Sec. 25-1. - Purposes of chapter.

This chapter may be cited as the subdivision code of Sonoma County. This chapter is adopted for the purpose of regulating the division of land in the unincorporated area of the county pursuant to Article XI, Section 7 of the California Constitution and the Subdivision Map Act and to eliminate:

(a)

The creation of parcels of inadequate size and poor design;

(b)

The creation of building sites in areas where topography, flooding or other factors will prevent orderly and beneficial land development;

(c)

The creation of roads of improper width, alignment, grade and improvements;

(d)

Hazards to life or property from sewage effluent or inadequate drainage;

(e)

The lowering of property values and the loss of opportunity for satisfactory overall development of neighborhoods caused by successive, uncontrolled and haphazard land divisions;

(f)

Potential environmental damage whenever feasible and appropriate.

(Ord. No. 1875 § 1.)

Sec. 25-2. - Definitions.

The following words shall have the meanings respectively ascribed to them, unless the context requires otherwise:

"Advisory agency" means one of the following:

(1)

For subdivisions for which five (5) or more parcels are proposed to be created, the planning commission;

(2)

For all subdivisions other than those for which the planning commission is the advisory agency, the project review and advisory committee.

"Arboreal value" means mathematical evaluation of the arboreal component of a site for the purposes of establishing a plan for tree preservation.

"Certified arborist" means any person who has current certificate from the International Society of Arboriculture.

"Damage to a protected tree" means significant injury to the root system or other parts of a tree including burning, application of toxic substances, damaging through contact with equipment or machinery or compacting the soil within the drip line, changing the natural grade, interfering with the normal water requirements of the tree, trenching or excavating within the drip line, or removing more than one-third of the live wood.

"d.b.h. (diameter at breast height)" means trunk diameter measured at four and one-half feet above the ground. For trees which are multi-stemmed at this height, measurement includes the circumference of two (2) or more trunks which if combined are equal to or greater than the minimum size stipulated.

"Design" means:

(1)

Street alignments, grades and widths;

(2)

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(3)

Location and size of all required easements and rights-of-way;

(4)

Fire roads and firebreaks;

(5)

Lot size and configuration;

(6)

Traffic access;

(7)

Grading;

(8)

Land to be dedicated for park or recreational purposes;

(9)

Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan.

"Development area" is defined as that area necessary to accommodate the primary building (or dwelling), parking and vehicular areas, activity area immediately around the dwelling, and in some instances, the area necessary for the septic tank.

"Development permit" means discretionary permit or approval including, but not limited to; subdivisions, use permits, precise development plans, lot line adjustments, variances, design review and zoning permits. Ministerial building permits not accompanied by any other type of discretionary review or approval are exempt from this definition.

"Drip line" means the area identified by extending a vertical line from the outermost portion of the limb canopy to the ground with its axis parallel to the trunk.

"Improvement" refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.

"Improvement" also refers to such other specific improvements or types of improvements, the installation of which, either by subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure the conformity to or implementation of the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of this title, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of this title.

"Lot line adjustment" is defined as a minor realignment of boundary lines between two (2) or more existing legal parcels, where the land taken from one (1) parcel is added to an adjacent parcel.

"Lower level decision maker" means the planning director, the project review and advisory committee, or the planning commission, as appropriate.

"Protected perimeter" means the tree dripline.

"Protected tree" means Big Leaf Maple Acer macrophyllum, Black Oak Quercus Kelloggii, Blue Oak Quercus Douglassi, Coast Live Oak Quercus agrifolia, Interior Live Oak Quercus Wislizenii, Madrone Arbutus Menziesii, Oracle Oak Quercus morehus, Oregon Oak Quercus Garryana, Redwood Sequoia sempervirens, Valley Oak Quercus lobata, California Bay Umbellularia California, and their hybrids.

"Protected tree of special significance" means Quercus lobata Valley Oak.

"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others.

"Subdivision" means the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, financing, conveyance, transfer or any other purpose, whether immediate or future. 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 project or common interest development, as defined in Section 1351 of the Civil Code or a 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 shall not be considered a division of land for purposes of computing the number of parcels.

"Tree" means a healthy, living, large woody plant which ordinarily has a central trunk and at maturity exceeds a height of fourteen feet (14′).

(Ord. No. 5900, §§ I, II, 9-14-2010; Ord. No. 5725 § 3, 2007; Ord. No. 5537 § 1(a), 2004; Ord. No. 4399 § 1, 1991: Ord. No. 4014, 1989; Ord. No. 3624; Ord. No. 2510 § 1; Ord. No. 2217 § 1; Ord. No. 1875 § 1.)

Sec. 25-3. - Parcels sixty (60) acres or more—No final map required.

