HomeMy WebLinkAbout1490ORDINANCE NO. 1490 (2006 Series)
AN ORDINANCE OF THE CITY COUNCIL OF SAN LUIS OBISPO REPEALING
CHAPTER 17.82 AND AMENDING .CHAPTER 16 OF THE MUNICIPAL CODE
THE CITY'S SUBDIVISION REGULATIONS
(TA/ER 153 -04)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on January 11, 2006 and recommended approval-of amendments to the Citywide
subdivision regulations including the repeal of Chapter 17.82, incorporating the condominium
regulations into a revised Chapter 16; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February
21, 2006, for the purpose of considering Application TA/ER 153 -04; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing; and
WHEREAS, the City Council finds that the proposed text amendment is consistent with
the General Plan, the purposes of the Subdivision Map Act, and other applicable City ordinances.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration adequately addresses the potential environmental impacts of
the proposed text amendment to the Subdivision Regulations, and reflects the independent
judgment of the City Council. The Council hereby adopts said Negative Declaration.
SECTION 2. Findings. The City Council makes the following findings:
1. The proposed amendments are necessary to comport with amendments to the State of
California Subdivision Map Act over the past 10 years.
2. The proposed amendments will allow the City's Subdivision Regulations to be consistent
with the description of subdivisions as recognized by the Department of Real Estate and
as provided in the Davis Sterling Act.
01490
Ordinance No. 1490 (2006 Series)
Page 2
3. The proposed amendments will recognize current development trends and allow for the
incorporation of necessary subdivision amenities and appropriate subdivision design
standards as recognized by the City's recently adopted Community Design Guidelines.
4. The proposed amendments are consistent with General Plan policies since the regulations
implement General Plan policies associated with preservation of neighborhood character,
establishment of Open Space, and the preservation of established General Plan density
standards.
5. The proposed amendments will not significantly alter the character of the neighborhoods
or cause significant health, safety or welfare concerns, since the regulations do not alter
the density, character, or allowed uses within the City. Instead, the regulations define the
logical interpretation of ownership boundaries and the municipal procedures surrounding
the establishment of such ownership boundaries.
6. The proposed amendments will not result in significant impacts to the environment;
therefore the draft Negative Declaration is appropriate for the scope of the text
amendment.
SECTION 3. Action. Title 16 (Subdivisions) and Chapter 17.82 (Residential
Condominium Development and Conversion) of the San Luis Obispo Municipal Code are hereby
repealed in their entirety. New Title 16 (Subdivisions), a copy of which, dated March 2006, is on
file in the Office of the City Clerk, and is hereby adopted.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in the Telegram- Tribune, a newspaper published and circulated in this City. This ordinance shall
go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 21st day of February 2006, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 7th day of March 2006, on the following roll call
vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
Ordinance No. 1490 (2006 Series)
Page 3
Mayor David F. Romero
ATTEST:
ULLtg, / dav-4
Audrey Hoo d r
City Clerk
APPROVED AS TO FORM:
Jo P. Lowell
hereby certify that this document a true
ument is
and accurate copy of Ordinance fro Igd C>
and that the Ordinance was published _ _ �,�ant
to Charter Seciio Pursuant
n o )2
Y .
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Date City Clerk
SuBOivision 12eculations
maRch 2006
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contents
Chapter 16.01 GENERAL PROCESSING OVERVIEW FOR SUBDIVISION PROJECTS .............................6
General summary
of San Luis Obispo's review procedures ...................................... ...............................
6
Chapter 16.02
GENERAL PROVISIONS ...................................................................... ..............................8
16.02.010
Title and Authority ................................................................................. ...............................
8
16.02.020
Purpose ................................................................................................ ...............................
8
16.02.030
Conformity to General Plan, Specific Plans and Zoning Regulations .................. I...............
9
16.02.040
Interpretation and Application ............................................................... ...............................
9
16.02.050
Projects Subject to City Subdivision Regulations ................................. ...............................
9
16.02.60
Projects Excluded From Subdivision Regulations ................................. .............................10
16.02.070
Processing Fees ................................................................................. ...............................
10
16.02.080
Withdrawal of Application ..................................................................... .............................10
16.02.090
Effect of Annexation ........................................................................... ...............................
11
16.02.100
Conflict with Public Provisions ............................................................ ...............................
11
16.02.110
Conflict with Private Provisions ........................................................... ...............................
11
16.02.120
Actions by Persons with Interest ......................................................... ...............................
11
Chapter 16.04
REVIEW AUTHORITY ......................................................................... .............................12
16.04.010
City Council ......................................................................................... ...............................
12
16.04.020
Planning Commission ......................................................................... ...............................
12
16.04.030
Community Development Director / Subdivision Hearing Officer ....... ...............................
13
16.04.040
City Public Works Director .................................................................. ...............................
13
16.04.050
City Attorney ....................................................................................... ...............................
14
16.04.060
City Clerk ............................................................................................ ...............................
14
16.04.070
County Recorder ................................................................................. ...............................
14
Chapter 16.08
TYPES OF MAPS REQUIRED ............................................................ .............................16
16.08.010
Subdivisions Creating Four (4) or Fewer Parcels (Minor Subdivision) ...... .............................16
16.08.020
Lot Line Adjustments .......................................................................... ...............................
16
16.08.030
Waiver of Parcel Map Requirement ................................................... ...............................
16
16.08.040
Subdivisions Creating five or More Parcels, Lot Line Adjustments Involving Five or More
Parcels: Tentative Map and Final Map .............................................. ...............................
17
16.08.050
Substituting Parcel Maps for Final Maps ............................................ ...............................
17
16.08.060
Remainder Parcels ............................................................................. ...............................
18
16.08.070
Other Maps Required ......................................................................... ...............................
18
16.08.080
Fees and Deposits .............................................................................. ...............................
18
Chapter16.10
TENTATIVE MAPS .............................................................................. .............................20
16.10.010
Tentative Map Application Requirement ............................................. ...............................
20
16.10.020
Tentative Map: Form and Contents ..................................................... .............................20
16.10.030
Other Material to Accompany Tentative Map ..................................... ...............................
23
16.10.040
Submittal to Community Development Department ........................... ...............................
25
16.10.050
Time Limits for City Review ................................................................. ...............................
25
16.10.060
Environmental Review ........................................................................ ...............................
26
16.10.070
Notice of Public Hearing on Tentative Map ........................................ ...............................
26
16.10.080
Staff Reports and Recommendations ................................................ ...............................
27
16.10.090
Public Hearings ................................................................................... ...............................
28
16.10.100
Tentative Map Action: Extension of Time ........................................... ........:......................
28
16.10.110
Submission of Revised Tentative Map ............................................... ...............................
28
16.10.120
Required Findings for Tentative Map Approval .................................. ...............................
28
16.10.130
Mandatory Denial of Tentative Maps .................................................. ...............................
29
16.10.140
Appeal of Director's or Planning Commission's Action on a Tentative Map ......................
30
16.10.150
Expiration of Approved Tentative Maps .............................................. ...............................
30
16.10.155
Time Extension for Parcel or Final Maps ............................................ ...............................
30
16.10.160
Correction and Amendment of Approved Tentative Maps ................. ...............................
31
2
Chanter 16.12 VESTING TENTATIVE MAPS ............................................................... .............................32
16.12.010 Applicability ........................................................................................... .............................32
16.12.020
Application Procedures and Requirements ........................................ ...............................
32
16.12.025
Development inconsistent with Zoning- Conditional Approval ............ ...............................
33
16.12.030
Failure to Obtain Architectural Review Approval ................................ ...............................
34
16.12.040
Approval of Vesting Tentative Map ..................................................... ...............................
34
16.12.045
Development Rights ........................................................................... ...............................
34
16.12.050
Duration of Vested Rights ................................................................... ...............................
34
Chapter 16.14
PARCEL AND FINAL MAPS ................................................................ .............................36
16.14.010
Application Submittal .......................................................................... ...............................
36
16.14.020
Failure to File in Time ......................................................................... ...............................
36
16.14.030
General Preparation Requirements .................................................... ...............................
36
16.14.040
Map Form and Contents ..................................................................... ...............................
37
16.14.050
Parcel Map Form and Contents .......................................................... ...............................
39
16.14.060
Title Sheet.......... .................................................................................. ...............................
40
16.14.070
Statements, Documents and Other Data to Accompany Parcel and Final Map ................
41
16.14.080
Action of Public Works Director .......................................................... ...............................
43
16.14.090
Council Action on Final Subdivision Maps .......................................... ...............................
44
16.14.100
Filing with the County Recorder .......................................................... ...............................
44
16.14.110
Multiple Parcel or Final Maps ............................................................. ...............................
44
16.14.120
Corrections and Amendments to Subdivision Maps ........................... ...............................
45
16.16.010
Certificates of Compliance .................................................................. ...............................
47
16.16.020
Lot Line Adjustments .......................................................................... ...............................
49
16.16.030
Lot Combinations / Voluntary Mergers ............................................... ...............................
51
16.16.040
Reversions to Acreage ....................................................................... ...............................
52
16.16.050
Merger and Re- Subdivision ................................................................ ...............................
53
Chapter 16.17
COMMON INTEREST SUBDIVISIONS AND CONDOMINIUM CONVERSIONS
16.17.010
Purpose and Applicability .................................................................... ...............................
54
16.17.020
Application requirements for Common Interest Subdivisions ............. ...............................
55
16.17.030
Property improvement standards for Common Interest Subdivisions ...............................
55
16.017.040
Application requirements for Condominium Conversions .................. ...............................
58
16.17.050
Tenant provisions for Condominium Conversions .............................. ...............................
60
16.17.060
Required findings for Condominium Conversions .............................. ...............................
60
16.017.070
Property improvement standards for condominium conversions ....... ...............................
61
16.17.080
Condominium Conversion limit procedure .......................................... ...............................
62
16.17.090
Exceptions to Chapter 16.17 .............................................................. ...............................
63
Chapter 16.18
GENERAL SUBDIVISION DESIGN STANDARDS .............................. .............................65
16.18.010
Purpose and Applicability .................................................................... ...............................
65
16.18.020
General Design Requirements ........................................................... ...............................
65
16.18.030
......................................................................... ...............................
Lot Dimensions ....... ...
66
16.18.040
Location of Lot Lines ........................................................................... ...............................
66
16.18.050
Depth -Width Relationship ..................................................................... .............................66
16.18.060
Flag Lots (deep lot subdivision) .......................................................... ...............................
66
16.18.070
Multiple Frontages .............................................................................. ...............................
68
16.18.080
Street Layout and Alternative Design standards ................................ ...............................
68
16.18.100
Access restrictions .............................................................................. ...............................
72
16.18.110
Alleys .................................................................................................. ............................... 72
16.18.120
Street Names ...................................................................................... ............................... 72
16.18.130
Hillside Subdivisions ........................................................................... ............................... 72
16.18.140
Location of Development .................................................................... ............................... 73
16.18.150
Agricultural Buffers ............................................................................. ...............................
73
16.18.155
Natural Resource Preservation, creeks, wetlands and native habitats .............................
74
16.18.160
Energy Conservation .......................................................................... ...............................
74
16.18.170
Easements for Solar Access .............................................................. ...............................
75
3
Chapter 16.20
PHYSICAL IMPROVEMENT STANDARDS AND PROCEDURES .... .............................77
16.20.010
General Requirements ....................................................................... ...............................
77
16.20.020
Required Improvements ..................................................................... ...............................
78
16.20.030
Preparation and Form of Improvement Plans .................................... ...............................
79
16.20.040
Grading Plan ....................................................................................... ...............................
79
16.20.050
Plan Check Fees ................................................................................ ...............................
79
16.20.060
Commencement of Improvements ..................................................... ...............................
79
16.20.070
Inspection of Improvement Work ....................................................... ...............................
79
16.20.080
Coordination of Improvement Work ................................................... ...............................
80
ImprovementsWaived ........................................................................ ...............................
80
16.20.100
Over - sizing Improvements .................................................................... .............................80
16.20.110
Reimbursement .................................................................................... .............................80
16.20.120
Improvement Agreement .................................................................... ...............................
81
16.20.130
Form, Filing, and Terms of Improvement Agreement ........................ ...............................
81
16.20.140
Minimum Agreement Provisions ......................................................... ...............................
82
16.20.150
Additional Agreement Provisions ........................................................ ...............................
82
16.20.160
Improvement Security Required ......................................................... ...............................
83
16.20.170
Form, filing, and Term of Improvement Security ................................ ...............................
83
16.20.180
Labor and Materials ............................................................................ ...............................
83
16.20.190
Liability for Alterations or Changes ..................................................... ...............................
83
Release of Improvement Security: Assessment District Proceedings ...............................
84
16.20.210
Release of Improvement Security: Completion of Work .................... ...............................
84
16.20.220
Withholding Building Permits .........................................:.................... ...............................
84
16.20.230
Acceptance of Improvements ............................................................. ...............................
84
16.20.240
Deferral of Improvements for Parcel Maps ......................................... ...............................
85
Chapter16.22
DEDICATIONS .................................................................................. ...............................
86
16.22.010
General Requirements ....................................................................... ...............................
86
Offer to Dedicate Easements to Remain Open .................................. ...............................
87
16.22.030
Waiver of Direct Street Access ........................................................... ...............................
87
16.22.040
Parkland Dedication - Requirement ...................................................... ...............................
87
16.22.050
Parkland Dedication - General Standards ............................................ ...............................
87
16.22.060
Parkland Dedication - Exceptions and In -lieu Fees .............................. ...............................
87
16.22.070
Parkland Dedication - Partial Credit for School Sites and Private Open Space ..................
88
16.22.080
Parkland Dedication -Fees in Lieu of Land Dedication ........................ ...............................
88
16.22.090
Parkland Dedication- Procedures ........................................................ ........................:......
89
16.22.100
Parkland Dedication - Specific Plan Provisions .................................... ...............................
89
16.22.110
Title Insurance for Dedication ..................................... : .................................. :...................
89
Chapter 16.23
EXCEPTIONS, APPEALS, AND APPLICATION RESUBMITTAL 90
16.23.010
Exception Authority ............................................................................. ...............................
90
16.23.020
Required Findings and Conditions for Exceptions .............................. ...............................
90
16.23.030
Exceptions Considered with Tentative Map ........................................ ...............................
91
16.23.040
Appeal Procedures ............................................................................. ...............................
91
Re- submittal of Similar Applications ................................................... ...............................
91
Chapter 16.24
VIOLATIONS AND ENFORCEMENT .................................................. .............................93
16.24.010
Generally ............................................................................................ ...............................
93
16.24.020
Illegal Subdivisions - Notification of Community Development Director Required ..............
93
16.24.030
Illegal Subdivisions - Permit Issuance Prohibited ................................. ...............................
93
Chapter16.26
DEFINITIONS ....................................................................................... .............................94
16.26.010
Generally ............................................................................................ ...............................
95
16.26.020
Advisory Agency ................................................................................... .............................95
16.26.030
Alley .................................................................................................... ...............................
95
16.26.040
Applicant ............................................................................................. ...............................
95
16.26.050
Association ......................................................................................... ...............................
95
16.26.060
Average Cross Slope .......................................................................... ...............................
95
4
16.26.070
Common Interest Subdivision / Condominium ................................... ............................... 95
16.26.080
Condominium Conversion .................................................................. ...............................
96
16.26.090
Day ..................................................................................................... ..........:....................
96
16.26.100
Distance ................................................................................................ .............................97
16.26.110
Environmental Impact Report ............................................................. ...............................
97
16.26.120
Final Map ............................................................................................ ...............................
97
16.26.130
Flag Lot ............................................................................................... ...............................
97
16.26.140
Flood Hazard ...................................................................................... ...............................
97
16.26.150
Future Street ....................................................................................... ...............................
97
16.26.160
General Plan ....................................................................................... ...............................
97
16.26.170
Geologic Hazard ................................................................................. ...............................
97
16.26.180
Lot ......................................................................................................... .............................97
16.26.190
Lot Line Adjustment ............................................................................ ...............................
98
16.26.200
Lot Width ............................................................................................ ...............................
98
16.26.210
Lot Depth ............................................................................................ ...............................
98
16.26.220
Lot Line, Front ..................................................................................... ...............................
98
16.26.230
Lot Line, Rear ..................................................................................... ...............................
98
16.26.240
Lot Line, Side ...................................................................................... ...............................
98
16.26.250
Merger ................................................................................................ ...............................
98
16.26.260
Minor Subdivision ............................................................................... ...............................
98
16.26.270
Nonresidential Subdivision ................................................................. ...............................
98
16.26.280
Path .................................................................................................... ...............................
99
16.26.300
Private Road Easement ...................................................................... .............:.................
99
16.26.310
Remainder ............................................................................................ .............................99
16.26.320
Reversion to Acreage ......................................................................... ...............................
99
16.26.330
Right -of- Way ......................................................................................... .............................99
16.26.340
Roadway ............................................................................................... .............................99
16.26.350
Slope ..................................................................................................... .............................99
16.26.360
Specific Plan ....................................................................................... ............................... 99
16.26.370
Stock Cooperative ............................................................................ ...............................
100
16.26.380
Street ................................................................................................ ...............................
100
16.26.390
Street Tree ........................................................................................ ...............................
100
16.26.400
Subdivider ............................................................. ............................... ............................100
16.26.410
Subdivision ....................................................................................... ...............................
100
16.26.420
Subdivision Map Act ........:................................................................ ...............................
101
16.26.430
Tentative Map ................................................................................... ...............................
101
16.26.440
Vesting Tentative Map ...................................................................... ...............................
101
tABICS
Table-11 Level of Review by Subdivision Proiect ........................................... .............................15
Table 2 Maps Required For Various Subdivision Proiects .......................... .............................19
Table 3 Minimum Lot Area and Dimensions .................. ............................... ............................102
Chapter 16.01 GENERAL PROCESSING OVERVIEW FOR
SUBDIVISION PROJECTS
WHY REGULATE SUBDIVISIONS?
Property lines, streets, parks and open spaces establish a community's long term development pattern,
and distinguish the physical identity of one community from another. In California, local governments are
required by law (the Subdivision Map Act) to adopt an ordinance regulating subdivisions within that
agency's jurisdiction. Subdivision regulations help determine who will pay for the public improvements
needed to accommodate growth and help ensure the creation and preservation of adequate land records.
They also protect consumers and the environment by establishing design and improvement standards for
lot size, building spacing, drainage, access, resource buffer zones, .provision of utilities, and solar access.
GENERAL SUMMARY OF SAN LUIS OBISPO'S REVIEW PROCEDURES
A summary of the City's procedure for handling subdivision projects is included. below. It provides an over-
view of the steps typically involved in subdividing a parcel of land:
The applicant submits an initial application, tentative map and processing fees to the Community De-
velopment Department. The Subdivision Map Act requires most subdivision maps to be prepared by a
licensed surveyor or registered civil engineer authorized to practice land survey activities.
2. City staff, and sometimes staff from other agencies, review the application for completeness. Staff will
notify the applicant when the project is ready for processing or that additional information is necessary.
3. For projects that are subject to environmental review under the California Environmental Quality Act
(CEQA), a separate application and fee is required and staff will prepare an initial study to identify po-
tential environmental impacts and recommended mitigation. If the project can be modified to avoid
significant impacts, a Negative Declaration (ND), or Mitigated Negative Declaration (MND) is prepared.
If significant negative impacts cannot be avoided by modifying the project or adding mitigation meas-
ures as conditions of subdivision approval, an Environmental Impact Report (EIR) must be prepared.
4. Once applications are complete and CEQA requirements for environmental review, if any, have been
met, staff evaluates the project to see if it meets the design and improvement standards specified by
these regulations and prepares a report with a recommendation for project approval or denial. The
project is then scheduled for action. Depending on the type of subdivision, the Community Develop-
ment Director, the Planning Commission, or the City Council will review the subdivision. The subdivi-
sion proposal may be approved, denied, or approved subject to conditions. Conditions may include
(but aren't limited to) dedication of land, physical improvements to the site or to an off site location,
street improvements, and provision of utilities.
2
5. If approved, the applicant will need to file a Final or Parcel map (or other documents and exhibits for
recordation) to the Public Works Department. Maps and documents are recorded with the County Re-
corder's Office once all required subdivision improvements have been completed or bonded for, and all
conditions of project approval have been met or ensured. Time limits for submitting required material
or completing conditions of approval are discussed in Section 16.10.050. Recordation of the map is
usually the final process that establishes the subdivision.
NOTE: Application requirements are described in detail in Chapters 16.10 through 16.17.
7
Chapter 16.02 GENERAL PROVISIONS
This chapter describes the authority, purpose, applicability, and other general provisions of these
regulations.
Sections:
16.02.010 Title and Authority
16.02.020 Purpose
16.02.025 Conformity to General Plan, Specific Plans and Zoning Regulations
16.02.030 Interpretation and Application
16.02.040 Projects Subject to City Subdivision Regulations
16.02.050 Projects Excluded From City Subdivision Regulations
16.02.060 Processing Fees
16.02.070 Withdrawal of Application
16.02.080 Effect of Annexation
16.02.090 Conflict with Public Provisions
16.02.100 Conflict with Private Provisions
16.02.110 Actions by Persons with Interest
16.02.010 TITLE AND AUTHORITY
A. This title of this section of the Municipal Code shall be known and cited as the "Subdivision Regula-
tions of the City."
B. Nothing in this section shall be read to limit the right of the City, as a charter city, to enact additional
provisions concerning the division of land as are deemed necessary to protect the public health, safety
and general welfare.
C. Approval or conditional approval of a subdivision map shall not excuse applicants from meeting other
applicable provisions of this code or other applicable ordinances, rules, regulations and policies
adopted by the City.
16.02.020 PURPOSE
These regulations are adopted to supplement and implement the provisions of the Subdivision Map Act
pertaining to the design, improvements and survey data of subdivisions, as a 'local ordinance" as that term
is used in that act. All provisions of the Subdivision Map Act and future amendments thereto not incorpo-
rated in these regulations shall apply to all subdivisions, subdivision maps and proceedings under the fol-
lowing regulations.
Additionally, the regulations codified in this title are adopted for the following purposes:
A. To protect and provide for the public health, safety and general welfare;
B. To guide the development of the City in accordance with the General Plan and specific plans;
93
C. To ensure that real property, which is to be divided, can be used without danger to inhabitants or prop-
erty due to fire, flood, soil instability, noise or other hazard;
D. To ensure that proper provision will be made for traffic circulation, public utilities, facilities, and other
improvements within the subdivided land and within the City as a whole pursuant to the Circulation Ele-
ment of the General Plan;
E. To protect and enhance the value of land and improvements and to minimize conflicts among the uses
of land and buildings;
F. To protect potential buyers and inhabitants by establishing standards of design, and by establishing
procedures which ensure proper legal description and monumenting of subdivided land;
G. To protect the natural and cultural resources of the community, including topographic and geologic
features, historic sites and structures, solar exposure, watercourses, wildlife habitats and scenic vistas,
and to provide reasonable public access to such resources;
H. To enable innovations in subdivision procedures which facilitate development that will best reflect the
capability of the land to support a desirable living environment.
16.02.030 CONFORMITY TO GENERAL PLAN, SPECIFIC PLANS AND
ZONING REGULATIONS
No land shall be subdivided and developed for any purpose which is not in conformity with the General
Plan and any specific plan of the City or permitted by the Zoning Regulations or other applicable provisions
of the Municipal Code. The type and intensity of land use as shown on the General Plan shall determine
the type of streets, roads, highways, utilities and public services that shall be provided by the subdivider.
The Subdivision Regulations are an implementation tool for General Plan Policy. Appendix 1 lists a sum-
mary of General Plan policies that are implemented by these regulations.
16.02.040 INTERPRETATION AND APPLICATION
In their interpretation and application, these regulations shall be held to be the minimum requirements for
the promotion of the public health, safety and general welfare.
