)
All proposed projects are subject to the applicable requirements
of the California Environmental Quality Act.
(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;
(Ord. 2622 § 1, 1987; Ord. 3396 § 1, 1998)