No tentative or final map shall be required for any subdivision creating five or more parcels where each parcel created by the division has a gross area of sixty (60) acres or more. A tentative parcel map and a parcel map shall be required as set forth by Section 66426 of the Subdivision Map Act.

(Ord. No. 1875 § 1.)

Sec. 25-4. - Fees.

(a)

Every person requesting a subdivision shall pay a processing fee prescribed by ordinance of the board of supervisors.

(b)

Fees for all certificates of compliance, administrative and conditional, shall be computed on an hourly basis, to reflect the actual cost of salary and overhead for staff time spent researching the title documents accompanying the application. At the time of filing the application, the planning department shall collect a deposit, pursuant to the application fee schedule, to be applied toward the eventual amount of fee. The payment of the entire fee shall be made prior to the issuance of the certificate of compliance. No certificate shall be issued unless such fee is paid or is waived by the board of supervisors.

(Ord. No. 5404 § 2, 2003; Ord. No. 3619, 1986.)

Sec. 25-4.1. - Concurrent processing of related applications.

Where a development requires multiple approvals from different decision making bodies authorized to act under this chapter and Chapter 26 or 26C of the Sonoma County Code, notwithstanding anything else contained in this chapter and Chapter 26 or 26C to the contrary, the following administrative rules shall be applied to achieve concurrent processing of related applications:

(a)

The Sonoma County planning commission or the Sonoma County board of supervisors shall take original jurisdiction over any application filed pursuant to this chapter, where such application is being processed with a related application requiring the approval of the planning commission or board of supervisors; provided, however, that the board of supervisors shall not take original jurisdiction if either application, by statute, requires a planning commission recommendation prior to board action.

(b)

In those cases where an application made pursuant to this chapter is accompanied by an application for a rezoning, specific plan amendment, or general plan amendment, the Sonoma County planning commission shall, at the time it makes its recommendation to the board of supervisors in connection with such rezoning or plan amendment application, make a recommendation to the board on all related applications, and the board of supervisors shall be the decision making body for all such related applications.

(c)

Applications for extensions or modifications of development projects originally approved pursuant to this section may be acted upon by any decision making body which would otherwise have jurisdiction over the type of extension or modification which is sought.

(Ord. No. 3753.)

Sec. 25-5. - Project review and advisory committee—Composition, quorum.

The project review and advisory committee shall have seven (7) voting members who shall be appointed by the director of permit and resource management department and shall consist of staff with expertise in environmental health, flood control engineering, road construction requirements, sewer and water engineering, planning, surveying and agriculture. A quorum shall consist of four (4) members.

Provided, however, that the project review and advisory committee shall consist of the director of permit and resource management department alone for each of the following types of subdivision:

Subdivisions proposing to subdivide land into four (4) or fewer parcels all of which have been shown as separate assessor's parcels on any of the latest equalized county assessment rolls since 1967.

(Ord. No. 4906 § 6 (A), 1995: Ord. Nos. 2072 § 1, 2217 § 2, 2505 § 1.)

Sec. 25-6. - Project review and advisory committee—Powers and duties.

The Project review and advisory committee shall have the following powers and duties:

(a)

To review in a technical capacity all subdivisions for which the committee is not the advisory agency;

(b)

To approve, disapprove, or conditionally approve all subdivisions for which the committee is the advisory agency;

(c)

To consider and coordinate recommendations on all matters which may hereby be assigned to it by the planning commission or the board of supervisors and to establish rules of procedure and elect officers to carry on its business;

(d)

To issue and record certificates of compliance pursuant to Section 66499.35 of the Subdivision Map Act and to issue and record notices of violation pursuant to Section 66499.36 of the Subdivision Map Act;

(e)

To approve lot line adjustments between two or more adjacent parcels pursuant to Government Code Section 66412; (f) To reduce, alter, or add to the development standards listed below. Any such changes shall be accompanied by a written statement justifying the change. The standards of development or the decision to change a standard may be appealed consistent with Section 25-18

(Ord. No. 2177 § 1; Ord. No. 1875 § 1; Ord. No. 2510 § 2.)

Sec. 25-7. - Director of permit and resource management department—Duties.

The director of permit and resource management department shall be responsible for processing subdivision applications, for notifying and furnishing information to affected persons, departments, and agencies, for presenting material and data to the advisory agencies and board of supervisors where requested, for making recommendations relative to the design of subdivisions, and for taking any action that is allowed or required by law to insure compliance with the provisions of this chapter.

(Ord. No. 4906 § 6 (B), 1995; Ord. No. 1875 § I.)

Sec. 25-8. - Parcel map required.

Except as provided in Section 25-9, each subdivider shall file and record a parcel map for any subdivision.

(Ord. No. 1875 § 1.)

Sec. 25-9. - Exceptions to parcel map requirements.

