Chapter 17.04 SUBDIVISIONS

Common Ownership. Contiguous parcels or units of land are considered to be held in common ownership if one owner holds at least a fractional share in two or more contiguous parcels.

“Contiguous” means touching or adjoining at more than one point. Property shall be considered contiguous even if it is separated by roads, streets, utility easements, or railroad rights-of-way.

“Final map” means a map prepared in accordance with the provisions of the Map Act and this chapter, which subdivides land, regardless of the number of lots, and is designed to be placed on record in the office of the county recorder for the purpose of creating lots or parcels.

“Final parcel map” means a map prepared in accordance with the provisions of the Map Act and this chapter, which subdivides land into four or fewer lots, and is designed to be placed on record in the Office of the County Recorder for the purpose of creating lots or parcels.

“Final subdivision map” means a map prepared in accordance with the provisions of the Map Act and this chapter, which subdivides land into five or more lots, and is designed to be placed on record in the Office of the County Recorder for the purpose of creating lots or parcels.

“Map Act” means the latest edition of the Subdivision Map Act of the State of California.

“Merger” means the joining of two or more contiguous parcels or units of improved or unimproved land, which are held in common ownership, into a smaller number of parcels pursuant to this chapter. Parcels or units may include land division or subdivision lots, assessor’s tax parcels, or lots created by deed.

“Owner” means the individual, firm, association, syndicate, co-partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same pursuant to this chapter.

“Preliminary report,” for the purposes of this chapter, shall also mean a subdivision guarantee or similar document approved by the public works director showing all parties with fee title interest in the land subject to the proposed subdivision.

“Public works director” shall mean the City engineer.

“Public works standard specifications and details” means the latest edition of the City of Healdsburg public standard specifications and details.

“Subdivider” means any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land for himself or for another.

“Subdivision” means any land or portion thereof shown on the last adopted tax roll as a unit or contiguous units, which is divided for the purpose of sale or lease, whether immediate or future, by any subdivider into two or more lots or parcels.

“Tentative map” means a map prepared in accordance with the provisions of the Map Act and this chapter to show the design of a proposed subdivision of land, regardless of the number of lots, and the existing conditions in and around the land proposed to be divided. Such map need not be based upon an accurate or detailed field survey; however, it shall be graphically accurate to reasonable tolerances.

“Tentative parcel map” means a map prepared in accordance with the provisions of the Map Act and this chapter to show the design of a proposed subdivision of four or fewer lots and the existing conditions in and around the land proposed to be divided. Such map need not be based upon an accurate or detailed field survey; however, it shall be graphically accurate to reasonable tolerances.

“Tentative subdivision map” means a map prepared in accordance with the provisions of the Map Act and this chapter to show the design of a proposed subdivision of five or more lots and the existing conditions in and around the land proposed to be divided. Such map need not be based upon an accurate or detailed field survey; however, it shall be graphically accurate to reasonable tolerances. (Ord. 1085 § 1, 2009.)

17.04.020 Planning and City Council – Powers and duties.

As provided in the Map Act, the official body charged with approving, conditionally approving or disapproving proposed divisions of property into four or fewer lots shall be the planning commission. The official body charged with approving, conditionally approving or disapproving proposed divisions of property into five or more lots shall be the City Council. Both the planning commission and City Council shall have all the powers and duties with respect to tentative maps, and the procedures thereto, which are specified by law and by this chapter. (Ord. 1085 § 1, 2009.)

17.04.030 Compliance with chapter required prior to sale of lots.

It shall be unlawful for any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity, as a principal, agent or otherwise, to offer to sell, to contract to sell or to sell any subdivision of land or any part thereof in the City unless and until all the requirements of this chapter have been complied with. (Ord. 1085 § 1, 2009.)

Article II. Tentative Maps

17.04.040 Filing of a tentative map.

Any subdivider who desires to secure approval of a subdivision map shall first file with the City planning and building department an application for a tentative map with the associated application submittal materials deemed necessary to make such application complete. (Ord. 1085 § 1, 2009.)

17.04.050 Distribution of copies.

A copy of the tentative map filed pursuant to HMC 17.04.040 shall be distributed to each of the following:

A. Planning and building department.

B. Fire department.

C. Public works department.

D. Electric department.

E. Such other departments as the planning and building director may indicate. (Ord. 1085 § 1, 2009.)

17.04.060 Size and scale.

Tentative maps shall be 18 inches by 26 inches in size and to a scale of one inch equals 100 feet unless otherwise required by the planning and building director, and shall be clearly and legibly reproduced. (Ord. 1085 § 1, 2009.)

17.04.070 Information to be shown.

Tentative maps shall show the dimensions of the proposed lots and any other information deemed necessary by the planning and building director. (Ord. 1085 § 1, 2009.)

17.04.080 Proposed restrictive covenants to accompany statement.

A copy of any restrictive covenants proposed shall be attached to the subdivider’s statement submitted with each tentative map. (Ord. 1085 § 1, 2009.)

17.04.090 Examination of a tentative map by departments – Report to planning commission.

Upon receipt of a copy of a complete tentative map filed pursuant to HMC 17.04.040, each department to whom the same has been transmitted shall examine the map to ascertain if it conforms to the requirements within the authoritative scope of such department, and within 30 days after receipt thereof. A complete tentative map shall include a complete environmental review in accordance with the California Environmental Quality Act where required, and a written report shall be submitted, including specific departmental conditions of approval, to the planning commission recommending approval, conditional approval or denial of the tentative map and including the basis for such recommendation. (Ord. 1085 § 1, 2009.)

17.04.100 Advisory recommendation of a tentative subdivision map of five or more lots by the planning commission.

A. Upon review of a complete tentative subdivision map of five or more lots submitted pursuant to HMC 17.04.040, the planning commission shall determine within 30 days from the filing of said completed tentative subdivision map whether the tentative subdivision map is in conformity with the provisions of law and of this chapter and, upon that basis, the commission shall recommend to the City Council approval, conditional approval or denial of the tentative subdivision map. If no regular meeting of the planning commission is scheduled within 30 days following receipt of a complete tentative subdivision map, the planning commission’s recommendation shall be made at the next regular meeting thereafter.

B. The planning commission shall base its recommendation on a tentative subdivision map of five or more lots on the findings below:

1. The proposed map and its design and improvements are consistent with the general plan and any applicable specific plan.

2. The site is physically suitable for the type and proposed density of development.

3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

4. The design of the subdivision and the type of improvements are not likely to cause serious public health problems.

5. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

6. Unless otherwise provided by the Subdivision Map Act, the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

C. The planning commission may continue consideration of a tentative subdivision map of five or more lots with the consent of the applicant to allow for revisions to address issues of concern that would otherwise result in a recommendation to deny the complete tentative subdivision map.

D. The planning commission, upon review of a tentative subdivision map of five or more lots, may recommend to the City Council the advisability of dedicating suitable areas for the parks, playgrounds and schools and other public building sites that will be required for the use of the population which is intended to occupy the subdivision under the plan of proposed property uses therein.

E. The action of the planning commission on a tentative subdivision map of five or more lots shall be reported to the City Council by delivering to it a report setting forth its action.

F. Any applicable time limits for the planning commission acting on the tentative subdivision map application of five or more lots may be extended by mutual consent of the subdivider and the planning commission. A waiver of applicable time limits may be required to permit concurrent processing of related project approvals or environmental review on the same development project. (Ord. 1085 § 1, 2009.)

