Agenda, regular meeting — Sonoma City Council, June 1, 2022 (part 1 of 2)

City Council:

Jack Ding, Mayor
Kelso Barnett, Vice Mayor
Madolyn Agrimonti
Robert Felder
Sandra Lowe
This meeting will be conducted in person only with no virtual public participation. Members of the public are encouraged to attend the meeting and make public comment.

Emails will continue to be accepted; however, they will not be read aloud at the meeting.

The meetings will continue to be live streamed on the City's CivicWeb Portal (sonomacity.civicweb.net) and YouTube Channel.

REGULAR MEETING OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, June 1, 2022
6:00 p.m. Regular Meeting
****
AGENDA
Be Courteous - TURN OFF your cell phones and pagers while the meeting is in session.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.

Page
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Felder, Lowe, Barnett, Agrimonti, Ding)

REPORT ON CLOSED SESSION

APPROVAL OF AGENDA

1. COMMENTS FROM THE PUBLIC
At this time, members of the public may comment on any item not appearing on the agenda. It is recommended that you keep your comments to three minutes or less. Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Upon being acknowledged by the Mayor, please step to the podium and speak into the microphone. Begin by stating and spelling your name.

2. MEETING DEDICATIONS

3. PRESENTATIONS

4. CONSENT CALENDAR – CITY COUNCIL
All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.

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4.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)

4.2: Adopt a Resolution Approving Addendum #1 to Professional Services Agreement Between the City and Interwest Consulting Group for Interim Public Works Director Services (Interim City Manager)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Addendum 1 - Interwest Agreement - Pdf
5 - 9

4.3: Adopt an Ordinance Amending Sonoma Municipal Code, Title 2 – Administration and Personnel, by 1) repealing Chapter 2.48 (Community Services and Environment Commission) and adding a new Chapter 2.48 (Parks, Recreation and Open Space Commission); and 2) Adding a new Chapter 2.50 (Climate Action Commission) and Amending Title 12 – Streets and Sidewalks, by amending Section 12.08.020 (S) of the Tree Ordinance and Finding that the proposed amendments are exempt from the California Environmental Act (CEQA) under Section 15061(b)(3) - General Rule - of the CEQA Guidelines (Interim City Manager and Planning & Community Services Director)
RECOMMENDATION: Adopt the Ordinance.

Agenda Report - PROS/CAC Ordinance - Pdf
10 - 16

5. PUBLIC HEARING

5.1: Discussion, Consideration, and Possible Action to Introduce an Ordinance Amending the Sonoma Municipal Code Title 19, Section 19.10.050 (Allowable Land Uses and Permit Requirements) and Adding Title 19, Section 19.50.140 (Time-shares) to the City of Sonoma Municipal Code and Finding this Action Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that Have the Potential for Causing a Significant Effect on the Environment (Planning & Community Services Director and Associate Planner)
RECOMMENDATION: Introduce the Ordinance.

Agenda Report - Introduction -Time Shares - Pdf
17 - 25

5.2: Discussion, Consideration, and Possible Action to Introduce an Ordinance Amending the Sonoma Municipal Code to Add Section “19.43 – Multi-family Objective Standards” and Finding this Action Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment (Planning & Community Services Director and Associate Planner) RECOMMENDATION: Introduce the Ordinance.

Agenda Report - Ordinance Introduction - Multi-Family Objective Standards - Pdf
26 - 41

5.3: Discussion, Consideration, and Possible Action to Introduce of an Ordinance Amending the Sonoma Municipal Code to Move the Subdivision Ordinance, Codified in Division VI of Title 19, Chapters 19.60 through 19.71, to Title 16, Chapters 16.01 through 16.13 with Minor Substantive Changes and Find the Proposed Amendments Are Exempt From the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) - General Rule - of the CEQA Guidelines (Planning & Community Services Director and Associate Planner) 42 - 121

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RECOMMENDATION: Introduce the Ordinance.

Agenda Report - Ordinance Introduction - Sub Division - Pdf

6. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)

6.1: Consideration, Discussion, and Possible Action to Introduce an Ordinance Repealing Sonoma Municipal Code Chapter 2.02, Campaign Contribution Limitations, and Adding Sonoma Municipal Code Chapter 2.02, Campaign Finance Regulations and Raising the Contribution Limits to Either Five Hundred or Eight Hundred Dollars (City Attorney and City Clerk) RECOMMENDATION: Discuss and direction.

Agenda Report - Introduction - Campaign Ordinance - Pdf 122 - 141

6.2: Consideration, Discussion, and Possible Action Regarding a Vacant Parcel Tax in the City of Sonoma (City Attorney and City Clerk) RECOMMENDATION: Discussion and direction.

Agenda Report - Vacancy Parcel Tax - Pdf
142 - 144

6.3: Discussion, Consideration and Possible Action to 1) Adopt a Resolution Approving the Continuance of the Sonoma Al Fresco Program and Directing Staff to Develop Comprehensive Parklet Design Guidelines; 2) End the Sonoma Al Fresco Program on October 31, 2022 and with Removal of All Parklets by November 18, 2022 (Interim City Manager and Senior Management Analyst)
RECOMMENDATION: Discussion and direction.

Agenda Report - Sonoma Al Fresco Program - Pdf
145 - 149

6.4: Discussion, Consideration, and Possible Action to Implement a Residential Permit Parking Program (RPPP) in the residential neighborhood of Broadway and Clay Street. The proposed RPPP is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment (Public Works Director/City Engineer)
RECOMMENDATION: Discussion and direction.

Agenda Report - Residential Permit Parking Program (RPPP) for the Broadway and Clay Street Neighborhood - Pdf
150 - 153

6.5: Discussion, Consideration, and Possible Action to Address Existing Traffic Conditions at the intersection of East Napa Street and Fifth Street East (Public Works Director/City Engineer)
RECOMMENDATION: Discussion and direction.

Agenda Report - Existing Traffic Conditions at the intersection of East Napa Street and Fifth Street East - Pdf
154 - 161

7. COUNCILMEMBERS’ REPORTS AND COMMENTS

7.1: Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will shared at this time. A list of all appointments is available on our City Website for easy reference.

8. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

9. CITY ATTORNEY COMMENTS

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10. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Rebekah Barr, MMC, City Clerk/Executive Assistant.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are normally available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours.

If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda, or in written correspondence delivered to the City Clerk, at or prior to the public hearing.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

APPOINTMENTS TO COMMITTEES: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

CLOSED SESSION: If action is taken during a Closed Session meeting which is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".

MOTION FOR RECONSIDERATION: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48-hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Jun 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Agenda Item Title
Adopt a Resolution Approving Addendum #1 to Professional Services Agreement Between the City and Interwest Consulting Group for Interim Public Works Director Services Summary
On January 3, 2021 the City entered into an agreement with Interwest Consulting Group to provide Interim Public Works Director services upon the retirement of Colleen Ferguson. The term of the agreement was through June 30, 2022 and in an amount not to exceed $45,000.

The previous City Manager requested additional services from the consultant to assist with on-boarding of the new permanent Public Works Director, however, the agreement was not modified to cover these additional expenses.

At this time, the contract amount has been exceeded by $4,210.00. Staff is presenting the attached addendum to update the contract amount to reflect the work that has already been completed.

Recommended Council Action
Adopt the resolution.

Alternative Actions
Council discretion.

Financial Impact
This approval has a financial impact of $4,210.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
Interwest Addendum
Agenda Item #4.2:

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City of Sonoma
RESOLUTION # ____ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SONOMA APPROVING ADDENDUM #1 THE PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY AND

INTERWEST CONSULTING GROUP FOR INTERIM PUBLIC

WORKS DIRECTOR SERVICES
WHEREAS, on January 3, 2021, the City entered into an
agreement with Interwest Consulting Group for the services of an Interim Public Works Director; and
WHEREAS, the term of the agreement was through June 30, 2022; and
WHEREAS, the compensation for services was set at an amount not to exceed Forty- Five Thousand Dollars ($45,000.00); and WHEREAS, additional services were requested to assist with onboarding new Public Works Director and the final compensation totaled Forty-Nine Thousand Two-Hundred and Ten Dollars ($49,210.00); and
WHEREAS, it is the desire of the parties to enter into this Addendum #1 to reflect the amended total compensation for the additional services provided by the CONSULTANT as requested by CITY.

NOW, THEREFORE, BE IT RESOLVED that the CITY approves
this Addendum #1 as follows:

I Compensation - The total compensation is
amended to be set at $49,210.00, with the remaining
balance payable upon execution of this amendment.

II Effective Date - The effective date of this
agreement shall be June 2, 2022.

PASSED AND ADOPTED at a Regular Council Meeting on June 1, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Agenda Item #4.2:

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Jack Ding, Mayor

_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.2:

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ADDENDUM # 1

PROFESSIONAL SERVICES AGREEMENT

CITY OF SONOMA & INTERWEST CONSULTING GROUP
This Addendum is made this 1st day of June 2022, between the City of Sonoma, hereinafter referred to as "City") and Interwest Consulting Group (hereinafter referred to as "Consultant").

RECITALS
WHEREAS, on January 3, 2021, the City entered into an
agreement with Interwest Consulting Group for the services of an Interim Public Works Director as listed in Exhibit A; and WHEREAS, the term of the agreement was through June 30, 2022; and
WHEREAS, the compensation for services was set at an amount not to exceed Forty- Five Thousand Dollars ($45,000.00); and WHEREAS, additional services were required to assist with onboarding new Public Works Director and the final compensation totaled Forty-Nine Thousand Two-Hundred and Ten Dollars ($49,210.00); and
WHEREAS, it is the desire of the parties hereto to enter into this Addendum #1 to reflect the amended total compensation for the additional services provided by the CONSULTANT as requested by CITY.

NOW, THEREFORE, IT IS MUTUALLY AGREED that the CITY
approves this Addendum #1 as follows:

I Compensation
The total compensation is amended to be set at
$49,210.00, with the remaining balance payable
upon execution of this amendment.

II Effective Date.

The effective date of this agreement shall be June 2,
2022.

CITY OF
SONOMA
______________________
Agenda Item #4.2:

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_______
Susan Casey, Interim City
Manager

INTERWEST
_____________________________
Paul Meschino, Vice President Operations
Agenda Item #4.2:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Jun 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
David A. Storer, AICP, Director
Agenda Item Title
Discuss, Consider, and Take Possible Action to Adopt an Ordinance Amending Sonoma Municipal Code, Title 2 – Administration and Personnel, by 1) repealing Chapter 2.48 (Community Services and Environment Commission) and adding a new Chapter 2.48 (Parks, Recreation and Open Space Commission); and 2) Adding a new Chapter 2.50 (Climate Action Commission) and Amending Title 12 – Streets and Sidewalks, by amending Section

12.08.020 (S) of the Tree Ordinance and Finding that the proposed amendments are exempt from the California Environmental Act (CEQA) under Section 15061(b)(3) - General Rule - of the CEQA Guidelines
Summary
On September 10, 2021, the City Council conducted its annual retreat to discuss, among other things, the roles and responsibility of City Commissions and Committees. Specifically, the Council discussed the Design Review and Historic Preservation Commission (DRHPC), Community Service and Environment Commission (CSEC), Traffic Safety Committee, and the Tree Committee. At the retreat, the City Council also directed staff to schedule a joint meeting with the CSEC to discuss, among other things, the role and responsibility of the CSEC.

On January 12, 2022, a joint City Council/CSEC meeting was held to discuss the current and future roles and responsibilities of the CSEC. Based on the discussions of the joint meeting, the City Council directed the CSEC to further discuss matters and make recommendations to the City Council, as needed.

At its February 9, 2022, meeting, the CSEC provided its recommendations to the City Council.

On February 16, 2022, the City Council continued this agenda item (without discussion) to March 2, 2022, where the City Council directed changes be made to the Municipal Code to dissolve the CSEC, create a new Parks, Recreation, and Open Space Committee and also create a new Climate Action Committee. They also directed that the Tree Committee responsibilities be added to the new Parks, Recreation, and Open Space Committee.

On May 18, 2022, the City Council introduced the ordinance on a 4-1 vote (Councilmember Agrimonti opposing) with the following edits: 1) include the ability of each Commission to allow one qualified elector of Sonoma Valley to serve through the direct City Councilmember appointment process; and 2) label each of the two new advisory bodies as Commissions as opposed to being named Committees.

The attached Ordinance implements the direction of the City Council, corrects a potential inconsistency in the scope of Sonoma Valley, and is ready for adoption.

Agenda Item #4.3:

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Recommended Council Action
Adopt the attached Ordinance that amends the Municipal Code to dissolve the CSEC and create two new Commissions, namely, the Parks, Recreation, and Open Space (PROS) Commission and the Climate Action Commission (CAC).

Alternative Actions
Council discretion.

Financial Impact
None.

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281968.v3
City of Sonoma
ORDINANCE #____ - 2022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING TITLE 2 OF

THE SONOMA MUNICIPAL CODE TO DISSOLVE THE COMMUNITY SERVICE AND

ENVIRONMENT COMMISSION AND CREATE THE PARKS, RECREATION, AND OPEN

SPACE COMMISSION AND CLIMATE ACTION COMMISSION AND FURTHER AMENDING TITLE 12 OF THE SONOMA MUNICIPAL CODE TO REVISE THE COMPOSITION OF THE

TREE COMMITTEE
WHEREAS, on September 10, 2021, the City Council conducted its annual retreat to discuss, among other things, the roles and responsibility of City Commissions and Committees, including the Community Service and Environment Commission (CSEC) and the Tree Committee; and
WHEREAS, on January 12, 2022, a joint City Council/CSEC meeting was held to discuss the current and future role and responsibilities of the CSEC and the City Council directed the CSEC to further discuss matters and make recommendations to the City Council, as needed; and WHEREAS, at its February 9, 2022, meeting, the CSEC provided its recommendations to the City Council; and
WHEREAS, on March 2, 2022, the City Council directed changes be made to the Municipal Code to dissolve the CSEC, create a new Parks, Recreation, and Open Space Commission, create a new Climate Action Commission, and add the responsibilities of the Tree Committee to the new Parks, Recreation and Open Space Commission; and WHEREAS, the City Council found the actions to amend the Municipal Code to be Exempt from the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), pursuant to CEQA Guidelines section 15061(b) (3) prior to taking action; and WHEREAS, on May 18, 2022, the City Council introduced the ordinance for adoption.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT TO CHAPTER 2.48 SMC.

Chapter 2.48 of the Sonoma Municipal Code is hereby repealed in its entirety and replaced with the following:

Chapter 2.48

PARKS, RECREATION, AND OPEN SPACE COMMISSION
Sections:

2.48.010 Purpose.

2.48.020 Composition – Parks, recreation, and open space commission.

2.48.030 Duties and responsibilities.

Agenda Item #4.3:

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281968.v3

2.48.010 Purpose.

The purpose of the parks, recreation, and open space commission shall be to advise the city council on matters related to the preservation and enhancement of the parks, recreational facilities, and open space under the jurisdiction of the city.

2.48.020 Composition – Parks, recreation, and open space commission.

The parks, recreation, and open space commission shall be governed by Chapter 2.40 SMC and any rules and procedures established by city council resolution. The parks, recreation, and open space commission shall be composed of seven members. Five of the commission members shall be voting members with each city council member making one direct appointment to the commission. At least four voting members shall be qualified electors of the city. The remaining voting member may be a qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy. One non-voting member shall be an arborist certified by the International Society of Arboriculture and the other non-voting member shall be a youth member who shall be at least 14 years of age, but no older than 18 years of age at the time of appointment.

The two non-voting members shall be appointed by the city council and shall be residents of the city or Sonoma Valley, as defined by the council commission and committee appointment policy.

2.48.030 Duties and responsibilities.

The parks, recreation, and open space commission shall act in an advisory capacity to the city council in matters pertaining to:

A. The planning and implementation of new recreation facilities and services; B. Open space acquisition and preservation;
C. The restoration of important habitat areas within the city; D. Proposed improvements or modifications to existing street thoroughfares, including but not limited to sidewalk areas, city parks, cemeteries, trails, bikeways, and related facilities; E. Policies related to the use of the Plaza and other city parks, not including review or approval of special event permits;
F. Policies and programs related to tree preservation and expanding tree planting opportunities in the city, including but not limited to public rights-of-way; G. The functions of the tree committee under Chapter 12.08 SMC; and H. Such other duties and responsibilities as delegated by the city council.

SECTION 2. ADDITION OF CHAPTER 2.50 SMC.

Agenda Item #4.3:

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281968.v3
Chapter 2.50 of the Sonoma Municipal Code is added to read as follows:

Chapter 2.50

CLIMATE ACTION COMMISSION
Sections:

2.50.010 Purpose.

2.50.020 Composition – Climate action commission.

2.50.030 Duties and responsibilities.

2.50.010 Purpose.

The climate action commission shall serve as a technical advisory commission regarding matters related to climate action. It shall advise the city council on issues related to reducing greenhouse gasses from the city’s municipal, residential, commercial, and industrial sectors and on adapting to climate change within the city’s jurisdiction.

2.50.020 Composition – Climate action commission.

The climate action commission shall be governed by Chapter 2.40 SMC and any rules and procedures established by city council resolution. The climate action commission shall be composed of six members. Five of the commission members shall be voting members with each city council member making one direct appointment to the commission. At least four voting members shall be qualified electors of the city. The remaining voting member may be a qualified elector of Sonoma Valley, as defined by the council commission and committee appointment policy. One non-voting youth member shall be appointed by the city council. The non-voting youth member shall be at least 14 years of age, but no older than 18 years of age at the time of appointment and shall be a resident of the city or Sonoma Valley, as defined by the council commission and committee appointment policy. Applicants who have professional background, expertise, or education in one or more of the following areas may be appointed to the commission:
climate action, environmental science, energy efficiency, alternative transportation, environmental justice/equity, sustainable business, waste minimization, environmental education, or a related field.

2.50.030 Duties and responsibilities.

A. The climate action commission shall act in an advisory capacity to the city council in matters pertaining to:

1. The development, updating, implementation, and communication of the city’s climate action plan;
Agenda Item #4.3:

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281968.v3

2. The development, updating, implementation, and communication of the environmental sustainability workplan;

3. Policies and programs intended to implement provisions of the climate action plan and the environmental sustainability workplan;

4. Policies and programs intended to preserve and enhance the natural environment; and

5. Such other duties and responsibilities as delegated by the city council.

B. The commission shall, on an annual basis before the city council adopts its annual budget, prepare a scorecard that tracks greenhouse gas reduction actions taken. The commission shall provide this scorecard to the city manager to aid in the preparation and adoption of the next fiscal year budget.

SECTION 3. SECTION 12.08.020 SMC.

Section 12.08.020 (S) of the Sonoma Municipal Code is hereby repealed in its entirety and replaced by the following:

S. “Tree committee” means the parks, recreation, and open space commission.

SECTION 4. CEQA.

This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a text amendment and addition without any physical project being approved, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Ordinance is therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 5. SEVERABILITY.

The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 7. PUBLICATION.

Agenda Item #4.3:

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281968.v3
This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).

SECTION 8. THIS ORDINANCE PREVAILS WHERE THERE IS CONFLICT.

To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

APPROVED:
________________________________
Jack Ding, Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, City Clerk
* * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on ____________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #4.3:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Jun 2022
Department
Planning and Community Services
Staff Contact
David A. Storer, AICP, Director
Kristina Tierney, Associate Planner
Agenda Item Title
Discussion, Consideration, and Possible Action to Introduce an Ordinance Amending the Sonoma Municipal Code Title 19, Section 19.10.050 (Allowable Land Uses and Permit Requirements) and Adding Title 19, Section 19.50.140 (Time-shares) to the City of Sonoma Municipal Code and Finding this Action Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that Have the Potential for Causing a Significant Effect on the Environment
Summary
On January 19, 2022, the Sonoma City Council unanimously adopted an Urgency Ordinance governing the use of properties as time-shares. Previously, the Municipal Code did not contain any regulation governing the use of properties as time-shares which meant that as a nonenumerated use, time-shares were prohibited throughout the City. However, due to the rise in fractional home ownership, the City Council directed staff to address potential ambiguity regarding whether fractional home ownership uses constitutes a prohibited time-share or an allowed residential use. The Urgency Ordinance was presented to the Planning Commission on January 13th, 2022, for comment and direction to staff, and the Planning Commission unanimously recommended approval to City Council. The Urgency Ordinance added Section

19.50.140 – Timeshares into Title 19 and was effective on January 19, 2022.

On February 10, 2022, staff presented a draft Regular Ordinance to the Planning Commission for review. The Planning Commission unanimously recommended that the City Council introduce and adopt the attached ordinance.

The ordinance is tentatively scheduled to be introduced on June 1, 2022, and could be adopted on June 15, 2022, to supersede the Urgency Ordinance; however, the Urgency Ordinance would be in effect until a regular ordinance becomes effective. The regular ordinance would go into effect 30 days after adoption - July 15, 2022.

Recommended Council Action
Introduce an Ordinance Amending the Sonoma Municipal Code Title 19, Section 19.10.050 (Allowable land uses and permit requirements) and Adding Title 19, Section 19.50.140 (Timeshares) to the City of Sonoma Municipal Code.

Alternative Actions
Council discretion.

Financial Impact
None.

Agenda Item #5.1:

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Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments

PUBLIC COMMENT ATTACHMENT
Timeshare Regular Ordinance
Agenda Item #5.1:

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PUBLIC COMMENT TO THE CITY COUNCIL
OR ONE OF THE CITY’S COMMISSIONS
Any Public Correspondence Received by the City
Regarding an Item that Will be Considered at
a Public Meeting by the City Council or One of Its
Commissions Can be Found on the City’s
CivicWeb Portal at the Following Link.

