HomeMy WebLinkAbout04-12-2023 PC Agenda Packet
Planning Commission
AGENDA
Wednesday, April 12, 2023, 6:00 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
The City of San Luis Obispo has returned to in-person meetings. Zoom participation will not be
supported. For those attending in-person, City facilities will be at limited capacity and masks are
strongly recommended. Planning Commission meetings can be viewed remotely on Channel 20 and
the City’s YouTube Channel: http://youtube.slo.city
INSTRUCTIONS FOR PUBLIC COMMENT:
Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):
Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990
Palm Street, San Luis Obispo, California, 93401.
Email - Submit Public Comments via email to advisorybodies@slocity.org. In the body of your
email, please include the date of the meeting and the item number (if applicable). Emails will not
be read aloud during the meeting.
Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the
agenda item number you are calling about, and leave your comment. Verbal comments must be
limited to 3 minutes. Voicemails will not be played during the meeting.
*All correspondence will be archived and distributed to members, however, submissions received
after the deadline will not be processed until the following day.
Public Comment during the meeting:
Meetings have returned to an in-person format. To provide public comment during the meeting,
you must be present in the Council Chambers.
Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy,
Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire
to utilize electronic visual aids to supplement their oral presentation are encouraged to provide
display-ready material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the
City Clerk's Office at cityclerk@slocity.org or (805) 781-7114.
Pages
1.CALL TO ORDER
Chair Kahn will call the Regular Meeting of the Planning Commission to order.
2.OATH OF OFFICE
On March 21, 2023, the City Council approved the annual appointment to City
Advisory Bodies, which appointed Lindsay Ringer and Eric Tolle to the Planning
Commission, with 4-years terms commencing on April 1, 2023. Deputy City
Clerk Megan Wilbanks will administer the Oath of Office to the newly-appointed
Commissioners.
3.ELECTION OF CHAIR AND VICE CHAIR
Recommendation:
As required by the Planning Commission Bylaws, hold the annual election of
Chair and Vice Chair to a one-year term.
4.PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
At this time, people may address the Commission about items not on the
agenda. Comments are limited to three minutes per person. Items raised at this
time are generally referred to staff and, if action by the Commission is
necessary, may be scheduled for a future meeting.
5.CONSENT
Matters appearing on the Consent Calendar are expected to be non-
controversial and will be acted upon at one time. A member of the public may
request the Planning Commission to pull an item for discussion. The public may
comment on any and all items on the Consent Agenda within the three-minute
time limit.
5.a CONSIDERATION OF MINUTES - MARCH 22, 2023 PLANNING
COMMISSION MINUTES
5
Recommendation:
To approve the Planning Commission Minutes of March 22, 2023.
5.b 1106 WALNUT ST. (GENP-0144-2023) GENERAL PLAN
CONFORMITY REPORT FOR THE ACQUISITION OF PROPERTY
FOR CITY GOVERNMENT OFFICES
9
Recommendation:
Adopt a Draft Resolution determining General Plan Conformance for the
acquisition of property located at 1106 Walnut Street for City Offices
(GENP-0144-2023).
6.PUBLIC HEARINGS
Note: Any court challenge to the action taken on public hearing items on this
agenda may be limited to considering only those issues raised at the public
hearing or in written correspondence delivered to the City of San Luis Obispo at,
or prior to, the public hearing. If you wish to speak, please give your name and
address for the record. Please limit your comments to three minutes; consultant
and project presentations limited to six minutes.
6.a REVIEW OF COMPREHENSIVE UPDATE TO THE SUBDIVISION
REGULATIONS, TITLE 16 OF THE MUNICIPAL CODE
15
Recommendation:
Adopt a Draft Resolution recommending the City Council introduce and
adopt an Ordinance repealing and replacing Title 16 (Subdivision
Regulations) of the Municipal Code for a comprehensive update to the
Subdivision Regulations.
6.b REVIEW OF CANNABIS BUSINESS OVERLAY ZONES EXPANSION
TO INCLUDE THE RECENTLY ANNEXED FIERO LANE – CLARION
COURT AND EAST AIRPORT AREAS (RZ-0118-2023)
129
Recommendation:
Adopt a Draft Resolution recommending City Council introduce and
adopt an Ordinance expanding the Cannabis Business Overlay Zones
to include the recently annexed Fiero Lane – Clarion Court and the East
Airport Areas of the Airport Area Specific Plan.