17.04.110 Action of the City Council on a tentative subdivision map of five or more lots.

A. The City Council shall determine whether the tentative subdivision map of five or more lots is in conformity with the provisions of law and of this chapter and, upon that basis, within 30 days after the planning commission action shall approve, conditionally approve or deny the tentative subdivision map. If no regular meeting of the City Council is scheduled within 30 days following the commission’s recommendation on the tentative subdivision map, the Council’s action shall be made at the next regular meeting thereafter.

B. The City Council shall base its decision on a tentative subdivision map of five or more lots on the findings provided in HMC 17.04.100(B).

C. The City Council may continue consideration of a tentative subdivision map of five or more lots with the consent of the applicant to allow for revisions to address issues of concern that would otherwise result in an action to deny the tentative subdivision map.

D. The City Council, upon review of a tentative subdivision map of five or more lots, may require of the subdivider the reasonable dedication of suitable areas for the parks, playgrounds and schools and other public building sites that will be required for the use of the population which is intended to occupy the subdivision under the plan of proposed property uses therein. For dedication requirements for subdivisions of four or fewer lots, see HMC 17.04.460.

E. The action of the City Council on a tentative subdivision map of five or more lots shall be reported to the subdivider in writing.

F. Any applicable time limits for acting on the tentative subdivision map application of five or more lots may be extended by mutual consent of the subdivider and the City Council. A waiver of applicable time limits may be required to permit concurrent processing of related project approvals or environmental review. (Ord. 1085 § 1, 2009.)

17.04.120 Action of the planning commission on a tentative parcel map.

A. Upon review of a complete parcel map of four or fewer lots submitted pursuant to HMC 17.04.040, the planning commission shall determine within 30 days from the filing of said complete tentative parcel map whether the parcel map is in conformity with the provisions of law and of this chapter and, upon that basis, the commission shall approve, conditionally approve or deny the parcel map. If no regular meeting of the planning commission is scheduled within 30 days following receipt of a complete tentative parcel map, the planning commission’s action shall be made at the next regular meeting thereafter.

B. The planning commission shall base its decision on a tentative parcel map on the findings provided in HMC 17.04.100(B).

C. The planning commission may continue consideration of a tentative parcel map with the consent of the applicant to allow for revisions to address issues of concern that would otherwise result in a recommendation to deny the complete tentative parcel map.

D. The planning commission, upon review of a tentative parcel map, may require dedication of suitable areas for the parks, playgrounds and schools and other public building sites that will be required for the use of the population which is intended to occupy the subdivision under the plan of proposed property uses therein, subject to the provisions of the Map Act.

E. The action of the planning commission on a tentative parcel map shall be reported to the City Council at the next regularly scheduled Council meeting.

F. Any applicable time limits for the planning commission acting on the tentative parcel map application may be extended by mutual consent of the subdivider and the planning commission. A waiver of applicable time limits may be required to permit concurrent processing of related project approvals or environmental review on the same development project. (Ord. 1085 § 1, 2009.)

17.04.130 Term of a tentative map approval.

An approved or conditionally approved tentative map shall expire 24 months from its approval by City Council, unless lawfully extended, including by moratorium or lawsuit consistent with the Map Act. (Ord. 1085 § 1, 2009.)

17.04.140 Extensions of a tentative map approval.

A. Request by Subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the planning and building department. The application shall be filed not less than 30 days before the map is to expire and shall state the reasons for requesting the extension.

B. Extensions. An extension, not to exceed an additional 12 months, may be granted by the planning and building director.

C. Planning Commission Action. If the extension is denied by the planning and building director or if the requested extension is for a period exceeding or in addition to the time allowed by administrative determination of the planning and building director as provided for in subsection (B) of this section, the director shall review the request and submit the application for the extension, together with a report, to the planning commission for approval, conditional approval, or denial at the next regularly scheduled planning commission meeting. A copy of the director’s report shall be forwarded to the subdivider prior to the planning commission meeting on the extension. In approving, conditionally approving, or denying the request for extension, the planning commission shall make findings supporting its decision, including a finding with respect to the potential impact on any increases in applicable development fees which have occurred since the date of the approval or conditional approval of the tentative map.

D. Time Limit of Extensions. The time at which the tentative map expires may be extended by the planning commission for a period not exceeding a total of four years, unless otherwise provided by the Map Act. (Ord. 1085 § 1, 2009.)

17.04.150 Appeals.

A. Appeal of Planning Commission Action. The subdivider or any interested person adversely affected by any action of the planning commission may, within 10 days after the decision, file an appeal in writing with the planning and building department or office of the City Clerk.

B. Notice of Appeal and Public Hearing. Upon receipt of an appeal of a planning commission action, the planning and building director shall prepare a report with recommendations. The City Clerk shall set the matter for public hearing before the City Council within 30 days. A copy of the department report shall be forwarded to the subdivider at least three days prior to the public hearing. At least 10 calendar days before the public hearing, a notice shall be given in accordance with Government Code Sections 65090 and 65094. The City Clerk may give such other notice that he/she deems necessary or advisable. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this chapter.

C. City Council Action. The Council may sustain, modify, reject, or overrule any recommendations or rulings of the planning commission and shall make findings in support of the Council action(s) which are consistent with the provisions of the Subdivision Map Act, the Healdsburg general plan, any applicable specific plan, the zoning ordinance and this chapter.

D. Failure to Act. If the City Council fails to act upon an appeal within the time limits set forth in this section, the tentative map shall be deemed to be approved or conditionally approved as last approved or conditionally approved by the planning commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, the general plan, any applicable specific plan, the zoning ordinance and this chapter. (Ord. 1085 § 1, 2009.)

17.04.160 Amendments to an approved or conditionally approved tentative map.

A. Minor amendments to the approved or conditionally approved tentative map or conditions of approval shall be reviewed by the affected departments and may be approved by the planning and building department upon application by the subdivider or on the department’s own initiative, provided:

1. No lots, units, or building sites or structures are added;

2. Changes are consistent with the intent and spirit of the original tentative map approval;

3. There are no resulting violations of this code or the Subdivision Map Act.

B. The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the planning and building director.

C. Amendments to tentative parcel map conditions of approval which in the opinion of the affected departments and the planning and building director are not minor shall be presented to the planning commission for its approval. Amendments to tentative subdivision map conditions of approval which in the opinion of the affected departments and the planning and building director are not minor shall be presented to the planning commission for its advisory recommendations and for City Council approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this article. Any approved amendment shall not alter the expiration date of the tentative map. (Ord. 1085 § 1, 2009.)

Article III. Final Maps

17.04.170 Survey and preparation of a final map.

Unless otherwise provided by this chapter or the Subdivision Map Act, prior to the expiration of approval or conditional approval of a tentative map the subdivider shall cause the subdivision, or any part thereof, to be surveyed and a final map thereof prepared in conformance with the tentative map as approved or conditionally approved and submitted to the public works department. (Ord. 1085 § 1, 2009.)