A parcel map need not be filed or recorded for any subdivision in any of the following cases:

(a)

When a tentative and final map are required by the Subdivision Map Act of this chapter;

(b)

When the subdivision is created by short-term leases (terminable by either party on not more than thirty (30) days' notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, provided, however, that upon a showing made to the project review and advisory committee based upon substantial evidence, that public policy necessitates such a map, this exception shall not apply;

(c)

When the project review and advisory committee, in a case where Section 66428 of the Subdivision Map Act authorizes, waives the parcel map. Prior to waiving the parcel map, the project review and advisory committee shall make written findings that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act of this chapter;

(d)

When the subdivision is a subdivision described in Section 66412 of the Subdivision Map Act.

(Ord. No. 2217 § 5; Ord. No. 1875 § 1.)

Sec. 25-10. - Applicability of Article II.

The provisions of Article II shall apply only to subdivisions for which a parcel map is required by the Subdivision Map Act or this chapter. To that end, the term "subdivision" as used in Article II shall mean "subdivision for which a parcel map is required" unless the context requires otherwise.

(Ord. No. 1875 § 1.)

Sec. 25-11. - Applicability of Articles III, IV, V and VI.

The provisions of Articles III, IV, V and VI of this chapter shall apply only to subdivisions for which a tentative and final map are required by the Subdivision Map Act of this chapter. To that end, the term "subdivision" as used in Articles III, IV, V and VI of this chapter shall mean "subdivision for which a tentative and final map are required," unless the context requires otherwise.

(Ord. No. 1875 § 1.)

Sec. 25-11.5. - Reconfiguration of existing parcels.

(a)

Parcel reconfiguration is a request to relocate property boundaries which does not create additional parcels but seeks only to reconfigure existing parcels or lots into the same or a lesser number of lots and where the resultant parcel reconfigurations shall be processed in accordance with the criteria and procedures established in this chapter for minor subdivision with the following exceptions:

(1)

If compliance with minimum lot size, density, and lot design standards is not feasible, the hearing body may approve a parcel configuration which improves the overall code consistency of the parcels;

(2)

The hearing body shall have the discretion to waive improvement, dedication, fee and map requirements to achieve an appropriate degree of conditioning.

(b)

Existing parcels shall be considered merged and resubdivided into a new configuration when the conditions of approval are substantially complied with.

(Ord. No. 4399 § 4, 1991.)

Sec. 25-12. - Compliance with chapter in issuance of permits.

Compliance with this chapter is a condition precedent to the issuance of a building permit, zoning permit, use permit, variance permit or any other land use approval by any person authorized to issue such permits or authorizations in the unincorporated territory of the county. Issuance of such permits or authorizations without prior compliance with this chapter shall render them void. Upon the discovery of the issuance of such permit without compliance herewith, it shall be the duty of the building official and planning director to notify the persons to whom such permit was issued of the requirements of this chapter and to demand all building and construction work to cease immediately until this chapter has been complied with.

(Ord. No. 1875 § 1.)

Sec. 25-12.1. - Tolling of development timelines.

The period of time during which any tentative map, tentative parcel map or any extension thereof would normally be effective may be tolled pursuant to the provisions of this section. Requests for the tolling of a time limitation may be made where a lawsuit is brought in a court of competent jurisdiction involving the approval or conditional approval of a tentative map, parcel map or an extension of any such map. The following shall apply to requests for a stay:

(a)

A stay may not be granted until the county is served with the initial petition or complaint. If the county is not a party to the litigation, the county must be served with a courtesy copy of the initial pleading;

(b)

Any request for a stay may not be granted for a period in excess of either five (5) years or that period during which the litigation is pending, whichever is shorter;

(c)

Requests for a stay will be acted upon within forty (40) days;

(d)

A request for a stay of two (2) years or less will be automatically approved by the planning director, unless the litigation is collusive;

(e)

A request for a stay of more than two (2) years is discretionary and will be acted upon by the advisory body initially approving the map or extension and shall be subject to appeal in the same fashion as would the map or extension;

(f)

If granted, the effective life of the subdivision map shall be extended for the period of the stay.

(Ord. No. 4351 § 1, 1991.)

Sec. 25-12.75. - Compliance with right to farm ordinance.

Any subdivision subject to the provisions of this chapter shall comply with the right to farm ordinance set forth in Chapter 30 of this code.

(Ord. No. 5203 § 2, 1999.)

Sec. 25-13. - Voidability of conveyances and abatement of violations.

Any conveyance or contract to convey or other act made contrary to the provisions of this chapter is voidable to the extent and in the same manner provided by Sections 66499.30 to 66499.36, inclusive, of the Subdivision Map Act. Any violation of this chapter is a public nuisance, and in addition to any penalties provided in this code, such violation may be abated by appropriate action of the district attorney or the county counsel.

