Sec. 25-60. - Improvement agreements.

If the improvement works required pursuant to this chapter are not satisfactorily completed before the filing of the final map, the owner(s) of the subdivision shall, prior to or concurrently with the approval of such map, enter into an agreement with county, agreeing to have the work completed within the time required, and specifying that should such work not be satisfactorily completed within the time limit, the county may complete all specified improvements and be completely reimbursed for such improvements by the owner of the subdivision. In addition, no permit for development shall be issued for subdivisions for which a parcel map is required until the construction of off-site or on-site improvements has been completed or, pursuant to an agreement between the subdivider and the county has been satisfactorily secured as provided below. Any such improvement agreement shall be approved as to form by county counsel and shall at a minimum provide:

(a)

Construction of all improvements per the approved plans;

(b)

Completion of improvements within two (2) years from approval of the final or parcel map. This completion date may be extended by the advisory agency as provided in this chapter;

(c)

Warranty by subdivider that construction will not adversely affect any portion of adjacent properties;

(d)

Payment of inspection fees in accordance with the county's established fees and charges;

(e)

Improvement security;

(f)

Maintenance and repair of any defects or failures and causes thereof;

(g)

Release of the county from all liability incurred by the development and payment of all reasonable attorney's fees that the county may incur because of any legal action arising from the development;

(h)

Engineer's certifications of approved construction.

Any such agreement may recognize and allow for the subdivider to seek to initiate and consummate proceedings under an appropriate assessment act for the financing and completion of the improvements so long as the subdivider remains responsible to construct the improvements at the subdivider's expense. Any agreement to construct or install off-site improvements on land in which the county does not have sufficient title or interest, shall be conditioned to require action at such time as the county obtains an interest in the land which will permit the improvements to be made. Any such agreement upon a reversion of the subdivision or a part thereof to acreage.

Sec. 25-61. - Extension of improvement agreements.

The completion date for any improvements to be constructed under an improvement agreement may be extended by the advisory agency upon written request by the subdivider and the submittal of evidence to justify such extension. The request shall be made not less than thirty (30) days prior to the expiration of the improvement agreement. In consideration of the extension, the following will be required:

(a)

Revision of the improvement plan to provide the current design and construction standards required by the responsible department;

(b)

Revised improvement construction estimate to reflect current improvement costs as approved by the responsible department;

(c)

Increase of improvement securities in accordance with revised construction estimates;

(d)

Increase in any inspection fees to reflect current fees.

The advisory agency may impose additional requirements as it may deem necessary or convenient as a condition to approving any time extensions for the completion of improvements.

Sec. 25-62. - Improvement security required.

The furnishing of security shall be required in connection with any improvement agreement. No final or parcel map may be approved until all required security has been received and approved. Unless a different form of security allowed in Government Code Section 66499 is specifically authorized by the board of supervisors, the form of the security to ensure performance, payment of labor and materials, maintenance and warranty, shall be one (1) or a combination of the following:

(a)

A bond or bonds by one (1) or more duly authorized corporate sureties in the form set forth in Government Code Sections 66499.1 and 66499.2;

(b)

A deposit, either with the county or a responsible escrow agent or trust company of money or negotiable bonds of kind approved for securing deposits of public monies;

(c)

An instrument of credit or a set aside letter from one (1) or more financial institutions subject to regulations by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

Sec. 25-63. - Amount of security.

(a)

A performance bond or security in the amount of one hundred percent (100%) of the estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of fifty percent (50%) of the estimated construction cost shall be required to guarantee the payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements. If a set aside letter is used as security, an additional twenty percent (20%) of the estimated construction cost will be required in addition to the one hundred fifty percent (150%) as stated above.

(b)

The estimate of construction or installation costs shall be as approved by the county and shall provide for:

(1)

Not less than five percent (5%) nor more than ten percent (10%) of the total construction cost of contingencies;

(2)

Increase for project inflation computed to the estimated midpoint of construction;

(3)

In addition to full amount of the security, there shall be included costs and reasonable expenses and fees, including attorney and expert fees, incurred in enforcing the obligation secured.