17.04.180 Content and form of a final map.

The content and form of the final map shall be governed by the provisions of Article 2, Final Maps, of the Subdivision Map Act and the provisions of this article. As authorized by Section 66432.2 of the Subdivision Map Act, at the time of filing a complete final map, the subdivider shall also file the following:

A. Report of title for dedications. In the event any dedication is to be made for the public use, a preliminary report, subdivision guarantee or similar document approved by the public works director issued by a title insurance company in the name of the owner of the land, issued to or for the benefit and protection of the City showing all parties whose consent is necessary to pass clear title to the land being subdivided, together with the nature of their interests therein, except where the land embraced in such subdivisions is registered under the Land Registration Act (Torrens Act). If the land is so registered, a certified copy of the certificate of title shall be furnished.

B. A joint maintenance agreement (JMA) for any common use of private improvements, such as access driveways, drainage infrastructure and utility services. The JMA, which will be recorded against each benefiting new lot, will specify and allocate rights, duties and obligations for maintenance or the private improvements.

C. All other information listed in the public works department checklist for submittal of subdivision improvement plans, final and parcel maps.

D. An additional information map sheet entitled, “Local Agency Information Sheet” that notifies any bona fide owner(s) of new lots of requirements as of the date of filing, and is not intended to affect record title interest. (Ord. 1085 § 1, 2009.)

17.04.190 Exception to the survey requirement.

In the case of a reversion to acreage, no survey need be made unless deemed necessary by the public works director. (Ord. 1085 § 1, 2009.)

17.04.200 Information required on a final map.

Information required on all final maps shall be as listed in the public works standard specifications and details. The initial submittal, and all revised submittals provided thereafter, shall be accompanied by the public works department checklist for submittal of subdivision improvement plans, final and parcel maps. (Ord. 1085 § 1, 2009.)

17.04.210 Survey tie-in – Survey information to be shown.

Wherever the public works director has established a system of coordinates, then the final map survey shall be tied into such system. Each final map shall show clearly what stakes, monuments or other evidences were found on the ground to determine the boundaries of the tract. The adjoining corners of all adjoining subdivisions shall be identified by lot and block numbers, tract name and place of record, or other proper designation. (Ord. 1085 § 1, 2009.)

17.04.220 Data for establishing lots and lines to be shown.

Sufficient data shall be shown on final maps to determine readily the bearing and length of every lot line, block line and boundary line. Dimensions and areas of lots shall be given as to net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundredths of feet. No ditto marks shall be used. Lots containing one acre or more shall show net acreage to nearest hundredths. (Ord. 1085 § 1, 2009.)

17.04.230 Established lines and monuments.

Whenever the public works director has established the center line of a street or alley, adjacent to or in the proposed subdivision, the data shall be shown on the final map indicating all monuments found and making reference to a field book or map. If the points were reset by ties, that fact shall be stated. (Ord. 1085 § 1, 2009.)

17.04.240 Lot numbers.

Lot numbers shall begin with the number “1” and shall continue consecutively through the tract, with no omissions or duplications, and no block designations shall be used. (Ord. 1085 § 1, 2009.)

17.04.250 Lots to be sold or reserved, parcels for dedication and public and private streets to be designated.

The final map shall particularly define, delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedication for any purpose, and public or private streets permitted under the provisions of this chapter, with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication but not accepted shall be designated by letter, and private streets offered but not accepted for dedication shall have inserted the words “Not a Public Street.” (Ord. 1085 § 1, 2009.)

17.04.260 Maps for reverting land to acreage.

Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously so designated with the title “The Purpose of this Map is a Reversion to Acreage.” (Ord. 1085 § 1, 2009.)

17.04.270 Required certificates and acknowledgements.

Certificates, acknowledgements and all other requirements of the Subdivision Map Act and the public works standard specifications and details shall appear on the final map; such certificates may be combined where appropriate. (Ord. 1085 § 1, 2009.)

17.04.280 Examination and approval by public works director and other City departments – Transmittal to the City Council.

A. Upon receipt of the final map and other data submitted therewith, the public works director shall examine such to determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof; that all provisions of this chapter and of any local ordinance applicable at the time of approval of the tentative map have been complied with; and that the map is technically correct.

B. Upon receipt of the final map, the public works director shall transmit the final map and other data submitted therewith to all City departments that reviewed the tentative map to determine if the final map conforms with the tentative map and with all changes permitted and all requirements imposed as a condition to its acceptance. If the reviewing departments determine that such map is in conformity therewith, the public works director shall transmit such map, together with any documents which may have been filed therewith for presentation to the City Council.

C. If the reviewing departments determine the final map does not conform to the tentative map, they shall advise the public works director of the changes or additions that shall be made for such purpose and the public works director shall accord the subdivider an opportunity to make such changes. (Ord. 1085 § 1, 2009.)

17.04.290 Approval where subdivision is partly in the county.

In the event a subdivision is partly in the City and partly in the county, the county surveyor and the public works director shall enter into an agreement by and with the consent of their respective governing bodies providing that the county surveyor shall perform the duties prescribed for the public works director in this chapter or providing for such an apportionment between them of such duties. The county surveyor, when by such agreement all such duties devolve upon him, shall after his performance thereof make the certification upon such map and, when by such agreement such duties are apportioned between the county surveyor and the public works director, it shall be sufficient if each shall after the performance thereof, make a certification on such map touching the duties performed by each. (Ord. 1085 § 1, 2009.)

17.04.300 Action by the City Council.

A. At its first regular meeting following the transmission of the final map and recommendation from the public works director, and within 30 days following such transmission, the City Council shall consider the final map, the plan of subdivision and any offer(s) of dedication.

B. If the City Council determines that the final subdivision map is in substantial conformance with the tentative subdivision map, it shall approve the final subdivision map.

C. If the City Council determines that the final subdivision map is not in substantial conformance with the tentative subdivision map, the Council shall disapprove such map, specifying its reasons therefor and the City Clerk shall in writing advise the subdivider of such disapproval and of the reasons for such disapproval. Within 30 days after the City Council has disapproved any map, the subdivider may file with the City Clerk a map altered to meet the approval of the City Council. In such case, the subdivider shall conform to all the requirements imposed when filing the first final map with the public works department and the same proceedings shall be had thereon as are prescribed by this chapter upon the filing of the first final map with the public works department. (Ord. 1085 § 1, 2009.)

17.04.305 Approval of final parcel maps.

The City Engineer is authorized to approve, conditionally approve, or disapprove final parcel maps (four lots or fewer).

The City Manager, or designee, may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the parcel map. Rejected offers of dedication may nevertheless be accepted at a later date. (Ord. 1231 § 5, 2023.)

17.04.310 Recordation with the county recorder.

When the subdivider shall have filed with the City Clerk the agreement(s) and bonding, or made the deposit described in Article VI of this chapter, and when such agreement(s) and bonding shall have been approved by the City Attorney, the City Clerk shall present the approved final map to the county recorder and thereafter record the same with the county recorder. (Ord. 1085 § 1, 2009.)

17.04.320 Map not to have effect until approved – Title to dedications not to pass until recordation.

No final map shall have any force or effect until the same has been approved by the City Council and no title to any property described in any offer of dedication shall pass until (A) the City Council accepts the offer of dedication; and (B) the map has been recorded by the county recorder. (Ord. 1085 § 1, 2009.)