It is Updated as New Correspondence is Received.
https://sonomacity.civicweb.net/filepro/documents
STAFF CONTACTS:

City Council City Clerk (707) 933-2216
Planning, DRHP, CSEC Planning (707) 933-2204
Agenda Item #5.1:

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276349.3
City of Sonoma
ORDINANCE # ____- 2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING SONOMA MUNICIPAL CODE TITLE 19, SECTION 19.10.050 (ALLOWABLE LAND USES AND PERMIT REQUIREMENTS) AND AMENDING TITLE 19, SECTION 19.50.140 (TIME-SHARES) TO THE

CITY OF SONOMA MUNICIPAL CODE
WHEREAS, time share and fractional interest uses have been and currently are prohibited as uses not specifically enumerated in the Sonoma development code; and WHEREAS, the City has recently become aware of time-share companies or fractional interest companies wishing to operate in the City; and
WHEREAS, a severe housing crisis exists in the state with the demand for housing outpacing the supply; and
WHEREAS, the City of Sonoma is particularly experiencing a housing emergency due to its relative isolation, limited housing supply, and desirable location; and WHEREAS, time-share or fractional interest uses threaten to reduce the housing supply in the City by turning long-term housing in the City into vacation rentals and reducing the affordable housing stock in the City; and
WHEREAS, time-share and fractional interest uses increase traffic and noise impacts and have the same character as commercial hotels, motels, and other transient occupancy uses due to their transient nature making them inappropriate for residential zones; and WHEREAS, the development of time-share or fractional interest uses in Commercial and Mixed Use zones (which also have a “residential component” requirement) will reduce the City’s ability to collect valuable property tax, sales tax, or Transient Occupancy Tax; and WHEREAS, by allowing time-share or fractional interest uses in the City, market pressure will incentivize property owners to convert their existing commercial, hotel or residential uses, thereby reducing revenue to the City in the form of commercial property taxes, sales tax, Transient Occupancy Tax, and valuable existing housing stock; and WHEREAS, allowing time-share or fractional interest uses in the Commercial and Mixed Use zones reduces the availability of suitable lands to provide housing units to meet the City’s Regional Housing Needs Allocation for the 5th and 6th Cycles; and WHEREAS, by allowing times-share or fractional interest uses in the City, developers of those uses will seek to convert underutilized commercial uses (in Commercial and Mixed Use zones), thereby reducing the City’s ability to identify those sites as potential Housing Opportunity sites in the development of the City’s 6th Cycle Housing Element; and WHEREAS, on January 19, 2022 the City Council adopted an Urgency Ordinance pursuant to Government Code Sections 36934 and 36937 to make express the City’s existing prohibition on time-share and fractional ownership uses in all zones in the City; and Agenda Item #5.1:

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WHEREAS, the City Council desires to adopt a non-urgency ordinance to supersede the urgency ordinance to ensure the City’s municipal code addresses the impact that time-share and fractional ownership uses have and could have on the City’s housing supply; and WHEREAS, on February 10, 2022, the Planning Commission reviewed and discussed potential changes to the Sonoma Municipal Code to address time-share and fractional ownership uses and unanimously recommended that the item be continued to March 10, 2022; and WHEREAS, on March 10, 2022, the Planning Commission held a public hearing to review and discuss potential changes to the Sonoma Municipal Code to address time-share and fractional ownership uses and unanimously recommended that the City Council introduce the attached ordinance; and
WHEREAS, the City Council found this action to be exempt from the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) pursuant to CEQA Guidelines section 15061(b) (3) prior to taking action; and
WHEREAS, on June 1, 2022, the City Council considered amendments to the Sonoma Municipal Code, consistent with the applicable policies of the Sonoma General Plan, at a public hearing; and
WHEREAS, the proposed amendments to the Sonoma Municipal Code are consistent with State Law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS.

The above set forth recitals and findings are true and correct and incorporated herein by reference, as if set forth herein in full.

SECTION 2. FINDINGS FOR DEVELOPMENT CODE AMENDMENTS.

Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance:

A. Are consistent with the goals, policies, and actions of the General Plan because the amendments the amendments promote and preserve the use of property for vital housing; B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above; C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 4 below; and
D. Are internally consistent with other applicable provisions of this development code because the amendments merely codify the existing prohibition on time-share and fractional ownership uses under the City’s permissive zoning regime.

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SECTION 3. MUNICIPAL CODE AMENDMENTS.

A. Tables 2-1, 2-2, 2-3 and 2-4 set forth in Sonoma Municipal Code section 19.10.050 are amended to read as set forth in Exhibit “A”.

B. Section 19.50.140 of the Sonoma Municipal Code is amended to read as follows:

19.50.140 Time-Shares.

This section sets forth requirements for the establishment and operation of time-share uses.

A. Definitions.

1. “Accommodation” means any dwelling unit, multifamily dwelling, apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities therein that is designed and available, pursuant to applicable law, for use and occupancy as a residence by one or more individuals.

2. “Management entity” means the person who undertakes the duties, responsibilities, and obligations of the management of a time-share plan.

3. “Owner” means owner of a time-share interest.

4. “Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.

5. “Time-share instrument” means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan.

6. “Time-share interest” means and includes either of the following:
a. The right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, coupled with a freehold estate or an estate for years with a future interest in a time-share property or a specified portion thereof.
b. The right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, which right is neither coupled with a freehold interest, nor coupled with an estate for years with a future interest, in a time-share property or a specified portion thereof.

7. “Time-share plan” means any arrangement, plan, scheme, or similar device, whether by membership agreement, sale, lease, deed, license, right to use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.

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8. “Time-share property” means one or more accommodations subject to the same time-share instrument, together with any other property or rights to property appurtenant to those accommodations.

9. “Time-share use” and “fractional interest use” means the use of one or more accommodations or any part thereof, as a time-share property pursuant to a time-share plan.

B. Permitted zones. None. Time share uses and fractional interest uses are prohibited throughout the City of Sonoma
C. Violations, Enforcement and Civil Penalties

1. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this section is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.12 (General Penalty).

2. Any responsible person, including by not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this section is subject to administrative fines and/or penalties as set forth in Chapter 1.28 (Administrative Citations).

3. Time-share use, fractional interest use and/or advertisement for time-share use and/or fractional ownership use, of an accommodation in violation of this section is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance and may be abated pursuant to Chapter 1.12 (General Penalty), Chapter 1.30 (Administrative Notice and Order Proceedings), Chapter 9.56 (Noise), and any other relevant provision of this code as it may be amended from time to time.

4. Each day a violation of this chapter occurs shall constitute a separate offense.

5. The remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.

SECTION 4. CEQA.

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proposed Ordinance is therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 5. SEVERABILITY.

SECTION 6. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 7. PUBLICATION.

This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

SECTION 8. THIS ORDINANCE PREVAILS WHERE THERE IS CONFLICT.

To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

APPROVED:
________________________________
Jack Ding, Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, City Clerk
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* * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the ______, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Rebekah Barr, MMC, City Clerk
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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Jun 2022
Department
Administration
Staff Contact
David A. Storer, AICP, Director,
Kristina Tierney, Associate Planner
Agenda Item Title
Discussion, Consideration, and Possible Action to Introduce an Ordinance Amending the Sonoma Municipal Code to Add Section “19.43 – Multi-family Objective Standards” and Finding this Action Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment
Summary
In recent years, the State has enacted a number of new laws to increase housing supply and affordability and reduce obstacles to housing production. Pursuant to State law (SB 35, SB 167, SB 330, AB 678, AB 1515) multifamily projects are to be approved ministerially provided they meet objective development standards.

The City Council Zoning Code Ad Hoc (comprised of Vice Chair Barnett and Councilmember Felder) provided direction to staff to develop Multi-family Objective Standards to provide developers and the overall community with a clear understanding of the city's design expectations for multi-family residential projects. On March 10, 2022, the proposed draft Multifamily Objective Standards were presented to the Planning Commission for discussion, direction, and to forward a recommendation to the City Council. The Planning Commission unanimously supported the proposed ordinance with minor modifications to address inconsistencies and to remove provisions regarding construction materials for refuse structures. The recommendations have been incorporated into the proposed draft (see attached).

If review and introduction of the proposed ordinance are completed at the City Council meeting on June 1, 2022, it will be brought back for adoption on June 15, 2022. The ordinance would go into effect 30 days later, on July 15, 2022.

Recommended Council Action
Introduce an Ordinance Amending the Sonoma Municipal Code to Add Section “19.43 – Multifamily Objective Standards”.

Alternative Actions
Council discretion.

Financial Impact
None.

Agenda Item #5.2:

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Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments

PUBLIC COMMENT ATTACHMENT
Multi Family Ordinance
Agenda Item #5.2:

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It is Updated as New Correspondence is Received.
https://sonomacity.civicweb.net/filepro/documents
STAFF CONTACTS:

City Council City Clerk (707) 933-2216
Planning, DRHP, CSEC Planning (707) 933-2204
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1 276609.1
City of Sonoma

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SONOMA AMENDING SONOMA MUNICIPAL CODE TITLE 19,
TO ADD NEW SECTION “19.43 – MULTIFAMILY OBJECTIVE
STANDARDS”
WHEREAS, on March 10, 2022, the Planning Commission reviewed and discussed the proposed draft Multi-family Objective Standards. The Planning Commission unanimously supported the proposed ordinance recommended that the City Council introduce an ordinance adding new Section 19.43 to the Sonoma Municipal Code; and WHEREAS, the City Council found this Action to be Exempt from the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), pursuant to CEQA Guidelines section 15061(b)(3) prior to taking action; and
WHEREAS, on June 1, 2022, the City Council considered amendments to the Sonoma Municipal Code, consistent with the applicable policies of the Sonoma General Plan; and WHEREAS, the proposed amendments to the Sonoma Municipal Code are consistent with State Law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS.

The above set forth recitals and findings are true and correct and incorporated herein by reference, as if set forth herein in full.

SECTION 2. FINDINGS FOR DEVELOPMENT CODE AMENDMENTS.

Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance:

A. Are consistent with the goals, policies, and actions of the General Plan because the amendments the amendments promote and preserve the use of property for vital housing;
B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above; C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 4 below; and
D. Are internally consistent with other applicable provisions of this development code because the amendments merely codify the existing prohibition on time-share and fractional ownership uses under the City’s permissive zoning regime.

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SECTION 3. MUNICIPAL CODE AMENDMENTS.

A. Section 19.43 of the Sonoma Municipal Code is added and shall read as follows:

Chapter 19.43

MULTIFAMILY OBJECTIVE DESIGN STANDARDS
Sections:

19.43.010 Purpose

19.43.020 Multi Family Objective Design Standards

19.43.010 Purpose
The intent of this chapter is to provide objective design standards for multi-family residential projects that are eligible for ministerial project review under state law.

Multi-family residential projects that are not consistent with one or more of the following standards shall be subject to design review.

19.43.020 Multi-family Objective Design Standards
A. General Requirements. Multi-family residential projects shall conform to all objective zoning, subdivision, and design standards applicable to the respective zoning district in which the project is located, except as expressly provided in this chapter.

1. Allowed Uses. Allowed uses shall comply with SMC Chapter 19.10 (Zones and Allowable Uses).

2. Minimum Lot Size. The minimum size of any parcel shall be that specified for the zoning district in which the project is located.

3. Affordable Housing.
a. A complete application for a housing development project shall include a separate statement, signed by the applicant or owner of the parcel for which the housing development project is proposed stating whether each new dwelling unit will be an ownership or rental unit, outlining the required affordable housing component, in compliance with SMC Chapter 19.44 (Affordable Housing and Density Bonuses).

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b. The site plan shall demonstrate how the housing development project shall comply with SMC Chapter 19.44 (Affordable Housing and Density Bonuses). It shall clearly identify the location and affordability level of each affordable housing unit.
c. The owner of each newly created unit in the housing development project shall enter into an Affordable Housing Agreement (AHA), in a form approved by the planning director and city attorney, assuring the continued affordability of each unit in perpetuity. Affordable rental units shall include a management and maintenance plan (addressing issues including but not limited to tenant screening; warning and eviction procedures; use and maintenance of patios, decks and other outdoor areas; quiet time; and the long-term maintenance of buildings and landscaping). The AHA must be executed and recorded prior to the issuance of any building permits.

4. Onsite Manager. Rental multi-family development projects of 11 units or more shall include a permanent onsite unit dedicated to an onsite manager.

B. Multi Family Objective Standards

1. Neighborhood Compatibility.
a. Three-story multi-family structures adjacent to single-family home(s), shall use a minimum of one of the following techniques along the street frontage to reduce the perceived size of the structure:
i. Three-story structures shall place third floor dwelling units within the roof form. The roof form shall be measured from the second floor wall plate. Third floor units shall have a minimum 8-foot wall plate height.
ii. Third floor dwelling units shall be setback an additional 10 feet from the second floor wall line and shall have a
maximum overall plate height of 30 feet.
iii. Three-story structures shall be wholly dedicated to multifamily residential units. Parking is not allowed as part of a three-story structure.
b. Residential projects located across the street from single-family neighborhoods shall orient the buildings to the street with individual entries, patio areas and landscaping facing the singleAgenda Item #5.2:

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family homes. Parking lot areas and carports shall not be located along single-family neighborhood street frontages.
c. Multi-family dwellings abutting single-family neighborhoods shall include individual front doors that provide direct access to the dwelling. Stairs providing access to multiple units shall not be located on an exterior elevation facing a street.

2. Orientation
a. Structures at the street shall have a front entry oriented to the street. b. Structures that face two public streets shall provide an accessible entrance along each street, or a single corner entrance. c. Structures not at the street shall be oriented to a shared interior space.

Shared interior spaces include, but are not limited to: Plazas and gathering areas, paseos, and internal pedestrian space. d. Upper floor balconies shall not be located along side walls within 10 feet of the property line.

3. Site Design
a. Floor Area Ratio. Maximum floor area ratio for a multi-family residential project shall be that specified for the zoning district in which the residential project is located.
b. Site Coverage. Maximum site coverage for a multi-family residential project shall be that specified for the zoning district in which the project is located.
c. Setbacks. Required setbacks shall be that specified for the zoning district in which the multi-family residential project is located.

Double frontage (lots that abut two, non-intersecting and different streets) and corner lots (lots that abut two intersecting streets) shall address both street fronts. Street fronts shall be considered a front setback.
d. Multi-family residential development projects shall be broken into multiple buildings in order to reduce mass and bulk. No single building shall exceed 10 percent of the total site area for project site or 8,000 square feet, whichever is larger.
e. Laundry facilities (washer and dryer) shall either be provided in each unit or a shared laundry facility shall be provided.

4. Parking
a. Multi-family residential projects shall not include parking spaces dedicated to specific units and shall not include garages.

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b. Required parking space(s) shall not be obstructed and shall be independently accessible. Tandem parking is prohibited. c. All parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping or some combination of the above.

Landscaping used for screening purposes shall be no less than 15 feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than four feet tall. d. Parking areas are prohibited in the front and streetside setback areas.

Parking may be located in interior side setback areas.

C. Structure Design.

1. General
a. Each building shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.
b. Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

2. Height.
a. The maximum height of the one-story unit shall be 18 feet above finished grade, measured from finished grade to the highest point of the roof. One-story walls shall not exceed a plate height of 12 feet above finished grade.
b. The height of a two-story structure shall not exceed 26 feet measured from the finished grade to the highest point of the roof. Two-story walls shall not exceed an overall plate height of 20 feet above finished grade and the plate height on any new second story shall not exceed 8 feet.
c. The height of a three-story structure shall not exceed 36 feet measured from the finished grade to the highest point of the roof structure.

3. Structure entries
a. Structure entries at the street shall incorporate a waterproof projection (e.g., porch) or recess, or combination of projection and recess with minimum area of 50 square feet.

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b. Entryways shall be visible from the nearest street or shared interior space and shall not be separated from these areas by vehicular parking, a wall, fence, or landscaping taller than three feet in height. c. Paved or wooden deck surfaces that function as a porch, stoop, or unfenced patio may project up to 10 feet into the front setback area.

These areas must be raised from the ground by a minimum of eight inches and a maximum of 18 inches.

4. Street-facing façade transparency
a. Mixed-use structures with ground floor retail shall have windows that make up a minimum of 60 percent of the ground floor frontage.

5. Wall modulation
a. Blank walls (walls without windows, recessed entryway or porch, or articulation) shall not exceed 20 feet in length. Walls that are not visible from public streets and neighboring residences are excluded from this requirement.

6. Open Space and Common Areas
a. All multi-family residential projects shall provide permanently maintained outdoor open space for each dwelling unit (private open space) and for all residents (common open space). Unless different standards are applied through specific planning area regulations as set forth in Division III, Project Design, usable outdoor open space, not including required front or street-side yards, shall be provided as set forth in Table 1-1, below:

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Table 1-1 Minimum Open Space Requirements for Multifamily Development Type Area Required
Common outdoor space: 300 square feet per dwelling unit Private outdoor space:

Studio and one-bedroom units 75 square feet per dwelling unit Two-bedroom units 150 square feet per dwelling unit
Three-bedroom units and larger 225 square feet per dwelling unit b. Outdoor seating shall be provided at common usable open space areas and outside of laundry facilities.
c. Multi-family developments (except senior restricted multi-family developments) exceeding 10 residential units shall have two outdoor areas, one for adults and one for a child play area, each totaling 1 percent of the project site. For the purpose of this standard, adult open space does not include play equipment, but does include tables with seating.
d. Multi-family developments (except senior restricted multi-family developments) exceeding 20 residential units shall also include outdoor areas such as sports fields, playground equipment, or other recreational equipment totaling 3 percent of the site area. e. Play equipment for children under the age of five shall be included in child play areas. The play area must be visible to as many units as possible to provide casual surveillance and be separated from traffic by fencing. Benches or picnic tables for adults that are accompanying younger children shall be provided.

7. Landscaping
a. Street trees shall be planted in the city’s right of way, along the property frontages as required by the city engineer. All street trees (including their spacing, size, type and quantity) shall be consistent with the city’s Tree Planting Program, including the Master Tree List. b. Each parcel on which a multi-family residential project is permitted shall feature landscaped front yards with mature trees (minimum of 3 Agenda Item #5.2:

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trees, each of 36 box size) and other shrubs (minimum of 10 shrubs, each of 15-gallon size).
c. A complete application for a multi-family residential project shall include a water conservation plan, which plan is subject to the approval of the city engineer. The plan shall include conservation measures for indoor and outdoor water use and shall be consistent with the city's water conservation and landscape efficiency ordinances and policies.
d. A complete application for a multi-family residential project shall include a landscape plan which must comply with the city’s Water Efficient Landscaping Ordinance (SMC, Ch. 14.32) and SMC Sections 19.40.100 (Screening and Buffering), 19.46 (Fences, Hedges, and Walls), 19.40.070 (Open Space for Multi-Family Residential Projects), and 19.40.060 (Landscape Standards).

8. Lighting:
a. A lighting plan shall be prepared and shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this section. Building-mounted decorative lights shall not exceed five footcandles measured five feet from the light source. b. Exterior lighting shall conform to the California Energy Standards and standards.
c. Lighting shall use light emitting diodes (LEDs) and shall have a color temperature of a maximum of 3000 Kelvins.
d. Lighting along pedestrian pathways shall not exceed eight feet in height.
e. Lighting in parking areas shall not exceed 15 feet in height. f. Bicycle parking areas shall be illuminated.
g. Gateway entry signs, directional signs, and unit and structure identifiers shall be externally illuminated for visibility at night. h. Backlit, internally illuminated, and halo signs are prohibited. i. All exterior light fixtures shall be shielded and glare onto neighboring properties is prohibited.
j. Pole-mounted fixtures shall not exceed 15 feet tall and shall be equipped with light shields to eliminate light spillage beyond the project’s boundaries.
k. The level of light projected onto any ground or wall surface shall not be less than two footcandles nor more than five footcandles at the base Agenda Item #5.2:

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of the light fixture. Pedestrian courts, plazas, and walkways shall have a light level at the ground surface of one footcandle.
l. Light fixtures shall be designed, constructed, mounted, and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property lines of the subject parcel. The incident light level at a property line shall not exceed one footcandle measured from finished grade to a height of 12 feet. The incident light level upon any habitable structure on an adjoining property shall not exceed 0.05 foot candle;
m. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of two footcandles and a maximum of three footcandles at the ground level of the entrance.

9. Fences, Walls, and Hedges.
a. Fencing shall comply with SMC Section 19.40.100 (Screening and Buffering) and Chapter 19.46 (Fences, Hedges, and Walls). b. Perimeter fencing utilized along public streets shall be constructed of wood, decorative iron, or pre-painted welded steel.
c. Vinyl and chain link fencing are prohibited.

10.Utilities
a. Development standards
i. Private underground utility services, including water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in the
residential development.
ii. All dwelling units in the residential development must be able to connect and shall connect to water, sewer, gas, and electricity services.
iii. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a residential project shall be installed underground, in addition to any utilities crossing the property line.
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boxes and meter cabinets, and concealed ducts, shall also be underground .
v. HVAC shall be roof mounted.
vi. Ground-mounted utility meters, fire line detector check valves, backflow preventers, and mechanical equipment
shall not be located in the front setback area and shall be located to the side or rear of structures.
vii. Utilities, mechanical equipment, and service areas shall not obstruct pedestrian pathways.
b. Screening
i. Ground-mounted utility and mechanical equipment shall be screened from view from streets, parks, plazas, gathering areas, and structure entries.
ii. Approved screening includes building recesses, vinecovered walls or fences, trellises, or evergreen plant materials. Screening shall exceed the equipment in height by a minimum of one foot.
iii. Roof-mounted utility and mechanical equipment shall be screened from view behind parapets or recessed into hips, gables, or other building recessions.