(Ord. No. 1875 § 1.)

Sec. 25-13.1. - Indemnification of county.

(a)

At the time of submitting an application for a discretionary approval which is the subject of this chapter, the applicant shall agree, as part of the application, to defend, indemnify, and hold harmless the county and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the county or its agents, officers, attorneys or employees to attack, set aside, void, or annul an approval of the county, its advisory agencies, appeal boards or board of supervisors, which action is brought within the applicable statute of limitations set forth in the Subdivision Map Act. The indemnification shall include damages awarded against the county, if any, costs of suit, attorney fees and other costs and expenses incurred in connection with such action.

(b)

In the event that a claim, action or proceeding discussed in subsection (a) is brought, the county shall promptly notify the applicant of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. Nothing set forth in this section shall prohibit the county from participating in the defense of any claim, action or proceeding if the county elects to bear its own attorney fees and costs and defends the action in good faith.

(Ord. No. 3846.)

Sec. 25-13.4. - Original jurisdiction.

This section provides the procedures for the board of supervisors, upon its own initiative, to exercise original jurisdiction over applications filed pursuant to this chapter.

(a)

Request to Exercise Original Jurisdiction. Any member of the board of supervisors may request the board to exercise original jurisdiction over any application filed pursuant to this chapter, except in cases where state law requires a recommendation of the planning commission prior to action by the board on the matter.

(b)

Timing and Form of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall be made orally at a board of supervisors meeting, or filed in writing with the clerk of the board, prior to any decision by a lower level decision maker approving or denying the subject application. A request to exercise original jurisdiction need not state the reasons for the request.

(c)

Effect of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall stay any proceedings of lower level decision makers until the board of supervisors takes action in compliance with subsection (d) of this section.

(d)

Consideration of Request to Exercise Original Jurisdiction. A request to exercise original jurisdiction shall be considered by the board of supervisors at a public meeting. Notice of the meeting shall be given, and the meeting shall be conducted, in compliance with applicable law.

(1)

If the board of supervisors approves the request to exercise original jurisdiction, the board shall assume jurisdiction over the matter and take action in compliance with subsection (e) of this section.

(2)

If the board of supervisors denies the request to exercise original jurisdiction, the appropriate lower level decision maker shall resume jurisdiction over the matter and take action in compliance with applicable law.

(e)

Hearing and Decision. Any matter that is the subject of original jurisdiction shall be heard and decided by the board of supervisors at a public hearing. Notice of the hearing shall be given, and the hearing shall be conducted, in compliance with applicable law. The board may approve, conditionally approve, or deny the subject application.

(f)

Participation by Initiator of Request to Exercise Original Jurisdiction. Any member of the board of supervisors who initiates a request to exercise original jurisdiction shall have full participation rights in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

(Ord. No. 5537 § 1(b), 2004.)

Sec. 25-13.5. - Appeals in general.

(a)

In addition to those person(s) otherwise entitled by this chapter to appeal subdivision decisions, any interested person shall have the right of appeal to the extent set forth by Government Code Section 66474.7. When the committee is the advisory agency, appeals shall first be heard by the planning commission, and then, if further appeal is made, by the board of supervisors. When the planning commission is the advisory agency, appeals shall be heard by the board of supervisors.

(b)

Any interested person may appeal any administrative determination made by the planning director or his designee pursuant to this chapter. Appeals of administrative determinations shall first be heard by the planning commission and then, if further appeal is made, by the board of supervisors.

(c)

All appeals shall be filed in writing with the planning director within ten (10) days after the decision that is the subject of the appeal. All appeals shall specifically state the basis for the appeal and shall be accompanied by the required filing fee.

(Ord. No. 5537 § 1(c), 2004; Ord. No. 4207, 1990.)

Sec. 25-13.6. - Direct review.

This section provides the procedures for the board of supervisors, upon its own initiative, to review the decisions of lower level decision makers on applications filed pursuant to this chapter.

(a)

Request for Direct Review. Any member of the board of supervisors may request the board to review a decision of a lower level decision maker approving or denying any application filed pursuant to this chapter.

(b)

Timing and Form of Request for Direct Review. A request for direct review shall be made orally at a board of supervisors meeting, or filed in writing with the clerk of the board, prior to the expiration of the appeal period for the decision of the lower level decision maker on the subject application. A request for direct review need not state the reasons for the request. A request for direct review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision of the lower level decision maker.

(c)

Effect of Request for Direct Review. A request for direct review shall stay the decision of the lower level decision maker until the board of supervisors takes action in compliance with subsection (d) of this section and, if applicable, until the board of supervisors takes action in compliance with subsection (e) of this section. The stay shall not extend the time for filing an appeal of the decision of the lower level decision maker.