17.04.325 Amendments to recorded maps.

A. Applicability. After a final map or parcel map is filed in the office of the county recorder, it may be amended as follows:

1. Correction of Errors and Omissions. A certificate of correction or an amended map may be approved for a recorded final map or parcel map in order to correct errors and omissions, such as the following (as used in this section, “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map):

a. Correct an error in any course or distance shown thereon.

b. Show any course or distance that was omitted therefrom.

c. Correct an error in the description of the real property shown on the map.

d. Indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments.

e. Show the proper location or character of any monument which has been changed if location or character originally was shown at the wrong location or incorrectly as to its character.

f. Correct any additional information filed or recorded pursuant to HMC 17.04.180(D) if the correction does not impose any additional burden on the present fee owners of the real property and does not alter any right, title, or interest in the real property reflected on the recorded map.

g. Correct any other type of map error or omission that does not affect any property right, including, but not limited to, lot numbers, acreage, street names and identification of adjacent record maps.

2. Building Envelope Revisions. An amended map may be approved to revise the location and/or boundaries of a building envelope designated on a recorded final map or parcel map because of circumstances that have changed since its recordation, subject to the findings required by subsection (C)(2) of this section.

B. Application Requirements.

1. Draft certificates of correction and amended maps shall be prepared and signed by a registered civil engineer or licensed land surveyor.

2. Draft amended maps shall conform to the requirements of HMC 17.04.180 (Content and form of a final map).

3. Draft certificates of correction and amended maps shall set forth in detail the proposed corrections or revisions and show the names of the fee owners of the affected real property on the date of the filing or recording of the original recorded map.

4. An application for a building envelope revision shall be accompanied by plans and other information that demonstrate the need for the revision and the intended use of the revised building envelope. The zoning administrator may require the submittal of documentation such as a biological assessment, arborist report, geotechnical report or visual simulation in support of the application to be used as the basis for making the findings required in subsection (C)(2) of this section.

C. Review Process.

1. The public works director shall have 20 working days in which to examine a proposed certificate of correction or amended map that is intended to correct errors and omissions, and endorse a statement on it of his or her examination and certification, and present it to the county recorder for recordation. In the event the submitted certificate of correction or amended map fails to comply with subsection (B) of this section, the public works director shall return it within the same 20 working days to the applicant, together with a written statement of the changes necessary to make it conform to the requirements of Subsections (B)(1) through (B)(3) of this section. The preparer may then make the required changes and resubmit the certificate of correction or amended map to the public works director for further consideration.

2. The planning and building director, acting as the zoning administrator as provided in HMC Title 20 (zoning ordinance), may approve an amended map for a building envelope revision after receiving a recommendation from the public works director and holding a public hearing, in accordance with Article 25 of HMC Title 20 (zoning ordinance) of the City’s municipal code. The hearing shall be confined to consideration of, and action on, the proposed modifications. In approving or conditionally approving an application for revisions to a building envelope, the zoning administrator shall make all of the following findings:

a. There are changes in circumstances that make the size and/or location of the building envelope as shown on the recorded map no longer appropriate or necessary.

b. The revisions do not impose any additional burden on the fee owners of the real property.

c. The revisions do not alter any right, title, or interest in the real property reflected on the recorded map.

d. The revisions are consistent with the general plan and any applicable specific plan.

e. The building envelope revisions and the intended use of the revised building envelope do not significantly and adversely affect natural features such as wetlands, riparian areas, heritage-sized trees, habitat areas with high biological value, geologically unstable areas, seismic faults, visually prominent hillsides or ridgelines, or the privacy or viewshed of residents in the vicinity.

f. The potential environmental impacts of the revised building envelope revision have been adequately addressed.

D. Actions Subsequent to Approval. The amending map or certificate of correction certified by the public works director or approved by the zoning administrator shall be filed or recorded in the office of the county recorder in which the original map was filed. (Ord. 1098 § 1, 2010.)

Article IV. Minimum Standards

17.04.330 Relation to general plan.

In all respects, the subdivision shall be considered in relation to the general plan, or any part thereof. (Ord. 1085 § 1, 2009.)

17.04.340 Street and highway design.

Street and highway design in each subdivision shall be in accordance with the City’s general plan, applicable specific plan, public works standard specifications and details, and other applicable agency requirements. (Ord. 1085 § 1, 2009.)

17.04.350 Nonaccess and planting strips.

When the rear of any lots border on any major or secondary street, highway or parkway, the subdivider may be required to execute and deliver to the City an instrument, deemed sufficient by the City attorney, prohibiting the rights of ingress and egress to the rear of such lots across the side lines of such streets or highways. When the rear of any lots border any freeway or parkway, the subdivider may be required to dedicate and improve a planting strip adjacent to such parkway or freeway. (Ord. 1085 § 1, 2009.)

17.04.360 Street names.

All street names shall be as approved by the public works director in consultation with the fire chief. (Ord. 1085 § 1, 2009.)

17.04.370 Subdivision into lots larger than one acre.

Where a parcel is subdivided into a tract of lots of one acre or more that can be further subdivided in the future, the lots may be required by the City Council to provide for the extension and opening of streets and alleys. (Ord. 1085 § 1, 2009.)

17.04.380 Easements.

The subdivider shall grant easements for public rights-of-way, public utilities, emergency vehicle access, and for other public purposes as may be required by the City Council. (Ord. 1085 § 1, 2009.)

17.04.390 Side lines of lots.

The side lines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or radial or approximately radial if the street is curved. (Ord. 1085 § 1, 2009.)

17.04.400 Setback lines.

Setback lines based on the applicable provisions of the Healdsburg zoning ordinance shall be indicated on tentative and final maps. (Ord. 1085 § 1, 2009.)

17.04.410 Boundary lines and divided lots.

No lot shall be divided by a City boundary line, nor any boundary line between registered (Torrens Title) and unregistered land, nor any boundary line between parcels of registered land under separate ownership. Each such boundary line shall be made a lot line. (Ord. 1085 § 1, 2009.)

17.04.420 Double frontage lots.

Lots having double frontage shall not be approved except where necessitated by topographic or other unusual conditions. The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisions of this chapter unless the general layout in the vicinity, lines of ownership, topographical conditions or locations of major or secondary highways justify or make necessary a variation from this requirement. (Ord. 1085 § 1, 2009.)

17.04.430 Walkways – Access to schools, parks, etc.

The subdivider may be required to dedicate and improve walkways across long blocks or to provide pedestrian and/or bicycle access to school, park or other public areas. (Ord. 1085 § 1, 2009.)

17.04.440 Storm drainage.

The subdivider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural watercourse or channel, stream or creek that traverses the subdivision, or at the option of the subdivider provide by dedication sufficient easements or constructions, or both, to dispose of such surface and storm waters. (Ord. 1085 § 1, 2009.)

17.04.450 Size and shape of lots.

The size and shape of lots shall be in conformance with the zoning ordinance and any specific plan regulations effective in the area of the proposed subdivision, except where an exception is approved per Article VII of this chapter. (Ord. 1085 § 1, 2009.)

17.04.460 Dedication of rights-of-way, easements and on- and off-site improvements – Subdivisions of four or fewer lots.

Dedication of rights-of-way, easements, and the construction of reasonable on-site and off-site improvements for the parcels being created as part of a subdivision of four or fewer lots shall be in accordance with Government Code Section 66411.1, as the same may be amended from time to time. (Ord. 1085 § 1, 2009.)

Article V. Improvements

17.04.470 Conformity with standard specifications required.

All improvements undertaken pursuant to this Article V shall be made in accordance with Chapter 17.08 HMC, Property Development. (Ord. 1085 § 1, 2009.)