16.02.050 PROJECTS SUBJECT TO CITY SUBDIVISION
REGULATIONS
The regulations shall apply to all parts of subdivisions within the City of San. Luis Obispo and to the prepa-
ration of subdivision maps and to other maps provided for by the Subdivision Map Act. Except as noted in
Section 16.02.050, each subdivision and each part thereof lying within the City shall be made and each
map shall be prepared and presented for approval as provided for and required by these regulations.
D
16.02.60 PROJECTS EXCLUDED FROM SUBDIVISION REGULATIONS
The following are not considered subdivisions and are therefore excluded from tentative and parcel or final
map requirements:
1. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings,
industrial buildings, commercial buildings, mobile home parks or trailer parks.
2. Mineral, oil, or gas leases.
3. Land dedicated for cemetery purposes under the State Health and Safety Code.
4. A lot line adjustment between four or fewer existing adjoining parcels, where land taken from one
parcel is added to an adjoining parcel, and where a greater number of parcels than originally ex-
isted is not thereby created.
5. Any separate assessment under Section 2188.7 of the State Revenue & Taxation Code for com-
munity apartment or cooperative housing projects.
6. The conversion of a residential community apartment project or a stock cooperative to a condo-
minium if the requirements of Sections 66412 (g) and (h) of the Subdivision Map Act are met.
7. The financing or leasing of any parcel of land, or any portion, for the construction of commercial or
industrial buildings on a single parcel, when the project is subject to planned development or use
permit approval pursuant to the zoning regulations.
8. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
9. The construction, financing or leasing of second residential units pursuant to the zoning regula-
tions.
10. Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.
11. Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financ-
ing, erection, and sale or lease of a wind powered electrical generation device which is subject to
discretionary action by the City.
16.02.070 PROCESSING FEES
A fee, established by resolution of the City Council, is required for all applications and plan checks required
or permitted by this title or the Subdivision Map Act. A list of application fees is available in the Community
Development and Public Works Departments.
16.02.080 WITHDRAWAL OF APPLICATION
10
Requests for withdrawal of a subdivision application shall be submitted in writing to the Community Devel-
opment Director. Refunds, if due, will be based on the amount of work completed at the time of withdrawal
request. No refunds will be granted following publication of the first staff report for the applicable subdivi-
sion hearing.
16.02.090 EFFECT OF ANNEXATION
Any subdivision subject to annexation to the City shall comply with the Subdivision Map Act.
16.02.100 CONFLICT WITH PUBLIC PROVISIONS
These regulations are not intended to annul any other law or regulation. Where any provision of these
regulations imposes restrictions different from those imposed by any other provision of these regulations or
any other regulation or law, whichever provisions are more restrictive or impose higher standards shall
control.
16.02.110 CONFLICT WITH PRIVATE PROVISIONS
These regulations are not intended to abrogate any easement, covenant or any other private agreement or
restriction. Where the provisions of these regulations are more restrictive or impose higher standards, and
such private provisions are not inconsistent with these regulations or determinations there under, then
such private provisions shall be operative and supplemental to these regulations.
16.02.120 ACTIONS BY PERSONS WITH INTEREST
When any provisions of the Subdivision Map Act or of these regulations require the execution of any cer-
tificate or affidavit or the performance of any act oqf a person in his official capacity who is also a sub-
divider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be
performed by some other person duly qualified therefore and designated so to act by the Council.
11
Chapter 16.04 REVIEW AUTHORITY
This chapter describes the duties and responsibilities of those authorized to review and act on subdivisions
governed by these regulations.
Sections:
16.04.010 City Council
16.04.020 Planning Commission
16.04.030 Community Development Director /Subdivision Hearing Officer
16.04.040 City Public Works Director
16.04.050 City Attorney
16.04.060 City Clerk
16.04.070 County Recorder
16.04.010 CITY COUNCIL
A. The City Council shall review and have final approval authority for:
1. Subdivisions processed in conjunction with a rezoning or any amendment to either the zoning
regulations or the General Plan.
2. Subdivision improvement agreements, and the acceptance by the City of lands and /or improve-
ments as may be proposed for dedication in conjunction with final maps.
3. Right of way abandonment.
B. The City Council shall act on all appeals of action taken by the Planning Commission on subdivisions
governed by these regulations.
16.04.020 PLANNING COMMISSION
A. The Planning Commission shall review and make recommendations on:
1. All tentative map applications for subdivisions of five (5) or more lots or units. The Commission's
action shall be in the form of a recommendation to City Council for approval, conditional approval, or
denial.
2. Tentative map applications that also involve concurrent processing of a rezoning, an amendment
to the zoning regulations or the General Plan, residential condominium conversion, or any other legis-
lative action. The Commission's action shall be in the form of a recommendation to City Council for ap-
proval, conditional approval, or denial.
12
3. Tentative maps for minor subdivisions with requested exceptions to subdivision standards, provid-
ing they are not in conjunction with items listed in the preceding paragraph. The Commission may take
final action on these items.
4. Residential condominium conversion requests. The Commission's action shall be in the form of a
recommendation to City Council for approval, conditional approval, or denial.
16.04.030 COMMUNITY DEVELOPMENT DIRECTOR / SUBDIVISION
HEARING OFFICER
A. The Director shall review and have the authority to act on:
1. Tentative maps for minor subdivisions not in conjunction with a rezoning, an amendment to either
the zoning regulations or the General Plan, residential condominium conversion, or any other leg-
islative action.
2. Lot line adjustments.
4. Lot combinations (voluntary mergers).
5.. Certificates of compliance.
6. Conditional certificates of compliance.
7. Commercial condominium conversions together with a tentative map, for project eligible to record
a Parcel rather than a Final map, pursuant to Section 66426(c) of the Subdivision Map Act.
8. Parcel map waivers.
9. Time extension requests for filing Parcel or Final maps.
10. Minor amendments to tentative maps (see Section 16.10.150)
B. The Director shall be responsible for responding to any notice of violation pursuant to Section
66499.36 of the Subdivision Map Act.
C. The Director may appoint a Subdivision Hearing Officer to act on any or all of the subdivision projects
within the purview of the Director as authorized by these subdivision regulations.
D. The Director, at his or her sole discretion, may refer subdivision projects within the purview of the Di-
rector to the Planning Commission or City Council for action.
16.04.040 CITY PUBLIC WORKS DIRECTOR
A. The City Public Works Director (or designee of) shall be responsible for:
13
1. Developing public improvement design standards and construction details and specifications for
subdivision improvements, consistent with land use development and conservation goals stated in
the General Plan and all implementing ordinances and guideline documents.
2. Reviewing all subdivision projects to determine if proposed subdivision improvements comply with
the provisions of these and other City regulations and with the Subdivision Map Act.
3. Processing parcel and final maps, and reversion to acreage maps, to determine if they are in sub-
stantial compliance with approved or conditionally approved tentative maps, and certifying such by
signature on the parcel or final maps to be filed with the County Recorder.
4. Inspection and approval or rejection of subdivision improvements.
5. Recording notices of completion of private subdivision improvements that are. not to be maintained
by the City.
6. Coordinating the filing of all maps and associated documents and exhibits with the County Re-
corder.
B. The City Public Works Director (or designee of) shall make recommendations to accept, accept subject
to improvement, or reject lands and /or improvements as may be proposed for dedication to the City for
minor subdivisions, and shall so certify by signature on the parcel map.
16.04.050 CITY ATTORNEY
The City Attorney shall be responsible for approving as to form all subdivision improvement agreements,
easements, and offers of dedication. The City Attorney shall also review and approve as to form any no-
tice of violation before it is forwarded to the County Recorder.
16.04.060 CITY CLERK
The City Clerk shall certify actions taken by the City Council by signature on: 1) all resolutions approving
subdivisions acted on by the Council; and 2) the title sheet of the parcel or final maps.
16.04.070 COUNTY RECORDER
The County Recorder is responsible for entering all maps and documents to be recorded into the official
public record. The date of recordation is the date on which a subdivision is established for purposes of
these regulations., The Recorder certifies maps as acceptable for recordation by signature on the title
sheet of the parcel or final map.
14
TABLE 1
LEVEL OF REVIEW BY SUBDIVISION PROJECT
APPLICATION TYPE
DECISION MAKER
APPEAL
ENVIRONMENTAL
BODY
REVIEW?
Lot line adjustment, Lot combination (Volun-
Director
Planning
tary merger)
(No hearing)
Commission
No*
Certificate of compliance
Director
Planning
No*
No hearing)
Commission
Conditional certificate of compliance
Hearing Officer
Planning
Commission
No*
Tentative map for subdivision of 4 or fewer lots
Planning
with no concurrent rezoning or other legislative
Hearing Officer
Commission
No*
action (1).
Tentative map for subdivision of 4 or fewer lots
Planning
with exceptions but no concurrent rezoning or
Commission
Council
Yes
other legislative action
City Public Works
Parcel map
Director
Council
No*
No hearing)
Tentative map for subdivision of 5 or more
Planning Commission re-
lots, and all other maps with concurrent proc-
views /recommends; Council takes
-
Yes
essing of rezoning or other legislative action.
final action
Final map
Council
No*
Planning Commission reviews;
No
Residential condominium conversion
Council takes final action
Commercial condominium conversion
Director
Council
No*
Reversion to Acreage
Planning Commission
Council
No*
Minor amendments to tentative maps and time
Planning
extensions
Director
Commission
No*
Environmental review may be required if the Director determines there are special site - specific circumstances
such as significant slopes or cultural and natural resources, or if exceptions are requested.
1. Some maps involving commercial property with greater than 4 lots may fit this category.
15
Chapter 16.08 TYPES OF MAPS REQUIRED
This section describes the Subdivision Map Act requirement for types of maps to be submitted as part of
various subdivision project applications.
16.08.010 Subdivisions Creating Four or Fewer Parcels
16.08.020 Lot Line Adjustments
16.08.030 Waiver of Parcel Map Requirement
16.08.040 Subdivisions and Lot Line Adjustments Creating or Involving 5 or More Parcels
16.08.050 Substituting Parcel Maps for Final Maps
16.08.060 Remainder Parcels
16.08.070 Maps Required for Other Types of Subdivision Projects
16.08.080 Fees and Deposits
16.08.010 SUBDIVISIONS CREATING FOUR (4) OR FEWER PARCELS
(MINOR SUBDIVISION)
Unless exempt under the provisions of Section 16.02.050 or waived pursuant to Section 16.08.030, a Ten-
tative or Vesting Tentative map are required for all subdivisions creating four (4) or fewer lots including
condominium, townhouse, stock cooperative apartment or community apartment projects containing four
(4) or fewer lots. A parcel map is utilized to record a minor subdivision.
16.08.020 LOT LINE ADJUSTMENTS
If consistent with this section, and the Subdivision Map Act Section 66412.d, a tentative map and parcel
map is not required for a lot line adjustment between four or fewer existing adjoining parcels where the
land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than
originally existed is not thereby created. Instead a map exhibit (drawn to appropriate scale and detail as
determined by the Community Development Department) shall be submitted. The final lot line adjustment
may be reflected in a deed, which shall be recorded. As an alternative, a parcel map may be utilized to
record a lot line adjustment.
16.08.030 WAIVER OF PARCEL MAP REQUIREMENT
A. Parcel maps may be waived pursuant to Sections 66428 and 66428.1 of the Subdivision Map Act for
the following:
1. Divisions of real property or interests therein created by probate, eminent domain procedures, par-
tition, or other civil judgments or decrees.
2. Divisions of real property resulting from the conveyance of land or any interest therein to or from
the City, public entities, or public utilities for a public purpose, such as school sites, public building
sites, or right-of-way or easements for streets, sewers, utilities, drainage, or other public facilities.
3. Any other division of real property which would otherwise require a parcel map.
16
B. The provisions of this Section do not apply if rezoning is required or requested.
C. A subdivider wishing to request a waiver of the parcel map requirement shall include such request with
his or her application for tentative map approval.
D. The decision to waive the parcel map requirement shall be made as part of the action taken on the ten-
tative map, and only upon making a finding that the proposed division of land complies with require-
ments as to lot area, physical improvement and design standards, floodwater drainage control, appro-
priate improved public roads, sanitary disposal facilities, water supply availability, utility installation, en-
vironmental protection, and other requirements of these regulations, other City ordinances, and the
Subdivision Map Act.
E. A parcel map waiver may be conditioned to provide for the payment of park land dedication and any
other fees generally applied to subdivision projects.
F. Such waiver automatically constitutes approval for the issuance of a certificate of compliance as speci-
fied in Section 66499.35 of the Subdivision Map Act. When the parcel map requirement has been
waived, the Director shall, within ninety (90) days and without further application and proceedings, file
the certificate of compliance and a map exhibit showing the land division with the County Recorder.
16.08.040 SUBDIVISIONS CREATING FIVE OR MORE PARCELS,
LOT LINE ADJUSTMENTS INVOLVING FIVE OR MORE PARCELS:
TENTATIVE MAP AND FINAL MAP
Unless exempt under Section 16.02.050 or qualified for processing pursuant to Section 16.08.040 below, a
tentative or vesting tentative and final map are required for all subdivisions creating five (5) or more par-
cels, Lot Line Adjustments involving five or more parcels, residential condominiums and townhouses with
five or more units, stock cooperative apartment units, or a community apartment project containing five (5)
or more parcels. A final map is utilized as the recording instrument for a subdivision involving five or more
parcels.
16.08.050 SUBSTITUTING PARCEL MAPS FOR FINAL MAPS
For the subdivisions listed below a parcel map may be submitted in place of the final map, and therefore
the application may be processed as a minor subdivision.
1. The land before division contains less than five acres, each parcel created by the division abuts a
maintained public street, highway, or other approved access, and no dedications or improvements
are required; or
2. Each parcel created by the division has a gross area of 20 acres or more and has an approved ac-
cess to a maintained public street or highway; or
3. The land consists of a parcel or parcels of land (or airspace condominiums) having approved ac-
cess to a public street or highway, which is comprised of land zoned for industrial or commercial
17
development, and which has the approval of the governing body as to street alignments and
widths, or
4. Each parcel created by the division has a gross area of 40 acres or more or is not less than a quar-
ter of a quarter section.
5. The land being subdivided is solely for the creation of an environmental subdivision pursuant to
Section 66418.2 of the Subdivision Map Act,
16.08.060 REMAINDER PARCELS
A remainder parcel is that portion of an existing parcel that is not divided for the purpose of sale, lease, or
financing. If a subdivider elects to designate a remainder, that remainder must be shown on the tentative
map, however, the designated remainder shall not be counted as a parcel for the purpose of determining
whether a parcel or final map is required. A designated remainder is not considered a legal lot under the
provisions of these regulations until a certificate of compliance or conditional certificate of compliance has
been recorded. (Also see Section 16.20.020 regarding remainder parcels and required fees and improve-
ments.)
16.08.070 OTHER MAPS REQUIRED
Map requirements for other types of subdivision projects are summarized on the following page in Table 2,
Maps Required for Various Subdivision Projects.
16.08.080 FEES AND DEPOSITS
All persons submitting maps as required by this chapter shall pay all fees and /or deposits as provided by
the City's resolution establishing fees and charges.
18
TABLE 2 MAPS REQUIRED FOR VARIOUS SUBDIVISION PROJECTS
PROJECT TYPE
MAPS REQUIRED
NOTES
Subdivisions creating 4 or fewer lots or con-
Tentative map or vesting tentative map
Parcel map requirement may be
dominiums
and parcel map
waived, pursuant to Section
16.08.020
Subdivisions creating 5 or more lots or con-
Tentative map or vesting tentative map
Parcel map may be substituted
dominiums
and final map
for final map, pursuant to Section
16.08.040
Lot line adjustments between four or fewer
Map exhibit, drawn to scale, and suit-
Tentative map or record of sur-
existing adjoining parcels as described in the
able for recording
vey may be submitted with the
SMA 66412 d
application
Lot line adjustments between five or more
Tentative map or vesting tentative map
Parcel map may be substituted
existing adjoining parcels
and final map
for final map, pursuant to Section
16.08.040
Lot combinations (voluntary mergers)
Map exhibit, drawn to scale, and suit-
Tentative map or record of sur-
able for recording
vey may be submitted with the
application
Certificates of compliance and Conditional
Map exhibit, drawn to scale, and suit-
Also needed: legal descriptions
certificates of compliance
able for recording
prepared by a qualified individual
will also be required.
Residential or commercial condominium
Tentative map or vesting tentative map
Commercial condominium pro -
conversions
and parcel or final map, depending on
jects may submit a parcel map
the number of lots created
rather than a final map, pursuant
to Section 16.08.040
19
Chapter 16.10 TENTATIVE MAPS
This chapter describes tentative map application requirements, review procedures, and required findings
for approval or denial. A "tentative" or "vesting tentative" map is the map initially reviewed for either a "par-
cel" or "final" map subdivision.
Sections:
16.10.010
Tentative Map Application Requirement
16.10.020
Tentative Map: Form and Contents
16.10.030
Other Material to Accompany Tentative Map
16.10.040
Submittal to Community Development Department
16.10.050
Time Limits for City Review
16.10.060
Environmental Review
16.10.070
Notice of Public Hearing on Tentative Map
16.10.080
Staff Reports and Recommendations
16.10.090
Public Hearings
16.10.100
Tentative Map Action: Extension of Time
16.10.110
Submission of Revised Tentative Map
16.10.120
Required Findings for Tentative Map Approval
16.10.130
Mandatory Denial of Tentative Maps
16.10.140
Appeal of Director's Action on a Tentative Map
16.10.150
Expiration of Approved Tentative Maps
16.10.155
Time Extension for Submitting Parcel or Final Maps
16.10.160
Correction and Amendment of Approved Tentative Maps
.16.10.010 TENTATIVE MAP APPLICATION REQUIREMENT
The subdivider shall provide the Community Development Department with a completed application form
and as many copies of the tentative map and supplementary material as requested by the Community De-
velopment Director (minimum of ten copies), a copy of the tentative map reduced to eight and one -half
inches by eleven inches and a digital copy on compact disc or e- mailed to the City in PDF format.
TENTATIVE MAP: FORM AND CONTENTS
The tentative map shall be prepared by or under the direction of a licensed land surveyor or a State regis-
tered civil engineer authorized to practice land surveying. The map shall consist of one or more sheets, all
of equal size. The scale of the map shall be one (1) inch equals one hundred (100) feet or larger (not to be
in metric unless conversion units are noted on the map for each dimension). If necessary to provide the
proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly
shown on each.
20
Note: All maps shall contain the following information and be folded to a maximum size of 8 % "x 14"
I with the title block clearly visible:
A. Key data. The County issued map number, subdivider name if any, date of preparation, north arrow,
and if based on a survey, the date of the survey.
B. Preparer identification. Name, address, and telephone number of the person or entity which pre-
pared the map and the applicable registration or license number.
C. Persons with interest. Names, addresses, and telephone numbers of the subdivider and all parties
having a recorded title of interest in the property being subdivided.
D. Boundaries. The boundaries of the subdivision, defined by legal description, with sufficient informa-
tion to locate the property and to determine its position with respect to adjacent named or numbered
subdivisions, if any.
E. Topography. Existing and proposed topographic information shall be. provided and shall be tied to the
City's datum. Contour lines shall have the following intervals:
1. Two -foot contour interval for ground slope between level and ten percent; and
2. Five -foot contour interval for ground slope exceeding ten percent. Contours of adjacent land shall
also be shown whenever the surface features of such land affect the design or development of the
proposed subdivision.
F. Vegetation. The approximate location, height, trunk diameter and general description of any trees
over three inches in diameter at the trunk with notations as to their proposed retention or destruction,
and approximate location and notations as to the general type of vegetation in areas not occupied by
trees.
G. Structures. The location and outline to scale of all existing structures within the subdivision and all
structures outside the subdivision and within ten feet of the boundary lines, the distances between
structures to be retained and existing or proposed street and lot lines, and notations concerning
whether structures are to be retained or removed.
H. Public easements. The locations, widths and purposes of all existing and proposed easements for
utilities, drainage and other public purposes, shown by dashed lines, within and adjacent to the subdi-
vision (including proposed building setback lines, if known).
Utilities. All existing and proposed utilities including, but not limited to, size of water lines and the size
and grade of sewer lines, locations of manholes, fire hydrants, street trees and street lights.
21
J. Drainage. Based on a current field survey conducted no more than one year prior to application sub-
mittal, the location, width, top -of -bank, extent of riparian vegetation, and directions of flow of all water-
courses and flood - control areas within and adjacent to the property involved, and the proposed method
of providing storm water, drainage and erosion control.
K. Hazards. The location of all potentially dangerous areas, including fault zone areas and areas subject
to inundation, landslide, or settlement; or excessive noise, and the means of mitigating the hazard.
L. Right -of -way. The locations, grade, widths and names or designations of all existing or proposed
streets, alleys, paths and other rights -of -way, whether public or private; private easements within and
adjacent to the subdivision; the radius of each centerline curve; a typical section of all streets shall be
shown; and any planned line for street widening or for any other public project in and adjacent to the
subdivision. Private streets shall be clearly indicated.
M. Lot dimensions. The lines and approximate dimensions of all existing and proposed lots, and the
number assigned to each lot, the total number of lots, and the area of each lot. Lots shall be numbered
sequentially.
N. Public recreation. The boundaries, size and use of existing and proposed public areas in and adja-
cent to the subdivision. If land is to be offered for dedication for open space park or recreation pur-
poses or for purpose of providing public access to any public waterway or recreation area, it shall be
so designated.
0. Exceptions. Any exception being requested of these regulations shall be clearly labeled and identi-
fied as to nature and purpose. A written statement justifying the exception shall be submitted by the
applicant separate from the map.
P. Railroads. The location of all railroad rights -of -way and grade crossings.
Q. Wells, springs, septic. The locations of any existing or abandoned wells, septic leaching fields,
springs, water impoundments and similar features to the extent they affect the proposed use of the
property.
R. Separate parcel or final maps. When it is known that separate parcel or final maps are to be filed on
portions of the property shown on the tentative map, the subdivision boundaries which will appear on
the parcel or final maps and the sequence in which the parcel or final maps will be filed.
S. Condominiums. Maps for condominium projects shall indicate the address of the property and the
number, size and location of proposed dwelling units, parking spaces, and private or public open
spaces. For all condominium projects, the floor area of each floor shall be shown in proper scale and
location together with the plan view of each ownership unit.
T. Solar access. Solar access easements pursuant to Section 16.18.150.
22
16.10.030 OTHER MATERIAL TO ACCOMPANY TENTATIVE MAP
The following supplementary material shall be filed with the tentative map.
A. Vicinity map. A vicinity map of appropriate scale and showing sufficient adjoining territory to clearly
indicate surrounding streets, other land in the subdivider's ownership, and other features which have a
bearing on the proposed subdivision;
B. Zoning. A statement of existing and proposed zoning and land use;
C. Site development. A statement of proposed improvements and landscape modifications, including
the estimated time of completion in relation to subdivision of the property;
D. Public /private areas. A description of proposed public or commonly held areas and draft open space
easement agreements, if applicable;
E. CUR's. Draft covenants, conditions and restrictions if they are integral to the development concept
or proposed atypical requirements;
F. Exceptions. A description of requested exceptions from the subdivision design standards for such
items as lot area and dimensions, street sections or utility easements;
G. Setbacks. Proposed building setbacks and yards if different from those in the zoning regulations;
H. Drainage. Two (2) copies of the preliminary drainage study showing or explaining the drainage area
tributary to the subdivision and a statement setting forth in detail the manner in which storm water run-
off will enter the subdivision, the manner in which it will be carried through the subdivision, and the
manner in which disposal beyond the subdivision boundaries will be accomplished. This shall be done
in accordance with the City's Waterways Management Plan and shall be prepared by a Civil Engineer
registered in the State of California.
I. Faulting. A fault investigation report if the project is located in a fault zone.
J. Slope analysis. A detailed slope analysis if the project contains any slopes of fifteen (15) percent or
greater.
K. Other technical reports. Three (3) copies of all required technical reports such as biological, cultural,
noise, traffic, and the like.