11.Refuse
a. Enclosure requirement
i. Bins, carts, and dumpsters for trash, yard waste, compost, and recycling shall be contained in covered refuse
enclosures with an opaque gate. Developments with three or fewer units may be excluded from this requirement if the receptacles are kept in a lighted area separate from parking and pedestrian areas.
ii. Refuse enclosures shall be provided in the number,
dimensions, and type required by the local waste hauler. iii. Refuse containers are prohibited in the front, side, and rear setback areas and shall be located at least 20 feet from adjacent residences.
iv. Refuse areas shall be designed so that garbage trucks enter the property to pick up all garbage and recycle.
v. Refuse containers shall be prohibited on sidewalks and in the public right of way.
vi. Dumpster enclosures shall include wheelstops.

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12.Screening
a. Refuse enclosures shall not be located within the front setback and shall be screened from view of the street behind opaque landscaping or fencing reaching a minimum of six feet in height.

SECTION 4. CEQA.

This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a text amendment and addition without any physical project being approved, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Ordinance is therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 5. SEVERABILITY.

SECTION 6. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 7. PUBLICATION.

This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

SECTION 8. THIS ORDINANCE PREVAILS WHERE THERE IS CONFLICT.

To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Agenda Item #5.2:

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Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Rebekah Barr, MMC, City Clerk
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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Jun 2022
Department
Planning and Community Services
Staff Contact
David A. Storer, AICP, Director
Kristina Tierney, Associate Planner
Agenda Item Title
Discussion, Consideration, and Possible Action to Introduce of an Ordinance Amending the Sonoma Municipal Code to Move the Subdivision Ordinance, Codified in Division VI of Title 19, Chapters 19.60 through 19.71, to Title 16, Chapters 16.01 through 16.13 with Minor Substantive Changes and Find the Proposed Amendments Are Exempt From the California Environmental Quality Act (CEQA) Pursuant to Section 15061(B)(3) - General Rule - of the CEQA Guidelines
Summary
In 2003, the City adopted the most recent comprehensive amendments to the zoning code. The 2003 amendments established the existing format of the Integrated Development Regulations and Guidelines, also known as the "Development Code". The intent was to create a unified Development Code that combines zoning regulations, subdivision standards, and design guidelines in a single, integrated document. Since that time, the State has passed numerous housing bills with the intention of streamlining housing and simplifying the development review process. Staff has been collaborating with the City Council Zoning Code Ad Hoc Committee and the City Council for the past few years to reduce redundancy, improve clarify, and objectify subjective standards to comply with state law. Before the City Council at this time is a proposed ordinance that would place the City’s Subdivision Ordinance back to Title 16, where it was located prior to 2003. The reasoning for the move is to simplify (i.e., reduce the size) and facilitate ease of use of the zoning code (aka, the “Development Code”) for the public and staff.

The proposed draft ordinance includes minor clerical changes that are required to correctly identify the new location of the Subdivision Ordinance and to remove references to the 2003 Zoning Code Ordinance. A comprehensive review of the Subdivision Ordinance will occur in the future to ensure compliance with the State Subdivision Map Act.

On April 14, 2022, staff presented the draft ordinance to the Planning Commission for review.

The Planning Commission unanimously recommended that the City Council introduce and adopt the attached ordinance and also recommended that staff look into parkland requirements and improve public notice of administrative decisions during future code revisions (based on priorities for changing the zoning code). The ordinance is scheduled to be introduced on June 1, 2022, and adopted on June 15, 2022. The regular ordinance would go into effect 30 days after adoption (July 15, 2022).

Recommended Council Action
Introduce the Ordinance relocating Title 19, Subdivisions Sections 19.60 through 19.71 to Title 16 (Subdivisions); and amending Chapter 19.01 (Purpose and Effect of Development Code), Chapter 19.02 (Interpretation of Development Code Provisions), and Chapter 19.03 (Land Use Permit Requirements) to correct the references to the Subdivision standards.

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Alternative Actions
Council discretion.

Financial Impact
None.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments

PUBLIC COMMENT ATTACHMENT
Ordinance Amending Zoning Code Subdivisions June 1 2022 CC Agenda Item #5.3:

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It is Updated as New Correspondence is Received.
https://sonomacity.civicweb.net/filepro/documents
STAFF CONTACTS:

City Council City Clerk (707) 933-2216
Planning, DRHP, CSEC Planning (707) 933-2204
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA

AMENDING THE CITY OF SONOMA MUNICIPAL CODE TO MOVE THE
SUBDIVISION ORDINANCE, CODIFIED IN DIVISION VI OF TITLE 19, CHAPTERS 19.60 THROUGH 19.71, TO TITLE 16, CHAPTERS 16.01 THROUGH 16.13 WITH MINOR SUBSTANTIVE CHANGES AND FIND THE

PROPOSED AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL ACT (CEQA) PURSUANT TO SECTION 15061(B)(3) - GENERAL RULE - OF THE CEQA GUIDELINES.

WHEREAS, on April 14, 2022, the Planning Commission reviewed and discussed potential changes to the City of Sonoma's subdivisions standards. The recommended changes are to move the subdivision standards out of the zoning code and into a separate title (Title 16); and WHEREAS, the City Council found this Action to be Exempt from the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal.

Code Regs., tit. 14, § 15000 et seq.), pursuant to CEQA Guidelines section 15061(b)(3) prior to taking action; and
WHEREAS, on June 1, 2022, the City Council considered amendments to the Sonoma Municipal Code, consistent with the applicable policies of the Sonoma General Plan.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1. MUNICIPAL CODE AMENDMENTS
Sonoma Municipal Code Title 19 (INTEGRATED DEVELOPMENT REGULATIONS AND GUIDELINES) Division VI (Subdivisions) is repealed in its entirety from Title 19 and the substance added to Sonoma Municipal Code Title 16 (Subdivisions) as follows:

Division VI. Subdivisions

19.60 Applicability and Administration of Subdivision Regulations

19.61 Subdivision Map Approval Requirements

19.62 Subdivision Design and Improvement Requirements

19.63 Tentative Map Filing and Processing

19.64 Parcel Maps and Final Maps

19.65 Condominiums and Condominium Conversions
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19.66 Lot Line Adjustments and Parcel Mergers

19.67 Certificates of Compliance

19.68 Reversions to Acreage

19.69 Dedications and Exactions

19.70 Improvement Plans and Agreements

19.71 Surveys and Monuments
Title 16

SUBDIVISIONS
This title comprises the city’s subdivision ordinance. This title provides site planning and design regulations for new subdivisions, and the procedural requirements for subdivision approval, consistent with the mandates of the Subdivision Map Act.

Chapters:

16.01 Applicability and Administration of Subdivision Regulations

16.02 Subdivision Map Approval Requirements

16.03 Subdivision Design and Improvement Requirements

16.04 Tentative Map Filing and Processing

16.05 Parcel Maps and Final Maps

16.06 Condominiums and Condominium Conversions

16.07 Lot Line Adjustments and Parcel Mergers

16.08 Certificates of Compliance

16.09 Reversions to Acreage

16.10 Dedications and Exactions

16.11 Improvement Plans and Agreements

16.12 Surveys and Monuments

16.13 Definitions
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Chapter 16.01

APPLICABILITY AND ADMINISTRATION OF SUBDIVISION

REGULATIONS
Sections:

16.01.010 Title.

16.01.020 Purpose of title.

16.01.030 Authority.

16.01.040 Applicability.

16.01.050 Responsibility for administration.

16.01.060 Advisory agency.

16.01.070 Authority for subdivision decisions.

16.01.080 Enforcement.

16.01.010 Title.

This title shall be known as the city of Sonoma subdivision ordinance, hereafter referred to as “this title” or “this subdivision ordinance.”

16.01.020 Purpose of title.

The provisions of this division are intended to supplement, implement, and work with the Subdivision Map Act, sections 66410 et seq. of the Government Code (hereafter referred to as the “Map Act”). This division is not intended to replace the Map Act and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and construction of proposed subdivisions.

16.01.030 Authority.

This subdivision ordinance is adopted in compliance with the Map Act as a “local ordinance,” as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this title shall, nevertheless, apply to all subdivision maps and proceedings under this title.

16.01.040 Applicability.

A. Subdivision Approval Required. All subdivisions within the city shall be authorized through the approval of a map or other entitlement in compliance with Chapter 16.02 SMC, Subdivision Map Approval Requirements, and all other applicable provisions of this title.

B. Conflicts with Map Act. In the event of any conflicts between the provisions of this title and the Map Act, the Map Act shall control.

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C. Compliance with Other Regulations Required. The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in the development code, or as an approval to proceed with any development in violation of other applicable provisions of the municipal code or other applicable ordinances or regulations of the city.

16.01.050 Responsibility for administration.

The city planner and city engineer are authorized and directed to administer and enforce the provisions of this title and applicable provisions of the Map Act for subdivisions within the city, except as otherwise provided by this title.

16.01.060 Advisory agency.

A. Composition of Advisory Agency. An advisory agency as described in the Map Act is hereby established. The advisory agency shall consist of: the city planner; the city engineer; and the city manager.

B. Authority and Duties. The advisory agency shall perform the following duties, and as further detailed in SMC 16.01.070, Authority for subdivision decisions.

1. Recommend to the council the approval, conditional approval, or disapproval of requests for modification of the design and improvement standards of this title in compliance with SMC 16.02.050, Exceptions to subdivision standards;

2. Recommend modifications of the requirements of this title;

3. Review and make recommendations concerning proposed subdivisions in the unincorporated areas of Sonoma County in compliance with the provisions of the Map Act when the advisory agency has elected to do so;

4. Approve, conditionally approve, or disapprove parcel map waiver applications in compliance with SMC 16.05.030, Waiver of parcel map; and

5. Perform additional duties and exercise additional authorities as prescribed by law and by this title.

16.01.070 Authority for subdivision decisions.

Table 16-1, Review Authority for Subdivision Permits, identifies the city official or authority responsible for reviewing and making decisions on each type of subdivision application and other decision required by this title.

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Table 16-1 Review Authority for Subdivision Permits1
Role of Review Authority2
Type of Decision City
Planner
City
Engineer
Planning
Commission
City
Council
Certificates of
Compliance
Decision Recommend Appeal Appeal
Conditional
Certificates of
Compliance
Decision Recommend Appeal Decision
Final Maps Recommend Decision
Lot Line Adjustments Decision Appeal Appeal
Mergers Decision Appeal Appeal
Parcel Map Waivers Recommend Decision Appeal
Tentative Maps Recommend Decision Appeal
Tentative Map Time
Extensions
Recommend Decision Appeal
Parcel Maps Recommend Recommend Decision Appeal
Reversions to Acreage Recommend Decision
Exceptions Recommend Recommend Decision Appeal
Notes:

1. The review authority for planning permits is set forth in Table 5-1 (SMC Section

19.52.060, Division V, Planning Permit Procedures).

2. “Recommend” means that the review authority makes a recommendation to a higher decision-making body; “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 19.84 SMC, Appeals.

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16.01.080 Enforcement.

A. Notification of City Planner. Any city officer or employee who has knowledge that real property has been divided in violation of the Map Act or this title shall immediately notify the city planner.

B. Notice of Violation. Upon the city planner receiving information from any source that real property has been divided in violation of the Map Act or this title, the city shall take the actions described in Map Act section 66499.36.

C. Permit Issuance Prohibited. No commission, officer, or employee of the city shall issue any permit or certificate, or grant any approval necessary to develop any real property within the city if it is known or suspected that the property was divided, or resulted from a division, in violation of the provisions of the Map Act or this title.

Chapter 16.02

SUBDIVISION MAP APPROVAL REQUIREMENTS
Sections:

16.02.010 Purpose of chapter.

16.02.020 Type of subdivision approval required.

16.02.030 Exemptions from subdivision approval requirements.

16.02.040 Applications deemed approved.

16.02.050 Exceptions to subdivision standards.

16.02.010 Purpose of chapter.

This chapter determines when city approval of a tentative map, parcel or final map is required.

16.02.020 Type of subdivision approval required.

Any subdivision of an existing parcel into two or more parcels shall generally require approval by the city in compliance with the provisions of this title. In general, the procedure for subdivision first requires the approval of a tentative map, and then the approval of a parcel map or final map to complete the subdivision process. The tentative map review process is used to evaluate the compliance of the proposed subdivision with the standards of this title, and the appropriateness of the proposed subdivision design. Parcel and final maps are precise engineering documents that detail the location and dimensions of all Agenda Item #5.3:

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parcel boundaries in an approved subdivision and, after approval, are recorded in the office of the county recorder.

A. Tentative Map Requirements. Any subdivision or resubdivision of land shall require the filing and approval of a tentative map (see Chapter 16.04 SMC, Tentative Map Filing and Processing), except as otherwise provided by SMC 16.02.030, Exemptions from subdivision approval requirements.

B. Parcel and Final Map Requirements. A parcel or final map shall be required as follows:

1. Parcel Map. The filing and approval of a parcel map (Chapter 16.05 SMC) shall be required for a subdivision creating four or fewer parcels, with or without a designated remainder in compliance with Map Act, article 2, chapter l, except for the following subdivisions:
a. Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way, unless the city planner determines based on substantial evidence that public policy necessitates a parcel map in an individual case;
b. Rail Right-of-Way Leases. Subdivisions of a portion of the operating right-ofway of a railroad corporation as defined by section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than 30 days’ notice in writing); or
c. Waived Parcel Map. A subdivision that has been granted a waiver of parcel map requirements in compliance with SMC 16.05.030, Waiver of parcel map.

2. Final Map. The filing and approval of a final map (Chapter 16.05 SMC) shall be required for a subdivision of five or more parcels.

16.02.030 Exemptions from subdivision approval requirements.

As provided by Map Act, article 1, chapter 1, the following subdivisions do not require the filing or approval of tentative, parcel or final maps.

A. Agricultural Leases. Leases of agricultural land for the cultivation of food or fiber, or the grazing or pasturing of livestock.

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B. Cellular Antenna Facilities. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Public Utilities Code section 234, exclusively for the placement and operation of cellular radio transmission facilities, including antenna support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other incidental equipment.

C. Cemeteries. Land dedicated for cemetery purposes under the Health and Safety Code.

D. Commercial/Industrial Financing or Leases. The financing or leasing of:

1. Offices, stores or similar spaces within commercial or industrial buildings; existing separate commercial or industrial buildings on a single parcel; or

2. The financing or leasing of any parcel or portion of a parcel, in conjunction with the construction of commercial or industrial buildings on the same site, if Division II of the development code, Community Design, requires a use permit for the project.

E. Condominium Conversions. The conversion of:

1. A community apartment project or a stock cooperative to condominiums, if the conversion satisfies the requirements of Map Act sections 66412(g) or 66412(h), respectively; or

2. The conversion of certain mobile home parks to condominiums in compliance with Map Act section 66428(b).

F. Lot Line Adjustments. A lot line adjustment processed in compliance with Chapter 16.07 SMC, Lot Line Adjustments and Parcel Mergers.

G. Mineral Leases. Mineral, oil or gas leases.

H. Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to a governmental agency, public entity, public utility or a subsidiary of a public utility for rights-of-way.

I. Rail Right-of-Way Leases. 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 as defined by section 230 of the Public Utilities Code, unless the city planner Agenda Item #5.3:

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determines in an individual case, based on substantial evidence, that public policy necessitates the application of the subdivision regulations of this title to the short-term lease.

J. Residential Financing or Leases. The financing or leasing of apartments, or similar spaces within apartment buildings, mobile home parks or trailer parks; or “granny” units or residential second units in compliance with Government Code sections 65852.1 or 65852.2, respectively.

K. Separate Assessments. Any separate assessment under section 2188.7 of the Revenue and Taxation Code.

L. Wind Energy Conversion Systems (WECS). The leasing of, or granting of an easement to a parcel or portion of a parcel in conjunction with the financing, installation, and sale or lease of a WECS, if the project is subject to discretionary action by the city.

16.02.040 Applications deemed approved.

Any subdivision application deemed approved in compliance with Government Code section 65956 or Map Act, article 2, chapter 3 (Government Code sections 66452 et seq.), shall be subject to all applicable provisions of this title which shall be satisfied by the subdivider before any building permits or land use permits are issued. Parcel or final maps filed for record after their tentative map is deemed approved shall remain subject to all the mandatory requirements of this title and the Map Act, including Map Act sections 66473, 66473.5 and 66474.

16.02.050 Exceptions to subdivision standards.

An exception to any of the provisions of this title may be requested by a subdivider in compliance with this section. An exception shall not be used to waive or modify provisions of the Map Act, or any provision of this title that is duplicated or paraphrased from the Map Act.

A. Application. An application for an exception shall be submitted on forms provided by the department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B. Filing and Processing. A request for an exception may be filed with the tentative map application to which it applies, or after approval of the tentative map. An exception shall be Agenda Item #5.3:

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processed and acted upon in the same manner as the tentative map, concurrently with the tentative map if the exception request was filed at the same time; however, the decision on a request for an exception shall only be made by the city council. The approval of an exception shall not constitute approval of the tentative map and shall not extend the time limits for the expiration of the map established by SMC 16.04.140, Expiration of approved tentative map.

C. Approval of Exception. The council shall have the authority to approve or deny exception requests in compliance with this section. The council shall not grant an exception unless all the following findings are first made:

1. There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings;

2. The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this title;

3. The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

4. Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

5. The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable specific plan.

In granting an exception, the council shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

Chapter 16.03

SUBDIVISION DESIGN AND IMPROVEMENT REQUIREMENTS
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Sections:

16.03.010 Purpose of chapter.

16.03.020 Applicability of design and improvement standards.

16.03.030 Access, circulation, streets.

16.03.040 Energy conservation.

16.03.050 Fire hydrants.

16.03.060 Grading, erosion and sediment control.

16.03.070 Landscaping.

16.03.080 Monuments.

16.03.090 Parcel design.

16.03.100 Public utilities and utility easements.

16.03.110 Sewage disposal.

16.03.120 Street lighting.

16.03.130 Street names and signs.

16.03.140 Storm drainage.

16.03.150 Water supply.

16.03.010 Purpose of chapter.

This chapter establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan and any applicable specific plan.

16.03.020 Applicability of design and improvement standards.

The requirements of this chapter apply to subdivisions, and conditional certificates of compliance, in addition to all applicable requirements of this development code, as follows:

A. Extent of Required Improvements. All subdivisions shall provide the improvements required by this chapter, and any additional improvements required by conditions of approval.

B. Applicable Design Standards, Timing of Installation. The subdivider shall construct all onand off-site improvements according to standards approved by the city engineer. No final or parcel map shall be presented to the council or parcel map to the city engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the city for the work, except as provided in SMC 19.03.030(A)(2).

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C. Subdivision Improvement Standards – Conditions of Tentative Map Approval. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the review authority in compliance with SMC 16.04.070, Tentative map approval or disapproval, shall be described in conditions of approval adopted for each approved tentative map (SMC 16.04.080). The design, construction or installation of all subdivision improvements shall comply with the requirements of the city engineer.

D. Conflicting Provisions. In the event of any conflict between the provisions of this chapter and other provisions of this development code, or other provisions of the municipal code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this chapter and the Map Act, the Map Act shall control.

E. Extent of Improvements Required – Four or Fewer Parcels. As required by Map Act section 66411.1, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created.

F. Oversizing of Improvements. At the discretion of the review authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the city, in compliance with article 6, chapter 4 of the Map Act. In the event that oversizing is required, the city shall comply with all applicable provisions of Map Act sections 66485 et seq., including the reimbursement provisions of Map Act section 66486.

G. Exceptions. Exceptions to the provisions of this chapter may be requested and considered in compliance with SMC 16.02.050, Exceptions to subdivision standards.

16.03.030 Access, circulation, streets.

Proposed subdivisions shall be designed to provide adequate access from each new parcel to a city street, in compliance with this section, and with the requirements of Division II, Community Design.

A. General Access and Circulation Requirements. The subdivider shall provide a comprehensive street system, designed and constructed in compliance with this section, the city’s improvement standards, and with the Circulation Element of the General Plan.

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1. Street design shall provide for safe vehicular operation at a specified design speed.

2. Public streets shall be required when:
a. The street is shown as an arterial or collector in the Circulation Element of the General Plan, or any other specific or precise plan;
b. The street will be used by the general public as a through access route; c. A public street is necessary for special needs including bus routes, public service access, bicycle routes and pedestrian access; or d. When necessary to assure fire safety.

Private streets are allowed only in compliance with subsection (F) of this section.

B. Alternative Standards. The review authority may consider and approve proposed access and street design solutions that differ from the provisions of this section, and the city’s improvement standards where deemed necessary to properly address the characteristics of adjacent land uses and/or anticipated traffic volumes, or to maintain neighborhood character. The use of alternative standards shall be authorized through the exception procedure in SMC 16.02.050.

C. Access to Subdivision. Every subdivision shall be designed to have access to a city street.

Access shall be provided by:

1. The subdivision abutting a city street, where the length of the subdivision along the street, the street right-of-way, and the width of the right-of-way will accommodate the construction of all road improvements required by this section; or

2. The subdivision being connected to a city street by a nonexclusive right-of-way easement for street, utility, and appurtenant drainage facilities purposes, where the easement shall be:
a. Offered for dedication;
b. Unencumbered by any senior rights that might serve to restrict its proposed use; and
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c. Of a width and location to accommodate the construction of all improvements required by this section and the city’s improvement standards.

D. Access to New Parcels. Parcels within a proposed subdivision shall be provided access as follows:

1. City Street Access Required. Each parcel within a proposed subdivision shall be provided access by being located on an existing city street or a new city street designed and improved in compliance with subsection (C) of this section, or to a private street if allowed by subsection (F) of this section.

2. Access Denial. When a state highway or a street classified as a major arterial in the Circulation Element of the General Plan passes through or abuts a proposed subdivision, direct access to the highway or arterial shall not be permitted from proposed parcels. Reservation strips shall be dedicated to the state or city, as appropriate, where required to control access over certain lot lines over the ends of street stubs.