17.04.480 Plans to be approved by public works director – General requirements for plans.

Improvements required as part of a subdivision shall not be commenced until construction plans for such work have been submitted to and approved by the public works director. Such plans may be required before approval of the final map. All such plans and profiles shall be prepared in accordance with requirements of the public works standard specifications and details on file in the public works department. (Ord. 1085 § 1, 2009.)

17.04.490 Inspections.

All required improvements shall be constructed under the inspection of and to the approval of the public works director. Cost of inspection shall be paid by the subdivider. (Ord. 1085 § 1, 2009.)

17.04.500 Underground utilities.

All underground utilities, sanitary sewers and storm drains installed in streets, service roads, alleys or highways shall be constructed prior to the surfacing of such street, service roads, alleys or highways. Connections for all underground utilities and sanitary sewers shall be laid to such length as will obviate the necessity for disturbing the street or alley improvements, when service connections thereto are made. (Ord. 1085 § 1, 2009.)

17.04.510 Requirements for improvements.

Improvements shall be provided in accordance with the Healdsburg general plan, the Healdsburg Municipal Code and public works standard specifications and details, as well as the following:

A. Streets and Highways. The subdivider shall improve the extension of all subdivision streets, highways or public ways to the intercepting paving line of any county road, City street or state highway.

B. Sidewalks. Sidewalks shall be installed to grades approved by the public works director; provided, that exception to this provision may be granted where topographical or other conditions make the installation of sidewalks impractical.

C. Water. Water mains and fire hydrants connecting to the public water system shall be installed.

D. Street Trees. Street trees shall be of a type and location consistent with any adopted street tree plans, or where no plans exist, as required by the City arborist.

E. Railroad Crossings. Provision shall be made for all railroad crossings necessary to provide access to or circulation within the proposed subdivision, including the preparation of all documents necessary for application to the State Public Utilities Commission for the establishment and improvement of such crossing. The cost of such crossing improvement shall be borne by the subdivider.

F. Electrical Undergrounding. Unless otherwise approved by the City Council, all new electrical distribution facilities installed as a part of subdivisions or existing electrical transmission facilities that require significant modification as a part of the subdivision improvements shall be undergrounded pursuant to the rules, regulations and policies of the electrical utility system of the City. (Ord. 1085 § 1, 2009.)

Article VI. Improvement Bond

17.04.520 Agreement to complete improvements required.

Upon approval by the City Council of the final map, the subdivider shall execute and file an agreement with the City specifying the period within which the subdivider shall complete all improvement work to the satisfaction of the public works director and providing that upon failure to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the public works director and reimbursement to the City for the cost of such inspection by the subdivider. Such agreement may also provide for:

A. The construction of the improvements in phases.

B. An extension of time under conditions therein specified.

C. The termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the public works director to be at least the equivalent of the improvements specified in the agreement and required to be constructed by the subdivider.

D. Progress payments to the subdivider from any deposit money which the subdivider may have made in lieu of providing a surety bond; provided, however, that no such progress payment shall be made for more than 90 percent of the value of any installment of work; and provided, that each such installment of work shall be completed to the satisfaction of the public works director.

E. Any other requirements or provisions as deemed prudent or appropriate by the public works director based on the specific circumstances of the approved subdivision; provided, that such requirements or provisions are otherwise in accordance with the Map Act, this chapter, and other applicable laws. (Ord. 1085 § 1, 2009.)

17.04.530 Bond required – Deposit in lieu of bond.

The subdivider shall also file with the required agreement(s), to assure full and faithful performance thereof, a performance bond for such sum as is deemed by the public works director to be sufficient to cover the cost of such improvements and inspection. Subdivider shall also be required to file a payment bond for such sum as is deemed by the public works director to be sufficient to cover the cost of labor and material necessary to complete such improvements. Such bond shall be executed by a surety company authorized to transact a surety business in this state and shall be satisfactory to and be approved by the City attorney. In lieu of a performance bond, the subdivider may deposit with the City cash in an amount as deemed sufficient by the public works director. (Ord. 1085 § 1, 2009.)

17.04.540 Failure to complete improvements or cover cost of inspection – Appropriation of security.

In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this chapter and the City shall have completed the same, or if the subdivider shall fail to reimburse the City for the cost of inspection, the City shall call on the surety for reimbursement or shall appropriate from any cash deposit, funds for reimbursement. In any such case, if the amount of surety bond or cash deposit shall exceed all cost and expense incurred by the City, it shall release the remainder of such bond or cash deposit and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the City, the subdivider shall be liable to the City for such difference. (Ord. 1085 § 1, 2009.)

17.04.550 Extension of time, progress payments or release of security not to be given until satisfactory completion of improvements.

No extension of time, progress payments from cash deposits or releases of surety bond or cash deposit shall be made except upon certification by the public works director that work covered thereby has been satisfactorily completed and upon acceptance of the public improvements by the City Council. (Ord. 1085 § 1, 2009.)

Article VII. Exceptions

17.04.560 Exceptions.

The planning commission may recommend that the City Council authorize conditional exceptions to any of the requirements and regulations set forth in this chapter in approving a tentative map of five or more lots and may authorize such exceptions in approving a tentative map of four or fewer lots. Application for any such exception shall be made by a verified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision. (Ord. 1085 § 1, 2009.)

17.04.570 Objectives to be attained.

In approving exceptions pursuant to HMC 17.04.560, the approving body shall secure substantially the objectives of the regulations to which the exceptions are granted as to light, air and the public health, safety, convenience and general welfare. (Ord. 1085 § 1, 2009.)

17.04.580 Required findings.

In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the approving body find the following facts with respect thereto:

A. That there are special circumstances or conditions affecting such property.

B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. (Ord. 1085 § 1, 2009.)

17.04.590 Report to City Council.

In recommending the authorization of any exception pursuant to HMC 17.04.560, the planning commission shall report by resolution to the City Council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated. (Ord. 1085 § 1, 2009.)

Article VIII. Park and Recreational Land

17.04.600 Purpose of article.

This article is enacted pursuant to the authority granted by Section 66477 of the Government Code (the “Quimby Act”). The park and recreational facilities for which dedication of land or payment of a fee is required by this article are in accordance with the general plan and the parks and open space master plan. (Ord. 1192 § 2, 2019; Ord. 1085 § 1, 2009.)

17.04.610 Application.

Except as provided in HMC 17.04.720 this article applies to all subdivisions of land involving residential dwelling units. (Ord. 1192 § 2, 2019.)

17.04.620 Requirements.

As a condition of approval of a tentative subdivision map or parcel map involving residential use of land, the subdivider shall dedicate land, pay a fee in lieu thereof or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula adopted by the City Council in this article and any supporting City Council resolutions. (Ord. 1192 § 2, 2019.)

17.04.630 General standard.

It is hereby found and determined that the public interest, convenience, health, welfare and safety require that at least five acres of property for each 1,000 persons residing within this City be devoted to local park and recreational purposes, and that the amount of the existing neighborhood and community park area as calculated pursuant to this article exceeds that limit. (Ord. 1192 § 2, 2019.)

17.04.640 Criteria for decision regarding dedication, fee or both.

A. If the proposed subdivision has 50 parcels or fewer, only the payment of a fee in lieu of parkland dedication shall be required.