L. Soils Report. A preliminary soils report (prepared by a qualified engineer registered in this State)
based on adequate test borings, is required. The requirement for a preliminary soils report may be
waived by the City Public Works Director in circumstances where earlier projects on the same site
have provided a soils report, or where the Director determines that adequate records (or knowledge of
soil qualities) exist that do not warrant a soils report.
1. The preliminary soils report shall describe the nature of the subsurface soils and any soil condi-
tions which would affect the geometric of the proposed subdivision.
23
2. The soils report shall state whether the proposed subdivision is feasible and provide general solu-
tions for all known hazardous conditions or problems.
3. The soils report shall include the locations and logs of any test borings, percolation test results and
a hydrological evaluation if on -site sewage disposal is proposed.
4. If the soils report indicates, or the City Public Works division has knowledge of, the presence of
critically expansive soils or other soils problems which, if not corrected, could possibly lead to
structural defects or hazardous conditions, a soils investigation of each lot of the proposed subdi-
vision may be required. The soils report shall recommend corrective action to eliminate the haz-
ardous conditions.
5. The Director or City Council may approve a subdivision where such soils problems exist upon find-
ing that the recommended corrective action is likely to prevent structural damage, and eliminate
other hazardous conditions, to any structure to be constructed. As a condition to the issuance of
any building permit, the Director or hearing body may require that the approved recommended cor-
rective action be incorporated in the construction of each structure.
M. Engineering Geology Report. For hillside or other geologically hazardous areas (as identified within
the City's Safety Element or as determined by the Public Works Director) an engineering geology
evaluation defining the geologic conditions of the site shall be submitted. The report shall be prepared
by a state registered geotechnical engineer. The report shall designate a suitable building site for each
lot which is safe from settlement and landslides, and which has reasonable legal access.
N. Noise study. In potential noise problem areas identified in the noise element of the General Plan, spe-
cific site analysis by an acoustical engineer or other approved professional with qualifications in acous-
tic design may be required by the Community Development Director. Such study shall define the noise
exposure problems, conclusions and recommendations for corrective or mitigating measures, when
necessary, and opinions and recommendations covering the suitability of the site for development;
0. Archaeological resource inventory. An archaeological resource inventory shall be provided where
required by the Archaeological Resource Preservation Guidelines;
P. Endangered species survey. If the project site contains habitat indicative of any rare, threatened, or
endangered species, the subdivider shall submit a biological and botanical report confirming the pres-
ence or absence of such species.
Q. Preliminary title report. Two copies of a preliminary title report, dated not more than three (3) months
prior to submittal of the application.
R. Owner consent. An authorization consenting to the proposed subdivision signed by all parties having
a record title interest in the property to be subdivided:
24
S. School Site. The subdivider shall obtain from the school districts involved their intention, in writing,
concerning the necessity for a school site and /or facilities, if any, within the subdivision and shall pre-
sent this information to the Community Development Department prior to the consideration of the ten-
tative map.
T. Environmental Assessment. The subdivider shall provide additional data and information and deposit
and pay such fees as may be required for the preparation and processing of environmental review
documents.
U. Affordable Housing Plan and Statement. Unless exempt, (four or fewer lots or units are generally
exempt), the applicant shall submit an affordable housing statement in compliance with the City's In-
clusionary Housing Requirement. The map or plans should identify location of affordable units. The
City's Housing Element and the City's Inclusionary Housing Ordinance list the criteria for affordable
housing for subdivision projects.
16.10.040 SUBMITTAL TO COMMUNITY DEVELOPMENT
DEPARTMENT
A. Application acceptance. The tentative map shall be considered for filing only when the map conforms
to Section 16.10.020 and when all accompanying data or reports have been submitted and accepted
by the Community Development Department.
B. Determination of Complete Application. The Community Development Department shall determine
whether the application is complete within thirty (30) days after receipt of the application. If the appli-
cation is not complete, the Community Development Department will notify the applicant of its determi-
nation (including a list of items needed for a complete application) in writing.
16.10.050 TIME LIMITS FOR CITY REVIEW
A. The advisory or legislative body shall review the proposed tentative map within the time limits specified
by applicable provisions of the California Environmental Quality Act (CEQA), Section 21151.5, and the
Subdivision Map Act, Sections 66452.1 and 66452.2 (or as those sections may subsequently be
amended), as follows:
1. If an environmental impact report (EIR) is required, the EIR shall be adopted within one (1) year of
the project application being accepted as complete, subject to such limited extension as permitted
by the Subdivision Map Act.
2. If a negative declaration is required, the negative declaration shall be adopted within one hundred
five (105) days of the project application being accepted as complete, subject to such limited ex-
tension as permitted by the Subdivision Map Act.
3. The Director or Planning Commission shall hold a public hearing on the project within fifty (50)
days of the adoption of the environmental document.
Note: Items (1) and (3) or (2) and (3) above may be accomplished concurrently
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B. Any of the time limits for acting on tentative maps specified in these regulations may be extended by
mutual consent of the subdivider and the advisory agency or legislative body'required to report or act,
pursuant to Subdivision Map Act Section 66451.1. To do so, the subdivider must expressly waive, in
writing or in the record at a public hearing, his or her right to have the map considered without those
time limits.
16.10.060 ENVIRONMENTAL REVIEW
A. Environmental impact. Unless the project is exempt from environmental review, no tentative map
filed in accordance with the provisions of this chapter shall be approved until an environmental impact
evaluation has been prepared, processed and considered in compliance with the provisions of the
California Environmental Quality Act (CEQA). The subdivider shall submit such data and information,
as required by the Director, to allow a determination on environmental review to be made in compli-
ance with CEQA.
B. Significant natural resources. Whenever a proposed subdivision contains significant natural re-
sources (as defined by environmental assessment or local, state or federal designation), a plan for
their protection and management shall be required as a condition of approval of the tentative map.
Said plan shall be submitted for review and shall be approved prior to recordation of the final subdivi-
sion map.
C. Sensitive sites. Whenever a proposed subdivision contains unique areas of citywide significance,
such as creeks, hillsides, wetlands, or other significant natural features, the dedication of said area to
the public or some other assurance, as approved by the Director and City Attorney, for future protec-
tion may be required as a condition of approval.
D. Historic and cultural resources. Whenever a proposed subdivision contains archaeological artifacts,
or historic or cultural resources pursuant to CEQA, a plan for the protection, restoration (if necessary),
and management of said resource shall be required as a condition of approval of the tentative map.
Such plan shall be submitted for review and shall be approved prior to recordation of the final subdivi-
sion map.
16.10.070 NOTICE OF PUBLIC HEARING ON TENTATIVE MAP
A. At least ten (10) calendar days before the public hearing, a notice shall be given including:
1. Publication, at least once, in a newspaper of general circulation published and circulated in the
City;
2. First -class mail to all owners and occupants of property shown on the latest county assessment
roll as being located within 300 feet of the subject property.
3. Owners of other property which, as determined by the Community Development Director, consis-
tent with the requirements of Section 66451.4 of the Government Code, may be adversely affected
26
by the proposed subdivision; and
4. In addition, in the case of a proposed conversion of residential real property to a condominium,
community apartment or stock cooperative project, notice shall be given as required by Section
66451.3 of the Subdivision Map Act.
5. In the event that the proposed application has been submitted by a person other than the property
owner shown on the last equalized assessment roll, the City shall also give mailed notice to the
owner of the property as shown on the last equalized assessment roll.
6. In addition, notice shall be given by first class mail to any person who has filed a written request
with the Secretary of the Planning Commission. The request may be submitted at any time during
the calendar year and shall apply for the balance of the calendar year. The City may impose a
reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mail-
ing.
7 Posting a notice at each street frontage describing the proposed subdivision, applicant, hearing
action date and contact information.
Note: Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall
not affect the validity of any action taken according to the procedures in the article.
B. Public agency notification. The Community Development Department shall forward copies of the
tentative map to the affected public agencies which may, in turn, forward to the Community Develop-
ment Department their findings and recommendations. Public agencies and utilities shall state that the
subdivision can be adequately served.
C. School district notification. Within five (10) days after the tentative map application is determined to
be complete, the Community Development Department shall send a notice of the filing of the tentative
map to the governing board of any elementary, high school or unified school district within the bounda-
ries of which the subdivision is proposed to be located. The notice shall also contain information about
the location of the proposed subdivision, the number of units, density, and any other information which
would be relevant to the affected school district. The governing board may review the notice and may
send a written report to the Planning Commission. The report shall indicate the impact of the proposed
subdivision on the affected school district and shall make recommendations as the governing board of
the district deems appropriate. In the event the school district fails to respond within a fifteen (15) day
period from receipt of notice of the tentative map, the failure shall be deemed approval of the proposed
subdivision by the school district. The Planning Commission shall consider the report from the school
district in approving, conditionally approving or denying the tentative map.
16.10.080 STAFF REPORTS AND RECOMMENDATIONS
Any staff report or recommendations on a tentative map shall be in writing and a copy shall be made avail-
27
able to the subdivider or applicant at least three days prior to any hearing or action on such map.
16.10.090 PUBLIC HEARINGS
A. For tentative maps subject to Director approval, a public hearing shall be held within fifty (50) days of
the adoption of the environmental document for the subdivision (a notice of exemption, or determina-
tion thereof, may constitute as the environmental document).
B. For tentative maps subject to Planning Commission review a public hearing before the Planning Com-
mission shall be held within fifty (50) days of the adoption of the environmental document for the sub-
division. If the map requires Council review, the project shall be scheduled for final action by the City
Council within forty -five (45) days of the Planning Commission action.
C. The Director, Planning Commission or City Council shall approve, conditionally approve or disapprove
the tentative map in writing, which action shall then be reported to the subdivider or applicant in writing.
The approval, conditional approval, or denial shall be based on the ordinances, policies, and stan-
dards in effect on the date of notification to the subdivider of the determination that the application is
complete. If the City has initiated formal proceedings and published notice of an ordinance or resolu-
tion amending ordinances, policies, and standards applicable to the subdivider's project prior to a
complete application, the amended ordinances, policies, and standards in effect on the date of tenta-
tive map approval shall apply. If the subdivider requests changes in applicable ordinances, policies,
and standards, and if they are adopted, the changes shall apply.
D. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative
map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold
harmless the City and its agents, officers and employees from any claim, action or proceeding against
the City or its agents, officers or employees to attach, set aside, void or.annul an approval of the City
Council, Planning Commission, Architectural Review Commission or City Staff concerning a subdivi-
sion. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooper-
ate fully in the defense.
16.10.100 TENTATIVE MAP ACTION: EXTENSION OF TIME
The time limits set forth above for acting on the tentative map may be extended by mutual consent of the
subdivider and the Hearing Officer, Planning Commission or the City Council.
16.10.110 SUBMISSION OF REVISED TENTATIVE MAP
Prior to consideration of a tentative map by the Director or Planning Commission, a revised tentative map
may be submitted for consideration. Significant changes may require additional fees and /or a new applica-
tion. Changes required by the City shall not be considered map revisions.
16.10.120 REQUIRED FINDINGS FOR TENTATIVE MAP APPROVAL
No tentative map shall be approved unless the hearing body makes all of the following findings:
28
A. The proposed subdivision, together with the provisions for its design and improvement, is consistent
with the General Plan and any applicable Specific Plan, including compatibility with the objectives,
policies, general land uses and programs specified in the General Plan and any applicable Specific
Plan (Subdivision Map Act 66473.5).
B. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or
cooling opportunities in the subdivision (Subdivision Map Act Section 66473.1).
C. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative
map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold
harmless the City and its agents, officers and employees from any claim, action or proceeding against
the City or its agents, officers or employees to attach set aside, void or annul an approval of the City
Council, Planning Commission, or City Staff concerning a subdivision. The City shall promptly notify
the subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
16.10.130 MANDATORY DENIAL OF TENTATIVE MAPS
The Tentative Map shall be denied if any of the following findings are made:
A. That the proposed subdivision is not consistent with the General Plan or any applicable Specific Plan or
any other provision of this code.
B. That the design or improvement of the proposed subdivision is not consistent with the General Plan or
any applicable Specific Plan.
C. That the site is not physically suitable for the proposed type of development.
D. That the site is not physically suitable for the proposed density of development.
E. That the design of the subdivision or the proposed improvements are likely to cause substantial envi-
ronmental damage or substantially injure fish or wildlife or their habitat. Notwithstanding the foregoing,
the Planning Commission may approve such a tentative map if an environmental impact report was
prepared with respect to the project and a finding is made pursuant to Section 21081 (c) of the Public
Resources Code that specific economic, social or other considerations make infeasible the mitigation
measures and project alternatives are identified in the environmental impact report.
F. That the design of the proposed subdivision or the type of proposed improvements is likely to cause
serious public health or safety. problems.
G. That the design of the proposed subdivision or the type of proposed improvements will conflict with
easements, acquired by the public at large, for access through or use of property within the proposed
subdivision or with public access to public resources as defined and regulated by Section 66478.1 et
seq., of the Subdivision Map Act. In this connection, Director or City Council may approve a tentative
map if alternate easements, for access or for use, will be provided, and these will be substantially
equivalent to the ones previously acquired by the public. This subsection shall apply only to ease-
ments of record or to easements established by judgment of a court of competent jurisdictions and no
authority is hereby granted to the City to determine that the public at large has acquired easements for
access through or use of property within the proposed subdivision.
29
H. That the Director or City Council has not considered the effect of its action on the housing needs of the
region or has not balanced those needs against the public service needs of its residents and available
fiscal and environmental resources with favorable results pursuant to Section 66412.3 of the Subdivi-
sion Map Act.
16.10.140 APPEAL OF DIRECTOR'S OR PLANNING COMMISSION'S
ACTION ON A TENTATIVE MAP
A. The subdivider or any other interested person may appeal the decision of the Director by filing such
appeal with the Community Development Department within ten (10) days of said decision. The ap-
peal shall be filed in writing, stating the basis for the appeal, and be accompanied by any applicable
application and fee. The Department shall schedule the appeal for a Planning Commission hearing
within thirty (30) days of the date of the filing of the appeal or such longer period of time as may be
agreed to by the appellant. The Planning Commission may sustain, modify, reject, or overrule any
recommendations or rulings of the Director and may make such findings as are not inconsistent with
this title, the General Plan, the Subdivision Map Act or any other applicable regulations.
B. The subdivider or any other interested person may appeal the decision of the Planning Commission by
filing such appeal with the City Clerk within ten (10) days of said decision. The appeal shall be filed in
writing, stating the basis for the appeal, and be accompanied by any applicable application and fee.
The Department shall schedule the appeal for a City Council hearing within thirty (30) days of the date
of the filing of the appeal or such longer period of time as may be agreed to by the appellant. The map
shall be reviewed a new as though there had been no decision, recommendation or ruling previously
made. The City Council may sustain, modify, reject, or overrule any recommendations or rulings of the
Planning Commission and may make such findings as are not inconsistent with this title, the General
Plan, the Subdivision Map Act or any other applicable regulations.
16.10.150 EXPIRATION OF APPROVED TENTATIVE MAPS
The approval or conditional approval of a tentative map or phases of a tentative map shall expire twenty -
four (24) months from the date of such approval. Failure to cause a parcel or final map to be officially ac-
ceptable to the City within twenty -four (24) months after approval shall terminate all proceedings. Any
subsequent subdivision of the same land shall require the submittal and processing of a new tentative
map. The subdivider shall be responsible for keeping a record of the expiration date of a tentative map
without further notice by the City beyond the written notice of approval, which shall state the expiration
date. An extension of the approval time may be requested pursuant to Section 16.14.155.
16.10.155 TIME EXTENSION FOR PARCEL OR FINAL MAPS
A. The Director may extend the time for filing the final subdivision map for a period or periods not exceed-
ing a total of three (3) years.
B. Applications for extensions shall be made in writing to the Community Development Department, and
submitted together with application fees, prior to the date of tentative map expiration. The subdivider
shall attach a statement of the reasons for requesting the time extension. Upon submittal of the appli-
K147
cation and required fees the map shall automatically be extended for sixty (60) days or until the appli-
cation for the extension is approved, conditionally approved or denied, whichever occurs first.
C. A time extension may be granted subject to the condition that the final map shall be prepared and im-
provements shall be constructed and installed in compliance with requirements in effect at the time the
request for extension is considered. The Director may also impose any other conditions which the City
was empowered to impose at the time of the tentative map approval and he or she may revise or de-
lete conditions.
D. A subdivider may appeal the Director's action to the City Council. Appeals must be filed in writing to
the City Clerk within fifteen (15) days of the Director's action.
16.10.160 CORRECTION AND AMENDMENT OF APPROVED
TENTATIVE MAPS
A. Minor corrections or amendments to approved tentative maps or conditions of approval may be
granted by the Director provided that all of the following are true:
1. No lots, units or building sites are added or deleted; and
2. The proposed changes are consistent with the intent and spirit of the original tentative map ap-
proval, and
3. The proposed changes are consistent with the zoning regulations and the building code, the
General Plan and the Subdivision Map Act.
B. Approval of minor corrections or amendments shall not change any expiration dates. Corrections and
amendments to tentative maps and conditions of approval which are not deemed by the Director to be
minor shall be reviewed at a public hearing by the Planning Commission upon submittal of the appro-
priate modification application, materials, and fees by the subdivider.
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Chapter 16.12 VESTING TENTATIVE MAPS
This chapter describes the application and processing requirements for "vesting" tentative maps. An ap-
proved vesting tentative map guarantees that subsequent development of the subdivided property will be
subject to the same ordinances, policies, and standards in effect at the time the tentative map is approved.
Sections:
16.12.010 Applicability
16.12.020 Application Procedures and Requirements
16.12.025 Development inconsistent with Zoning- Conditional Approval
16.12.030 Failure to Obtain Architectural Review Approval
16.12.040 Approval of Vesting Tentative Map
16.12.045 Development Rights
16.12.050 Duration of Vested Rights
16.12.010 APPLICABILITY
Whenever this title requires that a tentative map be filed, a vesting tentative map may instead be filed.
Vesting tentative maps may be filed for residential, commercial, or industrial developments, consistent with
the provisions of Section 66498 of the Subdivision Map Act.
16.12.020 APPLICATION PROCEDURES AND REQUIREMENTS
A vesting tentative map shall be filed in the same form, have the same contents, accompanying data, and
reports, and shall be processed in the same manner as a tentative map, with the additional requirements
that:
Note: Application content, the vesting tentative map shall include the following information in
addition to that required by Chapter 16.10:
A. Title: The vesting tentative map has the words "Vesting Tentative Map" printed conspicuously on
. the title sheet.
B. Application requirements: All vesting tentative map submittals must be accurate and complete,
and must satisfy all requirements of the Community Development Department. At the time a vest-
ing tentative map is filed a subdivider shall also supply the following information:
1. A statement that Architectural Review approval has been granted, or a complete application for Ar-
chitectural Review approval and plans have been filed which will be concurrently processed with
the vesting tentative map for all buildings to be constructed on lots within the boundary of the vest-
ing tentative map.
32
Z A statement that the vesting tentative map is consistent with the current zoning, or that an applica-
tion has been filed for rezoning or prezoning the land which will be processed concurrently with the
vesting tentative map. If a planned development permit, hillside planned development permit or
use permit is required, said permit shall be processed prior to or concurrently with the vesting ten -
tative map.
3. A tentative utility plan indicating the location of all public utilities and facilities including, but not lim-
ited to, facilities for water, sewer, electric, gas, cable TV and street lighting to be installed to serve
the subdivision and any facilities which currently exist within the boundary of the subdivision.
4. Identify the dimensions (in scale) and proposed use of all buildings to be constructed within the
subdivision.
5. Proposed grading plans based on actual field surveys.
6. Wild fire prevention plan and /or noise analysis with suggested mitigation measures if required by
the City's General Plan or any specific plan.
7. Required approval letters from other agencies where applicable and feasible.
8. Traffic studies including, but not limited to, existing and future traffic, geometrics, number of lanes,
level of service, and recommended pavement sections in compliance with the City's Traffic Impact
Study Guidelines..
9. When required by the Community Development Department, feasibility studies, or other future im-
pact studies.
10. Any studies or information deemed necessary by the Director to evaluate environmental and eco-
nomic impacts of the project.
16.12.025 DEVELOPMENT INCONSISTENT WITH ZONING -
CONDITIONAL APPROVAL
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is in-
consistent with the zoning in existence at that time, that inconsistency shall be noted on the map. The City
shall deny such a vesting tentative map if the City finds the vesting tentative map to be inconsistent with
the zoning of the property, or proposed zoning ordinance which is being processed concurrently with the
vesting tentative map. If a change in the zoning or issuance of a planned development rezoning, or use
permit is obtained, the approved or conditionally approved vesting tentative map shall confer the vested
right to proceed with the development in substantial compliance with the change in the zoning, P.D. or Use
Permit and the map as approved.
33
16.12.030 FAILURE TO OBTAIN ARCHITECTURAL REVIEW APPROVAL
The City shall deny a vesting tentative map application if Architectural Review approval has not been
granted for the subdivision. If the subdivider filed a complete application for Design Review approval con-
currently with filing the vesting tentative map application and final action has not been taken on the Archi-
tectural Review application, the subdivider may request that the City defer action on the vesting tentative
map application until after final action has been taken on the Architectural Review application, provided
that the subdivider agrees to an extension of any time periods within which the City is legally required to
act on the vesting tentative subdivision map application.
16.12.040 APPROVAL OF VESTING TENTATIVE MAP
Approval of a vesting tentative map shall not be granted until after the project has received approval from
the Architectural Review Commission. Nor shall approval of the vesting tentative map be granted unless
the review body first determines that the intended development of the subdivision is consistent with the
zoning regulations applicable to the property, in addition to all other required findings for approval of tenta-
tive maps as outlined in Section 16.10.110.
16.12.045 DEVELOPMENT RIGHTS
A. When a vesting tentative map is approved or conditionally approved, that approval confers a vested
right to proceed with the development in compliance with the ordinances, policies, and standards (ex-
cluding fees) in effect at the time the tentative map is approved.
B. Notwithstanding (A) above, the review body may condition or require an amendment to the map or
disapprove a permit, approval, extension or entitlement, if one of the following applies:
1. Failure to do so will put the residents of the subdivision and /or the immediate community in a con-
dition dangerous to their health or safety.
2. Action is required to comply with State or Federal law.
16.12.050 DURATION OF VESTED RIGHTS
A. The approval or conditional approval of a vesting tentative map shall expire at the end of the same
time period, and shall be subject to the same extensions, established by these regulations for the expi-
ration of a tentative map (see Section 16.10.140)
B. If a final map is approved, these rights shall remain in effect for the following time periods beyond the
recording of the final map:
1. An initial time period of one (1) year. Where multiple parcel or final maps are to be recorded, this
initial time period shall begin for each phase when the final map for that phase is recorded, pro-
vided it is recorded prior to the expiration of the vesting tentative map.
2. The subdivider may apply for a one (1) year extension of the initial time period in subsection (1)
34
above, pursuant to the provisions in Section 16.14.030 of this title. Appeals of the results of the
request for an extension of time are subject to the provisions of Section 16.14.030 of this title, pro-
vided that the subdivider may appeal the Director's denial of an extension within fifteen (15) days
[66452.6(g)].
3. Upon submittal of a complete application for a building permit during the time periods specified in
subsections (1) and (2) above, the rights referred to herein shall continue until the expiration of
that permit, or any approved extension of that permit.
35
Chapter 16.14 PARCEL AND FINAL MAPS
This phase of the subdivision process includes the final design of the subdivision, engineering of public
improvements, and the submittal of either a "parcel" or "final" map together with improvement plans for City
review and action. As discussed in the definitions section a "parcel' map is generally the recording instru-
ment for a minor subdivision and a "final map" is generally the recording instrument for tract maps with five
or more lots.