(d)

Consideration of Request for Direct Review. A request for direct review shall be considered by the board of supervisors at a public meeting. Notice of the meeting shall be given, and the meeting shall be conducted, in compliance with applicable law.

(1)

If the board of supervisors approves the request for direct review, the board shall assume jurisdiction over the matter and take action in compliance with subsection (e) of this section.

(2)

If the board of supervisors denies the request for direct review, the decision of the lower level decision maker shall stand unless an appeal of the decision was timely filed.

(e)

Hearing and Decision. Any matter that is the subject of direct review shall be heard and decided by the board of supervisors at a public hearing. Notice of the hearing shall be given, and the hearing shall be conducted, in compliance with applicable law. The hearing shall be de novo. The board may affirm, wholly or partly, modify, or reverse the decision of the lower level decision maker on the subject application.

(f)

Participation by Initiator of Request for Direct Review. Any member of the board of supervisors who initiates a request for direct review shall have full participation rights in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

(Ord. No. 5537 § 1(d), 2004.)

Sec. 25-13.7. - Simultaneous appeal and direct review.

When a decision by a lower level decision maker is both appealed and jurisdiction is taken by the board of supervisors through direct review, both the appeal and the direct review shall be heard and considered concurrently.

(Ord. No. 5537 § 1(e), 2004.)

Sec. 25-13.8. - Correction and modification of a recorded subdivision map.

(a)

A recorded final or parcel map may be amended to correct technical errors or omissions as set forth in Government Code Section 66469.

(b)

Upon application in writing, minor modifications regarding notes, conditions, etc., on a recorded final or parcel map may be made in accordance with the requirements of Section 66472.1 by the advisory agency having jurisdiction over the original subdivision approval, if, after public hearing, the advisory agency makes the following findings:

(1)

That there are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary; and

(2)

That the modifications do not impose any additional burden on the present fee owner of the property; and

(3)

That the modifications do not alter any right, title or interest in the real property reflects on the recorded map; and

(4)

That the map as modified conforms to all the provisions of the Subdivision Map Act and local implementing ordinances.

The hearing shall be confined to consideration of and action on the proposed modification.

The amended map or certificate of modification shall be accompanied by proof of ownership and documentation listing those with a record title interest in the property.

(Ord. No. 3068 § I.)

Sec. 25-13.9. - Voluntary merger.

(a)

Subject to the limitations set forth in subsections (b) and (c), upon request of the legal owner of contiguous parcels, the planning director may approve pursuant to Government Code Section 66499.20 ¾, the merger of the parcels without reverting to acreage. Any such request shall be in writing signed by all owners and accompanied by an executed "assessor's combining agreement," and such other data, documents or maps as may be required by the planning director to illustrate or legally describe the proposed configuration. In approving the combination of parcels, the planning director may impose reasonable conditions. Upon approval, a certificate of merger in a form approved by county counsel shall be recorded with the county recorder. The filing of the certificate of merger shall constitute legal merger of the land affected thereby.

(b)

Voluntary mergers of parcels which create additional subdivision potential shall only be approved where the property owner consents to a condition which limits the subdivision potential of the property to that which existed prior to the merger.

(c)

The voluntary merger of commonly held parcels which are unbuildable because of size, lack of access or topography shall not be approved unless the owner of the parcels either (i) merges all commonly held contiguous parcels to achieve maximum compliance with the underlying zoning in effect as of the date of the application; or (ii) merges commonly held contiguous parcels into configurations which are consistent with the underlying zoning in effect as of the date of the application. For purposes of this subsection, "commonly held" parcels shall mean contiguous parcels which are held by the same owner on or after July 10, 1990.

(Ord. No. 4232 § 1, 1990: Ord. No. 3144 § 1.)

Sec. 25-13.10. - Open space easement.

The board of supervisors, may require, on appeal or otherwise, and the planning commission and board of zoning adjustments may recommend, as a condition of approval of a development application, the dedication of an open space easement on a portion of the property to be developed. Applications for development shall include applications for major and minor subdivisions, as well as those applications set forth in Chapter 26 of the Sonoma County Code. Prior to exacting an open space easement or offer of easement pursuant to this section, the Board or Commission shall make one of the findings set forth in paragraphs (1) through (3) below in addition to making the finding set forth in paragraph (4) and (5).

(1)

The area which is to be the subject of the open space easement is characterized by great natural scenic beauty; or

(2)

The existing openness, natural condition, or present state of use, if retained, would enhance the present potential value of abutting or surrounding urban development; or

(3)

The existing openness, natural condition, or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources.

(4)

The imposition of the open space easement bears a reasonable relationship to the public welfare.

(5)

The exaction of the Scenic/Open Space Easement is consistent with the General Plan.