3. Frontage Roads. When lots are proposed to front on a major arterial or state highway, the review authority may require the subdivider to dedicate and improve a service or frontage road separate from the arterial or highway.

4. Alleys. Alleys may be proposed as part of residential and nonresidential subdivisions. The use of alleys shall be subject to the review and approval of the planning commission.

E. Design and Improvement of Proposed Streets. New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the city’s improvement standards:

1. Alignment, Intersections, Curves. The alignment of streets shown on a tentative map shall be:
a. Consistent with the Circulation Element of the General Plan and Division II of this development code, where applicable;
b. Located to be in alignment with existing adjacent streets by continuation of their centerlines, or by adjustments by curves; and
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c. Located so that all streets intersect at an angle as near to 90 degrees as feasible.

The centerline curve radii of all proposed streets shall be subject to approval by the city engineer.

2. Right-of-Way and Surfaced Width. The width of the right-of-way and improved surface of streets shown on a tentative map shall be as generally provided by Chapter 19.12 SMC, Streetscape, except where other standards are approved by the council.

3. Corners. All block corners and “T” alley intersections shall be rounded or cut off as approved by the city engineer.

4. Access to Unsubdivided Property. When a proposed subdivision abuts vacant land that is designated by the General Plan for future subdivision and development, the review authority may require that streets to be constructed with the proposed subdivision be extended to the boundary of the property to provide access to the future development.

5. Improvements to Existing Streets. When an existing city street provides access to, passes through, or is contiguous with a proposed subdivision, the review authority may require dedication of additional right-of-way and/or improvements in compliance with the General Plan, if it determines that the proposed subdivision will create the need for the improvements.

6. Curbs and Sidewalks. Concrete curbs and sidewalks shall be constructed upon all streets in compliance with the city’s improvement standards and specifications unless specifically waived in the conditions of approval. The location of sidewalks shall conform to that of adjacent areas and shall be at the discretion of the review authority.

F. Private Roads. Private roads are allowed as provided in this section. Private roads shall not be permitted except where the planning commission determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision.

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1. Maintenance Requirements. Provisions satisfactory to the city engineer and city attorney shall be made for lot owners association or other organization to assume responsibility for the maintenance of private roads and ownership of the street rightsof-way of any subdivision.

2. Design and Improvement Standards. Private roads shall be designed and improved as set forth in subsections (B) and (C) of this section.

3. Security and Conditions. The review authority may require any guarantees and conditions it deems necessary to carry out the provisions of this development code pertaining to private roads. Private roads and easements providing access to parcels within a subdivision shall be located and shown on the parcel or final map.

4. Offer of Dedication. The review authority may require that proposed private roads be subject to irrevocable offers of dedication to the city on the applicable parcel or final map, or separate instrument submitted to the city along with the parcel or final map.

G. Alternative Circulation Systems. Proposed subdivisions shall be designed to provide rights-of-way for pedestrian paths, bikeways and multiple use trails consistent with the Circulation Element of the General Plan, and/or other applicable General Plan provisions.

16.03.040 Energy conservation.

The design of a subdivision for which a tentative and final map are required by this development code shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions, in compliance with Map Act section 66473.1.

16.03.050 Fire hydrants.

The subdivider shall install fire hydrants at locations approved by the fire chief. Fire hydrants shall be constructed per applicable city standard plans.

16.03.060 Grading, erosion and sediment control.

New subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures as approved by the city engineer.

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16.03.070 Landscaping.

A. Landscaping Requirements. Landscaping shall be provided as follows, and in compliance with Chapter 19.12 SMC, Streetscape, and SMC 19.40.060, Landscape standards, where applicable.

B. Deferral of Installation. The installation of required landscaping may be deferred until the development of the subdivided lots through the provisions of SMC 16.11.040, Improvement agreements and security; provided, that interim erosion and sediment control measures are first installed in compliance with SMC 16.03.060, Grading, erosion and sediment control.

16.03.080 Monuments.

The subdivider shall install monuments in compliance with Chapter 16.12 SMC, Surveys and Monuments, and the Map Act.

16.03.090 Parcel design.

The size, shape and arrangement of proposed parcels shall comply with this section, and with Chapter 19.14 SMC, Block Structure, and with any applicable specific plan requirement, other development code provision, or other municipal code provision applicable to a proposed subdivision.

A. Parcel Area. The minimum area for new parcels shall be as required by Division II, Community Design, except as otherwise provided by this section.

B. Minimum Lot Area Requirements for Common Interest Projects. The minimum lot area requirements of Division II shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot-line, and similar projects, but shall apply to the creation of the original parcel or parcels that are the location of the common interest development.

C. Dimensions. The dimensions of new parcels and blocks shall comply with the applicable provisions of Division II, Community Design, or as otherwise required by the review authority.

D. Driveway Standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with SMC 19.48.100, Driveways.

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16.03.100 Public utilities and utility easements.

Each approved parcel shall be provided connections to public utilities, including electricity, gas, water, sewer, and telecommunications services, which shall be installed as part of the subdivision improvements as provided by this section, and by SMC 16.03.110, Sewage disposal, and SMC 16.03.150, Water supply.

A. Underground Utilities Required. Utilities in new subdivisions shall be installed underground, as follows. These requirements do not apply to utility lines which do not serve the area being subdivided.

1. When Undergrounding Is Required. All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground. Equipment appurtenant to underground facilities, including surfacemounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground, unless otherwise approved by the city engineer.

The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the affected utility companies for facility installation. The review authority may waive the requirements of this section if topographical, soil, or any other conditions make underground installation unreasonable or impractical.

2. Location of Installation. Underground utility lines may be installed within street rights-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within street rights-of-way, their location and method of installation, insofar as it affects other improvements within the street right-of-way, shall be subject to the approval of the city engineer.

B. Utility Easements.

1. Minimum Width. The minimum width of easements for public or private utilities, sanitary sewers, or water distribution systems shall be determined by the review authority based on the recommendations of the city engineer for city facilities, and the recommendations of the applicable utility company, for public or private utilities.

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2. Overhead Lines. When overhead utility lines are approved by the review authority, easements shall be located at the rear of lots where practical, and along the side of lots where necessary. Where practical, the poles supporting overhead lines shall not be installed within any street, alley, or easement designated exclusively for drainage purposes.

C. Timing of Installation. All underground utilities, water lines, sanitary sewers, and storm drains installed in streets, shall be constructed before the streets are surfaced. Connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made.

16.03.110 Sewage disposal.

Each parcel within an approved subdivision shall be provided a connection to the Sonoma Valley County sanitation district’s sewage collection, treatment, and disposal system, in compliance with the district’s improvement standards and specifications.

16.03.120 Street lighting.

All proposed subdivisions shall provide street lighting facilities designed and constructed in compliance with the city’s improvement standards and specifications.

16.03.130 Street names and signs.

A. Street Name Requirements. All streets within a proposed subdivision shall be named, and the names shall be approved by the review authority. Duplication of existing names within the same area shall not be allowed in a new subdivision unless the street is an obvious extension of an existing street.

B. Street Name Signs. The subdivider shall provide a minimum of two street name signs in compliance with the city’s improvement standards and specifications at each street intersection. The signs shall be located on the diagonally opposite sides of the intersection.

One street name sign shall be provided at each “T” intersection.

16.03.140 Storm drainage.

Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the drainage area. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development, including natural channel morphology that may be modified as a result of Agenda Item #5.3:

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increased stormwater runoff from the subdivision; off-site storm drain improvements including stormwater runoff detention and/or infiltration may be required to satisfy this requirement. Any easement for drainage or flood control shall be improved as specified by the city engineer. All storm drainage facilities shall be designed in accordance with the Sonoma County water agency “flood control design criteria.” (Ord. 05-2015 § 8, 2015; Ord. 2003-02 § 3, 2003).

16.03.150 Water supply.

Each approved parcel shall be served by the city’s water system.

Chapter 16.04

TENTATIVE MAP FILING AND PROCESSING
Sections:

16.04.010 Purpose of chapter.

16.04.020 Tentative map preparation, application contents.

16.04.030 Tentative map filing, initial processing.

16.04.040 Evaluation of application.

16.04.050 Review and decision.

16.04.060 Tentative map public hearings.

16.04.070 Tentative map approval or disapproval.

16.04.080 Conditions of approval.

16.04.090 Effective date of tentative map approval.

16.04.100 Changes to approved tentative map or conditions.

16.04.110 Completion of subdivision process.

16.04.120 Vesting tentative maps.

16.04.130 Tentative map time limits.

16.04.140 Expiration of approved tentative map.

16.04.150 Extensions of time for tentative maps.

16.04.160 Applications deemed approved.

16.04.010 Purpose of chapter.

This chapter establishes requirements for the preparation, filing, approval or disapproval of tentative maps, consistent with the requirements of the Map Act.

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16.04.020 Tentative map preparation, application contents.

Tentative map submittal shall include the application forms, and all information and other materials prepared as required by the department.

16.04.030 Tentative map filing, initial processing.

A. General Filing and Processing Requirements. Tentative map applications shall be submitted to the department for processing, be reviewed for completeness and accuracy, referred to affected agencies, reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable, and evaluated in a staff report in compliance with Chapter 19.52 SMC, Applications: Filing and Processing.

B. Referral to Affected Agencies. In addition to the procedures outlined in Chapter 19.52 SMC, a tentative map application shall be referred to the agencies outlined in this subsection as required by the Map Act, as well as any other city department, county, state or federal agency, or other individual or group that the city planner believes may be affected by the subdivision, or may have information useful to the city about issues raised by the proposed subdivision.

1. Time Limits for Referrals. As required by Map Act sections 66453 through 66455.7, referral shall occur within five days of the tentative map application being determined to be complete in compliance with SMC 16.04.040, Evaluation of application. An agency wishing to respond to a referral shall provide the department with its recommendations within 15 days after receiving the tentative map application.

2. Required Referrals. The city planner shall refer tentative map applications for review and comment to each of the following agencies, which will be expected to provide service to the proposed subdivision.
a. Caltrans. The California Department of Transportation shall be referred any tentative map located within an area shown on a territorial map filed with the city in compliance with Map Act section 66455.
b. Other Cities and Local Agencies. Other cities and other local agencies shall be referred any tentative map or conditional certificate of compliance application that is located within the area shown on a territorial map filed with the city in compliance with Map Act section 66453, and within three miles of their official boundaries.

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c. Public Utilities. Public utility companies and other service agencies which will be expected to provide service to the proposed subdivision, including providers of gas, electrical, telephone, and cable television services, shall be referred any tentative map or conditional certificate of compliance within their respective jurisdictions.
d. School Districts. Tentative maps shall be referred to the governing board of any elementary, high school, or unified school district within which the property to be subdivided is located.
e. State Department of Education. The State Department of Education shall be notified of any tentative map that includes a proposed public school site. Along with the subdivision application referral, the department shall include notification that if no written response to the referral is received within 15 calendar days of receipt by the department, the city shall presume that no recommendations or comments are forthcoming.

16.04.040 Evaluation of application.

After completion of the initial processing and the application being deemed complete in compliance with SMC 16.04.030, Tentative map filing, initial processing, the city planner shall:

A. Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this development code, the General Plan, any applicable specific plan, and the Map Act;
B. Determine the extent to which the proposed subdivision complies with the findings in SMC 16.04.070, Tentative map approval or disapproval; and C. Prepare a staff report to the review authority in compliance with SMC 16.04.060, Tentative map public hearings, describing the conclusions of the evaluations of the map, and recommending to the review authority the approval, conditional approval, or denial of the tentative map.

16.04.050 Review and decision.

After review of a tentative map in compliance with SMC 16.04.040, the planning commission shall:

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A. Conduct a public hearing on a proposed tentative map in compliance with SMC 16.04.060, Tentative map public hearings, and consider the recommendations of the city planner, any agency comments on the map, and any public testimony; and B. Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this development code, the General Plan, any specific plan, and the Map Act. The review authority’s evaluation shall be based on the staff report (SMC 16.04.040), information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received; and C. Within 30 days after the filing of the report and recommendation of the city planner with the review authority, approve, conditionally approve or deny the tentative map.

Approval or conditional approval of a tentative map shall be granted only after the commission has first made all findings required by SMC 16.04.070, Tentative map approval or disapproval. The commission may impose conditions of approval in compliance with SMC 16.04.080, Conditions of approval.

16.04.060 Tentative map public hearings.

When a public hearing is required by this development code for a tentative map, the hearing shall be scheduled and conducted in compliance with this section, with public notice being provided in compliance with Chapter 19.88 SMC, Public Hearings.

A. Scheduling of Hearing, Action. A public hearing on a tentative map shall be scheduled, and action shall be taken, within 50 days after the tentative map application has been deemed complete.

B. Distribution of Staff Report. The staff report on the tentative map shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Chapter 16.06 SMC)) at least three days before any hearing or action on the tentative map by the commission.

16.04.070 Tentative map approval or disapproval.

In order to approve a tentative map and conditions of approval, or to disapprove a tentative map, the commission shall first make the findings required by this section. In determining whether to approve a tentative map, the city shall apply only those ordinances, policies, and standards in effect at the date the department determined that the application was complete in compliance with SMC 16.04.030, Tentative map filing, initial processing, except Agenda Item #5.3:

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where the city has initiated General Plan, specific plan or development code changes, and provided public notice as required by Map Act section 66474.2.

A. Required Findings for Approval. The commission may approve a tentative map only when it shall first find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, and any applicable specific plan, and that none of the findings for denial in subsection (C) of this section can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act section 66424.6.

B. Supplemental Findings. In addition to the findings required for approval of a tentative map by subsection (A) of this section, the commission shall not approve a tentative map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

1. Construction of Improvements. It is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of public improvements within a specified time after recordation of the parcel map, where public improvements are required.

2. Condominiums. Any applicable findings required by SMC 16.06.030(F) for condominium conversions.

3. Dedications or Exactions. Any applicable findings required by SMC 16.10.020, Findings required for dedications and exactions, if dedications or exactions are required.

4. Waiver of Parcel Map. The findings required by SMC 16.05.030, Waiver of parcel map, if waiver of a parcel map has been requested with the tentative map application.

C. Findings Requiring Denial. A tentative map shall be denied if the commission makes any of the following findings:

1. The proposed subdivision including design and improvements is not consistent with the General Plan or any applicable specific plan;

2. The site is not physically suitable for the type or proposed density of development; Agenda Item #5.3:

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3. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat;

4. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;

5. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made if the commission finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision;

6. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;

7. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the city engineer or the commission that the conditions can be corrected in the plan for the development; or

8. The proposed subdivision is not consistent with all applicable provisions of this chapter, the development code, any other applicable provisions of the municipal code, and the Subdivision Map Act.

16.04.080 Conditions of approval.

Along with the approval of a tentative map, the adoption of conditions of approval shall occur in compliance with this section; provided, that all conditions shall be consistent with the requirements of the Map Act.

A. Mandatory Conditions. The commission shall adopt conditions of approval that will:

1. Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, Agenda Item #5.3:

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solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development;

2. Mitigate or eliminate environmental problems identified through the environmental review process, except where a statement of overriding consideration has been adopted in compliance with CEQA;

3. Carry out the specific requirements of Chapter 16.03 SMC, Subdivision Design and Improvement Requirements, and Chapter 16.11 SMC, Improvement Plans and Agreements;

4. Secure compliance with the requirements of this development code and the General Plan;

5. Require that any designated remainder parcels not be subsequently sold or further subdivided unless a certificate or conditional certificate of compliance (Chapter 16.08 SMC) is obtained in compliance with this development code; and

6. Require the dedication of additional land for bicycle paths, local transit facilities (including bus turnouts, benches, shelters, etc.), sunlight easements, and school sites, in compliance with Map Act, article 3, chapter 4 where required by the General Plan; B. Optional Conditions. The commission may also require as conditions of approval:

1. The waiver of direct access rights to any existing or proposed streets;

2. The reservation of sites for public facilities, including schools, and fire stations, libraries, and other public uses in compliance with Map Act, article 4, Chapter 4;

3. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; or

4. Any other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with city ordinances or state law.

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16.04.090 Effective date of tentative map approval.

The approval of a tentative map shall become effective for the purposes of filing a parcel or final map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the council.

16.04.100 Changes to approved tentative map or conditions.

A subdivider may request changes to an approved tentative map or its conditions of approval before recordation of a parcel or final map in compliance with this section.

Changes to a parcel or final map after recordation are subject to SMC 16.05.130, Amendments to recorded maps.

A. Limitation on Allowed Changes. Changes to a tentative map that may be requested by a subdivider in compliance with this section include minor adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by subsection (D) of this section. Other changes shall require the filing and processing of a new tentative map.

B. Application for Changes. The subdivider shall file an application and filing fee with the department, using the forms furnished by the department, together with the following additional information:

1. A statement identifying the tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

2. Any additional information deemed appropriate by the department.

C. Processing. Proposed changes to a tentative map or conditions of approval shall be processed in the same manner as the original tentative map, except as otherwise provided by this section.

D. Findings for Approval. The commission shall not modify the approved tentative map or conditions of approval unless it shall first find that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by SMC 16.04.070(A) and (B) can still be made:

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1. There was a material mistake of fact in the deliberations leading to the original approval;

2. There has been a change of circumstances related to the original approval; and

3. A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this development code.

E. Effect of Changes on Time Limits. Approved changes to a tentative map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by SMC 16.04.140, Expiration of approved tentative map.

16.04.110 Completion of subdivision process.

A. Compliance with Conditions and Improvement Plans. Following the approval of a tentative map pursuant to this chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans in compliance with Chapter 16.11 SMC, Improvement Plans and Agreements, before constructing any required improvements.

B. Parcel or Final Map Preparation, Filing and Recordation.

1. A parcel map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded in compliance with Chapter 16.05 SMC, Parcel Maps and Final Maps, to complete the subdivision, unless a parcel map has been waived in compliance with SMC 16.05.030, Waiver of parcel map.

2. A final map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 16.05 SMC, Parcel Maps and Final Maps, to complete the subdivision.

16.04.120 Vesting tentative maps.

This section establishes procedures to implement the vesting tentative map requirements of state law, sections 66498.1 et seq. of the Map Act.

A. Applicability. Whenever this development code requires that a tentative map be filed, a vesting tentative map may instead be filed; provided, that the vesting tentative map is prepared, filed and processed in compliance with this section. A vesting tentative map may be filed for either residential, commercial or industrial developments.

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B. Processing of a Vesting Tentative Map. A vesting tentative map shall be filed in the same form, have the same contents and accompanying data and reports, and shall be processed in the same manner as set forth by this chapter as a tentative map, except as follows:

1. Application Content. The vesting tentative map shall include the following information in addition to that required by SMC 16.04.020, Tentative map preparation, application contents:
a. Title. The vesting tentative map shall be prepared with the words “Vesting Tentative Map” printed conspicuously on its face;
b. Intended Development. The vesting tentative map application shall include accurately drawn, preliminary floor plans and architectural elevations for all buildings and structures intended to be constructed on the property after subdivision; and
c. The vesting tentative map application shall include plans prepared by a registered civil engineer showing all off-site improvements necessary to carry out the specific requirements of Chapter 16.03 SMC, Subdivision Design and Improvement Requirements.

2. Findings for Approval. The approval of a vesting tentative map shall not be granted unless the commission first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for tentative map approval by SMC 16.04.070, Tentative map approval or disapproval.

C. Expiration of Vesting Tentative Map. An approved vesting tentative map shall be subject to the same time limits for expiration as are established for tentative maps by SMC 16.04.130 et seq., Tentative map time limits.

D. Changes to Approved Map or Conditions. The subdivider may apply for an amendment to the vesting tentative map or conditions of approval at any time before the expiration of the vesting tentative map. An amendment request shall be considered and processed through the same procedures as a new application, in compliance with this section and pursuant to the provisions of the Subdivision Map Act section 66498.2.

E. Development Rights Vested.

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1. The approval of a vesting tentative map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the ordinances, policies and standards (excluding fees) as provided in Map Act section 66498.1.

2. If Map Act section 66474.2 is repealed, approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the map is approved or conditionally approved.

3. Subsequent land use permits, building permits, extensions of time or other entitlements filed on parcels created by the subdivision may be conditioned or denied only if the commission determines that:
a. 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; or b. The condition or denial is required, in order to comply with state or federal law.

4. Fees charged for building or land use permits, filed after the approval of a vesting tentative map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees, etc.). Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed.

F. Duration of Vested Rights. The development rights vested by this section shall expire if a parcel map or final map is not approved before the expiration of the vesting tentative map in compliance with SMC 16.04.130 et seq., Tentative map time limits. If the parcel or final map is approved and recorded, the development rights shall be vested for the following periods of time:

1. An initial time period of 24 months from the date of recordation of the parcel or final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

2. The initial 24 months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural Agenda Item #5.3:

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review, if processing exceeds 30 days from the date the application is accepted for processing as complete.

3. The subdivider may apply for a one-year extension at any time before the initial 24 months expires. Application for an extension shall be submitted to the department and shall be accompanied by the required fee. The planning commission shall approve or deny any request for extension.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (F)(1) and (F)(2) of this section, the vested rights shall continue until the expiration of the building permit, or any extension of that permit.

16.04.130 Tentative map time limits.

The processing of a tentative map shall be completed, and an approved tentative map shall be subject to the time limits for expiration and procedures for extension in compliance with SMC 16.04.140 through 16.04.150.

16.04.140 Expiration of approved tentative map.

An approved tentative map is valid for 24 months after its effective date, except as otherwise provided by Map Act sections 66452.6, 66452.11, 66452.13, or 66463.5. At the end of 24 months, the approval shall expire and become void unless:

A. A parcel or final map, and related bonds and improvement agreements, have been filed with the city engineer in compliance with Chapter 16.05 SMC, Parcel Maps and Final Maps; or
B. An extension of time has been granted in compliance with SMC 16.04.150, Extensions of time for tentative maps.