7.COMMENT AND DISCUSSION
7.a STAFF UPDATES AND AGENDA FORECAST
Receive a brief update from Deputy Community Development Director
Tyler Corey.
8.ADJOURNMENT
The next Regular Meeting of the Planning Commission is scheduled for April 26,
2023 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San
Luis Obispo.
LISTENING ASSISTIVE DEVICES for the hearing impaired--see the Clerk
The City of San Luis Obispo wishes to make all of its public meetings accessible
to the public. Upon request, this agenda will be made available in appropriate
alternative formats to persons with disabilities. Any person with a disability who
requires a modification or accommodation in order to participate in a meeting
should direct such request to the City Clerk’s Office at (805) 781-7114 at least
48 hours before the meeting, if possible. Telecommunications Device for the
Deaf (805) 781-7410.
Planning Commission meetings are televised live on Charter Channel 20 and on
the City's YouTube Channel: http://youtube.slo.city. Agenda related writings or
documents provided to the Planning Commission are available for public
inspection on the City’s website: https://www.slocity.org/government/mayor-and-
city-council/agendas-and-minutes.
1
Planning Commission Minutes
March 22, 2023, 6:00 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Planning
Commissioners
Present:
Commissioner Justin Cooley, Commissioner Bob Jorgensen,
Commissioner Juan Munoz-Morris, Chair Steve Kahn
(two vacant seats)
Planning
Commissioners
Absent:
Commissioner Dave Houghton
City Staff Present: Community Development Director Michael Codron, Deputy
Community Development Director Tyler Corey, Deputy City
Attorney Sadie Symens, Megan Wilbanks, Deputy City Clerk
_____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo Planning Commission was called to
order on March 22, 2023 at 6:00 p.m. in the Council Chambers at City Hall, 990
Palm Street, San Luis Obispo, by Chair Kahn.
2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Public Comment:
None
--End of Public Comment--
3. CONSENT
3.a CONSIDERATION OF MINUTES - MARCH 8, 2023 PLANNING
COMMISSION MINUTES
Motion By Commissioner Cooley
Second By Commissioner Munoz-Morris
To approve the Planning Commission Minutes of March 8, 2023.
Ayes (4): Commissioner Cooley, Commissioner Jorgensen, Commissioner
Munoz-Morris, and Chair Kahn (two vacant seats)
Absent (1): Commissioner Houghton
CARRIED (4 to 0)
Page 5 of 149
2
4. PUBLIC HEARING
4.a PLANNING COMMISSION CONSIDERATION OF THE 2022 GENERAL
PLAN ANNUAL REPORT
Assistant Planner Graham Bultema presented the staff report and
responded to Commission inquiries.
Chair Kahn opened the Public Hearing
Public Comments:
None
--End of Public Comment--
Chair Kahn closed the Public Hearing
Motion By Commissioner Munoz-Morris
Second By Commissioner Cooley
Receive and file the 2022 General Plan Annual Report for final review and
acceptance by the City Council.
Ayes (4): Commissioner Cooley, Commissioner Jorgensen, Commissioner
Munoz-Morris, and Chair Kahn (two vacant seats)
Absent (1): Commissioner Houghton
CARRIED (4 to 0)
5. COMMENT AND DISCUSSION
5.a STAFF UPDATES AND AGENDA FORECAST
Deputy Community Development Director Tyler Corey provided the
following update of upcoming projects.
On March 21, 2023, the City Council approved the appointment of
two new Planning Commissioners, Eric Tolle and Lindsey Ringer,
to 4-year terms and reappointed Steve Kahn to an additional 4-year
term. The Deputy City Clerk will administer the Oath of Office at the
April 12, 2023 Planning Commission Meeting.
On April 12, 2023, the Planning Commission will hold the annual
election for Chair and Vice Chair, review the General Plan
Conformity Report for a project located at 1106 Walnut Street
(GENP-0144-2023), receive the Subdivision Regulations update,
and review an update to the Cannabis Regulations regarding the
annexation of East Airport and Fiero Lane.