B. If a proposed subdivision has more than 50 parcels, the City Council may require the dedication of land, the payment of a fee in lieu thereof, or a combination of both. Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof or a combination of both shall be determined by consideration of the following:

1. Whether any park has already been designated or created in the area to be subdivided;

2. Compatibility of dedication with the goals and policies stated in the general plan, the parks and open space master plan, an area plan or any related plan;

3. Topography, geology, access and location of land in the subdivision available for dedication;

4. Size and shape of the subdivision and land available for dedication;

5. Feasibility of dedication;

6. Availability of previously acquired park property and proximity to the proposed subdivision.

C. The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive. (Ord. 1192 § 2, 2019; Ord. 1085 § 1, 2009. Formerly 17.04.680.)

17.04.650 Formula for dedication of land.

The subdivider shall dedicate five acres of land for each 1,000 persons anticipated to be living in the subdivision. The number of persons anticipated to be living in the development is calculated by multiplying the number of each particular class of dwelling units (i.e., single-family, multifamily, etc.) within the development by the average household size of such class of unit and adding the calculated figures together. The average household size of such class of unit is established by the park land dedication and in-lieu fee study prepared by Economic & Planning Systems, Inc., in 2018 which was adopted by City Council resolution. (Ord. 1192 § 2, 2019.)

17.04.660 Amount of fees in lieu of land dedication.

When a fee is to be paid in lieu of land dedication, the amount of such fee will be determined by the fair market value of the amount of usable park land which would otherwise be required to be dedicated pursuant to HMC 17.04.650. Unless otherwise required by the City Council as provided in HMC 17.04.670, the fee shall be used for developing new or the rehabilitation of existing neighborhood or community parks which will serve the residents of the area being subdivided.

The “fair market value” shall be based on an appraisal completed no more than 60 days prior to the project application and submitted by the applicant concurrently with the project application. The appraisal shall be prepared by an appropriately licensed and qualified appraiser approved by the City. (Ord. 1192 § 2, 2019; Ord. 1085 § 1, 2009.)

17.04.670 Limitations on use of land and fees.

A. The land and fees received under this article may be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, and the amount and location of land to be dedicated, the fees to be paid in lieu, or any combination of dedications and fees must bear a reasonable relationship to the use of park and recreational facilities by the future inhabitants of the subdivision.

B. Notwithstanding subsection (A) of this section, the fees may also be used for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if all of the requirements of Government Code Section 66477(a)(3)(B) are met. Those requirements are:

1. The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population.

2. The neighborhood in which the subdivision for which the fees were paid has a park area that meets or exceeds the ratio of five acres of park area per 1,000 members of the neighborhood population.

3. The City Council holds a public hearing before using the fees pursuant to this section.

4. The City Council makes a finding supported by substantial evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the neighborhood where the fees are used.

5. The fees are used within a specified radius and are consistent with the adopted general plan or specific plan of the city or county. The “specified radius” for which the fees may be used includes all areas within the City’s sphere of influence.

C. Pursuant to Government Code Section 66477(a)(6), the City will develop a schedule specifying how, when, and where it will use the land or fees, or both, to develop park or recreational facilities to serve the residents of the subdivision. Fees shall be committed within five years after payment or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. (Ord. 1192 § 2, 2019; Ord. 1085 § 1, 2009.)

17.04.680 Credit for improvements to dedicated land.

If the subdivider installs any park improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this article if the decision-making body determines that such improvements are in the best interest of the City. (Ord. 1192 § 2, 2019.)

17.04.690 Reserved.

(Ord. 1192 § 2, 2019; Ord. 1085 § 1, 2009.)

17.04.700 Procedure for paying of fees or dedication of land.

A. At the time of approval of the tentative subdivision map or parcel map, the decision-making body shall determine the land to be dedicated or fees to be paid by the subdivider.

B. At the time of the filing of the final subdivision map or parcel map, the subdivider shall dedicate the land as previously determined by the decision-making body. Where the decision-making body has determined that fees shall be paid in lieu of or in addition to the dedication of land, the subdivider shall pay such fees on a lot-by-lot basis and prior to the issuance of any building permit for any building or structure to be located upon any one of the lots in the subdivision. (Ord. 1192 § 2, 2019; Ord. 1085 § 1, 2009.)

17.04.710 Commencement of development.

At the time of approval of the final subdivision map, the decision-making body shall specify when development of the park or recreational facilities shall commence. (Ord. 1192 § 2, 2019; Ord. 1085 § 1, 2009.)

17.04.720 Exemptions.

Provisions of this article shall not apply to any of the following:

A. Commercial or industrial subdivisions.

B. Subdivisions containing fewer than five parcels and not used for residential purposes. However, a condition shall be placed on the approval of any such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee otherwise due pursuant to this article shall be required to be paid by the owner of such parcel as a condition to the issuance of such permit.

C. Condominium projects or stock cooperatives that consist of the subdivision of airspace in an existing department building that is more than five years old when no new dwelling units are added.

D. Accessory dwelling units, as regulated by HMC 20.20.010. (Ord. 1192 § 2, 2019.)

Article IX. Subdivision into Condominium and Community Apartment Projects

17.04.730 Subdivisions subject to this chapter.

A tentative subdivision and final subdivision map shall be required for all subdivisions creating five or more condominiums as described in Section 1351(f) of the Civil Code of California, a community apartment project (as defined in Section 1351(d) of the Civil Code of California) containing five or more parcels, or for the conversion of a dwelling to a stock cooperative (as defined in Section 1351(m) of the Civil Code of California) containing five or more dwelling units. A subdivision map may be approved for a condominium, community apartment development, or for the conversion of a dwelling to a stock cooperative, where fewer than five parcels are created, with waiver of a final map, as otherwise provided in this chapter, for so-called minor subdivisions or lot splits, but only if the project meets all of the requirements of this article. (Ord. 1085 § 1, 2009.)

17.04.740 Tentative map.

A tentative map for the division of land or air space, or both, intending to create condominiums, community apartment projects, or stock cooperative projects shall comply fully with the requirements of the Subdivision Map Act and any other general law of the state, and shall include or be accompanied by drawings or exhibits to provide the following data and information:

A. The estimated square footage of each unit and number of rooms in each unit.

B. The general layout of all common areas.

C. The general layout and location of all storage space outside of each unit.

D. The general layout and locations of all facilities and amenities provided within the common area for the enjoyment and use of the unit owners.

E. The general layout of all parking spaces.

F. Tree and landscaping removal and proposed planting.

G. The location, structural section and type of surfacing for all driveways, pedestrian ways and vehicle parking areas.

H. The location, type and size of all drainage pipes and structures.

I. The location, type and size of all on-site and adjacent overhead and underground utility lines.

J. Proposed public areas to be dedicated, scenic easements proposed, or land or money in lieu of land to be given for recreational or other areas as provided in the general law or the state or local ordinances.

K. The proposed sale price of each unit, the proposed rental price of each unit, and the terms of any proposed bonus or discount to initial purchasers or present residents.

L. A statement of the developer’s anticipations regarding the financing or the units upon sale, whether the project will involve prearranged financing, whether such financing will be federally insured, proposed down payments, and proposed monthly maintenance charge for each unit.

M. Whether sales will be permitted to families with minor children.

N. A copy of the proposed covenants, conditions, and restrictions affecting owners of the dwelling units.

O. A copy of the applicant’s proposed application for a subdivision public report in the event one is required to be issued by the Department of Real Estate of the State of California. (Ord. 1085 § 1, 2009.)