(c)

The estimate of maintenance costs for items such as landscaping and irrigation shall include estimated maintenance for up to five (5) years.

Sec. 25-64. - Warranty security.

Upon acceptance of dedicated subdivision improvements by the county, the subdivider shall provide security in the amount as required by the county to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than ten percent (10%) of the cost of the construction of accepted improvements and not less than twenty percent (20%) of the cost of improvements which are not dedicated to and accepted by the county. The security shall be retained for the one (1) year warranty period.

Sec. 25-65. - Monument security.

To the extent permitted by Chapter 4, Article 9 of the Subdivision Map Act and this chapter, monuments may be set after the recording of the final map if the subdivider's engineer or surveyor certifies on the map that the monuments will be set on or before a specified later date, and provided that the subdivider furnishes security pursuant to an agreement with the county guaranteeing the payment of the cost of setting the monuments.

Sec. 25-66. - Release of improvement securities.

(a)

Performance Security. The performance security for dedicated improvements shall be released only upon acceptance of the improvements by the county and when the approved warranty security has been filed with the county. The performance security for other improvements shall be released only upon satisfactory passage of final inspection and/or receipt of the engineer's certification of satisfactory completion as required for the improvement and when any required maintenance and/or warranty agreements and security have been delivered to the county.

(b)

Material and Labor Security. Security given to secure payment to the contractor, subcontractors, and to persons furnishing labor, materials or equipment may, five (5) days after passage of the time within which claims of lien are required to be recorded pursuant to Civil Code Section 3114 et seq. and after acceptance of the work be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the county. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

(c)

Warranty Security. The warranty security shall be released upon satisfactory completion of the warranty period provided:

(1)

All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected;

(2)

Not less than twelve (12) months have elapsed since the acceptance of the improvements by the county or the filing of the notice of completion by the subdivider, whichever is later.

(d)

Monument Security. The monument security shall be released upon satisfactory completion of the monumenting work and receipt of evidence that the cost of the monumenting has been paid and that the engineer or surveyor doing such work has receipted for such payment.

(e)

Partial Release of Security. Partial release of performance security and material and labor security may be allowed by the board of supervisors once in connection with any improvements which have been bonded for under the provisions of the Subdivision Map Act of the Sonoma County Code. The partial release may occur no sooner than one (1) year after the security has been posted and is subject to the following rules:

(1)

A reduced security may be approved in an amount determined by the county surveyor, but in no case shall an amount less than twenty percent (20%) of the original amount of security be approved;

(2)

The reduced security shall be sufficient to cover the estimated cost of unfinished improvement work, possible damage to completed work which may occur prior to completion of all required improvements, the amount of material and labor security for work which has not been completed, and any reasonable expenses and fees including attorney and expert fees, incurred in enforcing the obligation secured.

(Ord. No. 3502 § 1.)

Sec. 25-67. - Delegation.

Unless specified otherwise, where this article requires county approval of improvement agreements, extensions, security, or release of security, the board of supervisors hereby delegates to the county surveyor the authority to approve and execute the agreement, extension, security or release of security.

(Ord. No. 3288.)

Sec. 25-70. - Definition of lot line adjustment.

(a)

Lot line adjustment is 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. For purposes of this definition, unless exempted by the planning director, a request shall be deemed minor only if all the following statements are true:

(1)

No parcel is completely relocated;

(2)

No parcel is reduced in size by more than thirty percent (30%) or enlarged by more than one hundred percent (100%);

(3)

No existing parcel is subject to merger or otherwise undevelopable; and

(4)

The adjustment is not subject to the California Environmental Quality Act, (CEQA) pursuant to Section 25-70.2

(b)

Applications for a lot line adjustment shall be processed in accordance with Section 25-70 et seq. of this chapter. Where the relocation of boundary lines is not "minor," the request shall be deemed a "parcel reconfiguration" and shall be processed in accordance with Section 25-11.5 of the Subdivision Ordinance.

(Ord. No. 4399 § 2, 1991.)

Sec. 25-70.2. - Environmental review of boundary relocations.