Sections:
16.14.010
Application Submittal
16.14.020
Failure to File in Time
16.14.030
General Preparation Requirements
16.14.040
Final Map Form and Contents
16.14.050
Parcel Map Form and Contents
16.14.060
Title Sheet
16.14.070 Statements, Documents and Other Data to Accompany Parcel and Final Map
16.14.080 Action of City Engineer
16.14.090 Council Action on Final Subdivision Maps
16.14.100 Filing with the County Recorder
16.14.110 Multiple Parcel or Final Maps
16.14.120 Corrections and Amendments to Final Subdivision Maps
16.14.010 APPLICATION SUBMITTAL
The subdivider shall submit the original form of the final map or parcel map (hereafter referred to as
"map "), prepared in accordance with the provisions of this title and the Subdivision Map Act, to the City
Public Works Department within twenty -four months of the date of approval or conditional approval of the
tentative map, together with review fees and any additional information or documents deemed necessary
by the Public Works Director to adequately evaluate compliance with the approved tentative map.
16.14.020 FAILURE TO FILE IN TIME
Failure to file a map within twenty -four months of the date of approval or conditional approval of a tentative
map, or within any extended period of time granted in accordance with Section 16.10.155, shall terminate
all proceedings. Before a map may thereafter be filed, a new tentative map shall be submitted and ap-
proved.
16.14.030 GENERAL PREPARATION REQUIREMENTS
Parcel and final maps shall be prepared by or under the direction of a registered civil engineer or licensed
land surveyor, shall be based on survey, and shall conform to the approved or conditionally approved ten-
tative map. They shall be prepared in accordance with the Subdivision Map Act and this title. The map
may be based upon a field survey made in conformity with the Land Surveyor's Act, at the discretion of the
01
City Engineer. It may be compiled from recorded or filed data when sufficient survey information exists on
filed maps to locate and retrace the exterior boundary lines of the map (if the location of at least one of
these boundary lines can be established from an existing monumented line).
16.14.040 MAP FORM AND CONTENTS
A. Materials. The map shall be legibly drawn, printed or reproduced by a process assuring a permanent
record in black on durable, transparent material. All lines, letters, figures, certificates, affidavits and
acknowledgments shall be legibly stamped or printed upon the map with waterproof opaque ink. If ink
is used on polyester base film, the ink surface shall be coated with a suitable substance to assure
permanent legibility. The map shall be made and shall be in such condition when filed so that legible
prints may be made from it. An eight- and - one -half inch by eleven inch reduced copy of each sheet
shall be delivered to the City Engineer or supplied electronically.
B. Size and scale. Each sheet of the final subdivision map shall be (18) eighteen inches by (26) twenty -
six inches, with a marginal line drawn on all sides, leaving a one -inch blank margin. The map shall be
to a minimum scale of one inch equals one hundred feet (1" = 100'), and with all lettering a minimum of
one - eighth (1/8) inch, unless otherwise approved by the City engineer. Drafting symbols shall be as
shown in the standard details adopted by the City.
C. Sheet key. The particular number of the sheet and the total number of sheets comprising the map
shall be stated on each of the sheets, and its relation to each adjoining street shall be clearly shown.
D. Miscellaneous data. Each sheet of the final subdivision map shall state the number and name, if any,
of the subdivision, the scale, and north point.
E. Survey data. The map shall show all survey data necessary to locate all monuments and to locate or
retrace all interior and exterior boundary lines, lot fines, and block lines appearing on the final map, in-
cluding bearings and distances, to the nearest one - hundredth foot, of straight lines, and radii and arc
length or chord bearings and length for all curves, and such information as may be necessary to de-
termine the location of the centers of curves and ties to existing monuments used to establish subdivi-
sion boundaries.
F. Monuments. The map shall show monuments found or set in the manner described in subsection E
of this Section. If monument setting has been deferred, the map shall note which monuments are in
place and which are to be set.
G. Vicinity map. The final subdivision map shall show the definite location of the subdivision, particularly
in relation to surrounding surveys.
H. Lot numbering. Lots shall be numbered consecutively beginning with the numeral 1" and continuing
without omission or duplication throughout the entire subdivision. No prefix or suffix or combination of
letter and number shall be used. Each lot shall be shown entirely on one sheet.
I. Blocks. Blocks shall not be designated by number or letter.
37
J. Lot area. The area of each lot containing one acre or more shall be shown to the nearest one -hun-
dredth acre; the area of each lot containing less than one acre shall be shown to the nearest square
foot. The total acreage within the subdivision shall be stated on the parcel or final map.
K. Boundary lines. The boundary lines of the subdivision shall be clearly identified and emphasized by
appropriate line weight. The tract boundary shall be based on record data on file at the office of the
county recorder and must be reestablished by methods commonly accepted in the field of surveying
and in accordance with state law. The method of survey shall be clearly indicated on the final map.
Any City boundary crossing or adjoining the subdivision shall be shown on the map.
L. Easements. The centerline or side lines of each easement to which the lots in the subdivision are
subject shall be shown upon the final subdivision map. If such easement cannot be definitely located
from the records, a statement showing the existence of such easement shall be placed on the title
sheet of the map and the approximate location shall be shown. All easements shall be designated on
the final map by fine dotted lines. Each easement shall be clearly labeled, identified and marked as to
nature and purpose, and, if already of record, its record reference shall be shown. If not of record, a
statement of such easement shall be placed on the title sheet of the final map. If such easement is be-
ing dedicated by the final map, it shall be properly set out in the owner's certificate and dedication on
the title sheet of the map.
M. Streets and Right -of -way. Each street, or other public way or public utility right -of -way within the
boundaries of the subdivision shall be shown on the final subdivision map. The centerline and width of
each street shall be shown and, in the case of a proposed street or way, the width of that portion to be
dedicated, if any, shall also be shown. On each centerline, the bearing and length of each tangent and
radius central angle and length of each curve shall be indicated.
N. Centerlines. In the event the City Public Works Division, State Highway Engineer or County Engineer
shall have established the centerline of any street in or adjoining the subdivision, such centerline shall
be shown and the monuments which determine its position indicated with reference to a field book or
map showing such centerline. If such position is determined by ties, that fact shall also be indicated on
the map.
0. Future streets. The location, width and extent of future streets and alleys shall be shown on the final
subdivision map and shall be offered for dedication as public streets by a dedicatory clause conforming
to the requirements of the Subdivision Map Act.
P. Private streets. Any street or way which is intended to be kept physically closed to public travel or
posted as a private street at all times may be shown as a private street. Any such private street shown
on the map shall be indicated by heavy dashed lines. Sufficient data shall be shown on each private
street to define its boundaries and to show clearly the portion of each lot within such street. In order to
provide for utility service to individual lots, such streets may be offered and accepted as public utility
easements.
Q. Street names. The names for streets and highways within the subdivision shall be shown on the final
map spelled out in full and including suffixes such as "road," "street," "avenue," "place," "'court" or other
designation.
KZ3
R. Watercourses. All watercourses, storm drains and areas subject to inundation during a one- hundred-
year storm shall be outlined and marked on the map. Elevations of floodwater based on City datum
shall be noted on the map. All other natural watercourses or bodies of water shall also be delineated.
The top of bank for water courses and the extent of any riparian vegetation along the watercourses
shall be shown, based on a field survey.
S. Historic and cultural resource areas. The final subdivision map shall show the footprint of all struc-
tures of historic and cultural significance and the extent of any archaeological surface surveys pre-
pared for the site, together with the survey reference number.
T. Endangered species. The final subdivision shall note the presence and extent of any rare, threat-
ened, or endangered plant or animal species listed in Sections 670.2 or 670.5, Title 14, California Ad-
ministrative Code, or in Title 50, Code of federal regulations Sections 17.11 or 17.12 pursuant to the
Federal Endangered Species Act.
U. Hazard areas. If any part of an area to be subdivided, lot or parcel, is subject to flood hazard, inunda-
tion, or geological hazard, or located in a fault zone, it shall be clearly shown on the final map by a
prominent note on each sheet whereon such conditions exist.
V. Not a part. All areas shown on the final subdivision map which do not constitute a part of the subdivi-
sion shall be labeled "not a part of this subdivision" or "N.A.P.O.T.S." All lines delineating those areas
shall be dashed.
W. Remainder. When a subdivision is of a portion of any unit or units of improved or unimproved land,
the map may designate as a remainder that portion which is not divided for the purpose of sale, lease,
or financing. Such designated remainder parcel need not be indicated as a matter of survey but only
by deed reference to existing boundaries of such remainder if such remainder has a cross area of five
acres or more. If so designated, such remainder parcel shall be treated as set out in Section 66424.6
of the Subdivision Map Act or its successor section, as it may be amended from time to time.
16.14.050 PARCEL MAP FORM AND CONTENTS
A. Materials. The map shall be legibly drawn, printed or reproduced by a process assuring a permanent
record in black on durable, transparent material. All lines, letters, figures, certificates, affidavits and
acknowledgments shall be legibly stamped or printed upon the map with waterproof opaque ink. If ink
is used on polyester base film, the ink surface shall be coated with a suitable substance to assure
permanent legibility. The map shall be made and shall be in such condition when filed so that legible
prints may be made from it. An eight- and - one -half inch by eleven inch reduced copy of each sheet
shall be delivered to the City Engineer or supplied electronically.
B. Size and scale. Each sheet of the final subdivision map shall be (18) eighteen inches by (26) twenty -
six inches, with a marginal line drawn on all sides, leaving a one -inch blank margin. The scale of the
map shall be large enough to show all details clearly and enough sheets shall be used to accomplish
this end.
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C. Sheet key. The particular number of the sheet and the total number of sheets comprising the map
shall be stated on each of the sheets, and its relation to each adjoining street shall be clearly shown.
D. Miscellaneous data. Each sheet of the map shall state the number and name, if any, of the subdivi-
sion, the scale, and north point together with the description of the real property being subdivided.
E. Survey data. The exterior boundary of the land included within the subdivision shall be indicated by
distinctive line weight and clearly designated on the map. The map shall show the location of each
parcel and its relation to surrounding surveys. If the map includes a "designated remainder" parcel or
similar parcel, and the gross area of the "designated remainder" parcel or similar parcel is five acres or
more, that remainder need not be shown on the map and its location need not be indicated as a matter
of survey, but only by deed reference.
F. Easements. The centerline or side lines of each easement to which the lots in the subdivision are
subject shall be shown upon the final subdivision map. If such easement cannot be definitely located
from the records, a statement showing the existence of such easement shall be placed on the title
sheet of the map and the approximate location shall be shown. All easements shall be designated on
the final map by fine dotted lines.
G. Monuments. The map shall show monuments found or set in the manner described in subsection E
of this Section. If monument setting has been deferred, the map shall note which monuments are in
place and which are to be set.
H. Vicinity map. The map shall show the definite location of the subdivision, particularly in relation to
surrounding surveys.
I. Lot numbering. Lots shall be numbered consecutively beginning with the numeral "1" and continuing
without omission or duplication throughout the entire subdivision. No prefix or suffix or combination of
letter and number shall be used. Each lot shall be shown entirely on one sheet. Each street shall be
named'or otherwise designated.
16.14.060 TITLE SHEET
The title sheet of each map shall contain:
A. A title consisting of the number and name of the tract, if any, and the words "in the City of San Luis
Obispo."
B. A description of all of the real property being subdivided, referring to such map(s) as have been
previously recorded or filed with the county clerk pursuant to a final judgment in any action in parti-
tion. When necessary for greater clarity or definiteness, supplemental reference may be made to
any other map on file in the office of the county recorder. Each reference to any tract or subdivi-
sion shall be so noted as to be a unique description and must show a complete reference to the
book and page records of the County.
C. A certificate signed and acknowledged by all parties having any record title interest in the real
40
property subdivided, consenting to the preparation and recordation of the final map, subject to the
exceptions and under the conditions set out in Section 66436 of the California Government Code.
D. In the case of parcel or final maps filed for reverting subdivided land to acreage, the title sheet
shall carry a subtitle consisting of the words "a reversion to acreage of (description as required) ".
E. A basis of bearing shall be shown on every map containing a field survey. A basis of bearing is a
line or record which has been reestablished based on points found on the line. The points should
be the same points used to identify the line on the map of record which shows the line's bearing.
F. In case of dedication or offer of dedication, a certificate signed and acknowledged by those parties
having any record title interest in the real property subdivided, offering certain parcels of real prop-
erty for dedication for certain specified public use, subject to such reservations as may be con-
tained in any such offer. as required by the Subdivision Map Act. If the offer includes dedication
for street or highway purposes, and the Council has so required, the certificate shall include a
waiver of direct access rights from any property shown on the final map as abutting on the street or
highway.
1. If any street shown on the final map is not offered for dedication, the.map certificate shall con-
tain a statement to that effect. If such a statement appears on a map approved by the Coun-
cil, public use of such street shall be permissive only. Map certificates shall state the extent to
which any street not offered for dedication is offered as public utility easement.
2. An offer of dedication for utilities, streets, or other purposes shall be deemed not to include
any public facilities located within the area being dedicated unless and only to the extent the
intent to dedicate such facilities is expressly stated in the certificate.
G. A certificate for execution by the City clerk
16 14.070 STATEMENTS, DOCUMENTS AND OTHER DATA TO
ACCOMPANY PARCEL AND FINAL MAP
Note: When possible these documents shall be submitted to the City in electronic (PDF file or. other) format.
A. Improvement plans. Improvement plans.and specifications required by this Chapter along with calcu-
lations and additional information to assist the City Engineer in properly checking the improvement
plans shall be submitted with the Final Map.
B. Improvement agreement. All agreements and securities required by the Subdivision Map Act and
this Chapter shall be submitted with the Final Map. If all required improvements have not been ac-
cepted by the City prior to filing of the final map, an agreement and bond as provided by these regula-
41
tions, shall be submitted.
C. Tax lien letter. A current letter from the San Luis Obispo County Tax Assessor's Office, certifying that
there are no tax liens against the subdivision or any part of it for unpaid State, County, or City taxes or
special assessments, shall be submitted with the Final Map. The letter is deemed to be current if it is
no more than thirty (30) days old when submitted. No final map shall be accepted by the City engineer
unless it is accompanied by a certification of the county tax collector that there are no liens for unpaid
state, county, municipal or local taxes or special assessments collected as taxes, except taxes or spe-
cial assessments not yet payable, against any of the land to be subdivided.
D. Subdivision guarantee. A Preliminary Subdivision Guarantee and a Title Report containing the legal
description of the land being subdivided shall be submitted with the Final Map. The Subdivision Guar-
antee shall show the names of all persons having any record title interest in the subdivision together
with the nature of their respective interests. The Subdivision Guarantee shall be for the benefit of the
City in an amount to be determined by the Public Works Director and shall cover all lands to be dedi-
cated for public use. No final map shall be accepted unless it is accompanied by a preliminary title re-
port or subdivision guarantee issued by a title company authorized by the laws of the state to write
such insurance, showing the names of any persons having any record title interest in the land to be
subdivided and the nature of their respective interest.
E. Deeds. Whenever land, easements or rights -of -way are to be dedicated for public use or whenever
access to land, easements or rights -of -way are to be granted to public agencies, all such land, ease-
ments or rights -of -way not dedicated or granted by the owner's certificate on the final subdivision map
shall be granted by deeds submitted with the final subdivision map.
F. Soils and geologic reports. When a soils or geological report has been prepared, this fact shall be
noted on the final map, together with the date of the report and the name and address of the soils en-
gineer or geologist making the report and the name and address of the applicable subdivision. Any
studies necessary to comply with Air Pollution Control District (APCD) requirements (including naturally
occurring asbestos) shall be included. The City shall keep those reports on file for public inspection in
the Publics Works Division office.
G. Grading and erosion control. All maps approved in accordance with these regulations shall comply
with the requirements for grading and wind and water erosion control, including the prevention of sedi-
mentation or damage to off -site property, as set forth by the City Engineer and Chief Building Official.
Grading and erosion control plans shall be submitted to the Building Division of the Community Devel-
opment Department for review and shall be approved prior to recordation of the parcel or final map.
For sites over 1 acre in size, copies of Regional Water Quality Control Board and APCD permits may
be required.
H. Other technical reports. If a noise analysis, archaeological survey, traffic study, biological, botanical,
or any other report has been prepared, as provided in these regulations, this fact shall be noted on the
final map, together with the date of the report. The City shall keep these reports on file for public in-
spection in the office of the City engineer.
I. CUR's. A copy of any required covenants, conditions and restrictions shall be submitted with the par-
42
cel or final map.
J. Survey data. Copies of reference maps, deeds, traverses of the boundaries or of the parcels being
created and whatever other information is required by the City Engineer to verify the accuracy of the
survey. All boundary monuments and lot corners must be tied to the City's control network. At least
two control points shall be used and a tabulation of the coordinates shall be submitted with the final
parcel or final map along with a computer disk, containing the appropriate data for use in AutoCAD, or
a successor program utilized by the City, for geographic information system purposes.
K. Utility Statements. A statement from each utility system and cable television company stating that the
easements shown on the parcel or final map are satisfactory for service to the proposed subdivision
shall be submitted with each map.
16.14.080 ACTION OF PUBLIC WORKS DIRECTOR
A. Upon receipt of a parcel or final map and accompanying documents, fees and materials for filing, the
City Public Works Director (or designee) shall determine if they are in substantial conformity with the
approved or conditionally approved tentative map and modifications and conditions made or required
by the review body. If they are found to be complete and in conformance with, these and other appli-
cable regulations, and the required improvements have been installed or an agreement for installation
has been made in accordance with these regulations, the City Public Works Department shall:
1. Transmit the map to the City Clerk for placement on the next available Council agenda.
2. Certify approval of the final subdivision maps by signature on the title sheet and forward it to the
Country Recorder for recording, if all of the following findings can be made.
a) The subdivision shown is substantially the same as it appeared on the tentative map, includ-
ing any approved alterations or conditions.
b) All provisions of this title and the Subdivision Map Act applicable at the time of approval of the
tentative map have been complied with.
c) The map is technically correct.
B. Should the map or accompanying documents, fees or materials be found to be incomplete or incorrect
in any respect, the Public Works Director shall advise the subdivider in writing of the changes or addi-
tions that must be made before the parcel or final map may be certified.
C. If the City Public Works Department determines circumstances concerning the design and improve-
ment of the subdivision in relating to the public health, safety and welfare have materially changed
since the approval of the tentative map, the City Public Works Division need not certify the parcel or fi-
nal map. In such instances, the City Public Works Division shall forward the parcel or final map to the
Council for further consideration.
D. If the City Public Works Department approves a parcel or final map, the City shall accept, subject to
improvement or reject any offer of dedication and shall so certify on the map.
43
E. The City Public Works Department's actions shall be reported to the Council within four days of the
date of the action.
16.14.090 COUNCIL ACTION ON FINAL SUBDIVISION MAPS
A. At the meeting at which the Council receives the map, or at the first regular meeting thereafter, the
Council shall approve the map if it conforms with the approved tentative map and meets the require-
ments of the Subdivision Map Act, these regulations, and any rulings made pursuant to them. If the
map does not conform, the Council shall disapprove it unless it finds that that the map is in substantial
compliance pursuant to Subdivision Map Act 66474.1
B. If the Council fails to act within the prescribed time, the parcel or final map shall be deemed approved
to the extent it meets the requirements enumerated above. Upon approval by either action or inaction,
the City Clerk shall certify approval of the final subdivision map.
C. Subject to exceptions in the Subdivision Map Act, at the time the Council approves a map, it shall also
accept, accept subject to improvement or reject all offers of dedication. This action shall be certified on
the map by the City clerk.
16.14.100 FILING WITH THE COUNTY RECORDER
After the Council approves a final subdivision map, the City Public Works Division is hereby authorized to
transmit the map to the County Recorder.
16.14.110 MULTIPLE PARCEL OR FINAL MAPS
A. Multiple parcel or final maps relating to an approved tentative map may be filed prior to the expiration
of the tentative map if:
1. The Director is informed of the subdivider's intention to file multiple parcel or final maps at the time
of filing of the tentative map.
2. In the event that the intention to file multiple parcel or final maps is not disclosed with the filing of
the tentative map, the tentative map application may be deemed incomplete.
3. In the event that the intention to file multiple parcel or final maps is not disclosed prior to tentative
map approval, multiple parcel or final maps may not be filed.
B. The subdivider shall not be required to define the number or configuration of the proposed multiple par-
cel or final maps. However, the City may impose reasonable conditions, such as the sequence of map
approvals, relating to the filing of multiple parcel or final maps.
44
16.14.120 CORRECTIONS AND AMENDMENTS TO SUBDIVISION
MAPS
A. Purpose. After a parcel or final map is filed in the office of the County Recorder, the recorded map
may be modified by a certificate of correction or an amending map in order to:
1. Correct an error in any course or distance shown; or
2. Show any course or distance that was previously omitted; or
3. Correct an error in the description of the real property shown on the map; or
4. Indicate monuments set after the death, disability or retirement from practice of the engineer or
surveyor charged with responsibilities for setting monuments; or
5. Show the proper location or character of any monument which originally was shown at the wrong
location or incorrectly as to its character, or
4. Correct any other type of map error or omission as approved by the County Surveyor or the City
Public Works Department which does not affect any property right. Such errors and omissions
may include, but are not limited to, lot numbers, acreage, street names, and the identification of
adjacent record maps.
t:1
Note: As used in this section, "error" does not include changes in courses or distances from which an
error is not ascertainable from the data shown on the parcel or final map.
B. Form and content. The amending map or certificate of correction shall be prepared and signed by a
registered civil engineer or licensed land surveyor. An amending map shall conform to the require-
ments of Section 66434 of the Subdivision Map Act if a final map, or Section 66445 (a) to (d) inclusive
and (f) to (i) inclusive if a parcel map. The amending map or certificate of correction shall set forth in
detail the corrections made and the names of the present fee owners of the property affected by the
corrections.
C. Submittal. The application for an amending map or certificate of correction shall be submitted to the
City Public Works Department upon payment of appropriate fees and on forms provided by the City.
D. Certification. The City Public Works Department shall examine the amending map or certificate of
correction and if the only changes made are those set forth in paragraph A above, describing the pur-
pose for an amendment or correction, he or she shall certify this fact on the amending map or certifi-
cate of correction. Such certification shall not change any expiration dates.
E. Filing with County Recorder. After the amending map or certificate of correction has been certified
by the City Public Works Department, it shall be filed in the office of the County Recorder.
F. Other modifications. In addition to the amendments authorized by paragraph a above, describing the
45
purpose for amendments and corrections, the recorded parcel or final map may also be modified by a
certificate of correction or amending map if:
1. There are changes in circumstances which make any or all of the conditions of the parcel or final
map no longer appropriate or necessary, and
2. The modifications do not impose any additional burden on the present fee owners of the property,
and
3. The modifications do not alter any right, title, or interest in the real property reflected on the re-
corded map; and
4. The City Public Works Director and the Community Development Director find that the map, as
modified, conforms to the provisions of these regulations, the General Plan and the Subdivision
Map Act.
G. Public hearing. For maps proposed for correction or amendment pursuant to paragraph F above, the
City Public Works Department shall set the matter for public hearing before the legislative body or ad-
visory agency that originally took final action on the project. Public notice of the hearing shall be given
in accordance with Sections 65090 and 65091 of the California Government Code. The hearing shall
be confined to consideration of and action on the proposed modifications. Approval of the proposed
modifications shall not change any expiration dates.
46
Chapter 16.16 CERTIFICATES, ADJUSTMENTS AND
MERGERS
This chapter explains the application requirements and review procedures for Lot Line Adjustments, Cer-
tificates of Compliance, Lot mergers and Reversions to Acreage.
Sections:
16.16.010
Certificate of Compliance
16.16.020
Lot Line Adjustments
16.16.030
Lot Combinations /Voluntary Mergers
16.16.040
Reversion to Acreage
16.16.050
Merger and Re- subdivision
16.16.010 CERTIFICATES OF COMPLIANCE
A. Purpose.
1. Where no adequate record exists to demonstrate that a parcel of land was legally created a) by
approval of the City, or b) in compliance with the Subdivision Map Act prior to March 4, 1972, a
certificate of compliance may be requested. (The Map Act did not regulate minor subdivisions of
four or fewer parcels until March 4, 1972.