Page 6 of 149
3
Tentatively scheduled for April 26, 2023, is review of the General
Plan Conformity Report for the 2023-25 Capital Improvement Plan.
6. ADJOURNMENT
The meeting was adjourned at 6:43 p.m. The next Regular Meeting of the
Planning Commission is scheduled for April 12, 2023 at 6:00 p.m. in the Council
Chambers at City Hall, 990 Palm Street, San Luis Obispo.
_________________________
APPROVED BY PLANNING COMMISSION: XX/XX/2023
Page 7 of 149
Page 8 of 149
PLANNING COMMISSION AGENDA REPORT
SUBJECT: GENERAL PLAN CONFORMITY REPORT FOR THE ACQUISITION OF
PROPERTY LOCATED AT 1106 WALNUT FOR CITY GOVERNMENT OFFICES
BY: Rachel Cohen, Senior Planner FROM: Tyler Corey, Deputy Director
Phone Number: 805-781-7574 Phone Number: 805-781-7169
Email: rcohen@slocity.org Email: tcorey@slocity.org
APPLICANT: City of San Luis Obispo REPRESENTATIVE: Shelly Stanwyck
RECOMMENDATION
Adopt a Draft Resolution determining General Plan Conformance for the acquisition of
property located at 1106 Walnut Street for City Offices (GENP-0144-2023).
1.0 COMMISSION'S PURVIEW
Section 65402 of the California Government Code requires the local planning agency
make a finding of General Plan conformance whenever a governmental entity proposes
to acquire or dispose of a property. Specifically, Section 65402 requires that the location,
purpose, and extent of real property acquisition (and disposition) be submitted to and
reported upon by the planning agency having jurisdiction as to conformity with the City’s
adopted general plan (Cal. Gov’t Code § 65402(c)).
2.0 PROJECT DESCRIPTION
The proposed property being considered for acquisition by the City is located at 1106
Walnut Street (APN: 001-207-018). The property is approximately 0.87 acres in size and
within the Office (O) zone. Figure 1 shows the location of the property and its proximity to
other City and County offices in the downtown area.
Meeting Date: 4/12/2023
Item Number: 5b
Time Estimate: N/A - Consent
Page 9 of 149
Item 5b
GENP-0144-2023
Planning Commission Report – April 12, 2023
Police Dept.
City Hall
City Offices
County
Offices
City Offices
Proposed Site
Figure 1: The proposed site (1106 Walnut) is located across Santa Rosa Street
from the City’s Police Department.
Page 10 of 149
Item 5b
GENP-0144-2023
Planning Commission Report – April 12, 2023
3.0 PROJECT ANALYSIS
The proposed acquisition of 1106 Walnut Street for City government offices conforms
with both the City’s General Plan and Zoning Regulations as described in detail below.
The City may consider using the site as a public safety facility in the future if and when a
General Plan amendment and Use Permit is approved for the site.
Consistency with the General Plan
The Land Use Element (LUE) identifies Government Offices as one of the many uses
designed to utilize land designated as Office. The Office land use designation provides
for offices uses that “meet the needs of city and specialized needs of county residents ,”
such as the following:
Professional and financial services such as doctors, architects, insurance
companies and banks
Government offices
Residential uses
Mixed-use projects
Public and quasi-public uses
LUE policies outline that government offices should be located near other government
offices and within the downtown area. As shown in Figure 1 (above), the proposed
property is located approximately 1,200 feet from other City and County government
offices and across the street from the City’s Police Department in the downtown area.
LUE Policy 4.21: City Hall and the County Government Center should remain at
their present locations. Additional local government administrative office space
which cannot be accommodated within the existing city and county properties
should be developed nearby within the Downtown.
LUE Policy 5.1.1: The City shall support the continued grouping of government
offices that provide similar types of services for efficient service delivery.
Consistency with the Zoning Regulations
The City is proposing to utilize the building at the proposed property for use as
government offices which may include, but not limited to administrative offices, meeting
spaces, accessory uses, etc. Some examples of possible office usage include providing
additional space for City’s departments where staff are sharing cubical spaces due to staff
exceeding the capacity of existing buildings or providing office space prior to a more
formal remodel of the “City Hall Campus” when SLO Rep moves to its new building.