The relocation of parcel boundaries shall be subject to the California Environmental Quality Act (C.E.Q.A.) if any of the following is true:

(a)

The adjustment has possible impacts, or increases the potential for impacts on a sensitive or protected environment, or an area of hazardous or critical concern; or

(b)

The adjustment request involves five (5) or more parcels, or parcels which have been lot line adjusted in the previous two (2) years, and could result in cumulative or significant adverse impacts, to include, but not limited to, growth inducing effects, effects which change the pattern of land use, population density or natural systems.

(Ord. No. 4399 § 3, 1991.)

Sec. 25-70.3. - Lot line adjustment application requirements.

Applications for lot line adjustments, as defined by Section 25-2, shall include the following information:

(a)

An accurate eight and one-half inch (8½″) by eleven inch (11″) site plan which depicts for each parcel included the location of existing and proposed boundary lines, parcel sizes, dwellings, structures, sewer lines, utilities, roads, easements, sewage systems, wells and other water supplies, and drainage. The site plan shall be prepared by a licensed land surveyor or a registered civil engineer;

(b)

A title report or other disclosure setting forth the names and recorded document numbers of all owners and holders of beneficial interests in the parcels to be adjusted;

(c)

A completed application form and indemnification agreement;

(d)

Current ownership deeds and, if necessary, proof of existing legal parcel status;

(e)

A current assessors parcel map and a location map;

(f)

A processing fee as prescribed by ordinance of the board of supervisors. In addition to the processing fees prescribed in Ordinance 4057 ^[148], lot line adjustment requests involving more than two (2) parcels shall be charged a supplemental application fee for each additional parcel. Application fees may be adjusted by the board of supervisors;

(g)

A proposal statement describing the purpose of the lot line adjustment. The proposal statement should also indicate the desired final parcel sizes and include a request to voluntarily merge any and all parcels and parcel fragments underlying the final parcel configuration;

(h)

Where an adjustment is proposed between parcels in different land use or zoning districts, a concurrent application for a zone change, general plan, and/or specific plan amendment shall be submitted as necessary to ensure district boundaries coincide with the resultant property lines. This requirement may be waived, if the planning department finds that the proposed changes are insignificant;

(i)

Other information as deemed necessary to verify the developability of an existing parcel or adequately review the proposal. (Amended during 12-92 supplement; Ord. No. 4399 §§ 5, 6, 1991.)

Sec. 25-70.4. - Processing lot line adjustments.

(a)

Lot line adjustments shall be processed in accordance with the following provisions:

(1)

Upon determining the application to be complete, the planning department shall refer the application to county departments, area agencies, and other interested parties for comments and recommendations. All referral responses shall be directed to the planning department within fourteen (14) days;

(2)

Upon completion of the referral period, the planning department shall review the lot line adjustment proposal for conformance with the approval criteria set forth in Section 25-70.5 and shall administratively approve, deny or conditionally approve the request;

(3)

In lieu of the above procedures, if a hearing is requested or any significant issues or protests are raised during the referral period, the planning department may refer such request to PRAC for a final determination. PRAC shall have the authority to approve, deny or conditionally approve lot line adjustments after conducting a duly noticed public hearing;

(4)

The final decision shall be mailed to the applicants, and those who submitted comments during the referral period. Decisions may be appealed within ten (10) calendar days pursuant to Section 25-13.5

(Ord. No. 4399 § 6, 1991.)

Sec. 25-70.5. - Lot line adjustment approval criteria.

(a)

Decisions on lot line adjustments shall be based on a determination of whether or not the resulting parcels, as conditioned, will conform with local zoning and building ordinances. For purposes of this section, "zoning and building ordinances" shall include all county codes, ordinances, and general plan policies which relate to the development of real property or the construction of improvements thereon excepting those improvements, exactions and dedications required of subdivision requests.

(b)

The resultant parcels shall be reviewed to assess the following:

(1)

The resultant parcels comply with the lot sizes, setbacks, and other development criteria of the zoning ordinance and general plan;

(2)

The resultant parcels will have suitable building sites outside of geologic or flood hazard areas, and sensitive "open space" areas;

(3)

The resultant parcels will have legal access to a public road or right-of-way;

(4)

The resultant parcels will have adequate potential for suitable water supply and sewage disposal; and

(5)

The lot design achieves an acceptable and justifiable configuration which fosters sound land use patterns.