The Subdivision Map Act states:
"For purposes of this (section) or of a local ordinance enacted pursuant thereto, any parcel created
prior to March 4. 1972, shall be conclusively presumed to have been lawfully created if any subse-
quent purchaser acquired that parcel for valuable consideration without actual or constructive
knowledge of a violation of the local ordinance."
A recorded certificate of compliance establishes for the public record that the subject parcel is rec-
ognized as a separate legal parcel.. If the parcel was created illegally and does not comply with
current City subdivision standards or those in effect at the time the parcel was illegally created,
then a conditional certificate of compliance may be applied for (also see Chapter 16.24 Violations
and Enforcement). In such cases, all conditions of the certificate of compliance must be satisfied
prior to the City's issuance of any permit or other grant of approval for development for the affected
property.
2. While issuance of a certificate of compliance may verify the legality of a parcel, it does not ensure
that it is a developable parcel. Nor does the issuance of a certificate automatically entitle the par-
cel owner to issuance of a building permit or other development permits and approvals without ap-
plications for and compliance with City requirements for those permits and approvals.
B. Application Requirements.
Any person owning real property may apply for a certificate of compliance or a conditional certificate of
compliance. Each separate parcel for which a certificate is requested shall require a separate applica-
47
tion. The appropriate application form shall be submitted with the required fee, a preliminary title report
not more than six months old, a chain of title, and any maps or other supporting documents deemed
necessary by the Director or the City Engineer to clarify when and how the parcel was created.
C. Time limits for City review.
Within 50 days of acceptance of a complete application, the Director shall determine whether a certifi-
cate of compliance or a conditional certificate of compliance should be recorded.
D. Certificate of Compliance.
1. Upon payment by the applicant of the appropriate recording fee, the Director shall cause a certifi-
cate of compliance to be filed for record with the County Recorder if evidence contained in the ap-
plication supports a finding that the subject parcel is in compliance with the Subdivision Map Act,
this title and other applicable provisions of the Municipal Code.
2. No public notice or hearing. Except for notice to the applicant prior to action by the Director, public
notice and public hearings are not required for certificates of compliance under Section
66499.35(a) of the Subdivision Map act because issuance of such certificates is ministerial.
E. Conditional Certificate of Compliance.
1. If the Director determines that the subject property does not comply with provisions of the Munici-
pal Code or the Subdivision Map Act, he or she, may impose conditions currently applicable to
subdivisions, or conditions applicable to subdivisions at the time the current owner of record ac-
quired the property (if the current owner is not the same as the owner of record at the time of the
initial creation of the lot).
2. Appeal. The conditions imposed by the Director may be appealed to the Planning Commission
within 10 calendar days of the action taken.
D. Recordation and Compliance with Conditions.
Upon payment by the applicant of the appropriate recording fee, and following the expiration of the 10-
day appeal period or the Council's action on appeal, the Director shall cause a conditional certificate of
compliance to be filed with the County recorder. The certificate shall identify the property and serve as
public notice that fulfillment and implementation of the conditions shall be accomplished before any
subsequent issuance of a permit or other approval for development of the property. Compliance with
the conditions shall not be required until a permit or other grant of approval for development is issued.
The property owner shall notify the Director when all conditions have been met. If compliance with
conditions is satisfactory, the Director shall cause a certificate of compliance to be filed with the County
Recorder.
E. Effect of parcel or final map.
Recordation of a final parcel or final map shall constitute a certificate of compliance for all parcels de-
48
scribed therein.
16.16.020 LOT LINE ADJUSTMENTS
A. Purpose. Lot line adjustments of five or more parcels shall be subject to the same application re-
quirements as those required for a Tentative Parcel Map as described in Section 16.10.010. Lot line
adjustments involving four or fewer lots, being adjustments between adjacent legal lots, may be used
to accomplish the following objectives, subject to the required findings and possible conditions of ap-
proval outlined below:
1. To eliminate an existing encroachment, or
2. To meet or more closely meet the minimum lot size and area requirements of the zoning district
classification in which the subject property is located; or
3. To meet building setback requirements; or
4. To better recognize topographic features; or
5. Other purposes approved by the Director.
B. Application Submittal Requirements. Applications and fees for lot line adjustments involving four or
fewer parcels shall be filed with the Community Development Department, and shall contain the follow-
ing items:
1. Preliminary title report.
2. An authorization consenting to the proposed adjustment signed by all parties having a record title
interest in the property to be subdivided.
3. Assessor's parcel map(s) with the affected properties highlighted.
4. Name if any, date of preparation, North arrow, scale, and, if based on a survey, the date of the sur-
vey.
5. Name and address of the person or entity who prepared the map and the applicable registration or
license number.
6. The legal boundaries of the properties to be adjusted, with sufficient information to locate the
property and to determine its position with respect to adjacent named or numbered subdivisions, if
any.
7. Names and addresses of the applicant(s) and all parties having record title interest in the property
being adjusted.
8. Topographic information based on City datum with a reference to the source of the information.
9. Existing streets and lot lines and the location and outline to scale of all structures which are to be
retained within the properties and all structures outside the adjustment area within 10 feet of the
boundary lines; the distances between structures to be retained and notations concerning all struc-
tures which are to be removed.
10. The locations, widths and purpose of all existing and proposed easements for utilities, drainage
and other public purposes, shown by dashed lines, within and adjacent to the subdivision (includ-
ing proposed building setback lines, if known); all existing and proposed utilities including size of
water lines and the size and grade of sewer lines, location of manholes, fire hydrants, street trees
and street lights.
49
11. The name, location, width and directions of flow of all watercourses and flood - control areas within
and adjacent to the property involved, the proposed method of providing storm water drainage and
erosion control.
12. The location of all potentially dangerous areas, including areas subject to inundation, landslide,
settlement, excessive noise, and the means of mitigating the hazards.
13. The locations, widths and names or designations of all existing or proposed streets, alleys, paths
and other rights-of-way, whether public or private; private easements within and adjacent to the
subdivision; the radius of each centerline curve; a cross - section of each street and planned line for
street widening or for any other public project in and adjacent to the subdivision; private streets
shall be clearly indicated.
14. The lines and approximate dimensions of all lots, and the number assigned to each lot (lots shall
be numbered consecutively); the total number of lots; the area of each lot.
15. The locations of any existing or abandoned wells, septic leaching fields, springs, water impound-
ments and similar features to the extent they affect the proposed use of the property.
16. Preliminary Map (Five 18" x 26" copies, folded, and one 8 112"x 11" reduction).
Each set of plans must contain:
a) The location, type, trunk and canopy diameter of all trees on the property and indicate
status (e.g. to be removed, maintained, or relocated).; notations as to general type of
vegetation in areas not occupied by trees.
b) A preliminary development plan or statement detailing the purpose of the Lot Line Adjust-
ment.
c) A vicinity map of appropriate scale and showing sufficient adjoining territory to clearly indi-
cate surrounding streets, other land in the subdivider's ownership, and other features
which have a bearing on the proposed subdivision.
d) A description of requested exceptions from the subdivision design standards for such
items as lot area and dimensions, street sections or utility easements.
17. Any additional information required by the Director in order to verify the legal status of the affected
lots and make the required findings.
C. Review procedure. The Community Development Director shall, within fifty (50) days of the applica-
tion being accepted as complete, approve, conditionally approve or deny the request and so notify the
applicant in writing.
D. Required findings for approval. The Community Development Director shall approve a lot line ad-
justment if all of the following findings can be made:
1. The land taken from one parcel is added to an adjacent parcel, and where a greater number of
parcels or building sites than originally existed is not thereby created.
2. The modified parcels are consistent with, or more closely compatible, with the parcel design, mini-
mum lot area, setbacks, environmental quality, and public health and safety criteria specified in the
Municipal Code, the General Plan and any applicable Specific Plan (unless findings can support a
reasonable exception).
50
3. The lot line adjustment does not create (or increase existing) inconsistencies with the Zoning Regu-
lations, Building Code and the General Plan.
3. The modified lot lines do not alter an existing right -of -way, except with written approval of the City
Public Works Director.
4. The adjustment does not result in an increase in the number of nonconforming parcels nor in-
crease the nonconformity of an existing parcel.
E. Required findings for denial. The Director shall deny a lot line adjustment if any one of the required
findings for approval can not be made.
F. Conditions of approval. Conditions of approval are limited to those necessary for the parcels to meet
General Plan or zoning and building code requirements, to require the prepayment of real property
taxes prior to recordation of documents effecting the lot line adjustment, or to facilitate the relocation of
existing utilities, infrastructure, or easements.
H. Recorded deeds. The Subdivision Map Act requires that lot line adjustments be reflected in a re-
corded deed (66412(d)). Therefore, following the Director's approval, the applicant shall submit for
recordation AN AGREEMENT RELATING TO LOT LINE ADJUSTMENT, QUITCLAIM DEEDS AND
ACCEPTANCE THEREOF (if the adjustment involves parcels with separate land owners), or a
DECLARATION OF LOT LINE ADJUSTMENT (if the adjustment involves only one landowner). No re-
cord of survey shall be required for a lot line adjustment unless required by section 8762 of the Busi-
ness and Professions Code.
16.16.030 LOT COMBINATIONS / VOLUNTARY MERGERS
Lot lines may be eliminated, and adjacent lots may be voluntarily joined into a single parcel of land through
the recordation of a Notice of Merger and Certificate of Subdivision Compliance.
A. Application submittal requirements. An application and required fees for processing and recording
a Voluntary Merger shall be filed with the Community Development Department, and shall contain such
information and reports as may be required. by the application submittal package or by the Community
Development Director in order to verify:
1. Ownership;
2. That the affected lots were legally created; and
3. That the legal description of property to be merged matches the legal description of the same
property as it's reflected in recorded deeds or maps.
B. Review and recordation. Once Planning and Engineering staff have determined that information
submitted with the application is consistent with recorded information pertinent to the merger, Commu-
nity Development staff shall forward the Notice of Merger and Certificate of Subdivision Compliance to
the County Recorder.
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16.16.040 REVERSIONS TO ACREAGE
This Section establishes procedures for processing requests for reversions to acreage in accordance with
Chapter 6, Article 1 of the Subdivision Map Act. Requests for reversions to acreage shall be reviewed and
acted upon by the City Council.
A. Initiation of Proceedings (66499.12). Proceedings for reversions to acreage map may be initiated by
either of the following:
1. By Owner(s). A petition of all the owners of record in the form prescribed by and containing the in-
formation required by this Section and the Subdivision Map Act.
2. By City Council. A resolution of the City Council at the request of any person or on its own motion.
B. Data Required for a Reversion to Acreage (66499.13). The following data shall be provided:
1. Adequate evidence of title to the real property within the subdivision and one or more of the follow-
ing:
a. Evidence of the consent of all the owners of any interest in the property; or
b. Evidence that none of the improvements required to be made have been made within two
(2) years from the date the parcel or final map was recorded, or within the time allowed by the
improvement agreement, whichever is later; or
c. Evidence that no lots shown on the parcel or final map have been sold within five (5) years
from the date the map was recorded.
2. A parcel or final map shall be provided with the petition, prepared in accordance with this title,
which delineates the dedications which are not proposed to be vacated, as well as any dedications
which are required as a condition to the proposed reversion to acreage.
C. Fees. All petitions for reversion to acreage shall be accompanied by the applicable fees for process-
ing, such fees are nonrefundable. Fees for a reversion to acreage through resolution of the City Coun-
cil shall be paid by the person requesting such resolution.
D. Required findings for approval (66499.16). Subdivided real property may be reverted to acreage
only if the Planning Commission finds that:
1. Dedications or offers of dedication to be vacated or abandoned are unnecessary for present or
prospective public purposes; and
2. Either.•
a. All owners of an interest in the real property within the subdivision have consented to rever-
sion; or
b. None of the improvements required to be made have been made within two (2) years from the
date the parcel or final map was filed for record, or within the time allowed by agreement for com-
52
pletion of the improvements, whichever is the later; or
c. No lots shown on the parcel or final map have been sold within five (5) years from the date
such map was filed for record.
E. Required Conditions of Approval. As conditions of reversion to acreage the City shall require:
1. Dedications or offers of dedication necessary for the public purposes specified in the General
Plan, Municipal Code or other applicable ordinance.
2. Retention of all previously paid fees if necessary to accomplish the purpose of this chapter.
3. Retention of any portion of required improvement security or deposits if necessary to accomplish
the purpose of this title.
F. Filing Reversion Map with County Recorder. The proposed reversion to acreage shall be effective
upon the recording of the parcel or final map by the County Recorder.
G. Return of Fees, Deposits; Release of Securities. When a reversion to acreage is effective, all fees
and deposits shall be returned and all improvement security released, except those retained in accor-
dance with subsection E above.
16.16.050 MERGER AND RE- SUBDIVISION
Subdivided lands may be merged and re- subdivided without reverting to acreage by complying with all the
applicable requirements for the subdivision of land as provided by this chapter pursuant to the Subdivision
Map Act. Any unused fees or deposits previously made pursuant to these regulations pertaining to the
property shall be credited pro rata towards any of the requirements for the same purposes which are appli-
cable at the time of re- subdivision. Any streets or easements to be left in effect after the re- subdivision
shall be delineated on the map. After approval the map shall be delivered to the County Recorder for re-
cording. The filing of the Final Map shall constitute legal merging of the separate parcels into one parcel
and the re- subdivision of such parcel and shall also constitute abandonment of all streets and easements
not shown on the map.
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Chapter 16.17 COMMON INTEREST SUBDIVISIONS AND
CONDOMINIUM CONVERSIONS
Sections:
16.17.010 Purpose and Applicability
16.17.020 Application requirements for Common Interest Subdivisions
16.17.030 Property improvement standards for Common Interest Subdivisions
16.17.040 Application Requirements for Condominium Conversions
16.17.050 Tenant Provisions for Condominium Conversions
16.17.060 Required findings for Condominium Conversions
16.17.070 Property improvement standards for Condominium Conversions
16.18.080 Condominium Conversion limit procedure
16.18.090 Exceptions to Chapter 16.17
16.17.010 PURPOSE AND APPLICABILITY
Common Interest Subdivisions provide for ownership of separate units as well as interest in commonly
owned areas that are managed and maintained by an owner's association. This mix of individual and com-
mon ownership and the potential problems of converting existing residential apartments make special
regulations necessary.
As further described in the definitions section, Chapter 16.26, Common Interest Subdivisions include the
following: (1) A community apartment project, (2) A condominium project, (3) A planned development, and
(4) A stock cooperative. With the exception of Planned Development re- zoning as defined in Chapter 17.62
of the Zoning Regulations, Common Interest Subdivisions are subject to the property development stan-
dards established within the City's Zoning Regulations for each zoning district. Common Interest Subdivi-
sions as defined herein are not allowed within the R -1 district (unless Planned Development zoning is ap-
proved subject to Chapter 17.50 and 17.62. of the Zoning Regulations) and are intended for multi - family
attached or detached residential developments. The Common Interest regulations also apply to commer-
cial subdivisions within all commercial zoning districts.
These regulations are intended to:
1. Provide design and property improvement standards for common interest subdivision projects,
both new and converted,
2. Establish requirements and procedures for the conversion of existing rental housing to residential
condominiums and other forms of occupant ownership;
3. Provide for compliance with the housing element of the General Plan;
4. Assure that purchasers of converted apartments are aware of the condition of the structure which
is offered for purchase;
5. Minimize the loss of affordable housing stock as a result of condominium conversions.
6. Recognize that ownership units differ from rental apartments and for the benefit of public health,
safety and welfare, such projects should be treated differently from apartments.
54
16.17.020 APPLICATION REQUIREMENTS FOR COMMON INTEREST
SUBDIVISIONS
In addition to application submittal requirements for Tentative Maps provided in Chapter 16.10, the follow-
ing additional information is required in order to complete an application submittal:
A. Common interest subdivisions are subject to the City's Architectural Review process and require a
separate application for Architectural Review. The information required for the architectural review
application can be found on the City checklist for architectural review applications and is available
at the Community Development Counter. In summary, a development plan that includes the fol-
lowing information will be required:
1. A site plan with proposed building footprints with property boundaries. All dimensions
shall be clearly labeled.
2. Proposed building elevations with dimensions and, where pertinent, floor plans shall be
provided.
3. A grading and site drainage plan in compliance with the City's Flood Damage Prevention
Regulations and the City's Waterways Management Plan.
4. Parking stalls, driveways and associated public improvements shall be provided and
clearly dimensioned in accordance with the City's Parking and Driveway Standards.
5. A list of property statistics, including any proposed exceptions, shall be provided on the
plans. The statistics shall identify how the project complies with private and common open
space and recreation standards as listed below in Section 16.17.030.
6. A landscape plan.
7. Commonly owned parcels or easements and methods of maintenance (association) shall
be clearly identified on the plans.
B. Any other information deemed necessary by the Community Development Director.
16.17.030 PROPERTY IMPROVEMENT STANDARDS FOR COMMON
INTEREST SUBDIVISIONS
A. Property Development Standards: Within condominiums, stock cooperatives and community
apartment projects, property development standards (SLOMC 17.16), including (but not limited to)
density, yards, and coverage, shall apply with respect to the exterior boundary lines (property
lines) of the proposed subdivision and not to individual dwelling units within the project. Within
planned development subdivisions (subdivisions which include land ownership as defined by
Chapter 16.26.070 B.), property development standards shall apply to each lot within the project
that contains one or more dwelling units, unless different standards are approved through the
Planned Development zoning process (SLOMC 17.50 and 17.62).
1. Common open space, recreation facilities and driveways may be contained within ease-
ments or a commonly owned separate lot.
2. Common interest subdivisions must provide a method of common area maintenance by
means of an association or agreement.
55
Examples of Common Interest Subdivision maps
ptannea unit development
Planned Unit Developments are small lot common
interest subdivisions where each unit is within its
own lot. Each lot must support the residential den-
sity for the unit on the lot in terms of number of
bedrooms per acreage in accordance with the
Zoning Regulations, Section 17.16.010. Each unit
must meet the yard requirements of the zoning
regulations (except for portions of units that are
attached). Units may be attached or detached. In
addition to property development standards, each
unit must also comply with the development
standards 8 through G on pages 61 -62 of this
document. The driveway and common area
improvements may be served by an easement or be
within a separate lot that is commonly owned and
managed by a homeowners association. These de-
velopments are also subject to the private and
common open space requirements.
56
condominium
vned and maintained by a home-
,,,,,,, ,..sity may be averaged over the
entire site, and separation between units is not governed
by the Zoning Regulations Yard Requirements. Each unit
must meet the private open space requirements and a
common open space must be provided on site. Typically,
the map consists of one common lot with a condominium
plan identifying the outline of each unit.
B. Private Open Space. There shall be provided with each unit a minimum of two hundred fifty
square feet of qualifying private open space for projects in the R -2 zone, and a minimum of one
hundred square feet for projects in the R -3 or R -4 zones. To qualify, open space must be private
and directly accessible from the unit it serves, and must have a minimum dimension in every direc-
tion of ten feet for open space provided at ground level or six feet for open space provided on a
balcony or elevated deck, and must be located outside the street yard required by zoning regula-
tions.
57
C. Common open space. There shall be provided in -each project a minimum of one hundred square
feet of qualifying open space per unit for projects in the R -3 or R -4 zones and one hundred fifty
square feet for projects in the R -2 zone. To qualify, open space shall have a minimum dimension
in every direction of ten feet for open space provided at ground level or six feet for open space
provided on a balcony or elevated deck, and must be located outside the street yard required by
zoning regulations. Common open space need not be located with each unit.
D. Combined Total open space. The cumulative amount of common and private open space shall
be at least 400 square feet per unit. All open space areas must be qualifying as described in sec-
tion C above. Total open space exceeds the minimum private and common open space since the
City recognizes that some projects benefit from larger private yards while other projects rely upon
common open spaces. The total open space requirement allows for flexibility in providing logical,
usable and appropriately sized amenities for high density, ownership residential projects.
E. Common recreation facilities. There shall be provided in each project of five or more units in the
R -3 or R -4 zones a minimum of twenty square feet per unit of common indoor recreation facilities,
or forty square feet per unit of improved outdoor recreation facilities. Area of common recreation
facilities may be within required common open space and may be counted towards minimum
common open space requirements. Common recreation facilities shall be available for, and limited
to, the use of the project's tenants and their guests. Common recreation facilities must be located
outside the street yard required by zoning regulations. Examples of acceptable recreation facilities
for smaller projects may consist of permanent, high quality fixed seating and tables, fire or barbe-
que facilities, and other passive use facilities. For larger projects of more than 10 units, more sub-
stantial improvements may be required and may include ball courts, children's play equipment,
community gardens or other features that can be. appropriately incorporated into the project de-
sign.
F. Open space and recreation facilities in nonresidential zones. Requirements for open space
and recreational facilities for projects in nonresidential zones shall be set by the review body at the
time the project is reviewed.
G. Storage. Each dwelling unit shall have provision for at least two hundred cubic feet of enclosed,
weatherproof and lockable private storage space, exclusive of cabinets and closets within the unit.
This space shall be for the sole use of the unit owner. The minimum opening shall be two and one
half feet by four feet and the minimum height shall be four feet.
H. Laundry facilities. A laundry area shall be provided in each unit, or in common laundry space.
Common facilities shall consist of at least one washer and dryer for each ten units or fraction
thereof.
16.017.040 APPLICATION REQUIREMENTS FOR CONDOMINIUM
CONVERSIONS
The following shall be provided at the time of application for condominium conversion:
58
A. Property condition report. The community development director shall establish the final form of
the reports. Approved reports shall remain on file with the community development department for
review by interested persons. The application shall be accompanied by a property condition report
including at least the following:
1. A report detailing the condition of all elements of the property including foundations, venti-
lation, utilities, walls, roofs, windows, mechanical equipment, appliances which will be sold
with the units, common facilities and parking areas. The report shall state, to the best
knowledge of the applicant, and for each element. the date of construction, the condition,
the expected useful life, the cost of replacement, and any variations from the zoning regu-
lations in effect when the last building permit was issued for the subject structure(s). The
report shall identify all defective or unsafe elements or those which may impair use and
enjoyment of the property, and explain the proposed corrective measures to be used. The
report shall be prepared by or under the supervision of a registered civil or structural engi-
neer, licensed general contractor or architect,
2. A report from a licensed pest- control operator describing in detail the presence and effects
of any wood - destroying organisms;
3. A report of any known soil or geological problems. Reference shall be made to any previ-
ous soil reports for the site.
4. A report detailing existing or potential mold infestation, moisture damage, or existing or
former water inundation shall be required.
B. Site plan. The application shall be accompanied by a site plan which shall include at least the fol-
lowing:
1. The location, number of stories, number of all dwellings, and proposed uses for each
structure to remain and for each proposed new structure;
2. The location, use and type of surfacing for all open storage areas;
3. The location and type of surfacing for all driveways, pedestrian ways, vehicle parking ar-
eas, and curb cuts;
4. The location, height and type of materials for walls or fences;
5. The location of all landscaped areas, the type of landscaping, method of irrigation, and a
statement specifying private or common maintenance;
6. The location and description of all recreational facilities;
7. The location, size and number of parking spaces to be used in conjunction with each unit,
8. The location, type, and size of all drainage pipes and structures;
9. Existing contours, building pad elevations and percent slope for all driveways and parking
areas.
C. Evidence of delivery of notice of intent to convert. The application shall be accompanied by
signed copies from each tenant of the notice of intent to convert as specified in Section
17.82.080A. The applicant shall submit evidence that a certified letter of notification was sent to
each tenant for whom a signed copy of the notice is not submitted.
D. Inclusionary Housing Proposal. Consistent with the City's inclusionary housing requirements,
Chapter 17.91.100 of the Municipal Code, an inclusionary housing Statement must be submitted.
The statement shall describe how the conversion intends to meet the affordable housing require-
59
ments consistent with Housing Element policies. All Condominium Conversions are subject to
supplying on -site deed - restricted affordable units in a quantity and level in accordance with the
City's Housing Element of the General Plan.