Expiration of an approved tentative map or vesting tentative map shall terminate all proceedings. The application shall not be reactivated unless a new tentative map application is filed.

16.04.150 Extensions of time for tentative maps.

When a subdivider has not completed all tentative map conditions of approval and filed a parcel or final map with the city within the time limits established by SMC 16.04.130, time extensions may be granted in compliance with this section. Extension requests shall be in Agenda Item #5.3:

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writing and shall be filed with the department on or before the date of expiration of the approval or previous extension, together with the required filing fee.

A. Tentative Maps and Vesting Tentative Maps – Findings for Extensions. The planning commission may grant extensions to the initial time limit up to a maximum total of three years, only after finding that:

1. There have been no changes to the provisions of the General Plan, any applicable specific plan or this development code applicable to the project since the approval of the tentative map;

2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this development code apply to the project; and

3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project.

B. Tentative Maps with Multiple Final Maps. Where a subdivider is required to expend more than $125,000 on improvements as specified in Map Act section 66452.6 and multiple final maps are filed covering portions of a single approved tentative map, each filing of a final map shall extend the expiration of the tentative map by an additional 36 months from the date of its expiration, or the date of the previously filed final map, whichever is later; provided, that the total of all extensions shall not extend the approval of the tentative map more than 10 years from its approval.

16.04.160 Applications deemed approved.

Any subdivision application deemed approved in compliance with Government Code section 65956, or Map Act sections 66452 et seq., shall be subject to all applicable provisions of this development code, which shall be satisfied by the subdivider before any building permits or other land use entitlements are issued. Parcel or final maps filed for record after the automatic approval of their tentative map shall remain subject to all the mandatory requirements of this development code and the Map Act, including, but not limited to, Map Act sections 66473, 66473.5 and 66474.

Chapter 16.05

PARCEL MAPS AND FINAL MAPS
Agenda Item #5.3:

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Sections:

16.05.010 Purpose of chapter.

16.05.020 Parcel maps.

16.05.030 Waiver of parcel map.

16.05.040 Parcel map form and content.

16.05.050 Filing and processing of parcel maps.

16.05.060 Parcel map approval.

16.05.070 Final maps.

16.05.080 Final map form and content.

16.05.090 Filing and processing of final maps.

16.05.100 Final map approval.

16.05.110 Supplemental information sheets.

16.05.120 Recordation of maps.

16.05.130 Amendments to recorded maps.

16.05.010 Purpose of chapter.

This chapter establishes requirements for the preparation, filing, approval and recordation of parcel and final maps, consistent with the requirements of the Map Act.

16.05.020 Parcel maps.

As required by SMC 16.02.020, Type of subdivision approval required, and SMC 16.04.110, Completion of subdivision process, a parcel map shall be filed and approved to complete the subdivision process for a subdivision of four or fewer parcels, except when the requirement for a parcel map is waived as set forth in SMC 16.05.030. A parcel map shall be prepared, filed and processed as set forth in SMC 16.05.040 through 16.05.060.

16.05.030 Waiver of parcel map.

A subdivider may request waiver of a parcel map, and the waiver may be granted, in compliance with this section.

A. When Waiver Is Allowed. Waiver of a parcel map may be requested by a subdivider and granted by the commission for an approved subdivision where the following circumstances exist, and the boundaries of the original parcel have been previously surveyed and a map recorded, and are certain as to location.

1. Until January 1, 2003, the land being subdivided is solely for the creation of an environmental subdivision in compliance with Map Act section 66418.2; or Agenda Item #5.3:

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2. The subdivision or interests in the subdivision have been created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or

3. The subdivision results from the conveyance of land or interest to or from the city, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.

B. Application Processing and Approval. A request for waiver of parcel map shall be submitted with the tentative map application, together with the required filing fee. The waiver request shall be processed and acted upon concurrently with the tentative map application. The commission may grant a requested waiver if:

1. The proposed tentative map satisfies all findings required for approval by SMC 16.04.070, Tentative map approval or disapproval; and

2. The proposed subdivision complies with all applicable requirements of the Map Act and this development code as to lot area, improvement and design, drainage, flood control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection.

C. Expiration of Waiver. An approved waiver of parcel map shall be subject to the same time limits and opportunities for extension of time as the accompanying tentative map, in compliance with SMC 16.04.140, Expiration of approved tentative map, and SMC 16.04.150, Extensions of time for tentative maps, and subsection (D) of this section.

D. Completion of Subdivision. A subdivision for which a parcel map has been waived shall be completed by the subdivider satisfying any tentative map conditions of approval, including any conditions providing for the payment of fees, and by the city engineer filing with the county recorder a certificate of compliance for the land to be divided and a plat map showing the division.

16.05.040 Parcel map form and content.

A parcel map shall be prepared by or under the direction of a qualified, registered civil engineer or licensed land surveyor, registered or licensed by the state of California. Parcel map submittal shall include all information and other materials prepared as required by the department and section 66444 et seq. of the Map Act.

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16.05.050 Filing and processing of parcel maps.

A. Filing with the City Engineer. The parcel map, together with all data, information and materials required by SMC 16.05.040, shall be submitted to the city engineer. The parcel map shall be considered submitted when it is complete and complies with all applicable provisions of this development code and the Map Act.

B. Review of Parcel Map. The city engineer shall:

1. Determine whether all applicable provisions of this development code and the Map Act have been complied with, that the map is technically correct, and that it is in substantial compliance with the approved tentative map; and

2. Obtain verification from the department that the parcel map conforms to the approved tentative map and that any conditions of approval for which that office is responsible have been completed.

If the parcel map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes and resubmit the parcel map, together with all required data if the tentative map has not expired.

16.05.060 Parcel map approval.

A. Map Without Dedications. After determining that the parcel map is technically correct in compliance with SMC 16.05.050, the city engineer shall approve the parcel map and execute the city engineer’s certificate. The map shall then be transmitted by the city engineer to the county recorder for filing in compliance with section 66450 of the Map Act.

B. Map with Dedications. After determining that the parcel map is technically correct in compliance with SMC 16.05.050, the city engineer shall refer the parcel map to the city council to accept or reject offers of dedications. The council shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action to approve the parcel map. Following council action on offers of dedication, the city engineer shall execute the city engineer’s certificate. The map shall then be transmitted by the city engineer to the county recorder for filing in compliance with section 66450 of the Map Act.

16.05.070 Final maps.

As required by SMC 16.02.020, Type of subdivision approval required, a final map shall be filed and approved to complete the subdivision process for a subdivision of five or more Agenda Item #5.3:

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parcels. A final map shall be prepared, filed and processed as set forth in SMC 16.05.080 through 16.05.120.

16.05.080 Final map form and content.

A final map shall be prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor, registered or licensed by the state of California. Final map submittal shall include all information and other materials prepared as required by section 66433 et seq. of the Map Act. A final map submittal shall also include a digital copy of the final map, prepared using computer software and standards specified by the city engineer.

16.05.090 Filing and processing of final maps.

A. Filing with City Engineer. The final map, together with all data, information and materials required by SMC 16.05.080, shall be submitted to the city engineer. The final map shall be considered submitted when it is complete and complies with all applicable provisions of this development code and the Map Act.

B. Review of Final Map. The city engineer shall review the final map and all accompanying materials, and shall:

2. Obtain verification from the department that the final map conforms to the approved tentative map and that any conditions of approval for which that office is responsible have been completed.

If the final map does not conform as required above, the subdivider shall be notified, and given the opportunity to make necessary changes prior to tentative map expiration and resubmit the parcel map, together with all required data.

C. Multiple Final Maps. The subdivider may file multiple final maps on the approved tentative map if the subdivider either included a statement of intention with the tentative map or, if after the filing of the tentative map, the city engineer approved the request.

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16.05.100 Final map approval.

After determining that the final map is in compliance and is technically correct in compliance with SMC 16.05.080, the city engineer shall execute the city engineer’s certificate on the map in compliance with Map Act section 66442, and forward the final map to the council for action, as follows:

A. Review and Approval by Council. The council shall approve or disapprove the final map at its next regular meeting after the city clerk receives the map, or at its next regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the city engineer and the subdivider.

1. Criteria for Approval. The council shall approve the final map if it conforms to all the requirements of the Map Act, all provisions of this development code that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map.

2. Waiver of Errors. The council may approve a final map that fails to meet any of the requirements of this development code or the Map Act applicable at the time of approval of the tentative map, when the council finds that the failure of the map is a technical or inadvertent error which, in the determination of the council does not materially affect the validity of the map.

3. Approval by Inaction. If the council does not approve or disapprove the map within the prescribed time or any authorized extension, and the map conforms to all applicable requirements and rulings, it shall be deemed approved, and the city clerk shall certify its approval on the map.

B. Map with Dedications. If a dedication or offer of dedication is required on the final map, the council shall accept, accept subject to improvement, or reject with or without prejudice any or all offers of dedication, at the same time as it takes action to approve the final map.

If the city council rejects the offer of dedication, the offer shall remain open and may be accepted by the city council at a later date pursuant to section 66477.2 of the Map Act. Any termination of an offer of dedication shall be processed in compliance with section 66477.2 of the Map Act and the street vacation procedure.

C. Map with Incomplete Improvements. If improvements required by this development code, conditions of approval or by law have not been completed at the time of approval of the final map, the council shall require the subdivider to enter into an agreement with the Agenda Item #5.3:

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city as specified in Map Act section 66462, and SMC 16.11.040, Improvement agreements and security, as a condition precedent to the approval of the final map.

D. Transmittal to Recorder. After action by the council, and after the required signatures and seals have been affixed, the city clerk shall transmit the final map to the county recorder for filing, in compliance with SMC 16.05.120, Recordation of maps.

16.05.110 Supplemental information sheets.

In addition to the information required to be included in parcel maps and final maps (SMC 16.05.040 and 16.05.080, respectively), additional information may be required to be submitted and recorded simultaneously with a final map as required by this section.

A. Preparation and Form. The additional information required by this section shall be presented in the form of additional map sheets, unless the city engineer determines that the type of information required would be more clearly and understandably presented in the form of a report or other document. Unless otherwise directed by the city engineer, the additional map sheet or sheets shall be prepared in the same manner and in substantially the same form as required for parcel maps by SMC 16.05.040, Parcel map form and content.

B. Content of Information Sheets. Supplemental information sheets shall contain the following statements and information:

1. Title. A title, including the number assigned to the accompanying parcel or final map by the city engineer, the words “Supplemental Information Sheet”;

2. Explanatory Statement. A statement following the title that the supplemental information sheet is recorded along with the subject parcel or final map, and that the additional information being recorded with the parcel or final map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest;

3. Location Map. A location map, at a scale not to exceed one inch equals 2,000 feet.

The map shall indicate the location of the subdivision within the city;

4. Areas Subject to Flooding. Identification of all lands within the subdivision subject to periodic inundation by water;
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5. Soils or Geologic Hazards Reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and

6. Information Required by Conditions of Approval. Any information required by the approval body to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property, including any other easements or dedications.

16.05.120 Recordation of maps.

A. At the time of filing of a parcel or final map with the county recorder, the subdivider shall present to the county recorder evidence that, at the time of filing the map, the parties consenting to the filing are all parties having vested fee interest in the property being subdivided and are parties required to sign the certificate described in Map Act section 66445(e).

B. The county recorder will review and act upon parcel and final maps filed with that office as set forth in article 6, chapter 3 of the Map Act and other applicable provisions of state law.

16.05.130 Amendments to recorded maps.

A recorded parcel or final map shall be modified to correct errors in the recorded map or to change characteristics of the approved subdivision only as set forth in this section.

A. Corrections. In the event that errors in a parcel or final map are discovered after recordation, or that other corrections are necessary, the corrections may be accomplished by either the filing of a certificate of correction or an amending map, in compliance with article 7, chapter 3 of the Map Act. For the purposes of this section, “errors” include errors in course or distance (but not changes in courses or distances from which an error is not ascertainable from the parcel or final map), omission of any course or distance, errors in legal descriptions, or any other map error or omission as approved by the city engineer that does not affect any property right, including but not limited to lot numbers, acreage, street names, and identification of adjacent record maps. Other corrections may include indicating monuments set by engineers or surveyors other than the one that was responsible for setting monuments, or showing the proper character or location of any monument that was incorrectly shown, or that has been changed.

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B. Changes to Approved Subdivision. In the event that a subdivider wishes to change the characteristics of an approved subdivision, including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with SMC 16.11.040, Improvement agreements and security, a new tentative and parcel or final map shall be filed and approved as required by SMC 16.02.020, Type of subdivision approval required.

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Chapter 16.06

CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
Sections:

16.06.010 Purpose of chapter.

16.06.020 Condominiums.

16.06.030 Condominium conversions.

16.06.010 Purpose of chapter.

This chapter establishes requirements for applications for the creation of a condominium or other common interest development (including a community apartment project, planned development or stock cooperative, as provided by Civil Code section 1351) simultaneously with the construction of a new structure, and the conversion of an existing structure to a condominium, consistent with the requirements of the Map Act.

16.06.020 Condominiums.

When a residential structure is proposed at the time of construction as a condominium or other common interest development, a tentative map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 16.04 SMC, Tentative Map Filing and Processing. Chapter 16.05 SMC, Parcel Maps and Final Maps, determines whether a parcel or final map shall also be filed.

16.06.030 Condominium conversions.

A condominium conversion is the conversion of real property to a common interest development as defined by section 1351 of the Civil Code.

A. Approvals Required. A conversion shall require the approval of a tentative map, and parcel or final map, except where a parcel map, or tentative and final map are waived in compliance with Map Act sections 66428(b) or 66428.1, for the conversion of a mobile home park. If a parcel map is waived, a tentative map shall still be required.

B. Application Filing and Processing. A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 16.04 SMC, Tentative Map Filing and Processing, except as otherwise provided by the following provisions of this section.

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C. Application Contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, which shall also include the following information and materials:

1. Tentative Map. The tentative map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how division will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units.

2. Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act section 66452.10.

3. Relocation Assistance Program. A program proposed by the applicant that will assist tenants displaced through the conversion in relocating to equivalent or better housing.

4. Vacancy Rate Assessment. An assessment of the vacancy rate in multifamily rental housing within the city.

5. Mobile Home Park Conversion Impact Report. If the development being converted to a condominium is a mobile home park, the application shall also include the report required by Map Act section 66427.4.

D. Staff Report. The staff report on the tentative map for the condominium conversion (SMC 16.04.040) shall be provided the subdivider and each tenant of the subject property at least three days before any hearing or action on the tentative map by the commission or council.

E. Public Notice. The following notice shall be provided in addition to that required by Chapter 19.88 SMC, Public Hearings:

1. Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act sections 66452.8 and 66452.9, and shall provide the department satisfactory proof that the notice was given; and Agenda Item #5.3:

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2. Public Hearing Notice. Notice of the public hearing(s) on the tentative map shall be provided to all tenants of the subject property, as required by Map Act section 66451.3.

F. Approval of Conversion, Required Findings.

1. Time Limit, Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within 120 days of the application being found complete in compliance with SMC 16.04.030, Tentative map filing, initial processing. The 120-day time limit may be extended by mutual consent of the subdivider and the city.

2. Conversion Findings, Residential Projects. Approval of a tentative or final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act section 66427.1 are first made.

G. Completion of Conversion. The filing, approval and recordation of a parcel map or final map in compliance with Chapter 16.05 SMC, Parcel Maps and Final Maps, shall be required to complete the subdivision process, except where a parcel map, or tentative and final map are waived for the conversion of a mobile home park in compliance with Map Act section 66428(b).

Chapter 16.07

LOT LINE ADJUSTMENTS AND PARCEL MERGERS
Sections:

16.07.010 Purpose of chapter.

16.07.020 Applicability.

16.07.030 Adjustment application and processing.

16.07.040 Approval or denial of adjustment.

16.07.050 Completion of adjustment.

16.07.060 Parcel mergers.

16.07.010 Purpose of chapter.

This chapter provides procedures for the preparation, filing, processing, and approval or denial of lot line adjustment applications, consistent with the policies of the General Plan Agenda Item #5.3:

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and the requirements of Map Act section 66412(d). This chapter also provides procedures for voluntary parcel mergers.

16.07.020 Applicability.

A. As provided by Map Act section 66412(d), the lot line adjustment procedure is for the purpose of relocating lot lines between two or more existing adjacent parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. For the purposes of this chapter, an “adjacent parcel” is one that directly touches at least one of the other parcels involved in the adjustment.

B. Parcels combined by encumbrances or encroachments of existing structures shall be considered a single original parcel for purposes of an adjustment in compliance with this chapter.

16.07.030 Adjustment application and processing.

A lot line adjustment application shall be prepared, filed and processed as provided by this section.

A. Application Content. A lot line adjustment application shall include all information and other materials required by the department.

B. Processing. Lot line adjustment applications shall be submitted to the department and shall be processed in compliance with the procedures specified by Chapter 19.52 SMC, Applications: Filing and Processing. No environmental review shall be required, in compliance with the CEQA guidelines.

16.07.040 Approval or denial of adjustment.

The city engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this development code. The city engineer may approve, conditionally approve, or deny the lot line adjustment in compliance with this section. Decisions made by the city engineer may be appealed to the commission in compliance with Chapter 19.84 SMC, Appeals.

A. Required Findings. A proposed lot line adjustment shall be denied if the city engineer finds any of the following:

1. The adjustment will have the effect of creating a greater number of parcels than exist before adjustment;
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2. Any parcel resulting from the adjustment will conflict with any applicable regulations of this development code; or

3. The adjustment will result in an increase in the number of nonconforming parcels.

B. Conditions of Approval. In approving a lot line adjustment, the city engineer shall adopt conditions only as necessary to conform the adjustment and proposed parcels to the requirements of this development code and SMC Title 14, Buildings and Construction, or to facilitate the relocation of existing utilities, infrastructure, or easements.

16.07.050 Completion of adjustment.

Within 12 months after approval, the lot line adjustment process shall be completed in compliance with this section through the recordation of a deed, after all conditions of approval have been satisfied.

A. Completion by Deed. A lot line adjustment shall not be effective or finally completed until recordation of a grant deed or deeds signed by the record owners. The applicant shall submit deeds to the city engineer for review and approval in compliance with subsection (B) of this section, before recordation of the grant deed. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a licensed land surveyor licensed or registered in the state.

B. Review and Approval by City Engineer. The city engineer shall:

1. Examine the deeds to ensure that all record title owners and lien holders have consented to the adjustment;

2. Verify that all conditions of approval have been satisfactorily completed and that the deeds are in substantial compliance with the lot line adjustment as approved by the review authority;

3. Verify that the property owners have either obtained partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to an adjacent parcel, and that any liens covering the adjacent property have been modified to cover the newly created larger parcel;

4. If satisfied that the deeds comply with the above requirements, place an endorsed approval upon the deeds; and
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5. After approval of the legal descriptions, assemble the deeds and return them to the applicant’s title company for recordation.

C. Expiration. The approval of a lot line adjustment shall expire and become void if the adjustment has not been completed as required by this section within 12 months of approval.

16.07.060 Parcel mergers.

A. Merger Not Required. Two or more contiguous parcels or units of land which have been subdivided under the provisions of this development code or the Map Act shall not merge by virtue of the fact that the contiguous parcels are held by the same ownership. No further proceedings under this development code shall be required for the purpose of sale, lease or financing, except as provided by this chapter.

B. Processing of Requested Merger. Upon request of the legal owner of contiguous parcels, the city may approve the merger of the property in compliance with Map Act section 66499.20 3/4. The request shall be in writing and shall be accompanied by data and documents as required by the department.

1. Review Authority. The city engineer shall have the authority to review and approve proposed parcel mergers, except that council review and approval shall be required for a proposed merger associated with a project that has not been previously considered by the commission.

2. Conditions of Approval. In approving a merger, the city engineer may impose reasonable conditions. The reasonableness of conditions imposed by the city engineer may be appealed within 10 days of written notice of the conditions to the council in compliance with Chapter 19.84 SMC, Appeals.

3. Completion of Merger. Upon approval, a notice of lot merger shall be filed with the county recorder. The form and content of the notice shall be as required by the city engineer.

Chapter 16.08

CERTIFICATES OF COMPLIANCE
Sections:

16.08.010 Purpose of chapter.

16.08.020 Applicability.

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16.08.030 Application contents.

16.08.040 Review and approval.

16.08.050 Conditional certificates of compliance.

16.08.010 Purpose of chapter.

This chapter provides procedures for the filing, processing, and approval or denial of certificates of compliance and conditional certificates of compliance, consistent with the requirements of the Map Act.

16.08.020 Applicability.

A certificate of compliance is a document recorded by the county recorder, which acknowledges that the subject parcel is considered by the city to be a legal lot of record. A conditional certificate of compliance is used instead of a certificate of compliance to validate a parcel that was not legally subdivided. Any person owning real property, or a purchaser of the property in a contract of sale of the property, may request a certificate of compliance.

16.08.030 Application contents.

A certificate of compliance application shall include the form provided by the department, the required filing fee, and a chain of title, consisting of copies of all deeds beginning before the division and thereafter, unless the parcels were created through a recorded subdivision map.

16.08.040 Review and approval.

A. City Engineer Review. The city engineer shall review all available information and make a determination whether the real property was divided in accordance with the Map Act, this development code, and other applicable provisions of the municipal code. Upon making the determination, the city engineer shall cause a certificate of compliance to be filed with the county recorder. In the event that the city engineer determines that the real property does not comply with the provisions of this development code or the Map Act, the application shall instead be processed as a conditional certificate of compliance, SMC 16.08.050, Conditional certificates of compliance.

B. Form of Certificate. The certificate of compliance shall identify the real property, shall state that the division complies with the provisions of the Map Act and this development code, and shall include all information required by Map Act section 66499.35.