(c)

Notwithstanding the above, where existing parcels do not conform with county standards, a lot line adjustment may be approved if it increases the overall conformity of the parcels with the above criteria. The decision-making body will have the discretion to deny such requests, or condition approvals to achieve a greater degree of conformity.

(d)

Where the development of an existing parcel is not feasible because of physical constraints arising from size, shape, soil, geologic conditions, water availability or inaccessibility, and such parcel is proposed to become developable through the lot line adjustment process, the county may deny such requests or require the resultant parcels to comply with the minimum lot size and density of the zoning district.

(e)

For purposes of this section "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social and technological factors. Where an existing parcel would qualify as developable except for lack of one (1) of the following: suitable septic and leachfield site, adequate water supply, or legal access, such parcel shall be considered developable if the shortcoming can be remedied by a recorded easement over an adjacent parcel. Where the developability of an existing parcel is disputed, the burden of proof shall lie with the applicant.

(f)

An adjustment shall not be approved if it increases the overall subdivision potential between adjacent parcels beyond that previously allowed by the density unless such approval is conditioned to require a rezoning to a "B7" or other restrictive zoning.

(g)

Adjustments which involve a parcel within the Williamson Act, may be approved only if the resultant parcels will comply with the county's agricultural preserve guidelines.

(h)

Adjustments which involve sections of railroad right-of-ways may be approved only if: 1) the section of right-of-way is combined with an adjacent legal lot, and 2) the adjustment is consistent with this chapter and the general plan policies regarding railroad right-of-ways.

(Ord. No. 4399 § 6, 1991.)

Sec. 25-70.6. - Authority to condition lot line adjustments.

(a)

The county may only impose conditions of approval to ensure that the adjustment conforms to local zoning and building ordinances, or to facilitate the relocation of existing structures, utilities, infrastructure, sewage systems, water systems, drainage systems or easements. Conditions to be imposed must relate to impacts that are created or made more likely by the lot line adjustment. When requiring conditions of approval, the hearing body shall make such conditions proportionate to the level of impacts or development resultant from the lot line adjustment.

(b)

If a condition or provision cannot be required by the above authority, the hearing body may deny the request; optionally, the applicant may voluntarily include such mitigations or provisions in the project proposal. The hearing body may condition an adjustment as necessary to ensure and secure compliance with any provision of the proposal statement. Conditions may also be attached which inform owners of county requirements related to land use or development.

(Ord. No. 4399 § 6, 1991.)

Sec. 25-70.7. - Completion of lot line adjustments.

(a)

Adjustments shall be finalized by complying with all the conditions of approval and recording a deed which conveys the adjusted lands to the new owner within twenty-four (24) months of the final approval date. Time extensions may be granted in the manner set forth in Section 25-23

(b)

The deed shall reference the lot line adjustment being implemented. The recordation of deeds shall evidence the owner's express and implied intent to extinguish any and all underlying parcels or parcel fragments and to recognize the parcel configuration approved by the decision-making body. A certificate of compliance may be issued on any parcel which has resulted from a duly approved and recorded lot line adjustment.

(c)

An adjustment shall not be recorded until:

(1)

The assessor's office has been notified, by a combining agreement, of the pending changes in parcel configuration;

(2)

The tax collector's office indicates all taxes or assessments due on each parcel are paid or cleared;

(3)

The county surveyor approves all legal descriptions; and

(4)

The planning department ascertains all other conditions of approval are complied with and has stamped the deeds approved.

(d)

Where an adjustment involves a parcel encumbered by a deed of trust or other financing document, such documents shall be modified prior to or concurrently with the recording of the lot line adjustment so as to conform to the newly reconfigured parcel.

(e)

Where an adjustment necessitates a change in zoning district boundaries, such rezoning shall not be finalized until the adjustment is finalized.

(Ord. No. 4399 § 6, 1991.)