E. Other information. The application shall be accompanied by any other information which in the
opinion of the director of community development will assist in determining whether the proposed
project will be consistent with the purposes of these regulations.
F. Copy of reports to buyers. Each prospective purchaser shall be provided with a copy of all re-
ports in their final form, except the signed notices of intent to convert, prior to entering escrow.
Copies of the report shall be available at the sales office and the project site.
16.17.050 TENANT PROVISIONS FOR CONDOMINIUM CONVERSIONS.
A. Notice of intent to convert. Applicant shall give each tenant a written notice of intent to convert at
least one hundred eighty days before termination of tenancy due to conversion. The notice shall
contain at least the following:
1. Name and address of current owner;
2. Name and address of proposed subdivider;
3. Approximate date on which the unit is to be vacated by non - purchasing tenants;
4. Tenant's right to purchase;
5. Statement of no rent increase; and statement of proposed sales prices and terms.
B. Tenant's right to purchase. Pursuant to Government Code Section 66427.1(d), applicant shall give
any present tenant a nontransferable right of first refusal to purchase the unit occupied. This right
of first refusal shall extend at least ninety days from the date of issuance of the subdivision public
report or commencement of sales, whichever date is later.
C. Vacation of units. Each non - purchasing tenant not in default under the provisions of the rental
agreement or lease under which he occupies his unit, shall have the right to remain not less than
one hundred eighty days from the date of approval of the condominium conversion by the City
Council.
D. No increase in rents. A tenant's rent shall not be increased from the time an application for conver-
sion is submitted to the City for processing to 180 days following City Council approval of the con-
version.
E. Notice to new tenants. After submittal of the condominium conversion application to the City, pro-
spective tenants shall be given a written notice of intent to convert prior to leasing or renting.
16.17.060 REQUIRED FINDINGS FOR CONDOMINIUM CONVERSIONS
Note: An application for condominium conversion shall not be approved until these findings are made:
SS41
A. All provisions of these regulations have been or will be met;
B. The proposed conversion is consistent with the General Plan;
C. That there exist facts adequate to support the findings required under Sections 66473.5 and
66474 of the Government Code;
D. That: (1) affordable housing units at risk will be offered at rents or sales prices affordable to low- or
moderate - income persons, or (2) an equivalent number of new units comparable in affordability
and amenities to those being converted are being created as part of the new project; or that low -
or moderate - income persons will not be displaced by the proposed conversion.
16.017.070 PROPERTY IMPROVEMENT STANDARDS FOR
CONDOMINIUM CONVERSIONS
A. Minimum Project Size: Condominium Conversion shall not be allowed for projects consisting of
less than five residential units.
B. Building and zoning regulations. Conversion projects shall substantially comply with the city's
building and housing codes and zoning regulations in effect on the date the conversion project is
approved.
C. Smoke detectors. Each living unit shall be provided with approved smoke detectors mounted on
the ceiling or wall at a point centrally located in the area giving access to rooms used for sleeping
purposes.
D. Fire protection systems. All fire hydrants, fire alarm systems, portable fire extinguishers and
other fire protection appliances shall be maintained in operable condition at all times and shall
comply with current city standards.
E. Utility metering. The consumption of gas, electricity and water within each unit shall be separately
metered and there shall be circuit breakers and shutoff valves for each unit.
E. Storage. Each dwelling unit shall have provision for at least two hundred cubic feet of enclosed,
weatherproof, and lockable private storage space, exclusive of cabinets and closets within the unit.
This space shall be for the sole use of the unit owner. The minimum opening shall be two and one
half feet by four feet and the minimum height shall be four feet.
F. Laundry facilities. A laundry area shall be provided in each unit, or in common laundry space.
Common facilities shall consist of at least one washer and dryer for each ten units or fraction
thereof.
G. Parking. The number of parking spaces shall be as provided in the zoning regulations. Spaces for
the exclusive use of occupants of each unit shall be so marked. Visitor parking and special stop-
G11
ping zones, if any, shall also be marked.
H. Refurbishing and restoration. All structures, common areas, sidewalks, driveways, landscaped
areas and facilities, if defective, shall be refurbished and restored to a safe and usable condition.
All deficiencies shall be corrected prior to recordation of a final map.
Open space /Recreation. All condominium conversions shall be subject to the private, common
and total open space requirements and recreation facilities listed in Section 16.17.030 B through E
above.
16.17.080 CONDOMINIUM CONVERSION LIMIT PROCEDURE
A. Annual limit. The city shall not approve conversion projects in any one calendar year resulting in
more units being converted than one -half the number of multi - family rental dwellings added to the
city's housing stock during the preceding year. The number of multi - family rental units added in
one year shall be determined as follows: From January 1st through December 31st, the total num-
ber of multi - family rental units given a final building inspection and occupancy permit minus the
number of such units demolished, removed from the city, or converted nonresidential use.
B. Filing period. Applications for conversion maybe filed during the months of January and February
only. No action shall be taken on applications during this period. In order to be accepted by the
City for processing, the application must be deemed complete by February 28th. Applications not
deemed complete by February 28th shall be rejected until the following year.
C. Project ranking.
1. If applications on file at the end of the filing period would, when approved, convert more
dwelling units than allowed under subsection A of this section, the planning commission
shall rank the applications according to the following point criteria:
a. The fractions of tenants not objecting to conversion;
Deduct 1 point for each percentage point of objecting tenants. Applicants shall
survey tenants and provide tenants an opportunity to respond with a postage
paid envelope addressed to the applicable project planner at the City.
b. Provision of private open space with each dwelling;
10 points for every unit that exceeds minimum square feet of qualifying private
open space (by at least 25 square feet) for a maximum of 50 points. Deduct 10
points for every unit that falls below (by at least 25 square feet) the minimum
private open space standards. No points for projects that meet standards.
c. Project meets or exceeds current parking standards;
5 points deducted for every parking space below minimum standards, 5 points
added for every parking space above minimum up to 25 points.
d. Provision of common open space that meets or exceed criteria;
10 points for every additional 100 square feet of qualifying and usable common
open space above minimum requirements, for a maximum of 50 points).
M
e. Provision of common recreation amenities that meet or exceed criteria;
10 points for high quality recreation amenities that exceed minimum size require-
ments by at least 200 square feet per project.
f. Provision of units which low- income and moderate- income families can afford;
20 points given for each moderate deed - restricted affordable unit proposed in the
project, 25 points for each low - income unit for a maximum of 100 points.
g. Provision for energy savings.
Projects that contain significant solar energy installations capable of supplying at
least 50% of the project's energy demand shall receive 20 points.
h. Age of existing apartments.
1 point for each year an apartment project has been occupied as rental apartments.
i. Discretionary ranking.
Project quality, design features or overall neighborhood character and compatibility
may allow the Planning Commission to add or deduct up to 50 points.
2. The planning commission's evaluation shall be a recommendation to the council, which
may act on conversion projects based on its own findings, within the numerical limits es-
tablished under subsection A of this section.
D. Time limits for actions. The results of the planning commission's evaluation should be transmit-
ted to the council by June 30th. The council shall approve, approve subject to conditions, or deny
each conversion application by June 1st. If the applications on file at the end of the filing period
would not exceed the year's limit, they shall be forwarded directly to the council, which shall act on
the applications by May 31 st.
E. Maps. Maps required by the California Subdivision Map Act need not be prepared until an applica-
tion for conversion has been approved. The tentative map application shall be accompanied by the
declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and con-
tracts for the maintenance, management or operation of any part of the condominium conversion
project, which would be applied on behalf of any and all owners of the condominium units within
the project. In addition to the requirements of Civil Code Section 1355 and any requirements which
might be imposed by the city consistent with these regulations, the organizational documents shall
include provisions concerning the conveyance of units; the assignment of parking; an agreement
for common area maintenance, including facilities and landscaping, an estimate of initial fees an-
ticipated for such maintenance, an indication of responsibilities for maintenance of all utility lines
and services for each unit. The covenants, conditions and restrictions document shall include a
reference to attached, updated property condition report.
16.17.090 EXCEPTIONS TO CHAPTER 16.17
A. Conversions: Exceptions to the Condominium Conversion regulations may only be approved by
the City Council under request by the subdivider when in accordance with the findings noted in
63
section C. Exceptions may only be granted to the property improvement standards and not the af-
fordable housing requirements or tenant notification provisions.
B. New Common Interest Subdivisions: Exceptions to the property improvements standards for
new common interest subdivisions may be approved by the applicable hearing body (Hearing offi-
cer, Planning Commission, or City Council) and are subject to the findings noted in section C be-
low.
C. Findings for exceptions.
1. There are circumstances of the site, such as size, shape or topography, distinct from land in the
same zoning; or compliance would be completely infeasible because of the location or site design.
2. The required property improvement standards would decrease the size or number of units within
the project resulting in a significant loss of entitlement. (Note: a loss of one or more density units
allowed by density standards or reductions in the floor area of units that still allow for a reasonable
floor space may not be considered a significant loss of entitlement. For the purpose of these regu-
lations, a reasonable floor area for a one - bedroom unit is considered to be approximately 900
square feet while a reasonable floor area for a two- bedroom unit is considered to be 1,200 square
feet).
2. The exception will not constitute a grant of special privilege; an entitlement inconsistent with the
limitations upon other properties in the vicinity with the same zoning; and
3. No feasible alternative to authorizing the exception would satisfy the intent of the city policies
and regulations.
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Chapter 16.18 GENERAL SUBDIVISION DESIGN STANDARDS
Sections:
16.18.010 Purpose and Applicability
16.18.020 General Design Requirements
16.18.030 Lot Dimensions
16.18.040
Location of Lot Lines
16.18.050
Depth -Width Relationship
16.18.060
Flag Lots (deep lot subdivision)
16.18.070
Multiple Frontages
16.18.080
. Street Layout and Alternative Design standards
16.18.090
Access Restrictions
16.18.100 Alleys
16.18.110 Street Names
16.18.120 Hillside Subdivisions
16.18.130 Location of Development
16.18.135 Natural Resource Preservation, creeks, wetlands and native habitats.
16.18.140 Energy Conservation
16.18.150 Easements for Solar Access
16.18.010 PURPOSE AND APPLICABILITY
This chapter establishes standards for the design and layout of divisions of land. These standards apply to
subdivisions and conditional certificates of compliance in addition to all other applicable requirements of
the Municipal Code. The purpose of the standards is to ensure, through careful site evaluation and design,
the creation of new parcels that are compatible with existing neighborhoods, the natural environment,
health and safety of City residents, and are consistent with the policies of the General Plan and the Com-
munity Design Guidelines. Standards for the physical design of streets and associated Public Improve-
ments can be found in the City Engineering Standards, a document maintained by the City Public Works
Department. Subdivision Design Principles can be found in Chapter 5.2 of the City's Community Design
Guidelines.
16.18.020 GENERAL DESIGN REQUIREMENTS
The design of lots shall be based on intended use, topography, natural resources and access require-
ments. Lots which are impractical for intended uses due to terrain, location of natural features, inadequate
access, frontage, or developable area, or other physical limitations will not be approved.
A. Grading: natural contours shall be preserved in new subdivisions to the greatest extent possible. Pad
development prior to design approval of structures shall be prohibited unless directly associated with public
improvements and required drainage. Retaining walls greater than 3 feet in height, 2:1 slopes or other
significant landform alterations are strongly discouraged.
B. Access and Neighborhood connections: Consistent with General Plan Land Use Element Policies
2.2.6, 2.1.5. & 2.2.6 new subdivisions shall be integrated with existing subdivisions. All subdivisions shall
65
have a street and sidewalk pattern that promotes neighborhood and community cohesiveness. There
should be continuous sidewalks or paths of adequate width, connecting neighborhoods with each other
and with public and commercial services to provide continuous pedestrian paths throughout the City.
Where applicable it may be necessary to provide safe routes to school at locations other than major road-
ways. Where new subdivisions that are adjacent to open space, public schools, adjacent street systems or
other public spaces, adequate pedestrian (or pedestrian and vehicular) access shall be provided from the
new subdivision to the public spaces. In some cases, it may be necessary to gain easements through ex-
isting private property and such costs shall be the responsibility of the subdivider.
16.18.030 LOT DIMENSIONS
Except as otherwise approved as part of a Specific Plan, Planned Development zoning, or Common Inter-
est Subdivision, each lot shall have the minimum area and dimensions indicated in Table 3 for the zone in
which it is located.
16.18.040 LOCATION OF LOT LINES
A. Side lot lines should generally be perpendicular to the street on straight streets, or radial to the street
on curved streets, unless another angle would provide better building orientation for solar exposure or
more lot area to the south of the likely building site.
B. Lot lines shall be located within appropriate physical locations such as the top of creek banks, at ap-
propriate topographical changes (top or bottom of slopes etc.) or at locations which clearly separate
existing and proposed land uses. Lot lines shall not be.configured to maximize development capacity
at the cost of illogical lot patterns.
C. Contiguous with existing zoning boundaries
D. On corner lots, the lot lines adjacent to streets shall be rounded in accordance with the radius ap-
proved at the street intersection to the satisfaction of the City Engineer.
E. No lot shall be divided by a taxing district boundary. City, County, school, other district, or other taxing
agency boundary lines may not divide a lot.
16.18.050 DEPTH -WIDTH RELATIONSHIP
Lots with a ratio of depth to width greater than three shall not be permitted unless there is adequate assur-
ance that a deep lot subdivision (a flag lot subdivision) will not occur or that deep lot subdivision and sub-
sequent development will be accomplished without detriment to adjacent properties. /
16.18.060 FLAG LOTS (DEEP LOT SUBDIVISION)
Flag lots may be approved for subdividing deep lots where development would not be feasible with the
installation of a standard street, either alone or in conjunction with neighboring properties, or where justi-
fied by topographical conditions. Such subdivisions shall conform to the following:
MIS
A. The accessway serving the flag lot(s) shall not be included in the determination of required lot area for
any lot.
B. The original lot shall have frontage on a dedicated street of at least the minimum dimensions required
by these regulations (Table 3, page 101) for the zone in which it is located, separate from the access -
way required to rear lots.
C. The accessway (access lot, not driveway width) to the rear shall be at least twenty feet (20') wide for
residential and conservation /open space zones, and 40 foot wide for commercial zones (except the C-
D zone which Js 15 feet). Driveway width and paving shall be determined by the City parking and
driveway standards and is subject to approval of the Community Development Department Director
based on use, distance, number of parking spaces and /or units served.
D. Accessway driveways greater than 300 feet in length and driveways for most commercial subdivisions
may be required to provide two way vehicle access and fire truck access and shall provide appropriate
turn - around areas for standard vehicles to exit the driveway in a forward motion without performing
more than two turning maneuvers.
E. Each lot shall have yards as required by the zoning regulations. A landscape area with sufficient width
to plant screening shrubs and trees (minimum of eight feet) shall be reserved between the access
driveway (and any required turn - around areas) and existing or proposed residential structures.
F. For each residence served by a flag lot driveway, one additional off street parking space shall be pro-
vided. The parking space may not be within the street yard or in tandem to other required parking
67
M
spaces.
G. Where surrounding residential development exists on adjacent parcels, new parcels served by flag lots
may be declared as a "Sensitive Site" by the Community Development Department. A sensitive site
shall require Architectural Review to review the proposed development design and protect adjacent
properties from overlook, encroachment of solar access, and adequate noise protection and privacy.
H. The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall
have an access easement over it.
16.18.070 MULTIPLE FRONTAGES
Single- family residential lots with frontage on more than one street, other than an alley, are discouraged,
except for corner lots or where topography makes a single frontage impractical. The City may require the
release of access rights on one frontage which shall be noted on the subdivision map.
16.18.080 STREET LAYOUT AND ALTERNATIVE DESIGN STANDARDS
Street construction specifications, dimensions, and alternative standards can be found in the City's Engi-
neering Standards. The City encourages the use of alternative standards in order to reduce construction
costs, provide flexibility and minimize right -of -way widths, pavement widths, turnaround dimensions and
intersection curb radii. It is also the intent of this Code section to maintain safety standards, provide for
more pedestrian - friendly street environments; afford appropriate access for bicyclists, and facilitate imple-
mentation of the General Plan.
The circulation and street pattern of the proposed subdivision shall conform to the Circulation Element of
the General Plan, and shall:
A. Logically relate to the existing streets in the area adjoining the proposed subdivision; and
B. Enable access to future land division and use of adjoining undivided property; and
C. Accommodate pedestrians and bicyclists, consistent with the City's Pedestrian Plan and the Bicycle
Transportation Plan: and
D. Accommodate public transit facilities; and
E. Be designed to meet City Engineering Standards to the satisfaction of the Public Works Director, with
regard to street cross sections, length, corner radii, intersection offset, turning space, slope, sight trian-
gles, lighting, signalization etc.
F. In order to implement General Plan Policy, streets should be designed with the following considera-
tions:
1. Streets shall be no wider than the minimum width needed to accommodate the typical and usual
vehicular mix that the street will serve (including necessary fire access).
M,
2. Residential streets may be built at a variety of widths, depending on their function and hierarchy in
the street system.
3. The street design shall facilitate the use of alternative transportation modes: riding transit, biking,
or walking. Streets should be designed with all users in mind, including bicyclists and pedestrians
(non - motorized travel).
5. Where Cul -de -sacs and other dead -end streets hinder connectivity they should be avoided. Short
loops and cul -de -sacs are acceptable as long as higher -order streets (arterials, collectors) offer
many interconnections and direct routing.
6. All streets, except for alleys and roads in rural areas or adjacent to natural settings such as parks,
should have vertical curbs. A vertical curb clearly distinguishes the space allocated for the auto-
mobile from the space provided for pedestrians and people in wheelchairs.
16.18.090 SAMPLE STREET LAYOUTS FOR ALTERNATIVE
CONSIDERATION
The following graphics are intended to serve as alternative scenarios for street layouts. These standards
do not represent adopted street standards and the City Engineering Standards describe specific dimension
requirements; however the following alternatives are encouraged and may be utilized upon approval by the
Public Works Director on a case by case basis.
ttesiaential alley
The alley is intended to serve as access to accessory dwellings,
i
garages and parking areas, and rear and access. An alley has
E 9 9 P 9 Y
inverted crowns with centerline drainage. The width allows vehicles
to pass each other but only moving very slowly. Any new alleys
within the City shall be privately owned and maintained.
ues0ential lane
This street is somewhat like a wide alley; but with residential
structures fronting on it. It is very narrow and does not contain
on- street parking. There may or may not be street trees. It is
intended for limited application within common interest subdi-
visions with small lots. This street may also be configured in a
loop or "u" form where it returns to the principal through street.
There are two drive lanes, and a sidewalk with a landscape
planter on each side.
70
-3 1
r
A
Resibential pankinc street
This street allows parking on one or both sides and allows for
passage of emergency vehicles but does not permit the free
flow of cars and trucks in both directions without slowing to
negotiate. The intent is to create an environment in which
pedestrian movement is emphasized and vehicles are mov-
ing relatively slowly. Large street trees, green planting strips
and sidewalks provide the character. A two way drive lane is
provided in addition to two parking lanes. A sidewalk is
separated from the street by a landscape planter.
Ik
WNo,— ,
W
uesibential minou
staeet
This street is similar to a standard residential
street and allows for free flowing, two way traffic
with on street parallel parking. This alternative
has narrower driving and narrower parking lanes
compared to the standard minor street. Traffic
calming can also be enhanced through the use
of curb bulbouts at intersections. Large street
trees, green planting strips, and sidewalks should
provide the dominant character of this type of
street.
16.18.100 ACCESS RESTRICTIONS
Dedication of access rights may be required by the City to control access from adjoining property to public
streets. Access restrictions shall be clearly shown on the final map.
16.18.110 ALLEYS
The City may require dedication and improvement of alleys to sere as rear access to parcels in industrial,
commercial, and residential subdivisions.
16.18.120 STREET NAMES
Streets which are continuations of the existing streets shall have the same names. Streets which are not
continuations or which have significantly changed alignments shall have names that do not duplicate or
closely resemble any other street names.
16.18.130 HILLSIDE SUBDIVISIONS
A. Slope- density reduction: In sloping terrain, the overall residential density of a subdivision shall be
reduced with increasing slope as provided in the Zoning Regulations Chapter 17.16.010. This shall be
done by increasing the size of the lots or by designating a sufficient area for permanent open space.
On lots sloped 16% or greater, the lot size shall provide the density for at least one unit value accord-
ing to the Zoning Regulations, Chapter 17.16.010, Table 1. As an option, an area equal to the area
required to meet the density requirements may be dedicated as open space in order to reduce the
minimum lot size. The open space area shall be either dedicated to the City or protected by a perpet-
ual open space agreement at the option of the City.
B. Hillside lot configuration: Increasing lot sizes is the preferred approach in areas of uniform topogra-
phy. In areas of variable topography the preferred approach is to have substantially larger lots or open
space use for the steepest areas, drainage swales, rock outcrops, or shallow soils. Approval of the
scheme of lot sizes and open areas shall be at the sole discretion of the City. Open space areas to be
maintained for density reduction shall not be counted towards fulfillment of parkland requirements, nor
shall the City or subdivider be obligated to provide or maintain any recreational facilities in such areas.
C. Hillside grading: Subdivisions shall be designed to keep grading and terracing of hillsides to an abso-
lute minimum, consistent with hillside protection policies in the Land Use and Open Space Elements of
the General Plan.
D. Grading Design: The design and approach to grading on hillside areas shall be consistent with the
Open Space Element of the General Plan and utilize the following techniques:
1. Keep a low profile and conform to the natural slopes;
2. Minimize grading on individual lots; generally, locate houses close to the street, minimize the grad -
ing of visible driveways;
3. Include planting which is compatible with native hillside vegetation and which provides a visual
72
transition from developed to open areas;
4. The grading plan shall ensure that development near or on portions of a hill or mountain do not
cause, or make worse, natural hazards (such as erosion, sedimentation, fire, or water quality con-
cerns);
5. Plans shall include erosion and sediment control practices including temporary vegetation suffi-
cient to stabilize disturbed areas;
6. The grading plan shall maintain the character and visual quality of the adjacent hill or mountain re-
source.
7. Land alterations should be minimized by. keeping cuts and fills to a minimum; limiting grading to
the smallest practical area of land; limiting land exposure to the shortest practical amount of time;
replanting graded areas to insure establishment of plant cover before the next rainy season; and
creating grading contours that blend with the natural contours on site or look like contours that
would naturally occur.
16.18.140 LOCATION OF DEVELOPMENT
Subdivisions shall be designed so that development:
A. Is prohibited within areas with natural and cultural resources and provides buffers for these areas as
identified in the Open Space Element of the General Plan.
B. Is appropriately planned around hazardous areas with a high potential for flooding, seismic risks, land
instability, air traffic, excessive exposure to electromagnetic fields, and fire.
C. Is prohibited within areas beyond the urban reserve or development limit line.
16.18.150 AGRICULTURAL BUFFERS
within ParcelA ParcelA
URL
outside
URL Parcel B Parcel B
Present
..1.111_. __. Urban Reserve Line (URL).
ParcelA Parcel proposed
for urban. development
Parcel B Existing agricultural land
f...,! /..; Buffer Required
Future
«.._._.,._..., _ Urban Reserve Line (URL)
ParcelA Deveopedparcel
Parcel B Agricultural operation
ceases
�/ fr Buffer Remains
73
16.18.155 NATURAL RESOURCE PRESERVATION, CREEKS,
WETLANDS AND NATIVE HABITATS
Consistent with General Plan Policy within the City's Land Use and Open Space Elements, New public or
private developments adjacent to the lake, creeks, and wetlands must respect the natural environment and
incorporate the natural features as project amenities. The following guidelines shall be incorporated into all
residential and commercial subdivisions:
1. Creeks and their corridors are to be preserved as open space, and creek corridors are to be main-
tained in essentially a natural state to protect the community's water quality, wildlife diversity, and
aesthetic value.