C. Effective Date of Certificate. A certificate of compliance shall not become final until the document has been recorded by the county recorder.

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16.08.050 Conditional certificates of compliance.

A conditional certificate of compliance is used to validate a parcel that was not legally divided. If the current owners are the original subdividers, conditions may be based on current standards. The preparation, filing and processing of a conditional certificate of compliance application shall occur in compliance with this section.

A. Application. An application for a conditional certificate of compliance shall be prepared and include the same materials as a certificate of compliance (SMC 16.08.030).

B. Review and Approval. Upon making a determination that the real property does not comply with the provisions of this development code or the Map Act, the city engineer shall grant a conditional certificate of compliance, imposing conditions as provided by subsection (C) of this section, Conditions of Approval.

C. Conditions of Approval. If the owners of the property for which a certificate is requested are the original subdividers, the city engineer may impose any conditions that would be applicable to a current subdivision, as provided by the Map Act and this development code, regardless of when the property was divided. If the owners had no responsibility for the subdivision that created the parcel, the city engineer may only impose conditions that would have been applicable at the time the property was acquired by the current owners.

D. Appeal. A decision to issue a conditional certificate of compliance and/or the conditions imposed by the city engineer may be appealed to the commission in compliance with Chapter 19.84 SMC, Appeals.

E. Completion of Process. Following expiration of the 10-day appeal period after the determination and imposition of conditions by the city engineer, the city engineer shall file a conditional certificate of compliance with the county recorder. The certificate shall identify the property, and serve as notice to the property owner or purchaser who applied for the certificate, a grantee of the owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of the conditions shall be required before subsequent issuance of a permit or other approval for the development of the property.

F. Effective Date of Certificate. A conditional certificate of compliance shall not become effective until the document has been recorded by the county recorder.

Chapter 16.09

REVERSIONS TO ACREAGE
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Sections:

16.09.010 Purpose of chapter.

16.09.020 Applicability.

16.09.030 Initiation of reversion, application requirements.

16.09.040 Application filing and processing.

16.09.050 Council action.

16.09.010 Purpose of chapter.

This chapter provides procedures for the filing, processing, and approval or denial of reversions to acreage, in compliance with Map Act sections 66499.11 et seq.

16.09.020 Applicability.

Subdivided property may be reverted to acreage in compliance with this chapter and the Map Act.

16.09.030 Initiation of reversion, application requirements.

A reversion to acreage may be initiated by the property owner or the council in compliance with this section.

A. Initiation by Owners. Proceedings to revert subdivided property to acreage may be initiated by the filing of an application by all of the record owners of the property. The application shall be in a form prescribed by the city engineer, and shall contain the information required by subsection (C) of this section and any other information as required by the city engineer.

B. Initiation by Council. The city council may, by resolution, initiate proceedings to revert property to acreage at the request of any person or on its own motion. The council shall direct the city engineer to obtain the necessary information to initiate and conduct the proceedings.

C. Application Requirements. An application for reversion to acreage submitted by the property owners shall include the application forms and all information and materials required by the department, the required filing fee, and the following additional information:

1. Evidence of title to the real property; and

2. Evidence of the consent of all of the owners of an interest in the property; or Agenda Item #5.3:

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3. Evidence that none of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by an agreement for completion of the improvements, whichever is later; or

4. Evidence that no lots shown on the final or parcel map have been sold within five years from the date the final or parcel map was filed for record;

5. A tentative map in the form prescribed by SMC 16.04.030;

6. A final or parcel map in the form prescribed by SMC 16.05.040 and 16.05.080, respectively, which delineates dedications which will not be vacated and dedications required as a condition of reversion. The final or parcel map shall be conspicuously designated with the title, “The Purpose of This Map is a Reversion to Acreage.”

16.09.040 Application filing and processing.

A. Submittal to City Engineer. The final or parcel map for the reversion together with all other required application materials shall be submitted to the city engineer for review.

B. Recommendation to Council. Upon finding that the proposed reversion meets with all the requirements of this development code and the Map Act, the city engineer shall submit the final or parcel map, together with a report and recommendations of approval or conditional approval of the reversion to acreage to the council for their consideration.

16.09.050 Council action.

A. Notice and Hearing. The council shall hold a public hearing on an application for reversion to acreage after providing notice in compliance with Chapter 19.88 SMC, Public Hearings.

B. Findings for Approval. The council may approve a reversion to acreage only if it finds and records by resolution that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and either:

1. All owners of an interest in the real property within the subdivision have consented to reversion; or

2. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements whichever is later; or Agenda Item #5.3:

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3. No lots shown on the final or parcel map have been sold within five years from the date the final or parcel map was filed for record.

C. Conditions of Approval. The council may require as condition of the reversion:

1. The owners dedicate or offer to dedicate streets, public rights-of-way or easements; and

2. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this development code.

D. Completion of Process. Upon approving the reversion to acreage, the city engineer will transmit the final or parcel map, together with the council resolution approving the reversion, to the county recorder for recordation. Reversion shall be effective upon the map being filed for record by the county recorder. Upon filing, all dedications and offers of dedication not shown on the final or parcel map for reversion shall be of no further force and effect.

Chapter 16.10

DEDICATIONS AND EXACTIONS
Sections:

16.10.000 Purpose of chapter.

16.10.010 Applicability.

16.10.020 Findings required for dedications and exactions.

16.10.030 Parkland dedications and fees.

16.10.040 Reservations of land.

16.10.050 Right-of-way dedications.

16.10.060 School site dedications.

16.10.000 Purpose of chapter.

This chapter establishes standards for subdivider dedications of land or payment of fees, in conjunction with subdivision approval.

16.10.010 Applicability.

A. Compliance Required. All proposed subdivisions shall comply with the requirements of this chapter for dedications, reservations, or the payment of fees.

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B. Conditions of Approval. The requirements of this chapter as they apply to a specific subdivision shall be described in conditions of approval adopted by the review authority for the tentative map.

16.10.020 Findings required for dedications and exactions.

The review authority may require any of the dedications or exactions described in this chapter through conditions of approval of a proposed tentative map only after first making findings which:

A. Identify the purpose for the dedication or exaction; and B. Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the subdivision from which the dedication or exaction is required.

16.10.030 Parkland dedications and fees.

A. Purpose. This section provides for the dedication of land and/or the payment of fees to the city for park and recreational purposes as a condition of the approval of a tentative map. This section is enacted as authorized by the provisions of article 3, chapter 4 of the Map Act, also known as the “Quimby Act.”
B. Applicability.

1. Land Dedication and/or Fee Payment Required. As a condition of tentative map approval, the subdivider shall dedicate land and/or pay a fee in compliance with this section for the purpose of developing new or rehabilitating existing park or recreation facilities to serve the subdivision.

2. Exemptions. The provisions of this section do not apply to industrial or commercial subdivisions, condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added, or to any other subdivisions exempted by Map Act section 66477.

C. Amount of Parkland Required. The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula:

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X =.005(UP)
Where:

X = Amount of parkland required, in acres.

U = Total number of approved dwelling units in the subdivision.

P = The projected average number of residents per dwelling unit in the proposed subdivision, as determined by the city planner.

D. Formula for Fees in Lieu of Land. If the entire parkland obligation for a proposed residential subdivision is not satisfied by dedication in compliance with subsection (C) of this section, the subdivider shall pay a fee to the city in lieu of dedication, as a condition of tentative map approval. The fee shall equal the parkland obligation derived from the formula in subsection (C) of this section, less the amount of parkland, if any, offered for dedication by the subdivider, times the average per-acre fair market value for the appropriate park planning area. For purposes of determining the required fee, the term “fair market value” shall mean the market value of the land as determined by the city, and approved by the commission, prior to or at tentative map approval. If the subdivider objects to the valuation, the subdivider, at his/her own expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the city whose appraisal may be accepted by the city if found reasonable. Fair market value may be determined by mutual agreement of the city and subdivider; however, decisions of the city as to fair market value shall be final and conclusive.

E. Criteria for Requiring Dedication and Fees. In subdivisions of over 50 lots, the city may require the subdivider to dedicate both land and pay a fee, as follows:

1. Determination of Land or Fee. Whether the city 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:
a. The provisions of the General Plan, and any applicable specific plans, and the compatibility of dedication with those plans;
b. Access, size, shape and the location of land in the subdivision available for dedication;
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c. Feasibility of dedication; and
d. Availability of previously acquired park property.

2. Fees Only. Only the payment of fees shall be required in subdivisions of 50 parcels or less, except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required even though the number of actual parcels may be less than 50.

3. Procedure for Determining Land or Fee. The review authority shall determine whether the subdivider shall dedicate land, pay in-lieu fees, or provide a combination of both, at the time of tentative map approval. The determination of the review authority shall be based on a report and recommendation from the city planner. The recommendation by the city planner and the action of the review authority shall consider the factors in subsection (E)(1) of this section, and shall include the following:
a. The amount of land required;
b. Whether a fee shall be charged in lieu of land;
c. Whether land and a fee shall be required, and/or that a stated amount of credit be given for private recreation facilities;
d. The location and suitability of the parkland to be dedicated or use of in-lieu fees; and
e. The approximate time when development of the park or recreation facility shall commence.

The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

4. Formula for Land and Fees. When both land dedication and fee payment are required, they shall be subject to the following formula:
a. When only a portion of the land to be subdivided is proposed in the General Plan or applicable specific plan as the site for a local park, that portion shall be dedicated for local park purposes, and a fee computed as provided by subsection Agenda Item #5.3:

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(D) of this section shall be paid for any additional land that would have been required to be dedicated by subsection (C) of this section. b. When a major part of the local park or recreational site has been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, the remaining portion shall be dedicated, and a fee computed as provided by subsection (D) of this section shall be paid in an amount equal to the value of the land that would otherwise have been required to be dedicated by subsection (C) of this section. The fees shall be used for the improvement of the existing park or recreational facility serving the subdivision.

5. Credit for Improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land.

6. Credit for Private Recreation or Open Space. Where a substantial private park and recreational area is provided in a proposed subdivision, and will be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 75 percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the review authority finds all of the following:
a. Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of the private open space;
b. The private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyances, or restrictions; c. The use of the private open space is restricted for park and recreational purposes by recorded covenants, which run with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city;
d. The proposed private open space is usable for active recreation; and e. Facilities proposed for the open space are in substantial compliance with the provisions of the Resource Management Element and Master Plan of Parks.

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F. Suitability of Land to Be Dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use.

1. Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.

2. If the council determines that any of the land proposed to be dedicated is not suitable for park use, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay a fee in compliance with subsection (D) of this section.

G. Conveyance of Land, Payment of Fees. Real property being dedicated for park purposes shall be conveyed by the parcel or final map in fee simple absolute, to the city by the subdivider, free and clear of all encumbrances except those which, in the opinion of the city attorney, will not interfere with use of the property for park and recreational purposes, and which the council agrees to accept. The amount of required fees shall be deposited with the city at the time of submittal of a parcel or final map. The fees shall be held by the city until the map is recorded, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance approved by the city attorney in favor of the city in an amount equal to the value of the land.

H. Use of Collected Fees. Fees collected in compliance with this section shall be used only for the purpose of providing new or rehabilitating existing park or recreational facilities reasonably related to serving the proposed subdivision. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

16.10.040 Reservations of land.

As a condition of approval of a tentative map, the city may require the subdivider to reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses, in compliance with this section.

A. Standards for Reservation of Land.

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1. Location of Land. Where a park, recreational facilities, fire station, library, or other public use is shown in the General Plan or applicable specific plan, the subdivider may be required by the city to reserve sites as determined by the city in compliance with the standards in the applicable plan.

2. Configuration. The reserved area shall be of a size and shape that will permit the balance of the property to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The land to be reserved shall be in multiples of streets and parcels that will permit an efficient division of the reserved area if it is not acquired within the period determined by subsection (B) of this section, Procedure for Reservation of Land.

B. Procedure for Reservation of Land. The public agency for whose benefit an area has been reserved shall at the time of approval of the parcel or final map enter into a binding agreement with the subdivider to acquire the reserved area within two years after the completion and acceptance of all improvements, unless a longer time is authorized by mutual agreement.

C. Purchase Price of Reserved Land. The purchase price shall be the market value of the land at the time the tentative map is filed, plus the property taxes against the reserved area from the date of the reservation, and any other costs incurred by the subdivider in maintaining the reserved area, including interest costs incurred on any loan covering the reserved area.

D. Termination of Reservation. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement as described in subsection (B) of this section, Procedure for Reservation of Land, the reservation shall automatically terminate.

16.10.050 Right-of-way dedications.

A. Offers of Dedication Required. As a condition of tentative map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters’ rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements.

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B. Improvements. The subdivider shall construct or agree to construct all improvements approved or required for the subdivision, including access rights and abutters’ rights, in compliance with the city’s improvement standards.

C. Rights-of-Way, Generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a city-maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility.

D. Bicycle Paths. Any subdivider who is required to dedicate roadways to the public may be required to dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision, if necessary to offset impacts otherwise associated with the subdivision.

E. Transit Facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if:

1. The subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown in the General Plan; and

2. The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision.

F. Alternative Transportation Systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the General Plan, Parks and Recreation or Bikeways Master Plans, applicable specific plan, or implementing legislation, the subdivider shall dedicate land as is necessary to provide for these ways.

16.10.060 School site dedications.

A. Dedication Requirement. In compliance with Map Act section 66478, a subdivider may be required to dedicate land as the review authority determines to be necessary for adequate elementary school facilities for the residents of the subdivision. Dedication may be required only if the subdivider and/or successors in interest to the property:

1. Have owned the land being subdivided for less than 10 years before filing the tentative map; and
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2. Develop, or complete the development, of a subdivision of more than 400 dwelling units within a single school district, within a period of three years or less.

B. Tentative Map Approval. If the school district responds to the referral of the tentative map application (SMC 16.04.030) with a report to the city describing the land the district deems necessary and suitable to provide adequate elementary school service to residents of the proposed subdivision, the review authority shall require the dedication of land as a condition of approval of the tentative map. As required by Map Act section 66478, the dedication requirement shall not make development of the remaining land held by the subdivider economically infeasible, or exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

C. Timing of Dedication. The required dedication may occur before, concurrently with, or up to 60 days after the filing of a final map on any portion of the subdivision. If the school district accepts the dedication, the district shall pay the subdivider the amounts required by Map Act section 66478, and shall record the certificate required by Map Act section 66478.

D. Termination of Dedication Requirement. The requirement of dedication shall automatically terminate unless, within 30 days after the requirement is imposed by the review authority, the school district makes a binding commitment to the subdivider agreeing to accept the dedication at any time before the construction of the first 400 dwelling units.

Upon acceptance of the dedication, the school district shall repay to the subdivider and/or successors the costs specified in Business and Professions Code section 11525.2.

E. Judicial Review. Any person who is aggrieved by or fails to agree to the reasonableness of any requirement imposed in compliance with this section may bring a special proceeding in the superior court in compliance with Map Act section 66499.37.

F. Reversion of Land – Repurchase. Should the school district find itself unable to accept the dedication for reasons other than specified in the commitment with the subdivider, the dedicated land shall revert to the subdivider. If the dedication is accepted, and the school district, within 10 years from the date of acceptance, offers the property or any substantial part thereof for public sale, the subdivider shall have the first option to repurchase the property for the price paid by the district, plus a sum equal to the amount of property taxes which would have been paid during the period of public ownership.

Chapter 16.11

IMPROVEMENT PLANS AND AGREEMENTS
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Sections:

16.11.010 Purpose of chapter.

16.11.020 Improvement plans.

16.11.030 Installation of improvements.

16.11.040 Improvement agreements and security.

16.11.050 Soils reports.

16.11.010 Purpose of chapter.

This chapter establishes procedures and requirements for the review and approval of improvement plans, the installation of improvements, agreements and guarantees for their installation, and dedications.

16.11.020 Improvement plans.

After the approval of a tentative map, the subdivider shall diligently proceed to complete any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers, water facilities, utilities, site grading and the like. Before the construction of any improvements, the subdivider shall submit plans to the city as follows:

A. Preparation and Content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:

1. Any drawings, specifications, calculations, design reports and other information required by the city engineer;

2. Grading, drainage, erosion and sediment control;

3. The improvement plan checking fees required by the city fee resolution;

4. The final map of the subdivision.

B. Submittal of Plans. Improvement plans shall be submitted to the city engineer and other reviewing agencies for review and approval. Upon the approval of improvement plans in compliance with subsection (C) of this section, the subdivider shall also submit to the city engineer a detailed cost estimate of all improvements, based on guidelines provided by the city.

C. Review and Approval. Improvement plans shall be reviewed and approved by the city engineer, within the time limits provided by Map Act section 66456.2.

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D. Effect of Approval. The final approval of improvement plans shall be required before approval of a parcel or final map. The approval of improvement plans shall not bind the city to accept the improvements nor waive any defects in the improvements as installed.

16.11.030 Installation of improvements.

Subdivision improvements required as conditions of approval of a tentative map in compliance with this chapter (see SMC 16.11.020(B)) shall be installed as provided by this section.

A. Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with subsection (B) of this section, and before the approval of a parcel or final map in compliance with SMC 16.05.060, Parcel map approval, or SMC 16.05.100, Final map approval, except where:

1. Improvements are deferred in compliance with SMC 16.11.040, Improvement agreements and security; or

2. Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:
a. Only when a permit for development of an affected parcel is issued by the department; or
b. At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the city, as set forth in SMC 16.11.040, Improvement agreements and security; or
c. At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.

B. Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows:

1. Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the city. The designated Agenda Item #5.3:

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representative shall be present at the work site at all times while work is in progress.

At times when work is suspended, arrangements acceptable to the city engineer shall be made for any emergency work that may be required.

2. Inspection Procedures.
a. Inspections Required. The city engineer shall make any inspections as he/she deems necessary to ensure that all construction complies with the approved improvement plans. The developer shall pay the full cost of any contract inspection services determined to be necessary by the city engineer. The city shall invoice the developer for inspection services at appropriate times during the period of construction of the improvements.
b. Access to Site and Materials. The city engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans.
c. Authority for Approval. The work done and all materials furnished shall be subject to the inspection and approval of the city engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.
d. Improper Work or Materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the city engineer. In the event that the city engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this title.

3. Notification. The subdivider shall notify the city engineer upon the completion of each stage of construction as outlined in this chapter, and shall not proceed with further construction until authorized by the city engineer.

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16.11.040 Improvement agreements and security.

A subdivider may file a parcel or final map before completion of all the improvements required by this development code and conditions of approval of the tentative map, only when the subdivider first obtains council approval of a subdivision improvement agreement executed and submitted for council review by the subdivider, and provides the city performance security as required by this section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.

A. Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on a form provided by the city engineer and approved by the city attorney and shall include the following provisions:

1. Description of Improvements. A description of all improvements to be completed by the subdivider, with reference to the approved subdivision improvement plans.

2. Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the city engineer.

3. Completion by City. Provide that if the subdivider fails to complete all required improvements within the specified time, the city may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement.

4. Surety Requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in subsection (B) of this section. The amount of surety shall be based on an engineer’s cost estimate submitted by the subdivider as provided by SMC 16.11.030(B), Inspection of Improvements, and approved by the city engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer’s cost estimate.

5. Phased Construction. Provisions for the construction of improvements in units, at the option of the subdivider.

6. Time Extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of subsection (D) of this section.

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B. Security Required to Guarantee Improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the city attorney, as follows:

1. Type of Security. Subdivision improvement agreements shall be secured by all of the following:
a. A guarantee for “Faithful Performance,” in the amount of 100 percent of the engineer’s estimate;
b. A guarantee for “Materials and Labor,” in the amount of 100 percent of the engineer’s estimate;
c. A one-year guarantee and warranty for work in the amount of 10 percent of the engineer’s estimate.

2. Form of Security. The required surety shall consist of one or more of the following forms selected by the city engineer for the full amounts specified in subsection (B)(1) of this section.
a. A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public moneys;
b. A bond or bonds executed by one or more duly authorized corporate sureties; c. An instrument of credit from an agency of the state, federal, or local government when any said agency provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;
d. A lien upon the property to be divided, created by contract between the owner and the city, where the review authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; or
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e. Any form of security, including security interests in real property, which is acceptable to the city.

C. Time Extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted by the council only as follows:

1. Public Works Report. The city engineer notifies the council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

2. Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the city engineer, at an increased amount.

3. Council Action. The council approves the extension by at least a four-fifths vote. As a condition of granting a time extension, the council may impose whatever additional requirements the council deems reasonable to protect the public interest.

D. Acceptance of Improvements. Before acceptance for maintenance or final approval by the council of subdivision improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

16.11.050 Soils reports.

Soils reports shall be provided by the subdivider as required by this section.

A. Preliminary Soils Report. A preliminary soils report based upon adequate test borings and prepared by a registered civil engineer shall be required for every subdivision. The preliminary soils report shall be submitted with the improvement plans for review and approval by the city engineer and building official.

1. Form of Report. The preliminary soils report shall include a complete description of the site based on a field investigation of soils matters. The soils matters reviewed shall include stability, erosion, settlement, feasibility of construction of the proposed improvements, description of soils-related hazards and problems and proposed methods of eliminating or reducing these hazards and problems. The investigation and report shall include field investigation and laboratory tests with detailed information Agenda Item #5.3:

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and recommendations relative to all aspects of grading, filling and other earthwork, foundation design, pavement design and subsurface drainage.

The report shall also recommend any required corrective action for the purpose of preventing structural damages to the subdivision improvements and the structures to be constructed on the lots. The report shall also recommend any special precautions required for erosion control, and the prevention of sedimentation or damage to off-site property.

If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, or environmental impacts, a subsequent soils investigation of each parcel in the subdivision may be required and submitted to the city engineer before approval of a parcel or final map.