17.04.750 Conversion of existing buildings.

If the application made by the tentative map involves the conversion of existing structures from conventional design or use to a division into condominiums, community apartment projects or stock cooperative projects, including divisions intended for commercial or industrial use, the application shall provide the following additional information:

A. A report showing the extent to which the proposed conversion will not comply fully with the building code, zoning ordinance, and fire code of the City existing as of the date of the application.

B. A report showing the structural condition of all buildings and structures existing on the property, as determined by a qualified civil or structural engineer, with specific reference to the extent to which any condition existing in such structure is unsafe or dangerous.

C. A report showing in detail the condition and useful life of the electrical and plumbing elements of all existing structures. Such report shall be prepared by licensed electrical and plumbing contractors and shall contain specific reference to the extent to which any condition existing in such structure is unsafe or dangerous.

D. A report containing descriptive acoustical data which indicates the noise attenuation characteristics of existing party walls, floors, ceilings, including a sample of at least 10 percent of the units involved, but in no case fewer than two units. The planning and building director shall approve the selection of a qualified individual to make said report. The report shall offer a comparative analysis of test data as it relates to state and local noise attenuation requirements.

E. Applicant’s verification that each tenant of residential real property has received written notification of intention to convert at least 60 days prior to the filing of the tentative map.

F. Applicant’s proposed program to accommodate tenants or residential units sought to be converted with specific reference to relocation assistance, availability of substitute housing, and a statement of the terms of any sales price preference to present tenants. (Ord. 1085 § 1, 2009.)

17.04.760 Conversions – Required findings for final map.

The City Council shall not approve a final map for a subdivision to be created from the conversion or residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds all of the following:

A. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received, pursuant to the requirements of Government Code Sections 66452.17 through 66452.20, written notification of intention to convert at least 60 days prior to the filing of a tentative map.

B. Each of the tenants has, or will have, received all notices of public hearings as required by the provisions of Government Code Sections 66451.3(b) and 66452.5(b).

C. Each tenant has received 10 days’ written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request.

D. Each of the tenants of the proposed project has been, or will be, given written notification within 10 days of approval or a final map for the proposed conversion.

E. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given 180 days’ written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion.

F. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or upon terms more favorable to the tenant. (Ord. 1085 § 1, 2009.)

17.04.770 General provisions.

A. Required Findings. An application for conversion of existing structures into condominiums, community apartment projects or stock cooperative projects shall not be granted unless the finding can be made that the proposed conversion is consistent with the goals and policies of the general plan directed to such conversions. A finding shall also be made that the proposed conversion is consistent with the public health, safety and welfare.

B. Each application shall be decided upon its own merits, in accordance with standards set forth herein. Failure of existing structures to meet all current regulations as to design or location of buildings on land and failure to meet current plumbing, electrical and similar regulatory codes or failure to meet all requirements of the current zoning ordinance with regard to area, height, bulk, setbacks, parking, and similar regulations shall be grounds for denial of the application, unless it is found that waivers and variances may be granted independently and that denial of the application would constitute an unconstitutional or unjust retrospective application of current regulations.

C. The suitability of units proposed for conversion shall receive consideration with regard to open space, levels of privacy, ease and degree of maintenance, existence of individual utility meters, and private storage space for personal items, including recreational vehicles. (Ord. 1085 § 1, 2009.)

17.04.780 Design review.

All projects for conversion of existing structures into a condominium, community apartment project or stock cooperative project shall receive design review approval by the planning commission. (Ord. 1085 § 1, 2009.)

17.04.790 Approval or conditional approval.

A. The planning commission shall not recommend approval and the City Council shall not approve a proposal to convert apartments into condominiums unless the applicant demonstrates that the conversion will not have a serious detrimental effect on the City’s rental supply.

B. For a period of one year following the rejection of an offer by the tenant in possession, the applicant shall not offer the unit for sale to any other person on terms in any respect more favorable than those offered the tenant.

C. The applicant shall demonstrate that those tenants not desiring to purchase are provided financial and other assistance to relocate if desired by the tenant. In no case shall the financial assistance be less than one month’s rent.

D. The planning commission and City Council shall review the applicant’s relocation and financial assistance plan and may attach conditions of approval when needed to ensure that tenants are relocated into a comparable unit at the applicant’s expense.

E. If the project was granted a density bonus or other concessions based on affordability factors, conditions of approval shall be applied to ensure continued compliance with the affordability factors. (Ord. 1085 § 1, 2009.)

17.04.800 Approval of final map.

Following approval of a tentative map by the City Council as provided in this article, a final map may be submitted for approval and recording in the manner set forth in this chapter, but before approval the applicant or developer shall perform any condition which has been imposed in the approval or the tentative map for the purpose of bringing structures into compliance with current codes and other regulations. Each structure, unit, or part thereof, which is to be furnished with water, gas, electricity, or other utility, shall be equipped with service facilities and meters in such manner as to meet all current regulations of the City and the utility companies which will supply such services. If approval of a final map entails the execution of a subdivision improvement agreement to be secured as to performance and payment for labor and materials, as provided in the Subdivision Map Act, such work may be deferred and made subject to such agreement and security. (Ord. 1085 § 1, 2009.)

Article X. Vesting Tentative Maps

17.04.810 Filing and processing.

A vesting tentative map shall be filed in the same form and have the same contents, and accompanying data, fees and reports, and shall be processed in the same manner as set forth in this chapter for a subdivision map except as hereinafter provided.

A. At the time a vesting subdivision map is filed, it shall have printed conspicuously on its face the words “Vesting Subdivision Map.” (Reference: Government Code Section 66452.)

B. At the time a vesting subdivision map is filed, a subdivider shall also file and supply the following information. An application shall not be deemed complete unless accompanied by the following:

1. Boundary survey map prepared by a registered land surveyor.

2. Detailed improvement plans for all roads, streets, highways, and ways in the proposed subdivision including the location, names, exact widths, curve radii and grades, typical sections, and an indication as to whether the facility is intended to be public or private. Details of curbs, gutters, sidewalks and other improvements shall be shown and shall be of such scale as to show clearly all details thereof.

3. Precise drainage and flood control plans, including cross-sections for all creeks, streams, channels and the like. All lot drainage, including easements required for lot-to-lot drainage, and off-site drainage shall be addressed. Additionally, all proposed erosion control measures shall be included.

4. Precise sewerage plans and a capacity study of the downstream collector sewer.

5. Precise water supply plans.

6. Detailed grading plans, showing existing and proposed grades, the extent of cut and fill, slope angles of all banks, spot evaluations at the top of cuts and toe of fills and all hillside grading, any existing or proposed retaining walls, and sections at lot lines and subdivision boundaries. Contour lines shall have one-foot intervals for zero to five percent cross slope, and five-foot (maximum) intervals for over five percent cross slope. The scale shall be sufficiently large to show the details of the plan clearly (preferably one inch equals 100 feet).

7. Location, delineation and dimensions of parking spaces for each lot, unit, or building in compliance with the zoning ordinance.

8. Precise location of building envelopes for proposed buildings and a statement as to their intended use.

9. Precise location and setbacks for existing buildings.

10. Location and approximate boundary of all proposed public areas.

11. Landscaping plans including species, can size, and irrigation and maintenance plans for multi-family, commercial and industrial projects.