Open space easements exacted pursuant to this section may, at the discretion of the Board or Commission include, but not be limited to, any of the following:

(a)

A provision that the subject property shall be used only for those purposes which will maintain the existing open and scenic character of the property.

(b)

A prohibition on the placing or erecting or causing the placement or erection of any new building, structure, or vehicle intended for human occupancy or commercial purposes at the site.

(c)

A prohibition of any act which will materially change the general topography or the natural form of the subject property.

(d)

A prohibition on the division of the subject property into two or more parcels under separate ownership by sale, gift, lease or otherwise except such divisions necessary for public acquisition.

(e)

A reservation of rights to the grantors for all uses not inconsistent with the restrictions specifically enumerated in paragraphs (a) through (d), including the right to prohibit entry thereon by unauthorized persons.

(f)

A reservation of rights to the grantor to develop water sources, including springs, and to lay, construct, repair and replace pipes and conduits for the transportation of water or treated effluent.

(g)

A reservation of rights to the grantors to manage the land and its resources in a manner consistent with accepted principles of conservation practice.

(h)

A reservation of rights to the grantors to use and develop the subject property from time to time for agricultural purposes, including the various agricultural uses allowed in the Al zoning district.

Open space easements exacted pursuant to this Section shall run with the land and shall continue until such time as the Board of Supervisors, at its discretion, abandons the County's right to the easement or, if the easement so provides, the easement expires in accordance with its terms.

Nothing contained in this section shall be construed to limit the authority of the County to exact, as an alternative, open space easements in accordance with the provisions of Government Code Section 51070 et seq.

(Ord. No. 3606, 1986.)

Sec. 25-13.11. - Merger of Parcels.

Sec. 25-13.11(a). - Purpose.

This article is enacted for the purpose of providing administrative procedures for the use of the existing merger ordinance of the County of Sonoma (previously Section 26-200 of Sonoma County Code) to bring it into compliance with Section 66451.11 of the California Government Code.

Sec. 25-13.11(b). - Definitions.

When used in this article the following terms shall have the following meanings:

(1)

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

(2)

"Merger" means the joining of two or more contiguous parcels or units of improved or unimproved land, which are held by the same owner or owners, into fewer parcels pursuant to this title. Parcels or units may include land division or subdivision lots, or lots created by deed;

(3)

"Minimum parcel size" means the minimum size to permit development under established zoning, subdivision or other County Codes.

(4)

"Same Owner". Contiguous parcels or units of land may be considered to be held by the same owner where:

(1)

the individuals or entities referenced as grantees on the respective deeds are identical; or

(2)

where the individuals or entities referenced as grantees on the respective deeds would be identical but for the fact that such references differ because of spelling inconsistencies, the substitution of an initial for a portion of a name, or the deletion of a first, last or middle name; or

(3)

where the same individuals or entities would have qualified as the same owner under clauses (1) or (2) at one point in time and where, at a later paint in time, a transfer of one of the parcels or units of land was made without consideration; provided, however, that bona fide gifts to blood or adopted relatives of the grantee which were reported as gifts pursuant to applicable state and federal taxation laws shall not be considered as transfers made without compensation.

Sec. 25-13.11(c). - General.

Except as provided for in this article two or more contiguous parcels or units of land shall not merge by virtue of the fact that such contiguous parcels are held by the same owner if they were created in one of the following manners:

(1)

Pursuant to the provisions of the State Subdivision Map Act;

(2)

Pursuant to Sonoma County Code, Chapter 25, or prior laws regulating the division of land.

(3)

Or were not subject to provisions of the Subdivision Map Act or Sonoma County Code at the time of their creation. If such creation has occurred, no further proceeding under the provisions of this title shall be required to permit sale, lease or financing of such contiguous parcels or units of land.

Sec. 25-13.11(d). - Requirements for merger.

When any one of two or more contiguous parcels or units of land, which came into common ownership does not conform to the standards for minimum parcel size under Zoning Ordinance, the contiguous parcels shall merge if the requirements set forth below are satisfied. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the Notice of Intent to Determine Status is recorded pursuant to Section 25-13.11(f).

(1)

At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit of land.

(2)

With respect to any affected parcel, one or more of the following conditions exist:

(A)

Comprises less than 5,000 square feet in area at the time of the determination of merger;

(B)

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

(C)

Does not meet current standards for sewage disposal under Chapter 24 of Sonoma County Code and current standards for domestic water supply under Chapter 23B of Sonoma County Code;

(D)

Does not meet slope stability standards of the Uniform Building Code and Sonoma County Building Inspection Department.

(E)

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. In determining whether legal access exists, the Planning Director, his designee or hearing office may consider evidence of prescriptive easements.

(F)

Its development would create health or safety hazards;

(G)

Is inconsistent with the General Plan, the Local Coastal Plan or any applicable Specific Plans, other than minimum lot size or density standards.