2. Preliminary Soils Report Waiver. The preliminary soils report may be waived if the city engineer and the building official determine that existing available information on the qualities of the soils of the subdivision makes no preliminary analysis necessary.

B. Final Soils Report. A final soils report prepared by a registered civil engineer shall be required.

1. The report shall contain sufficient information to ensure compliance with all recommendations of the preliminary soils report and the specifications for the project.

2. The report shall also contain information relative to soils conditions encountered which differed from that described in the preliminary soils reports, along with any corrections, additions or modifications not shown on the approved plans.

C. Geologic Investigation and Report. If the city engineer determines that conditions warrant, a geologic investigation and report may also be required.

Chapter 16.12

SURVEYS AND MONUMENTS
Sections:

16.12.010 Purpose of chapter.

16.12.020 Survey procedure and practice.

16.12.030 Monuments.

16.12.040 Survey information on final or parcel map.

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16.12.010 Purpose of chapter.

This chapter provides requirements for subdivision survey work, and the placement of subdivision monuments.

16.12.020 Survey procedure and practice.

The procedure and practice of all survey work done on any subdivision, whether for preparation of a final map or parcel map, shall conform to the standard practices and principles of land surveying, the California Land Surveyor’s Act, and the provisions of this chapter. All related documents shall be executed by a California-registered civil engineer or licensed land surveyor. Whenever the city engineer has established a system of coordinates and/or monuments which is within a reasonable distance of the subdivision boundary, as determined by the city engineer, the field survey shall be tied into the system.

16.12.030 Monuments.

In surveying a subdivision, the engineer or surveyor shall set sufficient permanent monuments so that any part of the survey may be readily retraced. Survey monuments shall be set by the engineer or surveyor for all new subdivisions requiring a parcel map or final map, unless waived by the city engineer, in compliance with this section.

A. Boundary Monuments.

1. Boundary monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, beginnings and ends of curves and at intermediate points approximately 1,000 feet apart. The locations of inaccessible points may be established by ties and shall be so noted on the final map or parcel map.

2. All exterior boundary monuments shall be set prior to recordation of the final map or parcel map or as certified on the final map.

B. Interior Monuments. Whenever interior monuments are required, the monuments shall be set at:

1. All block and lot corners and angle points;

2. The beginnings and ends of curves;

3. Points of intersection with centerlines of other existing and proposed streets and alleys; and
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4. The points of intersection with the exterior boundary lines.

C. Monument Type and Positioning. All monuments set in the course of the survey shall be as specified by the city engineer and shall be set to the depth and in the manner prescribed by the city engineer.

D. Identification Marks. All monuments shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor who signs the engineer’s or surveyor’s certificate and under whose supervision the survey is made.

E. Replacement of Destroyed Monuments. Any monument which is disturbed or destroyed before acceptance of all improvements by the city shall be replaced by the subdivider.

F. Timing of Monument Installation. The exterior boundary of the subdivision shall be completely monumented or referenced before the final map or parcel map is submitted to the city engineer for filing. Interior monuments need not be set at the time the final map or parcel map is filed if the engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and if the subdivider furnishes the city a bond, instrument of credit, or cash deposit in a sufficient amount to guarantee payment of the cost of setting the monuments in compliance with Map Act section 66496.

G. Notice of Completion. Within five days after all monuments have been set, the engineer or surveyor shall give written notice to the subdivider and the city engineer that the final monuments have been set. Verification of payment to the engineer or surveyor shall be filed as required by article 9, chapter 4 of the Map Act. The cost of setting monuments shall be included in the engineer’s estimate for improvements in compliance with SMC 16.11.040, Improvement agreements and security. If requested, this amount of the bond may be released upon verification of the setting of the monuments by the city engineer.

H. Inspection and Approval. All monuments shall be subject to the inspection and approval of the city engineer.

16.12.040 Survey information on final or parcel map.

The following survey information shall be shown on each final map or parcel map for which a field survey was made in compliance with this development code.

A. Stakes, monuments (together with their precise position) or other evidence found on the ground, to determine the boundaries of the subdivision; Agenda Item #5.3:

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B. Corners of all adjoining properties identified by lot and block numbers, subdivision names, numbers and pages of record, or by section, township and range, or other proper designation;
C. All information and data necessary to locate and retrace any point or line without unreasonable difficulty;
D. The location and description of any required monuments to be set after recordation of the final map, and the statement that they are “to be set”; E. Bearing and length of each lot line, block line and boundary line and each required bearing and distance;
F. Length, radius and angle of each curve and the bearing of each radial line to each lot corner on each curve;
G. The centerlines of any street or alley in or adjoining the subdivision which have been established by the city engineer, together with reference to a map showing the centerline and the monuments which determine its position. If determined by ties, that fact shall be so stated;
H. Any other survey data or information as may be required to be shown by the city engineer or by the provisions of this chapter.

Chapter 16.13

DEFINITIONS
Sections:

16.13.010 General.

16.13.020 Definitions of specialized terms and phrases.

16.13.010 General.

As used in this chapter, the following words or terms shall have the meaning set forth in this section. All definitions provided in the Subdivision Map Act and not set forth in this section shall also be applicable to this chapter and said definitions are hereby incorporated by this reference as though fully set forth herein.

16.13.020 Definitions of specialized terms and phrases.

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As used in this development code, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise.

A. Definitions, “A.”
"Advisory Agency" shall mean:

1. Subdivisions (five or more lots). The Sonoma Planning Commission shall constitute the "advisory agency" for tentative maps.

2. Land divisions (four or fewer lots). The Planning and Community Services director shall constitute the "advisory agency" for land divisions.
"Archaeologic Site" shall mean prehistoric cultural soil and/or artifacts. The term includes Indian middens.

B. Definitions, “B.” No specialized terms beginning with the letter “B” are used at this time.

C. Definitions, “C.”
"Certificate of Compliance" shall mean a document which identifies real property and states that the division thereof complies with applicable provisions of the Subdivision Map Act and local ordinances.
"City" shall mean the City of Sonoma, Sonoma County, California. "City Engineer" shall mean the city engineer of the City of Sonoma or his authorized representative.
"Community Apartment" shall mean a development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment located therein.

Community apartments shall be subject to the same restrictions and conditions set forth in this chapter for condominiums.
"Community Development Director" shall mean the director of the City of Sonoma, department of community development or his authorized representative. "Conditional Certificate of Compliance" shall mean a document which identifies real property, states that it does not comply with the applicable provisions of the Subdivision Agenda Item #5.3:

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71 278123.1
Map Act or local ordinances and describes those conditions which must be met for a certificate of compliance to be granted.
"Condominium" shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property. (As defined in Civil Code section 783.) Condominium as used herein, includes "community apartment" and "stock cooperative". "Condominium Conversion" shall mean the development or use of the land and existing structures as a condominium project regardless of the present or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structures.
"Condominium Project" shall mean the entire parcel of real property, including all structures hereon, to be divided into two or more units for the purpose of constructing or converting existing structures to condominium units.
"Critically Expansive Soils or Other Soils' Problems" shall mean soil conditions which can cause damage to improvements, including streets, structures and buildings.

D. Definitions, “D.”
"Department of Community Development" shall mean the department of city government comprised of engineering, building inspection, planning, and maintenance divisions.

E. Definitions, “E.”
"EIR" shall mean environmental impact report.
"Engineer" shall mean a civil engineer licensed by the State of California responsible for the preparation of maps and improvement plans hereinafter required for the purpose of subdividing land.

F. Definitions, “F.” No specialized terms beginning with the letter “F” are used at this time.

G. Definitions, “G.”
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72 278123.1
"General Plan" shall mean the general plan of the City of Sonoma and any amendment or revision thereto.

H. Definitions, “H.”
"Historic Landmark" shall mean a place including buildings or structures which has been officially listed as an historic landmark on the Federal or State registry of historic landmarks.

I. Definitions, “I.”
"Improvement Plan" shall mean an engineering plan, submitted by a civil engineer, showing location and construction details of all improvements required or intended for the subdivision.
"Improvements" shall mean street work, utilities, and other facilities including but not limited to: landscaping; pedestrian, equestrian and bike ways; retaining walls; steps; ramps; curbing; parking areas; etc., required to be installed or approved to be installed by the subdivider and used for public or private purposes.

J. Definitions, “J.” No specialized terms beginning with the letter “J” are used at this time.

K. Definitions, “K.” No specialized terms beginning with the letter “K” are used at this time.

L. Definitions, “L.”
"Land Division" shall mean the subdivision of property which results in four or fewer lots and includes lot line adjustments where no new lots are created. "Land Division Committee" - See subsection 9-3.002c.
"Licensed Land Surveyor" shall mean any person licensed under the State of California Business and Professions Code to do land surveying.
"Lot" shall mean a single unsubdivided area of land whose boundaries have been sanctioned through the applicable subdivision process such that it has been developed or is developable as a single independent site.
"Lot Line Adjustment" shall mean the alteration of property lines without the creation of new lot or parcel.

Agenda Item #5.3:

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73 278123.1
M. Definitions, “M.”
"Merger" - See definition of subdivision.

N. Definitions, “N.” No specialized terms beginning with the letter “N” are used at this time.

O. Definitions, “O.”
"Open Space" shall mean land used for the preservation of natural resources, the managed production of resources, outdoor recreation, or public health and safety as defined in section 65560 of the Government Code.
"Owner" shall mean a person with sufficient interest in the property proposed for subdivision or development through fee title, power of attorney, or trusteeship to commit the property for sale, lease, financing or use.

P. Definitions, “P.”
"Parcel" shall mean a specific area of land or space as in condominium, identified through the Sonoma County assessor's office as a separate unit for tax purposes. A parcel is not necessarily an independently developable lot or site.
"Parcel Map" shall mean a map prepared in accordance with the provisions of this title and the Subdivision Map Act for a land division which map is prepared for filing in office of the recorder of Sonoma County.
"Planning Commission" shall mean the City of Sonoma planning commission.

Q. Definitions, “Q.” No specialized terms beginning with the letter “Q” are used at this time.

R. Definitions, “R.”
"Record of Survey" shall mean a map, prepared by a registered civil engineer or licensed land surveyor, for recording by the recorder of Sonoma County, depicting a field survey of land in conformance with section 8763 and section 8764 of the State of California Land Surveyor's Act.
"Reversion to Acreage" shall mean the process whereby undesired and unnecessary property lines, easements, and other mapped or recorded elements are removed from Agenda Item #5.3:

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74 278123.1
property by recording of a map prepared in accordance with the provisions of this chapter for the purpose of reverting subdivided land to acreage.

S. Definitions, “S.”
"Safety Hazard" shall mean a condition or conditions affecting land or property which pose potential for physical damage to property or improvements and indirect potential for personal injury or loss of life which cannot be resolved consistent with the general plan or applicable specific plans.
"Soil Report" shall mean an investigation and analysis of the geology and soils of the proposed development. Such report shall be prepared by a registered civil engineer who specializes in soil engineering. The report shall contain recommendations for proposed grading, subsurface drainage, building foundation, retaining walls, street design and all corrective and preventive work necessary to minimize or eliminate hazards related to soils and geology.
"Stock Cooperative" shall mean a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. (As defined in Business and Professions Code, 1103.2.) "Subdivider" shall mean a person, firm, corporation, partnership or association proposing to divide, dividing, or causing to be divided real property in to a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.
"Subdivision" shall mean the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, gift, transfer, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes (or short-term leases which can be cancelled by the lessee or lessor with 30 days' notice). Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium Agenda Item #5.3:

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75 278123.1
project, as defined in section 1350 of the Civil Code, a stock cooperative as defined by section 11003.2 of the Business and Professions Code, or any community apartment project as defined in section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels. As used in this section "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock. "Subdivision Map Act" shall mean California State Law currently contained in Government Code section 66410 and following.

T. Definitions, “T.”
"Tentative Map" shall mean and refer to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based on an accurate or detailed final survey of the property.

U. Definitions, “U.” No specialized terms beginning with the letter “U” are used at this time.

V. Definitions, “V.” No specialized terms beginning with the letter “V” are used at this time.

W. Definitions, “W.” No specialized terms beginning with the letter “W” are used at this time.

X. Definitions, “X.” No specialized terms beginning with the letter “X” are used at this time.

Y. Definitions, “Y.” No specialized terms beginning with the letter “Y” are used at this time.

Z. Definitions, “Z.” No specialized terms beginning with the letter “Z” are used at this time.

SECTION 2. Findings for Development Code Amendments.

Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance:

A. Are consistent with the goals, policies, and actions of the General Plan because the amendments the amendments promote and preserve the use of property for housing; B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above; Agenda Item #5.3:

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76 278123.1
C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 3 below; and
D. Are internally consistent with other applicable provisions of this development code because the amendments allow for an orderly hearing and appeal process for development permits and other entitlements and provide additional detail to the development code’s definitions.

SECTION 3. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. Each future land use proposal will be independently reviewed for adherence to specific criteria and the requirements of CEQA. The proposed ordinances are therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 4. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 6. Publication.

This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

SECTION 7. This Ordinance Prevails Where There is Conflict.

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77 278123.1
To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

APPROVED:
__________________________
Jack Ding, Mayor
ATTEST: _________________________
Rebekah Barr, City Clerk
* * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the June 1, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Approved as to form:
________________________
Jeffrey A. Walter, City Attorney
Agenda Item #5.3:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - Jun 01 2022
Department
Administration
Staff Contact
David J. Ruderman, Assistant City Attorney,
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Consideration, Discussion, and Possible Action to Introduce an Ordinance Repealing Sonoma Municipal Code Chapter 2.02, Campaign Contribution Limitations, and Adding Sonoma Municipal Code Chapter 2.02, Campaign Finance Regulations and Raising the Contribution Limits to Either Five Hundred or Eight Hundred Dollars
Summary
On April 20, 2022, the City Council considered its campaign contribution limits and whether to raise them or repeal Chapter 2.02 in its entirety and revert to the State's limit. After much discussion, it was the consensus of the Council to maintain local contribution limits, but raise them to either $500 or $800 dollars.

Other changes included removing the distinction between monetary and non-monetary contributions, removing the voluntary expenditure limit, and expanding regulations to address campaign finance in general and enforcement in particular.

The consideration of this item at the June 1st meeting will be the introduction of this ordinance.

Staff has provided two identical ordinances, with only the different campaign contribution limits.

Staff has modeled the draft ordinance on examples from other Sonoma County cities.

SUMMARY FROM PREVIOUS CONSIDERATION:

In response to previous Council members’ worries that campaign spending had begun to get out of control and that local citizens would not be able to afford to run for City Council, in 2002 the City enacted its Campaign Contribution Ordinance (codified as Chapter 2.02 of the Municipal Code). This ordinance limits monetary and non-monetary contributions to City Council candidates. These limits are still in place. No person or committee can make a monetary contribution more than $100 or a non-monetary contribution more than $400 to a single candidate.

The ordinance also includes an option for the candidate to voluntarily accept an expenditure ceiling of $10,000. If the candidate does so, s/he can receive contributions of $200 or $800 worth of non-monetary contributions per donor. Other sections of the ordinance refer to the limits applying to individuals rather than spouses’ community property and requires special reporting requirements for contributions made within the 10 days prior to the election.

In 2019, the Legislature enacted Assembly Bill 571 (“AB 571”), which amended the Elections Code and Government Code section 85301 to establish campaign contribution limits for elective city offices in a city in which the local government has not established a campaign contribution limit. To combat corruption — or the appearance of corruption — at all levels of government, AB 571 created identical campaign contribution limits for county or city offices as those imposed on candidates for the state Senate and Assembly. Effective January 1, 2021, for cities without local campaign contribution limitations, the State Agenda Item #6.1:

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campaign contribution limit for candidates for city elective offices was $4,900 per election, subject to certain exceptions, and is subject to adjustment every two years by the Fair Political Practices Commission (FPPC) based on changes in the consumer price index.

Because Sonoma’s City Council enacted Chapter 2.02 of the City’s Municipal Code in 2002, at the present time, AB 571 does not apply to the City of Sonoma.

The FPPC has expanded administration and enforcement authority. Violations of default contribution limits within the FPPC’s purview are now punishable as a misdemeanor.

The following cities in Sonoma County and Marin County have imposed local contribution limits (two imposing no limits):

On April 20, 2022, the City Council considered its campaign contribution limits and whether to raise them or repeal Chapter 2.02 in its entirety and revert to the State's limit. After much discussion, it was the consensus of the Council to maintain local contribution limits, but raise them to either $500 or $800 dollars.

SUMMARY OF PROPOSED ORDINANCE:

The proposed Campaign Finance Regulations Ordinance (“Ordinance) would amend Chapter

2.02 of the Sonoma Municipal Code to increase local campaign contribution limitations to one of the two alternative amounts:
• $500 for City Council Candidates; or
• $800 for City Council Candidates.

Under the Ordinance, Council candidates and committees would be prohibited from accepting any contribution if it would cause the total contribution from that donor to exceed $500/$800 during any City election cycle. The chosen contribution limit will adjust with inflation. Pursuant to Council direction at the April 20, 2022 meeting, the Ordinance will not apply to “in-kind” contributions, that is, goods or services received by a candidate or committee at no charge or at Agenda Item #6.1:

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a discount from the fair market value. The Ordinance defines an election cycle in which the contribution limit will apply. The Ordinance does not apply a contribution limit to recall elections for City Council, which is consistent with the default State rules under AB 571.

Contribution limitations in the Ordinance would include the provision or forgiveness of loans for candidates, consistent with state law. A contribution would not be considered accepted by a candidate if it is returned to the donor within 14 days of receipt. The Ordinance further governs contributions for the purpose of retiring outstanding debt and corresponding reporting requirements.

The Ordinance also expressly provides that, if the Ordinance does not cover a particular campaign regulation issue, then the general rules under the Political Reform Act apply. The Ordinance removes the voluntary expenditure limit.

Additionally, because the FPPC will not enforce a City’s campaign contribution limit, the Ordinance will impose administrative civil penalties for violations of its provisions. No criminal enforcement is authorized. Any person who violates the Ordinance’s contribution limits would be subject to a fine equal to three times the amount by which the contribution exceeds the applicable contribution limit, or the sum of $500, whichever is greater, for each violation. All other violations would be subject to a $500 fine. The Ordinance provides for an opportunity to cure any unknowing violation by returning the contribution to the donor or to the City General Fund within 14 days of becoming aware of the contribution. The Ordinance also provides for recovery of attorneys’ fees and costs for civil enforcement.

Recommended Council Action
Discuss and decide upon the contribution limit amount - $500 or $800, and introduce the corresponding ordinance.

Alternative Actions
Council discretion.

Financial Impact
There are no financial impacts from either action, though the City may incur costs to enforce the Ordinance in the future.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Ordinance Amending Campaign Finance Regulations - 500
Ordinance Amending Campaign Finance Regulations - 800
Alignment with Council Goals:

Agenda Item #6.1:

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Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #6.1:

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1 City of Sonoma
ORDINANCE #____-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
AMENDING CHAPTER 2.02 OF TITLE 2 OF THE CITY OF SONOMA

MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION AND

FINANCING REGULATIONS
WHEREAS, in 2002, the City Council adopted campaign contribution limitations upon finding it was in the public interest to place realistic and enforceable limits on the amounts which may be contributed to political campaigns in municipal elections; and WHEREAS, beginning January 1, 2021, cities unlike Sonoma that do not impose local limitations on campaign contributions are governed by a default contribution limit set at the same amount as it is for state elected officials, as adjusted by the Fair Political Practices Commission (“FPPC”) under Government Code sections 85301 and 83124, which is currently Four Thousand Nine Hundred Dollars ($4,900.00) per election; and WHEREAS, Government Code section 85702.5 provides a city may continue to impose local limitations on campaign contributions to candidates for elective city offices that are different from the limits established by Government Code sections 85301 and 83124; and
WHEREAS, the City Council desires to amend the Municipal Code to update the limitations on the amount of campaign contributions City Council candidates may receive during municipal elections and again finds it is in the public interest to provide realistic and enforceable regulations on political campaigns in municipal elections while ensuring democratic accountability.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SONOMA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Repeal of Chapter 2.02
Chapter 2.02, “Campaign Contribution Limitations” of Title 2 of the City of Sonoma Municipal Code is hereby repealed in its entirety.

SECTION 2. Addition of Chapter 2.02
Chapter 2.02, “Campaign Finance Regulations,” is hereby added to Title 2 “Administration and Personnel” of the City of Sonoma Municipal Code, to read as follows:

Chapter 2.02

CAMPAIGN FINANCE REGULATIONS
Sections:

Agenda Item #6.1:

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2 2.02.010 Findings and Purpose

2.02.020 Definitions

2.02.030 Contribution Limitations – Council Candidates

2.02.040 Election Cycles

2.02.050 Aggregation of Contributions

2.02.060 Loans to Candidates and Controlled Committees

2.02.070 Outstanding Debt Retirement Reporting

2.02.080 Multiple Campaign Committees

2.02.090 Enforcement

2.02.010 Findings and Purpose.

Under the authority granted to the city council by Government Code section 85702.5, the city council hereby finds that it is in the public interest to place realistic and enforceable limits on the amounts which may be contributed to political campaigns in municipal elections while ensuring democratic accountability.

To the extent not specifically provided in this Chapter, the Political Reform Act of 1974 shall govern campaign regulations in municipal elections, as that Act may be amended from time to time.

2.02.020 Definitions.

A. “Candidate” means any individual who is a candidate for a Councilmember office in a city election.

B. “Indebted Former Candidate” means any individual who was a candidate at any city election and who has campaign debt remaining from such election after expiration of the election cycle for the office of which they were a candidate.