2. Developments along creeks should include public access across the development site to the creek
and along the creek, provided that wildlife habitat, public safety, and reasonable privacy and secu-
rity of the development can be maintained.
3. Sensitive habitat, creek corridors and creek setback areas should be protected by preserving such
resource areas and associated habitat buffers through easements. Subdivision parcel lines or
easements shall be located to optimize resource protection. If the resource area is within a pro-
posed open space parcel or easement, allowed uses and maintenance responsibilities within that
parcel or easement should be clearly defined prior to map approval.
Creek Creek
Setback Edge of —► Settrack
Area Riparian Corridor Area
Physical Top of Bank
H
5-
Creek
Residential
Backyard
°nfnf- �u ?t'tTt rr;aGn
Creek Bank Physical Top of Bank
trti> arqa wn. dd, ::3e Use plants S'il
vc rzrrr = =. riiir, > „_ -:rang. dense
b2tk'ra?nur c:�iniror rats. The creek corridor extends from the physical top
s ?:rubswoudke Crpek Flow Area of bank on the left of the graphic to the edge of
it ; kz 'rY. €” +litprnir -Tees and i`?rubs sh0ald
=o }o n, aid :offr . riparian vegetation shown on the right.
nnrheac:ad n this
Ji !.
16.18.160 ENERGY CONSERVATION
All subdivisions shall provide opportunities for passive or natural heating and cooling opportunities to each
of the proposed lots, where determined by the reviewing body to be feasible, except for condominium con-
version of existing structures where no new structures are added. Such opportunities may include, but are
not limited to:
A. Siting of structures or building envelopes to take optimum advantage of passive cooling and heating
opportunities.
74
B. Adjusting building setback lines to promote the optimum spacing of structures to create adequate solar
access.
C. Orienting the longest dimension of each lot within thirty degrees of south, unless the subdivider dem-
onstrates that for certain lots:
1. The lots are large enough to allow proper building orientation and maximum feasible control of so-
lar exposure by the lot owner, regardless of lot orientation. Properly oriented building envelopes
shall be established for lots smaller than one acre;
2. Buildings will be constructed as part of the subdivision project (as in condominium or planned de-
velopment) and the buildings themselves will be properly oriented with adequate solar exposure;
3. Topography makes variations from the prescribed orientation desirable to reduce grading or tree
removal or to take advantage of a setting which favors early morning or late afternoon exposure,
or where topographical conditions make solar energy infeasible;
4. The size of the subdivision in relation to surrounding streets and lots precludes desirable lot orien-
tation.
16.18.170 EASEMENTS FOR SOLAR ACCESS
A. In order to provide for the maximum feasible use of solar energy within subdivisions, the City may re-
quire establishment of easements for some or all of the lots to protect access to sunlight. Such ease-
ments shall be established on each parcel for the benefit of neighboring parcels within the subdivision.
Such easements will not be required when:
1.. a plan for building construction and landscaping is approved in conjunction with the subdivision
approval, and the plan will provide an acceptable level of solar exposure, as provided in the En-
ergy Element of the General Plan; or
2. the size and shape of the parcels together with the yard and height restrictions of the zoning regu-
lations will allow subsequent development of each parcel in a way which will not eliminate accept-
able solar exposure for neighboring parcels within the subdivision; or
3. the subdivision is a condominium conversion.
B. Where required, solar access easements shall protect solar exposure during the period from ten a.m.
to two p.m. Pacific standard time on the winter solstice, unless topographical conditions or other
overriding design considerations make protection of some other, equivalent time interval more
desirable. They shall be recorded concurrent with recordation of the subdivision map.
1. The burdens and benefits of the solar easement shall be transferable and run with the land to sub-
sequent grantees of the original grantor(s) and grantee(s).
75
Z The description of the easement shall include:
a. a plan and orthographic view of the easement area in relation to lot lines, together with nota-
tions on the maximum height of structures or vegetation which may occupy the easement
area;
b. a written description specifying the easement as a plane limiting the height of structures or
vegetation, such plane beginning at a line clearly defined in relation to ground elevation and
lot line location, and extending upward at a specific angle (altitude) in a specific direction (azi-
muth);
c. The restrictions placed on vegetation, structures or other objects which would impair or ob-
struct passage of sunlight through the easement; and
d. Any terms or conditions under which the easement may be revised or terminated.
3. The establishment of solar easements is not intended to result in reducing allowable densities or
the percentage of a lot which may. be occupied by structures under zoning in force at the time the
easement is established.
76
Chapter 16.20 PHYSICAL IMPROVEMENT STANDARDS AND
PROCEDURES
Sections:
16.20.010
General Requirements
16.20.020
Required Improvements
16.20.030
Preparation and Form of Improvement Plans
16.20.040
Grading Plan
16.20.050
Plan Check Fees
16.20.060
Commencement of Improvements
16.20.070
Inspection of Improvement Work
16.20.080
Coordination of Improvement Work
16.20.090
Improvements Waived
16.20.100
Over- sizing Improvements
16.20.110
Reimbursement
16.20.120
Improvement Agreement
16.20.130
Form, Filing, and Terms of Improvement Agreement
16.20.140
Minimum Agreement Provisions
16.20.150
Additional Agreement Provisions
16.20.160
Improvement Security Required
16.20.170
Form, Filing, and Term of Improvement Security
16.20.180
Labor and Materials
16.20.190 Liability for Alterations or Changes
16.20.200 Release of Improvement Security. Assessment District Proceedings
16.20.210 Release of Improvement Security: Completion of Work
16.20.220 Withholding Building permits
16.20.230 Acceptance of Improvements
16.20.240 Deferral of Improvements for Parcel Maps
16.20.010 GENERAL REQUIREMENTS
All improvements shall conform to these regulations and the subdivision standards. Improvement plans
shall be completed by the subdivider prior to the acceptance of the final map for filing. Improvement work,
including grading, shall not be commenced until plans for all such work have been approved by the City
Community Development Department in conjunction with the Public Works Department. All improvements
shall be constructed under the inspection of and to the satisfaction of the City. Improvements not com-
pleted shall be guaranteed or bonded for, prior to filing the final subdivision map.
For remainder parcels, the timing of the payment of fees associated with any deferred improvements are to
be treated in the same way as the current law on improvements. However, the deferral of fees does not
apply if the designated remainder or omitted parcel is included within the boundaries of a benefit assess-
ment district or community facilities district.
77
16.20.020 REQUIRED IMPROVEMENTS
Improvements to be installed by the subdivider, in accordance with the subdivision standards codified in
this title, are listed in the City's engineering standards within the City's Uniform Design Criteria.
Required improvements may include, but are not limited to:
A. Full width street improvements by grading, base preparation and paving including curb, gutter, sidewalk,
bike or pedestrian paths and associated landscaping (street trees, parkways and medians). The City
may require such improvements on both sides of the street.
B. Bus stops and benches.
C. Storm drainage, erosion and flood - control facilities.
D. Street names signs and other traff ic control signs.
E. A water system for domestic service and fire protection shall be provided to each lot of the proposed
subdivision. The water system shall include all facilities necessary for the conveyance of water from
the nearest point of adequate supply to a meter vault at the front of each lot. For condominium pro-
jects, a-separate meter shall be provided to each condominium unit, unless an alternative system is
approved by the Utilities Director in conjunction with the Community Development Director. Alternative
systems will be allowed only for commercial air -space condominium developments with no residential
component. Each building shall have a separate City water meter. The condominium owners' asso-
ciation shall be the responsible entity for receiving and paying the City water and sewer bill. The con-
dominium owners shall be jointly and severally responsible for the payment of the City water and sewer
bill. Each condominium unit shall have a separate sub - meter, which will be the property and responsi-
bility of the condominium owners association. The condominium owners' association agreement shall
include provisions for the reading of the sub - meters and the proper division of the City water and sewer
bill among the condominium owners.
F. A sanitary sewer system shall be provided, including sewer laterals extended to each lot. Condominium
units may be allowed to share a common sewer lateral, provided that it meets City standards and
Plumbing Code requirements. Sewer laterals need not be provided to lots which will be solely in per-
petual open space use. All public sewer mains shall be located within a dedicated City street or within
a recorded easement of adequate width, as determined by the Utilities Engineer, and in consideration
of the sewer size and depth.
G. Recycled water mains and services may be required, when it is determined that the amount of water
needed for irrigation and the project's proximity to the recycled water distribution system justifies its
use. The Utilities Director has the authority to require the use of recycled water for irrigation and other
uses within a development. A project may be required to include recycled water main extensions along
and /or through the development when such main line extensions are consistent with the adopted Re-
cycled Water Master Plan.
78
H. Electric power, gas, cable television and telephone services for each lot or condominium unit.
I. Fire Hydrants.
J. Street lights.
16.20.030 PREPARATION AND FORM OF IMPROVEMENT PLANS
A. Improvement plans shall be prepared by a registered civil engineer and shall show full details of all
improvements required to be installed by the provisions of these regulations, and of all other improve-
ments proposed to be installed by the subdivider within any street, alley, pedestrian way, easement or
other public area or right -of -way. Full details shall include cross sections, profiles, estimated costs and
specifications. Preliminary plans may be submitted prior to the final plans to allow time for checking
and correction.
B. The form, layout, scale and other particulars of the plans, and the number of copies to be provided,
shall be in accordance with the requirements of the City Public Works Department. Defined require-
ments can be found within the City Engineering Standards, Uniform Design Criteria.
16.20.040 GRADING PLAN
A grading plan and specifications prepared substantially in accordance with the preliminary grading plan
approved as part of the approved or conditionally approved tentative map shall be submitted as part of the
improvement plans. A permit must be obtained in accordance with the provisions of the grading regula-
tions, as set forth in Chapter 70 in the Appendix of the Uniform Building Code as adopted by the City.
16.20.050 PLAN CHECK FEES
At the time of the submission of the final improvement plans, the subdivider shall pay a fee for plan check-
ing, in an amount established by resolution of the Council.
16.20.060 COMMENCEMENT OF IMPROVEMENTS
Prior to the commencement of construction or installation of any improvements within any street, alley,
path, easement or other public area or right -of -way, improvement plans shall have been approved by the
Public Works Director or designee.
16.20.070 INSPECTION OF IMPROVEMENT WORK
All improvements shall be constructed under the inspection of the City Public Works Department and the
subdivider shall cause all such improvement work to be inspected at all times as the City Public Works De-
partment may establish. The subdivider shall pay an inspection fee in an amount equal to that established
by Council resolution.
6`]
16.20.080 COORDINATION OF IMPROVEMENT WORK
All work and improvements contemplated by and performed under the provisions of these regulations shall
be accomplished so as to coordinate and minimize interference with other private or public development
and to minimize its threat to public safety.
IMPROVEMENTS WAIVED
The Council may waive all or a portion of the improvements which would otherwise be required if the sub-
division map is for the purpose of consolidating existing lots and unsubdivided parcels, eliminating aban-
doned streets or alleys, or adjusting boundaries, when there is not public need for such improvements.
16.20.100 OVER - SIZING IMPROVEMENTS
As a condition of approval of a tentative map, it may be required that improvements installed by the subdi-
vider for the benefit of the subdivision be of a supplemental size, capacity, or number for the benefit of
property not within the subdivision, and that the improvement be dedicated to the public. If such condition
is imposed, provision for reimbursement to the subdivider, in the manner provided by the Subdivision Map
Act, shall be contained in the subdivision improvement agreement entered into pursuant to these regula-
tions, prior to any work being undertaken.
16.20.110 REIMBURSEMENT
A. Eligibility. Whenever improvements are required to be installed adjacent to property other than that
being developed or in greater size or capacity than that required for the development of the property
under consideration, the developer of the improvements may be eligible for reimbursement if the fol-
lowing conditions are satisfied:
1. The City and developer agree that the improvements significantly benefit and serve property that is
not within the subdivision or site development area;
2. The City and developer enter into a reimbursement agreement in a form approved by the City At-
torney; and
3. The developer submits evidence of the actual costs of the improvements described in the reim-
bursement agreement.
a. Evidence shall be provided in the form receipted bills, canceled checks, or contracts.
b. Evidence shall be submitted within sixty days of the City's acceptance of the improvements.
Failure to timely submit evidence shall void the reimbursement agreement.
B. Conditions of Reimbursement Payments. Whenever property develops where:
1. Improvements have been installed by the developer of an adjoining or nearby property,
;.
2. The improvements directly benefit the property currently being developed,
3. An agreement for reimbursement has been entered into by the City and developer who installed
these improvements;
4: Not more than fifteen years have elapsed since the execution of the reimbursement agreement;
and
5. The original developer has submitted satisfactory documentation, the City will attempt to collect
from the benefiting party, prior to the issuance of the development permits, a prorated share of the
documented cost of improvements described in the reimbursement agreement. Reimbursement
will be in accordance with Section 66485 et seq. of the Subdivision Map Act as amended from time
to time.
C. Payment of Reimbursement.
1. When prorated shares of the cost of improvements are collected from the developers of new pro-
jects, the money collected shall be paid in accordance with the terms of the agreement. The City
shall not be required to reimburse more money than it actually collects.
2. Reimbursements shall be made only when the City collects money from the developers of new
projects, notwithstanding any provision of any law, this code or the reimbursement agreement.
Failure or error by the City resulting in funds not being collected will not subject the City to any li-
ability, obligation or debt owed the original developer. (Ord. 1133 U 6, 1989)
16.20.120 IMPROVEMENT AGREEMENT
If the required improvements are not satisfactorily completed before a final map is filed, the subdivider shall
enter into an agreement with the City to make all improvements as may be required upon approval of such
map.
16.20.130 FORM, FILING, AND TERMS OF IMPROVEMENT
AGREEMENT
A. The improvement agreement shall be in writing, shall be approved as to form by the City Attorney, and
shall be secured and conditioned as provided in this chapter. The agreement shall be recorded simul-
taneously with the final map.
B. The improvement agreement shall be complete, subject to council approval, and on file with the City
Public Works Department before the final map is filed for recording. The term of each improvement
agreement filed pursuant to the provisions of this section shall begin on the date of recording and end
upon the date of completion of fulfillment of all terms and conditions contained therein to the satisfac-
tion of the council.
81
16.20.140 MINIMUM AGREEMENT PROVISIONS
The agreement shall include the following provisions as minimum terms and conditions:
A. Mutually agreeable terms to complete all required improvements at the subdivider's expense;
B. A provision that the subdivider shall comply with all requirements of these regulations, of this code, and
of other applicable laws, and with all terms and conditions of required improvement permits;
C. A statement indicating a period of time within which the subdivider shall complete all improvement
work;
D. A provision that, if the subdivider fails to complete the work within the specified period of time. or any
extended period of time that may have lawfully been granted to the subdivider, the City may, at its op-
tion, completed the required improvement work and the subdivider and his surety shall be firmly bound,
under a continuing obligation, for payment of the full cost and expense incurred or expended by the
City in completing such work;
E. Provision for the repair and replacement of defective material and workmanship of the improvements by
the subdivider for a period of twelve months after the improvements have been accepted by the coun-
cil; and
F. A provision guaranteeing payment to the City for all engineering and inspection costs and costs not pre-
viously paid and all other incidental costs incurred by the City in enforcing the agreement.
16.20.150 ADDITIONAL AGREEMENT PROVISIONS
The improvement agreement may also include the following provisions and such other additional terms
and conditions as may be required upon approval of the tentative map, or as are determined necessary by
the council to carry out the intent and purposes of these regulations:
A. Provision for the repair, at the subdivider's expense, of any damage to public streets or property which
may reasonably be expected to result from operations necessary for subdivision improvements re-
quired by these regulations, including the importing or exporting of earth for grading purposes;
B. Mutually agreeable terms to acquire public easements which are outside the boundaries of the subdi-
vision, at the subdivider's expense,
C. Mutually agreeable terms to improve, at some undetermined future date, easements offered and re-
served for future public use at the subdivider's expense: and providing that such improvements shall
be secured by separate security in the manner prescribed in Section 16.20.170 and further providing
that the requirements of this provision shall not delay the release of any other improvement security
provided pursuant to Section 16.20.210;
82
D. Provision for reimbursement to be paid the subdivider under the provisions of the Subdivision Map Act;
and
E. A provision that the subdivider shall provide to the City, prior to the filing of the final map, letters from
each utility company indicating that such companies have agreed to install, and will so install, the pub-
lic utilities necessary to serve the subdivision.
16.20.160 IMPROVEMENT SECURITY REQUIRED
The subdivider shall secure the foregoing improvement agreement in an amount determined by the City
engineer to be one hundred percent of the total estimated cost of the improvements and any additional act
to be performed by the subdivider under the agreement, and such additional amounts as the council may
determine necessary to cover the costs, reasonable expenses and fees including reasonable attorneys'
fees which may be incurred by the City in successfully enforcing the agreement. The requirement of the
improvement security shall not be waived under any circumstances.
16.20.170 FORM, FILING, AND TERM OF IMPROVEMENT SECURITY
A. The improvement security shall be conditioned upon the faithful performance of the improvement
agreement and shall be in one of the forms provided in the Subdivision Map Act. The form shall be the
choice of the City in each improvement agreement. (Improvement security for public utility improve-
ments may be in the form of a letter of assurance from the utility.)
B. Improvement security shall be filed with the City Public Works Department, together with the improve-
ment agreement, before the City accepts the final map for filing. The form of the improvement security
shall be subject to the approval of the City Attorney.
C. The term of the improvement security, filed pursuant to the provisions of this section to secure the
faithful performance of the agreement, shall be begin on the date of filing and end upon the date of
completion or fulfillment of all terms and conditions of the improvement agreement, to the satisfaction
of the council.
16.20.180 LABOR AND MATERIALS
When the improvement security provided pursuant to Section 16.20.170 is a surety bond, it shall be ac-
companied by a bond for the security of laborers and materials in an amount not less than fifty percent of
the estimated cost of the improvements. When the improvement security is a cash deposit or instrument of
credit, such security shall include an additional amount necessary for the protection of laborers and mate-
rial men but in no event less than fifty percent of the estimated cost of the improvements. Security for one
hundred percent of the estimated costs, including a factor for inflationary cost increases, may be required.
16.20.190 LIABILITY FOR ALTERATIONS OR CHANGES
The liability upon the security given for the faithful performance of the agreement shall include the per-
formance of any changes or alterations in the work, provided, however, that all such changes or alterations
do not exceed ten percent of the original estimated cost of the improvement.
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RELEASE OF IMPROVEMENT SECURITY: ASSESSMENT DISTRICT
PROCEEDINGS
If the required subdivision improvements are financed and installed pursuant to special assessment pro-
ceedings, upon the furnishing of the contractor of the faithful performance and payment bond required by
the ,special assessment act being used, the improvement security of the subdivider may be reduced by the
council by an amount corresponding to the amount of such bonds furnished by the contractor.
16.20.210 RELEASE OF IMPROVEMENT SECURITY: COMPLETION OF
WORK
A. Improvement security may be released upon the final completion and acceptance of the work, pro-
vided, however, such release shall not apply to the amount of security deemed necessary by the City
Public Works Department for the guarantee and warranty period, nor to costs and reasonable expense
fees, including reasonable attorney's fees incurred by the City in enforcing the improvement agree-
ment.
B. The council shall accept and certify the satisfactory completion of improvement work prior to any re-
lease of improvement security covering such work.
16.20.220 WITHHOLDING BUILDING PERMITS
No building permit or similar entitlement of use shall be issued for the development of any lot within a sub-
division until all required improvements are substantially completed to the satisfaction of the community
development director; provided, however, building permits and entitlements may be issued for the devel-
opment of a lot designated as a model home site when the community development director determines:
A. The construction of all required improvements has progressed to the extent that completion of and ac-
ceptance of the work seems assured to occur within a reasonable period of time; and
B. The development of the model home sites will not conflict with work in progress on the construction of
the requirement improvements.
16.20.230 ACCEPTANCE OF IMPROVEMENTS
After the final parcel map or final map has been recorded, all subdivision improvements properly installed
in accordance with previously approved plans and specifications shall be accepted by the Council and the
subdivider and any other person having an interest in such completion shall be notified in writing by the
City clerk of acceptance by the Council. At the time of acceptance, the City shall assume maintenance of
the improvements except as otherwise provided in this chapter, and the City's standard specifications.
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16.20.240 DEFERRAL OF IMPROVEMENTS FOR PARCEL MAPS
Improvements required for parcel maps need not be completed until a building permit or other entitlement
for development of the parcel(s) is granted by the City, unless the community development director finds
that completion of improvements is necessary to protect the public health and safety or is a necessary pre-
requisite to the orderly development of the surrounding area. If these findings are made, the City may re-
quire completion of the improvement requirements within a reasonable time following approval of the par-
cel map and prior to the issuance of permits for development.
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Chapter 16.22 DEDICATIONS
Sections:
16.22.010
General Requirements
16.22.020
Offer to Dedicate Easements to Remain Open
16.22.030
Waiver of Direct Street Access
16.22.040
Parkland Dedication - Requirement
16.22.050
Parkland Dedication - General Standards
16.22.060 Parkland Dedication - Exceptions and In -lieu Fees
16.22.070 Parkland Dedication - Partial Credit for School Sites and Private Open Space
16.22.080 Parkland Dedication -Fees in Lieu of Land Dedication
16.22.090 Parkland Dedication- Procedures
16.22.100 Parkland Dedication- Specific Plan Provisions
16.22.110 Title Insurance for Dedication
16.22.010 GENERAL REQUIREMENTS
The subdivider, as a condition of approval of a tentative map, in conjunction with approval of a parcel or
final map, shall grant whatever land or easements the City determines are necessary to fulfill the purposes
of these regulations, in accordance with the Subdivision Map Act, the General Plan, and adopted stan-
dards. Such dedication of parcels or easements and improvements may be required for the following
uses:
A. Streets and alleys, including future streets;
B. Private streets (conditional dedication);
C. Pedestrian and bicycle paths;
D. Bus stops;
E. Public utilities;
F. Natural watercourses together with a riparian buffer zone, storm drains and flood - control channels,
Open Space and Agricultural Resources;
G. Public access, including access for maintenance or fire protection;
H. Protection of scenic and environmentally sensitive lands;
I. Street trees;
J. Parks and recreation facilities;
K. Protection of slope banks, areas subject to flooding, and other potentially hazardous areas;
L. School sites as may be necessary in accordance with the Subdivision Map Act:
M. Sites to be preserved for public use as provided in the Subdivision Map Act;
N. Such other public purposes as the City may deem necessary, provided the amount of property re-
quired to be dedicated bears a reasonable relationship to the increased need for public facilities cre-
ated by the subdivision;
0. Cultural Resources.
OFFER TO DEDICATE EASEMENTS TO REMAIN OPEN
If, at the time the parcel or final map is approved, any of the easements set out in Section 66477.2 of the
California Government Code are rejected, the offers of dedication shall be irrevocable and the council may
by resolution at any later date and without further action by the subdivider, rescind its action and accept
and open any of those easements for public use. The acceptance shall be recorded in the office of the
county recorder.
16.22.030 WAIVER OF DIRECT STREET ACCESS
The City may require that any dedication or offer of dedication of a street shall include a waiver of direct
access rights to such street from any property shown on a final map or parcel map as abutting thereon,
and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions
of the waiver of direct access.
16.22.040 PARKLAND DEDICATION - REQUIREMENT
As a condition of approval for a residential subdivision, the subdivider shall dedicate land, pay a fee in lieu
of dedication, or both, at the option of the City, for park purposes as prescribed in the standards set forth in
Sections 16.22.050 through 16.22.100.
16.22.050 PARKLAND DEDICATION - GENERAL STANDARDS
A. In order to implement the Park and Recreation Element of the General Plan and provide a reasonable
amount of space for outdoor public recreation use, each new subdivision shall dedicate land equivalent
to five (5) acres for each one thousand (1,000) residents expected to reside within the subdivision, ex-
cept as provided in Sections 16.22.060, 16.22.070 and 16.22.100. In some subdivisions additional
parkland dedication may be required as a discretionary action if a nexus between the subdivision and
the need for additional parkland is justified. In no case shall the requirement exceed 10 acres per
1,000 residents.