(3)

Subsection (2) shall not apply and merger may occur if the provisions of subsection (1) apply and if one of the following conditions exist:

(A)

On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

(B)

On or before July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104 of the Government Code, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201 of the Government Code.

Sec. 25-13.11(e). - Effective date of merger.

A merger of parcels of units of land becomes effective on the date the Notice of Merger is filed for record with the recorder of the County of Sonoma. A Notice of Merger shall specify the names of the record owner or owners and shall particularly describe the real property that is the subject of the merger.

Sec. 25-13.11(f). - Notice of intent to determine status.

Prior to recording a Notice of Merger, the planning director shall cause to be mailed by certified mail to then current record owner of the property a Notice of Intention to Determine Status, notifying the owner that the affected parcels may be merged pursuant to standards specified in Chapter 25 and 26 of Sonoma County Code, advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice shall also inform the owner or owners that the planning director or his designee is authorized to make a determination or merger or non-merger in accordance with Sonoma County Code 25-13.11(j) based on the information available from county records in the event that a request for hearing is not filed within 30 days pursuant to Sonoma County Code 25-13.11(g). The Notice of Intention to Determine Status shall be filed for record with the recorder of the County of Sonoma on the date that notice is mailed to the property owner.

Sec. 25-13.11(g). - Request for hearing.

At any time within 30 days after recording of the Notice of Intention to Determine Status, the owner of the affected property may file with the planning director a request for a hearing on determination of status.

Sec. 25-13.11(h). - Hearing body.

When a property owner files a request for a hearing on determination of status pursuant to Section 25-13.11(g), the hearing shall be conducted before the planning director or his designee. Not withstanding anything within Chapter 25 or 26 of Sonoma County Code to the contrary, decisions of the planning director or his designee are not appealable to the Planning Commission. Where the planning director determines that significant policy question are t issue, the planning director may refer the determination of merger to the planning commission for action. Not withstanding anything within Chapter 25 or 26 of Sonoma County Code to the contrary, decision of the Planning Commission are not appealable to the Board of Supervisors.

Sec. 25-13.11(i). - Procedure for hearing.

Upon receiving a request for a hearing on determination of status, the planning director shall fix a time, date, and place for a hearing to be conducted by the planning commission or the planning director or his designee as applicable, and shall so notify the property owner by certified mail. The hearing shall be conducted not more than thirty (30) days following the planning director's receipt of the property owner's request for hearing, but may be postponed or continued with the mutual consent of the planning director and the property owner. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in Chapter 25 and 26 of the Sonoma County Code. At the conclusion of the hearing, the planning commission or the planning director or his designee, as applicable, shall make a determination that the affected parcels are to be merged or are not to be merged and shall notify the owner of its determination. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing as provided for in Section 25-13.11(e).

Sec. 25-13.11(j). - Determination when no hearing is requested.

If within the 30-day period specified 25-13.11(c), the owner does not file a request for hearing on determination of status, the planning director may at that time or thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in Section 25-13.11(e) no later than 90 days following the mailing of notice required by Section 25-13.11(i).

Sec. 25-13.11(k). - Notice of non-merger.

If, in accordance with Sections 25-13.11(i), or (j), the planning director, his designee, or planning commission determines that the subject property shall not be merged, it shall cause to be recorded in the manner specified in Section 25-13.11(e) a Release of the Notice of Intention to Determine Status, recorded pursuant to Section 25-13.11(f), and shall mail a clearance letter to the then current owner of record.

Sec. 25-13.11(l). - Parcels for which a Notice of Merger was recorded prior to January 1, 1984.

To the extent parcels have previously merged pursuant to local ordinance and a Notice of Merger was recorded prior to January 1, 1984, the merger of such parcels shall remain unaffected by this chapter.

Sec. 25-13.11(m). - Criteria for unmerger.

Any parcels or units of land for which a Notice of Merger had not been recorded on or before January 1, 1984, shall be deemed not to have merged if on January 1, 1984:

(1)

The parcel meets each of the following criteria:

(A)

Comprises at least 5,000 square feet in area:

(B)

Was created in compliance with applicable laws and ordinances in effect at the time of its creation.

(C)

Meets current standards for sewage disposal under Chapter 24 of Sonoma County Code and current standards for domestic water supply under Chapter 23B of Sonoma County Code.

(D)

Meets slope stability density standards set forth by the Uniform Building Code and Sonoma County Building Inspection Department.

(E)

Has legal access which is adequate for vehicular and safety equipment access and maneuverability. In determining whether legal access exists, the Planning Director, his designee or hearing office may consider evidence of prescriptive easements.

(F)

Development of parcel would create no health or safety hazards

(G)

The parcel would be consistent with the General Plan, the Local Coastal Plan or any applicable specific plan, other than a minimum lot size or density standards.