C. “Election cycle” means the applicable period as set forth in Section 2.02.040 of this Chapter.

D. “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert.

E. “City election” means any general election or special election, but not a recall election.

F. Unless expressly defined in this Chapter, or the contrary is stated or clearly appears from the context, words, and phrases in this Chapter shall have the same definition and meaning as when they are used in the Political Reform Act of 1974, as that Act may be amended from time to time.

Agenda Item #6.1:

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The provisions of this Section shall not apply to contributions by a candidate of their own funds to their own controlled committee. Contributions by the spouse of a candidate from such spouse’s separate property shall be subject to the contribution limits. The provision of this Section shall not apply to any “in-kind” contributions.

B. No controlled committee of a candidate, or a committee formed primarily to support or oppose a candidate being voted upon in the general election, shall solicit or accept any contributions that will cause the total contributions to that committee from any person to exceed Five Hundred Dollars ($500.00) during any city election. The receipt of any contribution which would cause the total amount of contributions to such a committee from a single person to exceed Five Hundred Dollars ($500.00) shall prompt the return of any such excess to the donor. The provision of this Section shall not apply to any “in-kind” contributions.

C. No person shall make, and no Councilmember or Indebted Former Candidate or Treasurer of any controlled committee of any Councilmember or Indebted Former Candidate shall solicit or accept, any contributions for the purpose of retiring outstanding debt from a prior city election which would cause the total amount contributed by such person to such Councilmember or Indebted Former Candidate or to their controlled committee to exceed Five Hundred Dollars ($500.00) for the election in which the outstanding debt was incurred, regardless of when the contribution(s) is made or received.

D. A contribution shall not be considered received or accepted if it is not negotiated, deposited, or utilized and, in addition, is returned to the contributing person within fourteen (14) days of receipt.

E. The city clerk shall adjust the contribution limitations in Subsections (A) through (C) of this Section in January of every odd-numbered year to reflect any increase or decrease in the Consumer Price Index. Those adjustments shall be rounded to the nearest ten dollars ($10).

2.02.040 Election Cycles.

A. General Elections. For purposes of any General Election for city council, the term “election cycle” as used in this Chapter shall mean the period commencing on January 1st of the year following a year in which a city council election is held and ending on December 31st of the year in which the next succeeding election is held for that office.

B. Special Elections. For purposes of any Special Election for city council, the term “election cycle” as used in this Chapter shall mean the period commencing on the date Agenda Item #6.1:

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4 a Special Election is called by the city council and ending on the thirtieth (30th) day following said Special Election.

C. Recall Elections. This Chapter shall not apply to any recall election for city council.

D. Campaign Debt. Nothing in this Chapter shall prohibit Indebted Former Candidates and/or their controlled campaign committee from soliciting and receiving funds to pay off their campaign debt in accordance with the provisions of this Chapter after the end of the election cycles defined above.

2.02.050 Aggregation of Contributions.

The contributions of any person whose contributions are directed and controlled by another person shall be aggregated with those of the controlling person for purposes of the contribution limits. Contributions by a married person shall be treated as the separate contributions of such person and shall not be aggregated with any contributions of the spouse of such person. Contributions by children under the age of Fiveeen (18) years shall be treated as contributions by their parent(s) or legal guardian(s); one-half (1/2) of such contribution shall be attributed to each parent or guardian unless only one (1) parent or legal guardian has sole custody of such child in which case any such contributions shall be attributed solely to the custodial parent or guardian.

2.02.060 Loans to Candidates and Controlled Committees.

A. A loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject to the contribution limitations of this Chapter.

B. The proceeds of a loan made to a candidate by a commercial lending institution in the regular course of business on the same terms available to members of the public shall not be subject to the contribution limitations of this Chapter if the loan is made directly to the candidate. The guarantors of such a loan shall remain subject to the contribution limits of this Chapter.

C. Extensions of credit (other than loans pursuant to Subsection (B) of this Section) for a period of more than thirty (30) days are subject to the contribution limitations of this Chapter.

1. An “extension of credit” means the provision of goods or services for which payment in full is not received. An extension of credit is deemed to begin by the earlier of two (2) dates:
a. Fifteen (15) days after the date specified on the invoice for payment; or b. Forty-Five (45) days from the date the goods or services were delivered.

Agenda Item #6.1:

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5 2. “Payment in full” means payment of not less than fair market value for the goods or services provided.

3. If all of the following criteria are satisfied by a provider or vendor of goods or services, it shall be a complete defense for the provider or vendor of the goods or services in any enforcement action initiated by the city:
a. The credit arrangement was recorded in a written instrument; b. It is a primary business of the provider or vendor of goods or services to provide similar goods or services;
c. The provider or vendor of goods or services provided the goods or services in the ordinary course of business and on the same terms and conditions offered to customers generally;
d. The provider or vendor of goods or services did not have actual knowledge that the candidate or committee would not be able to pay within the time limit specified;
e. The provider or vendor of goods or services made reasonable efforts to collect the full amount of the payment owed within one hundred twenty (120) days of the date specified;
f. The provider or vendor of goods or services entered into the agreement with the intent that the candidate or committee would be required to pay within the time limit specified; and
g. The provider or vendor of goods or services did not extend any additional credit to the candidate or their controlled committee when the candidate or their controlled committee already had an extension of credit for more than thirty (30) days outstanding with the same provider or vendor of goods or services.

D. This Section shall apply only to loans and extensions of credit used or intended for use for campaign purposes or which are otherwise connected with the holding of public office.

2.02.070 Outstanding Debt Retirement and Reporting.

A. Any Councilmember, or Indebted Former Candidate, or any controlled committee of any such officer or candidate, accepting any contribution(s) for the purpose of retiring outstanding debt from a prior city election are required by state law to report such contributions on Schedule A of Fair Political Practices Commission Form 460, or any successor form thereto, and shall, at the time required for the reporting of such contributions on Schedule A and in addition to any other reporting requirements under state law, clearly designate on said Schedule A (i) which contributions were received for Agenda Item #6.1:

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6 the purpose of retiring outstanding debt and (ii) for which prior city election such contributions were received.

B. Any contribution accepted for the purpose of retiring outstanding debt from a prior city election shall be applied to reduce or retire said outstanding debt in the same reporting period in which such contribution was accepted. The application of any contribution to retire outstanding debt from a prior city election (i.e., repayment of outstanding loans and payment of accrued expenses) shall be itemized and identified on the appropriate schedules and on the summary page of Form 460, or any successor form thereto, provided by the Fair Political Practices Commission.

C. If a Councilmember, or Indebted Former Candidate, or a controlled committee of any such officer or candidate, receives contributions for the purpose of retiring outstanding debt from a prior city election and the amount of the contributions exceeds the amount of the debt, the excess funds may be used for any other campaign or officeholder expense and shall not be subject to the aggregation requirements set forth in this Chapter in the election cycle in which the excess funds are expended.

2.02.080 Multiple Campaign Committees.

A. A candidate shall have no more than one (1) controlled committee, and such controlled committee shall have only one (1) bank account out of which all qualified campaign and officeholder expenses related to that office shall be made.

B. This Section does not prevent a candidate from establishing another controlled committee solely for the purpose of running for a state, federal, county, or other elective office or for opposing his or her recall.

2.02.090 Enforcement.

A. No Criminal Penalties. Notwithstanding any other provision of the city of Sonoma Municipal Code, any violation of any provision of this Chapter shall be enforceable solely as provided in this Section.

B. Civil Liability. Any person who fails to comply with any provision or requirement of this Chapter shall be strictly liable to the city of Sonoma in a sum not to exceed the following amount for each such violation:

1. For the making or accepting of any contribution in excess of the applicable contribution limits specified in this Chapter, a sum equal to three (3) times the amount by which the contribution exceeds the applicable contribution limit, or the sum of Five Hundred Dollars ($500.00), whichever is greater, for each violation.

2. For any other violation of this Chapter, the sum of Five Hundred Dollars ($500.00) for each violation.

C. Right to Cure Unknowing Violation. In the event a candidate accepts a contribution and then becomes aware it is in violation of the contribution limit, that Agenda Item #6.1:

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7 violation by the candidate may be excused if the candidate returns the contribution or contributes it to the city general fund within fourteen (14) days of becoming aware of the violation.

D. Debt Owing to City. Any amount due from any person pursuant to this Section shall be a debt due and owing upon demand to the general fund of the city of Sonoma.

E. In addition to the sums provided for above, any person who is found liable for a violation of this Chapter shall also be liable for the reasonable attorneys’ fees and costs incurred by the plaintiff in any civil proceeding brought to enforce the provisions hereof.

SECTION 3. Severability.

SECTION 4. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 5. Publication.

This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).

APPROVED:

Jack Ding, Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.1:

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8 * * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the ______, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.1:

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1 City of Sonoma
ORDINANCE #____-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
AMENDING CHAPTER 2.02 OF TITLE 2 OF THE CITY OF SONOMA

MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION AND

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SONOMA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Repeal of Chapter 2.02
Chapter 2.02, “Campaign Contribution Limitations” of Title 2 of the City of Sonoma Municipal Code is hereby repealed in its entirety.

Chapter 2.02

CAMPAIGN FINANCE REGULATIONS
Sections:

Agenda Item #6.1:

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2 2.02.010 Findings and Purpose

2.02.020 Definitions

2.02.030 Contribution Limitations – Council Candidates

2.02.040 Election Cycles

2.02.050 Aggregation of Contributions

2.02.060 Loans to Candidates and Controlled Committees

2.02.070 Outstanding Debt Retirement Reporting

2.02.080 Multiple Campaign Committees

2.02.090 Enforcement

2.02.010 Findings and Purpose.

To the extent not specifically provided in this Chapter, the Political Reform Act of 1974 shall govern campaign regulations in municipal elections, as that Act may be amended from time to time.

2.02.020 Definitions.

A. “Candidate” means any individual who is a candidate for a Councilmember office in a city election.

C. “Election cycle” means the applicable period as set forth in Section 2.02.040 of this Chapter.

E. “City election” means any general election or special election, but not a recall election.

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3 2.02.030 Contribution Limitations
A. No candidate shall solicit or accept any contribution that will cause the total contributions to that candidate from any person to exceed Eight Hundred Dollars ($800.00) during any city election cycle. The receipt of any contribution which would cause the total amount of contributions to a candidate from a single person to exceed Eight Hundred Dollars ($800.00) shall prompt the return of any such excess to the donor. The provisions of this Section shall not apply to contributions by a candidate of their own funds to their own controlled committee. Contributions by the spouse of a candidate from such spouse’s separate property shall be subject to the contribution limits. The provision of this Section shall not apply to any “in-kind” contributions.

B. No controlled committee of a candidate, or a committee formed primarily to support or oppose a candidate being voted upon in the general election, shall solicit or accept any contributions that will cause the total contributions to that committee from any person to exceed Eight Hundred Dollars ($800.00) during any city election. The receipt of any contribution which would cause the total amount of contributions to such a committee from a single person to exceed Eight Hundred Dollars ($800.00) shall prompt the return of any such excess to the donor. The provision of this Section shall not apply to any “in-kind” contributions.

C. No person shall make, and no Councilmember or Indebted Former Candidate or Treasurer of any controlled committee of any Councilmember or Indebted Former Candidate shall solicit or accept, any contributions for the purpose of retiring outstanding debt from a prior city election which would cause the total amount contributed by such person to such Councilmember or Indebted Former Candidate or to their controlled committee to exceed Eight Hundred Dollars ($800.00) for the election in which the outstanding debt was incurred, regardless of when the contribution(s) is made or received.

2.02.040 Election Cycles.

B. Special Elections. For purposes of any Special Election for city council, the term “election cycle” as used in this Chapter shall mean the period commencing on the date Agenda Item #6.1:

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4 a Special Election is called by the city council and ending on the thirtieth (30th) day following said Special Election.

C. Recall Elections. This Chapter shall not apply to any recall election for city council.

2.02.050 Aggregation of Contributions.

The contributions of any person whose contributions are directed and controlled by another person shall be aggregated with those of the controlling person for purposes of the contribution limits. Contributions by a married person shall be treated as the separate contributions of such person and shall not be aggregated with any contributions of the spouse of such person. Contributions by children under the age of eighteen (18) years shall be treated as contributions by their parent(s) or legal guardian(s); one-half (1/2) of such contribution shall be attributed to each parent or guardian unless only one (1) parent or legal guardian has sole custody of such child in which case any such contributions shall be attributed solely to the custodial parent or guardian.

2.02.060 Loans to Candidates and Controlled Committees.

A. A loan shall be considered a contribution from the maker and the guarantor of the loan and shall be subject to the contribution limitations of this Chapter.

C. Extensions of credit (other than loans pursuant to Subsection (B) of this Section) for a period of more than thirty (30) days are subject to the contribution limitations of this Chapter.

1. An “extension of credit” means the provision of goods or services for which payment in full is not received. An extension of credit is deemed to begin by the earlier of two (2) dates:
a. Fifteen (15) days after the date specified on the invoice for payment; or b. Forty-Eight (45) days from the date the goods or services were delivered.

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5 2. “Payment in full” means payment of not less than fair market value for the goods or services provided.

D. This Section shall apply only to loans and extensions of credit used or intended for use for campaign purposes or which are otherwise connected with the holding of public office.

2.02.070 Outstanding Debt Retirement and Reporting.

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6 the purpose of retiring outstanding debt and (ii) for which prior city election such contributions were received.

2.02.080 Multiple Campaign Committees.

2.02.090 Enforcement.

1. For the making or accepting of any contribution in excess of the applicable contribution limits specified in this Chapter, a sum equal to three (3) times the amount by which the contribution exceeds the applicable contribution limit, or the sum of Eight Hundred Dollars ($800.00), whichever is greater, for each violation.

2. For any other violation of this Chapter, the sum of Eight Hundred Dollars ($800.00) for each violation.

C. Right to Cure Unknowing Violation. In the event a candidate accepts a contribution and then becomes aware it is in violation of the contribution limit, that Agenda Item #6.1:

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7 violation by the candidate may be excused if the candidate returns the contribution or contributes it to the city general fund within fourteen (14) days of becoming aware of the violation.

D. Debt Owing to City. Any amount due from any person pursuant to this Section shall be a debt due and owing upon demand to the general fund of the city of Sonoma.

SECTION 3. Severability.

SECTION 4. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 5. Publication.

This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).

APPROVED:

Jack Ding, Mayor
ATTEST:
_________________________
Rebekah Barr, MMC, City Clerk
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8 * * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the ______, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.1:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Jun 2022
Department
Administration
Staff Contact
David J. Ruderman, Assistant City Attorney
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Consideration, Discussion, and Possible Action Regarding a Vacant Parcel Tax in the City of Sonoma
Summary
The City of Sonoma (“City”) is considering placing a potential Vacant Parcel Tax (VPT) measure before Sonoma voters in order to address blight and housing inequity, encourage the development of unused and vacant properties, and generate revenue.

A VPT is a type of excise tax levied on the voluntary decision to hold real property vacant or undeveloped. General law cities have the authority to levy excise taxes under Government Code section 37100.5, which provides the same taxing authority that charter cities have, subject to voter approval requirements.

VPTs may not be based on real property’s assessed value, lest they violate Proposition 13’s limits on ad valorem property taxes. Instead, parcel taxes are typically set at a flat per-parcel or per-use rate that is roughly proportional to the tax’s purpose. Proposition 218 likely requires a VPT be adopted as a special tax, though general taxes levied based on city services have survived legal challenge. No California court has yet ruled on the validity of a VPT.

VPTs are uncommon, but were recently adopted in Vancouver, Canada and Washington, DC.

Since then, they have garnered interest in California as a method for reducing blighted commercial areas and funding affordable housing.

In 2018, Oakland voters approved a tax on residential and commercial property in use less than 50 days per year, with funds going towards homelessness relief and affordable housing.

The tax exempts properties under active construction, for which a building permit is being processed, or where the property is uninhabitable due to natural disaster or other preventative reasons outside of the owner’s control.

In 2020, San Francisco voters approved a tax on commercial spaces in use for less than 182 days per year, dedicating funds to support small business. Income tax exempt organizations are also exempt from the vacancy tax.

Also in 2020, Vallejo amended its municipal code to require all property owners of vacant (not occupied or used for more than 30 consecutive days) and foreclosed real property to register with the city and pay certain property monitoring fees. Vallejo’s fees are not a VPT and were not voter approved. Vallejo imposes many obligations on property owners to maintain vacant property and provides the city may abate violations as a public nuisance.

Voter and city-sponsored measures are currently being contemplated in other cities such as Richmond, Santa Cruz, San Francisco, and Los Angeles. The initiative proposal in Santa Agenda Item #6.2:

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Cruz would exempt properties sold within the calendar year, those registered as short-term rentals, and where the owner was placed in a long-term care facility. The City of Los Angeles has scheduled a proposed vacancy tax to be placed on the November 2022 ballot (delayed from 2020) that is modeled after Oakland’s tax.

Policy questions include but are not limited to:
• How would the city identify “vacant” properties? The City or a contracted consultant may identify parcels by considering various vacancy indicators, such as parcel use data from the County Assessor’s Office, inconsistent property and mailing addresses, City permit records, City code enforcement records and low or no utility use. The City may also require property owners submit an annual declaration on vacancy status.
• What administrative framework and remedies governs? Property owners should be afforded an administrative remedy to challenge a determination that their property is vacant and subject to taxation.
• Should the tax apply to residential or commercial properties or to both? • How long must a parcel be vacant for the tax to apply? • What should the tax rate be? Should their be a single flat-rate tax, or should the tax increase based on the property’s square footage (as in Richmond)? For a commercial tax, should the tax be based on the linear square footage (as in San Francisco)? • What exemptions should apply? A vacancy tax must contain exemptions roughly proportional to the tax’s purpose. Exemptions may include very low-income owners, low-income senior owners, owners facing financial and/or demonstrable hardship, or parcels in active development or construction.
• How much revenue would a vacancy tax generate and would that amount justify the administrative cost of imposing it?
• Should the tax include a sunset provision?
• How should the tax be implemented? Should the tax be instated gradually to allow time for property owners and City staff to prepare?
• If adopted as a special tax, what purposes should revenues fund? Taxes on residential property often earmark funds for affordable housing and homelessness services, while taxes on commercial property often target blight.

The council may place a VPT on the ballot by resolution, adopted by two-thirds of the council, and subject to the vote of the people. A special tax requires the approval of two-thirds of the electorate, while a general tax requires approval of a simple majority. The specific purposes to be funded by the special tax must be identified in the balloting material provided to voters.

The tax must be placed on the ballot no later than 88 days before the election on November 8, 2022. This means the resolution must be submitted no later than 12:00 p.m. on Friday, August 12, 2022.

Recommended Council Action
If the Council is interested in the potential benefits and drawbacks for a VPT in the City, staff recommends the City hire a consultant to conduct a feasibility analysis and draft recommendations. Upon completion, they could provide a technical memo including:
• A general outline of the political and administrative process • General recommendations on substance and structure of supporting tax ordinance • Description of community engagement and outreach
• Projected potential revenue
• The projected impact on blight, abatement, and code compliance Agenda Item #6.2:

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• Description of post-election implementation and administration • Overall feasibility, recommendations, and next steps.

This is the procedure that the City of Richmond is undergoing in formulating its VPT.

Alternative Actions

1. Do nothing

2. Time permitting, adopt a resolution placing a vacant parcel tax ordinance on the ballot before August 12, 2022 for the consolidated general election on November 8, 2022 subject to two-thirds voter approval
Financial Impact
There is a cost of $13,333 to $22,221 to place this Measure on the 2022 ballot. If passed successfully, the amount of revenue generated is unknown absent additional research. Funds provided by the tax may be used to recover the costs associated with the preparation of the resolution and tax ordinance and related documents required to obtain voter approval.

Revenues from the tax are generally anticipated to drop over time as vacant lots are developed and vacant properties are put in-use.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #6.2:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 01 Jun 2022
Department
Administration
Staff Contact
Sue Casey, Assistant City Manager
Lisa Janson, Senior Management Analyst
Agenda Item Title
Discussion, Consideration and Possible Action to 1) Adopt a Resolution Approving the Continuance of the Sonoma Al Fresco Program and Directing Staff to Develop Comprehensive Parklet Design Guidelines; or 2) End the Sonoma Al Fresco Program on October 31, 2022 and with Removal of All Parklets by November 18, 2022 Summary
The purpose of this agenda item is to provide clear direction to our business community on the future of the City of Sonoma's Al Fresco Program.

BACKGROUND
On May 18, 2020, the City Council adopted Resolution 26-2020 which authorized City staff, working with the Chamber of Commerce, the Visitors Bureau, and others to take a series of steps to help businesses survive during the COVID-19 Pandemic.

These steps included:
• The issuance of temporary use permits, encroachment permits, and/or licensing procedures to allow the city’s businesses to expand their operating space into publicly owned spaces.
• Additional drop-off and delivery parking spaces, along with a clear licensing program for the use of parking spaces for business expansion and to reduce private parking requirements on a temporary basis.
• The above two items later became “Al Fresco Sonoma” – a way to use outdoor public spaces as "parklets" for dining and other activities during the extended times when retailers’ and restauranteurs’ indoor spaces were closed or restricted; and • Fee waivers where appropriate.
• Expedited review of these ideas and others via a Business Recovery Ad Hoc Council Committee
On April 19, 2021, the Council discussed the extension of the Al Fresco Sonoma program and its policy implications. The April 19th staff report provided a very comprehensive assessment of the City’s efforts and economic support to business during the pandemic including the Al Fresco Sonoma program. The April 2021 report indicates that approximately 25 businesses received encroachment permit fees for parklets and/or sidewalk extensions. Currently, there are eleven (11) parklets in and around the downtown area.

The Sonoma parklets were originally set to expire October 13, 2021, but later the expiration date became November 1, 2021, with the understanding that it was possible to extend the expiration date further.

Agenda Item #6.3:

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Sonoma City CouncilJune 1, 2022

Sonoma City Council
June 1, 2022