12. A soils report based upon adequate test borings or excavations and prepared by a registered civil engineer.

13. A geological report based upon adequate tests and prepared by a registered civil engineer or registered engineering geologist which addresses and resolves all stability and fault setbacks.

14. A statement setting forth the nature, type, and extent of public infrastructure and services which will, during the life of the proposed vesting tentative subdivision and final subdivision maps, be needed to serve the area in which the subdivision is to be located.

15. Unless specifically deemed unnecessary by the public works director, a traffic study prepared by a registered traffic engineer in the format requested by the City.

16. All information deemed necessary to complete an initial study of environmental significance.

17. Pedestrian circulation and emergency vehicle access.

18. In the case of a map creating condominiums, townhouses, multifamily housing, a planned unit development (as defined in the City zoning ordinance), zero lot line parcels, reduced lot (sub-5,000-square-foot) single-family detached subdivisions, or where otherwise determined applicable by the City planner, the following additional materials shall be required:

a. Proposed height, size and footprint of all buildings and precise building locations.

b. Architectural plans for all buildings including floor plans, elevations, perspectives as necessary to illustrate design concept, color and material samples and proposed signs.

c. Precise plan of all common areas including location of sidewalks and walkways to serve all units, location of recreational and other common usage facilities, and an exterior lighting plan.

d. Precise plans of all individual lots including location of patios, fences and walkways.

e. Precise plans of all garages, carports, parking spaces and loading spaces as well as plans of any areas of common trash collection facilities and/or gang type mailboxes.

f. Summary statement on net and gross densities, areas of public and private open space, coverage of land by structures, number and type of units, uses to which the buildings will be put, required and proposed number of parking and loading spaces, and maintenance of all common facilities.

19. Such additional information as may be required by the planning and building director. (Ord. 1085 § 1, 2009.)

17.04.820 Planning commission action.

The planning commission shall consider and take action on a vesting tentative subdivision map application according to the procedures set forth for tentative subdivision maps in this chapter. (Ord. 1085 § 1, 2009.)

17.04.830 City Council action.

The City Council shall consider and take action on a vesting tentative subdivision map application according to the procedures set forth for subdivision maps in this chapter. (Ord. 1085 § 1, 2009.)

17.04.840 Development rights vesting on approval.

A. The approval or conditional approval of a vesting subdivision map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in the Subdivision Map Act.

B. Notwithstanding subsection (A) of this section, a permit, approval, extension, or entitlement for a vesting subdivision map may be made conditional or denied if any of the following are determined:

1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

2. The condition or denial is required in order to comply with state or federal law, regulations, or applicable court decisions.

3. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting subdivision map, as provided by the Subdivision Map Act.

C. In addition to conditions otherwise allowed by statute, ordinance, plan or the City’s police power, vesting subdivision maps may also be subject to a condition which identifies the nature, type, and extent of public infrastructure or services which will be needed to serve the proposed subdivision and surrounding area during the projected life of the vesting subdivision and final subdivision maps and which requires that the precise amount of the subdivider’s contribution toward those types of infrastructure and services shall be calculated by the applicable City department and paid at the time that building permits are issued. (Ord. 1085 § 1, 2009.)

17.04.850 Modification.

If the subdivider seeks to modify an approved or conditionally approved vesting subdivision map, such modification may be granted at the discretion of the City Council, following a recommendation by the planning commission, but only after public notice and hearing in accordance with Government Code Section 66451.3. If the City Council approves the requested modification or any portion thereof, the City Council may impose any additional conditions on such maps. Any such modification shall not extend the life of the vesting subdivision map or any rights created thereby. (Ord. 1085 § 1, 2009.)

Article XI. Voluntary Mergers

17.04.860 Purpose.

This article provides procedures for the filing, processing and approval or denial of voluntary lot mergers. (Ord. 1085 § 1, 2009.)

17.04.870 Application.

A. Two or more contiguous legal parcels of land under common ownership may be voluntarily merged upon application of the record owner(s) to the planning and building department without reverting to acreage pursuant to the provisions of this article.

B. The record owner(s) of the properties involved in a voluntary lot merger shall submit an application to the planning and building department that contains the following, in addition to the standard submittal requirements for all applications:

1. Record Title Owner’s Consent. A certificate prepared in accordance with the standards set forth in the Subdivision Map Act, signed and acknowledged by all parties having any record title interest in the real property proposed to be merged, consenting to the preparation and recordation of the notice of merger and to the waiver of notice of said merger.

2. Legal Description. The application shall contain a legal description for each of the resulting parcels proposed by the voluntary merger, signed and sealed by a registered civil engineer authorized to practice land surveying in California, or by a licensed California land surveyor.

3. Such other data, documents, or maps as may be required by the planning and building director or public works director to illustrate or legally describe the proposed configuration, dedications, etc., including, but not limited to, a record of survey.

C. Upon receipt of a complete voluntary merger application, and payment of all relevant fees established by the City Council by resolution as a reasonable estimate of the cost to process the voluntary merger, the planning and building department shall refer the merger application to the public works department for review and comment. (Ord. 1085 § 1, 2009.)

17.04.880 Procedure.

A. Planning and Building Director Action. The planning and building director shall approve a voluntary lot merger application if all of the following findings can be made:

1. The merger is consistent with the Healdsburg general plan, Healdsburg zoning ordinance and any applicable specific plan or area plan.

2. The merger would not result in an undesirable lot pattern that would interfere with the development of other properties.

3. The merger would not be contrary to the public health, safety or welfare.

B. Merger of Unbuildable Lots. The voluntary merger of contiguous parcels held in common ownership which are unbuildable because of size, lack of access or topography shall not be approved unless the owner of the parcels either merges all commonly held contiguous parcels to achieve maximum compliance with the underlying zoning in effect as of the date of the application, or merges contiguous parcels held in common ownership into configurations that are consistent with the underlying zoning in effect as of the date of the application.

C. Conditions of Approval. The planning and building director may impose conditions of approval on a lot merger application only as necessary to conform the merged parcel to the general plan, zoning ordinance, specific or area plan, or building code as adopted and amended by the City Council; or to facilitate the relocation of existing utilities, infrastructure, or easements.

D. Decision Final. The decision of the planning and building director shall be final unless the applicant appeals the decision to the planning commission.

E. Appeal. The applicant may appeal a decision of the planning and building director by filing a notice of appeal to the planning commission in writing on forms approved by the City within 10 days of the decision. Public notice of the hearing on the appeal shall be given at least 10 days prior to the hearing. The planning commission may affirm, reverse, or modify the planning and building director’s decision or add conditions as it finds warranted under the provisions of this article. The applicant may appeal a decision of the planning commission to the City Council by filing an application with the City within 10 days of the planning commission’s decision. Public notice of the hearing shall be given at least 10 days prior to the hearing. The City Council may affirm, reverse, or modify the planning commission’s decision or add conditions as it finds warranted under the provisions of this article.

F. Instrument of Merger. Upon approval, the planning and building director shall issue an instrument of merger, which shall be filed by the record owner(s) with the Sonoma County recorder within 90 days of approval.

G. Planning Commission Referral. The planning and building director may refer any lot merger application to the planning commission for review and action. (Ord. 1085 § 1, 2009.)

For state law as to subdivisions, see Government Code § 66410 et seq. As to requirement of city to adopt an ordinance regulating and controlling the design and improvement of subdivisions, see Government Code § 66411. As to zoning, see HMC Title 20.