B. The land to be dedicated shall be of sufficient size and suitable topography to meet the local park
needs of the immediate and future residents of the subdivision. The expected population of the subdi-
vision shall be determined by the City using the most recent census results for the type and size of
dwellings proposed for the subdivision.
16.22.060 PARKLAND DEDICATION - EXCEPTIONS AND IN -LIEU FEES
The requirement to dedicate land may be waived when the City determines that.
A. The size of the subdivision, in terms of the number of proposed or potential dwellings, would result in
the dedication of a land area less than the minimum area for neighborhood parks recommended in the
General Plan: or
B. The local park needs of the area to be subdivided have been satisfied, according to the park size and
location criteria of the General Plan, and further land area would not benefit present and future users of
previously established parks; or
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C. The subdivision contains fifty or fewer parcels. Units within condominium or cooperative projects shall
be considered parcels. In these cases, the subdivider shall pay in -lieu fees as provided in Section
16.22.080.
16.22.070 PARKLAND DEDICATION - PARTIAL CREDIT FOR SCHOOL
SITES AND PRIVATE OPEN SPACE
A. When the City determines that either a school site dedicated by the subdivider or a private recreation
facility approved as part of the subdivision would provide permanent open space and facilities compa-
rable to those customarily found in local parks, up to one -half the parkland dedication or in -lieu fees
otherwise required may be waived.
B. The remaining part of the requirement shall be satisfied by the land dedication, in -lieu fees, or both.
C. The City shall determine the extent to which dedicated school sites or private open space fulfills the
usual functions of public local parks.
16.22.080 PARKLAND DEDICATION -FEES IN LIEU OF LAND
DEDICATION
A. When the dedication of land is not required or when land dedication partially fulfills the required contri-
bution of the subdivider to meeting additional local park demand resulting from the subdivision, in -lieu
fees shall be paid. The amount of such in -lieu fee shall be the fair market value of the land which oth-
erwise would be required to be dedicated according to Section 16.22.050.
B. The fair market value shall be determined by a qualified, independent appraiser. It shall be based on
the portion of the land proposed to be subdivided which is intended for development and shall reflect
the market value at the time the tentative map is approved.
C. Fees collected in lieu of land dedication shall be used for creating new parks or enlarging or improving
local parks within the City.
D. The requirement for in -lieu fees may be satisfied by the subdivider making improvements to a park, with
the approval of the Council, when (1) the value of the improvements is equal to the required in -lieu fee,
(2) the park is within a reasonable distance of the proposed subdivision and will serve the residents of
the proposed subdivision, and (3) the improvements are consistent with the parks and recreation ele-
ment of the General Plan. Such improvements may, but need not be made within a park area dedi-
cated by the subdivider.
E. The Council may, by resolution establish additional criteria for determination and procedures for collec-
tion and use of in -lieu fees, including a maximum fee per dwelling, to the extent such additional re-
quirements do not conflict with these regulations or the Subdivision Map Act.
W
16.22.090 PARKLAND DEDICATION - PROCEDURES
A. At the time of approval of the tentative map, the council shall determine the amount of land to be dedi-
cated and /or fees to be paid by the subdivider.
B. The land shall be dedicated and the fees shall be paid at the time the final subdivision map is filed with
the City unless the body which approved the application approves a schedule for deferred dedication,
payment of in -lieu fees, or improvement.
C. Open space covenants for private park or recreation facilities shall be submitted to the City prior to ap-
proval of the final subdivision map and shall be recorded at the same time as the final map. Any
agreement between the City and school district concerning joint use of school sites for local park pur-
poses, in accordance with Section 16.22.070, shall be executed prior to approval of the final subdivi-
sion map.
D. When the council approves the final subdivision map, it shall specify when development of the local
park will begin.
16.22.100 PARKLAND DEDICATION - SPECIFIC PLAN PROVISIONS
Notwithstanding any other provisions of this section and Sections 16.22.040 through 16.22.090, the City
may require dedication of an entire local park area in conjunction with approval of a single subdivision map
when the subdivision and the parkland implement a specific plan with a definite phasing program relating
increments of development and provision of public facilities, including parks. In such cases both the subdi-
vision and parkland dedication shall be in accordance with the specific plan.
16.22.110 TITLE INSURANCE FOR DEDICATION
Before the final subdivision map is recorded, or if dedication and offers of dedication are supplemented by
separate instrument, before such instrument or instruments are recorded, a policy of title insurance shall
be issued for the benefit and protection of the City. Any expense involved in complying with the provisions
of this section shall be borne by the subdivider.
M
Chapter 16.23 EXCEPTIONS, APPEALS, AND
APPLICATION RESUBMITTAL
This chapter explains the provisions for requesting exceptions to the standards
and requirements of the subdivision regulations, and for appealing decisions by
the Director, the City Engineer, or the Planning Commission to the City Council.
Sections:
16.23.010
Exception Authority
16.23.020
Required Findings and Conditions for Exceptions
16.23.030
Exceptions Considered with Tentative Map
16.23.040
Appeal Procedures
16.23.050
Re- submittal of Similar Applications
16.23.060
Other Maps Required
16.23.010 EXCEPTION AUTHORITY
The Planning Commission or City Council may authorize exceptions to the requirements or standards im-
posed by these regulations, provided, however, that no exceptions may be made to any requirements im-
posed by the Subdivision Map Act; and further provided that nothing in this chapter shall be construed as
altering or conflicting with the powers and duties of the City to approve variances or exceptions from the
zoning regulations.
16.23.020 REQUIRED FINDINGS AND CONDITIONS FOR EXCEPTIONS
A. Before any exception is authorized, all of the following findings shall be made:
1. That the property to be divided is of such size or shape, or is affected by such topographic condi-
tions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict
application of the regulations codified in this title; and
2. That the cost to the subdivider of strict or literal compliance with the regulations is not the sole rea-
son for granting the modification; and
3. That the modification will not be detrimental to the public health, safety and welfare, or be injurious
to other properties in the vicinity, and
4. That granting the modification is in accord with the intent and purposes of these regulations, and is
consistent with the General Plan and with all applicable specific plans or other plans of the City.
B. In granting any exception, the Commission or Council shall impose such conditions as are necessary
to protect the public health, safety and welfare, and assure compliance with the General Plan, with all
a
applicable specific plans, and with the intent and purposes of these regulations.
16.23.030 EXCEPTIONS CONSIDERED WITH TENTATIVE MAP
A. Exception requests shall be filed with the tentative map and shall be processed with the map and
acted upon concurrently. Each application shall state fully the nature and extent of the exception re-
quested, the specific reasons for, and the facts relied upon to reach those conclusions.
B. The Commission or Council shall consider any request for exceptions, and the recommendation on
such request, at the same time as it considers the tentative map and shall grant, conditionally grant, or
deny the request.
16.23.040 APPEAL PROCEDURES
Any discretionary decision, determination, or requirement of the Community Development or Public Works
Director, or the Planning Commission made pursuant to these regulations may be appealed to the City
Council as provided in this chapter. The decision of the Council shall be final.
1. Who may appeal. An appeal may be filed by the subdivider or any interested person(s) adversely
affected by the action being appealed.
2. Time and place for filing. An appeal shall be filed in writing within 10 calendar days of the decision
that is the subject of the appeal, except where the decision to deny an extension of time pursuant to
Section 16.14.030 Time Extension for Submitting Parcel and Final Maps, such an appeal shall be filed
within 15 calendar days after the decision. If the last applicable calendar day falls on a Saturday, Sun-
day or Holiday, the last day to appeal shall be on the next business day that City Hall is open. Appeals
to the City Council shall be filed with the City Clerk.
3. Form of appeal. Appeals shall describe the actions or decisions being appealed, and explain the rea-
son for the appeal. Appeal forms for discretionary decisions of the Director are available in the Com-
munity Development Department. Appeal forms for discretionary decisions of the Planning Commis-
sion are available in the City Clerks office. Fees for filing appeals shall be in accordance with the City
Council adopted fee schedule.
4. Report and hearing. When an appeal has been filed, staff in the responsible department will prepare
a report on the matter and schedule the item for a public hearing before the applicable hearing body
within 30 days of the date the appeal was filed.
5. Action and findings. After holding a public hearing, the hearing body shall declare its findings within
7 days based on the testimony and documents presented at the hearing. The hearing body may sus-
tain, modify, reject, or overrule any part of the decision being appealed, based on findings that are
consistent with these regulations and the Subdivision Map Act.
RE- SUBMITTAL OF SIMILAR APPLICATIONS
When any application made pursuant to these regulations has been denied, no new application which is
substantially the same shall be filed within one year of the date of the previous denial unless the City
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Council, for good cause, shall grant permission to do so.
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Chapter 16.24 VIOLATIONS AND ENFORCEMENT
Sections:
16.24.010 Generally
16.24.020 Illegal Subdivisions - Notification of Community Development Director Required
16.24.060 Illegal Subdivisions - Permit Issuance Prohibited
16.24.010 GENERALLY
Except as otherwise provided in this title, the Community Development Director is authorized and directed
to enforce the regulations set out in this title and the Subdivision Map Act for subdivisions within the City.
16.24.020 ILLEGAL SUBDIVISIONS - NOTIFICATION OF COMMUNITY
DEVELOPMENT DIRECTOR REQUIRED
Any officer or employee of the City who has knowledge that real property has been divided in violation of
the Subdivision Map Act or the regulations set out in this title, shall immediately so notify the Community
Development Director. Upon receipt of the information, the Community Development Director shall file the
notices required by the Subdivision Map Act.
16.24.030 ILLEGAL SUBDIVISIONS - PERMIT ISSUANCE PROHIBITED
No board, commission, officer or employee of the City shall issue any permit, or grant any approval neces-
sary to develop any real property within the City which has been divided, or which resulted from a division,
in violation of the provisions of the Subdivision Map Act (Section 66499.34) or of this title, if it finds that
development of such real property is contrary to the public health or public safety.
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Chapter 16.26 DEFINITIONS
Sections:
16.26.010
Generally
16.26.020
Advisory Agency
16.26.030
Alley
16.26.040
Applicant
16.26.050
Association
16.26.060
Average Cross Slope
16.26.070
Common Interest Subdivision / Condominium
16.26.080
Condominium Conversion
16.26.090
Day
16.26.100
Distance
16.26.110
Environmental Impact Report
16.26.120
Final Map
16.26.130
Flag Lot
16.26.140
Flood Hazard
16.26.150
Future Street
16.26.160
General Plan
16.26.170
Geologic Hazard
16.26.180
Lot
16.26.190
Lot Line Adjustment
16.26.200
Lot Width
16.26.210
Lot Depth
16.26.220
Lot Line, Front
16.26.230
Lot Line, Rear
16.26.240
Lot Line, Side
16.26.250
Merger
16.26.260
Minor Subdivision
16.26.270
Nonresidential Subdivision
16.26.280
Path
16.26.290
Parcel Map
16.26.300
Private Road Easement
16.26.310
Remainder 1
16.26.320
Reversion to Acreage
16.26.330
Right -of -Way
16.26.340
Roadway
16.26.350
Slope
16.26.360
Specific Plan
16.26.370
Stock Cooperative
16.26.380
Street
16.26.390
Street Tree
16.26.400
Subdivider
16.26.410
Subdivision
16.26.420
Subdivision Map Act
16.26.430
Tentative Map
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16.26.440 Vesting Tentative Map
16.26.010 GENERALLY
For the purposes of the regulations codified in this title, and. to supplement the definition in the Subdivision
Map Act, the following words and phrases shall be construed as defined in this chapter.
16.26.020 ADVISORY AGENCY
"Advisory agency" means the Community Development Director, City Engineer, or Planning Commission,
as the case may be, which recommends to the Council, action on certain types of map applications.
16.26.030 ALLEY
"Alley" means a public or private way which provides vehicular access to the side or rear of properties
whose principal frontage is on a street.
16.26.040 APPLICANT
"Applicant" means the subdivider or his authorized representative.
16.26.050 ASSOCIATION
"Association" means a nonprofit corporation or unincorporated association created for the purpose of
managing a common interest development.
16.26.060 AVERAGE CROSS SLOPE
"Average cross slope" means the ratio, expressed as a percentage, of the difference in elevation to the
horizontal distance between two points on the perimeter of the area whose slope is being determined, with
the line along which the slope is being measured running essentially perpendicular to the contours be-
tween the points.
16.26.070 COMMON INTEREST SUBDIVISION / CONDOMINIUM
"Common interest subdivision" includes subdivided lands which include a separate interest in real property
combined with an interest in common with other owners. The following types of common interest subdivi-
sions are recognized by the City of San Luis Obispo, consistent with the Davis Sterling Common Interest
Development Act:
A. "Condominium project" consists of an undivided interest in common in a portion of real prop-
erty coupled with a separate interest in space called a unit, the boundaries of which are described
on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all bounda-
ries thereof. The area within these boundaries may be filled with air, earth, or water, or any combi-
95
nation thereof, and need not be physically attached to land except by easements for access and, if
necessary, support. Generally, condominiums are recognized as airspace ownership.
B. "Planned development" means a development (other than a community apartment project, a
condominium project, or a stock cooperative) with individual lots having land ownership with either
or both of the following features:
(1) The common area is owned either by the association or in common by the owners of the sepa-
rate interests who possess appurtenant rights to the beneficial use and enjoyment of the common
area.
(2) A power exists in the association to enforce an obligation of an owner of a separate interest
with respect to the beneficial use and enjoyment of the common area by means of an assessment
which may become a lien upon the separate interests in accordance with Section 1367.
For the purposes of these regulations, Planned Developments will be subject to condominium re-
quirements and property development standards including lot coverage, density, setbacks etc.
unless accompanied by a Planned Development rezoning application consistent with Chapter
17.62 of the Zoning Regulations.
C. Community apartment project" means a development in which an undivided interest in land is
coupled with the right of exclusive occupancy of any apartment located thereon. For the purposes
of these regulations, community apartments will be subject to the same requirements as condo-
miniums.
D. Stock cooperative" means a development in which a corporation is formed or availed of pri-
marily for the purpose of holding title to, either in fee simple or for a term of years, improved real
property, and all or substantially all of the shareholders of the corporation receive a right of exclu-
sive occupancy in a portion of the real property, title to which is held by the corporation. The own-
ers' interest in the corporation, whether evidenced by a share of stock, a certificate of membership,
or otherwise, shall be deemed to be an interest in a common interest development and real estate
development for purposes of subdivision (f) of Section 25100 of the Corporations Code. A "stock
cooperative" includes a limited equity housing cooperative which is a stock cooperative that meets
the criteria of Section 33007.5 of the Health and Safety Code.
16.26.080 CONDOMINIUM CONVERSION
"Condominium conversion" means the conversion of property occupied under tenancies or estates other
than condominium to occupancy as condominiums. (See Chapter 17.82 of the San Luis Obispo Municipal
Code, Condominium Development and Conversion.)
16.26.090 DAY
"Day" means calendar day. * If the end of an interval specified in days falls on a weekend or holiday, the
interval shall be deemed to end on the next business day.
16.26.100 DISTANCE
"Distance" means all distances are measured horizontally unless noted otherwise.
16.26.110 ENVIRONMENTAL IMPACT REPORT
A detailed statement under the California Environmental Quality Act (CEQA) describing and analyzing the
significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The con-
tents of the EIR are described in Article 9 Section 15120 of the State CEQA Guidelines.
16.26.120 FINAL MAP
The recording instrument for a tract map involving five or more parcel or as otherwise defined within the
Subdivision Map Act. A final map shall require the components as listed in section 16.14.050 of this ordi-
nance.
16.26.130 FLAG LOT
"Flag lot" means a lot predominantly situated behind another lot and having access to a street by means of
a narrow portion of the flag lot extending out to the street.
16.26.140 FLOOD HAZARD
"Flood hazard" means a potential danger to life, property or natural resources due to storm water runoff, or
inundation, including deposition of slit and debris, erosion, or the presence of standing water.
16.26.150 FUTURE STREET
"Future Street" means real property subject to a yet unaccepted offer of dedication, all or part of which may
later be accepted for a street by Council resolution and without further action by the owner.
16.26.160 GENERAL PLAN
"General Plan" means the adopted General Plan of the City of San Luis Obispo.
16.26.170 GEOLOGIC HAZARD
"Geologic hazard" means a condition in the earth's surface, either natural or artificially created which is
potentially hazardous to life, property or natural resources due to possible movement of rock or soil.
16.26.180 LOT
"Lot" means a parcel of land which is identified by a distinct number or letter on a final map or parcel map
recorded in the office of the county recorder, or such parcel shown on a map or survey record complying
with approval requirements in effect when it was recorded.
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16.26.190 LOT LINE ADJUSTMENT
"Lot Line Adjustment" involves the adjustment or relocation of existing, legally established, lot lines be-
tween two or more directly adjacent parcels where a greater number of parcels than originally existed is not
created.
16.26.200 LOT WIDTH
"Lot width" means the sum of the lengths of the front and rear lot lines, divided by two. For irregularly
shaped lot or lots having more than two side lot lines, lot width shall be determined by drawing two lines
perpendicular to one side lot line, one at the narrowest and one at the widest parts of the lot; adding the
lengths of the two lines; and dividing by two.
16.26.210 LOT DEPTH
"Lot depth" means the distance between the front and rear lot lines, measured in the mean direction of the
side lot lines.
16.26.220 LOT LINE, FRONT
"Front lot line" means the line which separates the lot from the street. For a corner lot, the line at the
shortest street frontage will be the front lot line, unless the latest tract deed restrictions specify another line.
16.26.230 LOT LINE. REAR
"Rear lot line" means the lot line opposite and most distant from the front lot line. In the case of an irregu-
lar or triangular lot, the rear lot line is a line within the lot, parallel to and at a maximum distance from the
front lot line, having a length of at least ten feet.
16.26.240 LOT LINE, SIDE
"Side lot line" means any lot line other than a front or rear lot line.
16.26.250 MERGER
"Merger" means the joining of two or more contiguous parcels of land under one ownership into one parcel.
16.26.260 MINOR SUBDIVISION
"Minor Subdivision" means a subdivision of four or fewer parcels.
16.26.270 NONRESIDENTIAL SUBDIVISION
"Nonresidential subdivision" means a subdivision whose intended use is other than residential. Such sub-
division shall comply with applicable provisions of these regulations. Subdivisions incorporating both resi-
dential and nonresidential uses, either upon the same land area or within different portions of the subdivi-
sion, shall comply with applicable provisions of these regulations.
16.26.280 PATH
"Path" means a way designed for use by pedestrians, bicycles or animals and not designed or intended for
use by motor vehicles.
PARCEL MAP
The recording instrument for a minor subdivision involving four or fewer parcels. A parcel map shall re-
quire the components as described in Section 16.14.050 of this ordinance.
16.26.300 PRIVATE ROAD EASEMENT
"Private road easement" means an easement, recorded in the office of the county recorder, granted to
owners of property adjacent to the parcel covered by the easement, for access to the adjacent properties.
16.26.310 REMAINDER
"Remainder means that portion of an existing parcel which is not included as part of the subdivided land.
The remainder is not considered as part of the subdivision but must be shown on the required maps as
part of the area surrounding subdivision development.
16.26.320 REVERSION TO ACREAGE
"Reversion to acreage" means the combining of two or more recorded, contiguous lots into a single parcel.
16.26.330 RIGHT -OF -WAY
"Right -of -way" means a parcel of land occupied or intended to be occupied by a street, path, railroad, elec-
tric transmission line, oil or gas pipeline, water main, sewer main, storm drain or similar utility or special
use. Use of the term "right -of- way," distinguished from "easement," shall mean that the area dedicated to
the use shall be separate from adjoining lots and shall not be included in the area or dimensions of such
lots. Rights -of -way intended for a use involving maintenance by a public agency shall be dedicated to pub-
lic use by the owner of the parcel(s) on which the right -of -way is established.
16.26.340 ROADWAY
"Roadway" means that portion of a street or alley used or intended to accommodate the movement of ve-
hicles.
16.26.350 SLOPE
See Section 16.08.050, Average cross slope.
16.26.360 SPECIFIC PLAN
MO
"Specific plan" means a plan for a designated area of the City, based on the General Plan but containing
more detailed regulations and programs, as provided in Section 65450 and following of the California Gov-
ernment Code.
16.26.370 STOCK COOPERATIVE
"Stock cooperative" means an apartment development in which an undivided interest in the land is coupled
with the right of exclusive occupancy of an apartment in the development. For the purposes of these regu-
lations, stock cooperatives will be subject to the same requirements as condominiums.
16.26.380 STREET
"Street" means a way for vehicular traffic, whether designated as a street, highway, road, avenue, boule-
vard, lane, place, way or other name. "Street" does not include a path or alley.
16.26.390 STREET TREE
"Street tree" means a tree in a public place, street, special easement or right -of -way adjoining a street.
16.26.400 SUBDIVIDER
"Subdivider" means a person, firm, corporation, partnership or association which proposes to divide,
causes to be divided or divides real property for itself or for.others, except employees or representatives of
such persons or entities, acting in such capacity, are not subdividers.
16.26.410 SUBDIVISION
"Subdivision" shall have the meaning as defined in the Subdivision Map Act, including any division for gift
or token consideration. According to the Subdivision Map Act:
"Subdivision" means 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 con-
tiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for
leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units,
even if it is separated by roads, streets, utility easements or railroad rights-of-way. "Subdivision" in-
cludes a condominium project as defined in Section 1350 of the Civil Code, a community apartment
project as defined in Section 11004 of the Business and Professions Code, or the conversion of five or
more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and
Professions Code. Any conveyance of land to a government agency, public entity or public utility 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 live-
stock.
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16.26.420 SUBDIVISION MAP ACT
"Subdivision Map Act" means the Subdivision Map Act of the State of California and such revisions as may
be made by the California legislature.
16.26.430 TENTATIVE MAP
`Tentative Map" refers to a map made for the purpose of showing the design and improvement of a pro-
posed subdivision and the existing conditions in and around it and need not be based upon an accurate or
detailed final survey of the property. Unlike a "Parcel Map" defined above, a tentative map is not required
to be drawn by a registered civil engineer.
16.26.440 VESTING TENTATIVE MAP
"Vesting Tentative Map" refers to a map made which meets the requirements of a Tentative Map and
Chapter 16.12, and has the words "Vesting Tentative Map" printed on it. The vesting tentative map con-
veys development rights for subdivisions according to Chapter 16.12.
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tABIC3 minimum totattEaanb dimensions
Zone
Min. Lot Area
Min. Width (feet)
Min. Depth (feet)
Min. Street Frontage
(sq. ft.)
(feet)
C /OS
5 acres or more as
200
200
20
required by zone
R -1
6,000
50
90
20
R -2
5,000
50
80
20
R -3
5,000
50
80
20
R -4
5,000
50
80
20
0
5,000
50
80
20
PF
6,000
60
90
40
C -N
6,000
60
90
40
C -R
9,000
60
100
40
C -T
9,000
60
100
40
C -C
6,000
60
90
40
C -D
3,000
25
50
15
C -S
9,000
60
100
40
M
9,000
60
100
40
Exceptions:
1. Lots within common interest subdivisions, as defined in Chapter 16.17, may have any size or shape, except in the R -1
zone where subdivisions must meet the lot size and shape standards described in the table above. In the R -1 zone, vari-
able lot sizes may be allowed through Planned Development Zoning, consistent with SLOMC 17.50 and 1762.
2. In residential subdivisions, corner lots shall have a minimum area fifteen percent (15%) greater than otherwise required,
and shall be ten feet wider than otherwise required.
3. See specific requirements for flag lots in Section 16.18.060.
4. Minimum lot area calculations shall not include the area between creek banks as described in the Open Space Element
and Zoning Regulations.
5. Residential Lots sloped 16% or greater must be increased in size to meet minimum density requirements to allow at least
one density unit per lot in accordance with Zoning Regulations Chapter 1716.010.
102