(2)

and, with respect to such parcel, none of the following conditions exist:

(A)

On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restrictions, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.

(B)

On or before July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104 of the Government Code, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201 of the Government Code.

Sec. 25-13.11(n). - Application and determination of unmerger.

Upon application made by the owner and payment of any requested fees, the planning commission or planning director or his designee, as applicable, shall make a determination that the affected parcels have merged or, if meeting the criteria of Section 25-13.11(m) are deemed not to have merged. As part of an owner initiated application a determination on parcel status, an owner may request a hearing. If a hearing is requested, the planning commission or the planning director or his designee, as applicable, shall make the determination on merger. If no public hearing is requested, the planning director or his designee shall make the determination on merger. In either event, the planning director or his designee shall provide thirty (30) days written notice to the owner of the affected parcels of the date and place of the hearing or decision on the determination of merger. A fee to cover the actual cost of the application and/or hearing shall be fixed by the Board of Supervisors.

Sec. 25-13.11(o). - Hearing body.

When a property owner files an application for determination of merger pursuant to Section 25-13.11(n), the planning director or his designee shall conduct the hearing. In any event, where the planning director or his designee determines that significant policy questions are at issue, the planning director or his designee may refer the determination of merger to the planning commission for action.

Sec. 25-13.11(p). - Notification to the owner.

The owner of the affected parcels shall be notified as follows:

(1)

Upon a request pursuant to Section 25-13.11(n) and a determination that the parcels meet the standards of Section 25-13.11(m), the planning director shall issue to the owner and record with the county recorder a notice of the status of the parcels which shall identify each parcel and declare that the parcels are unmerged pursuant to this chapter.

(2)

Upon determination that the parcels have merged and do not meet the criteria specified in Section 25-13.11(n), the planning director shall issue to the owner and record with the county recorder, a notice of merger as provided in Section 25-13.11(e).

Sec. 25-13.12. - Certificates of compliance.

No certificate of compliance application shall be accepted as complete unless accompanied by the following information:

(a)

A complete chronological summary document certified by the applicant under penalty of perjury as complete or prepared by a title company listing each property transaction from the date of creation of the subject parcel to the date of application, together with copies of each deed;

(b)

A map or a set of maps depicting the configuration of the parcel at the date of creation and at each transaction thereafter to the date of application;

(c)

An index showing the relationship of the parcel to the adjacent property commonly referred to as a vicinity map with adjacent ownership shown;

(d)

A title report showing that the applicant is the owner of the parcel or a vendee under a binding contract of sale;

(e)

Proof that the parcel has been previously surveyed or a current survey of the parcel;

(f)

Such other information as the planning director or his designee deems necessary to process the application;

(g)

The information set forth in subsections (1) through (6) above is necessary to enable the county to determine whether the lot has been extinguished by virtue of a subsequent merger, resubdivision, reversion to acreage, partial conveyance or partial condemnation.

(h)

A fee prescribed by ordinance pursuant to Section 25-4(B).

(Ord. No. 4232 § 1, 1990.)

Sec. 25-13.13. - Repealed by Ord. No. 4399.

Sec. 25-13.14. - Supplemental map sheet and supplemental document.

(a)

Whenever the advisory agency requires that additional survey or map information including, but not limited to, building envelopes, building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping and archaeological sites be shown as a condition of approval of a tentative map or tentative parcel map, the additional information shall be shown on a supplemental map sheet.

(b)

Upon the request of the subdivider and upon a finding by the advisory committee that the supplemental information described in section (a) does not need to be a mapped representation, the advisory committee may require a supplemental map document.

(c)

The supplemental map sheet or supplemental document shall contain a statement that the additional information is for informational purposes describing conditions as of the date of filing and is not intended to affect record title interest. The supplemental map sheet or supplemental document may also contain a notation that the information shown therein is derived from public records or reports and does not imply correctness or sufficiency of these reports by the preparer or the supplemental map sheet.

(d)

The supplemental map sheet or supplemental document shall be filed or recorded simultaneously with the final map or parcel map.

(e)

Reference to the supplemental map sheet or document shall appear on the face of the final map or parcel map.

(f)

Unless otherwise described by conditions or notes appearing on a supplemental map sheet, modifications to the supplemental map sheets shall be permitted in accordance with the procedures set forth in Section 25-13.8 of the Sonoma County Subdivision Ordinance.

(Ord. No. 3978, 1989.)

Sec. 25-13.15. - Reversions to acreage.

The county may, upon its own motion or upon the petition of a property owner or other interested party, initiate and conclude reversion to acreage proceedings pursuant to Government Code Sections 66499.11 et seq.

(Ord. No. 4476 § 1, 1991; Ord. No. 4232 § 1, 1990.)