Zoning Regulations Chapter 17.24 describes the “office zone” as including “a range of
public administrative uses.” The office use is defined as “firms or organizations providing
professional, executive, management, or administrative services, such as accounting,
architectural, computer software design, engineering, graphic design, interior design,
legal offices, and tax preparation offices…1” Per Table 2-1, Uses Allowed by Zone,
government offices are an allowed within the Office Zone by right.
1 Section 17.156.032
Page 11 of 149
Item 5b
GENP-0144-2023
Planning Commission Report – April 12, 2023
4.0 ENVIRONMENTAL REVIEW
Section 15061(b)(3) states a project is exempt from CEQA if the activity is covered by the
general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. The determination of general plan conformity for the
acquisition of land for government office use by the City of San Luis Obispo is not subject
to CEQA because the project will not have a significant effect on the environment since it
is a policy review of whether acquiring land conforms with the General Plan. Any future
development related to the proposed property will be subject to environmental review as
required under CEQA.
5.0 OTHER DEPARTMENT COMMENTS
There is concurrence from the Administration Department on this recommendation.
6.0 ALTERNATIVES
1. Continue consideration of the proposal, with direction to staff on items needed or
necessary information to make a decision on General Plan conformity.
2. Deny that the proposed property acquisition for 1106 Walnut Street is in
conformance with the General Plan based on finding(s) of inconsistency with the
General Plan. Staff does not recommend this alternative as the project is critical
for needed City Government offices.
7.0 ATTACHMENTS
A - Draft Planning Commission Resolution determining General Plan Conformance for
the acquisition of property for City Government Offices.
Page 12 of 149
RESOLUTION NO. XXXX-23
A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION
DETERMINING GENERAL PLAN CONFORMANCE FOR THE
ACQUISITION OF PROPERTY LOCATED AT 1106 WALNUT FOR CITY
GOVERNMENT OFFICES THAT IS EXEMPT FROM CEQA PER SECTION
15061(B)(3) THE GENERAL RULE AS REPRESENTED IN THE
PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS
DATED APRIL 12, 2023 (1106 WALNUT STREET, GENP-0144-2023)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public meeting in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 12, 2023, for the purpose of reviewing the acquisition of property for
City Government Offices for General Plan Conformity as required by California
Government Code Section 65402 (GENP-0144-2023); and
WHEREAS, notices of said public hearing were made at the time and in the
manner required by law; and
WHEREAS, the Planning Commission has duly considered all evidence and
recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the
following findings:
1. The acquisition of property for City Governmental Offices will not harm the general
health, safety, and welfare of people living or working in the vicinity because the
proposed project is consistent with the General Plan Land Use Element and the
Zoning Regulations.
Section 2. Environmental Review. Section 15061(b)(3) states a project is exempt
from CEQA if the activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. Where it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA. The
determination of general plan conformity for the acquisition of land for government office
use by the City of San Luis Obispo is not subject to CEQA because the project will not
have a significant effect on the environment since it is a policy review of whether acquiring
land conforms with the General Plan. Any future development related to the proposed
property will be subject to environmental review as required under CEQA.
Page 13 of 149
Planning Commission Resolution No. PC-XXX-2023 Page 2
GENP-0144-2023 (1106 Walnut)
Section 3. Action. The Planning Commission does find and report that GENP -
0144-2023 conforms to the City of San Luis Obispo’s General Plan pursuant to California
Government Code Section 65402.
On motion by ___________________, seconded by _____________________,
and on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this day of April 12, 2023.
__________________________
Tyler Corey, Secretary
Planning Commission
Page 14 of 149
PLANNING COMMISSION AGENDA REPORT
SUBJECT: REVIEW OF COMPREHENSIVE UPDATE TO THE SUBDIVISION
REGULATIONS (TITLE 16 OF THE MUNICIPAL CODE)
BY: Brian Leveille FROM: Tyler Corey, Deputy Director
Phone Number: 805-781-7166 Phone Number: 805-781-7169
Email: bleveille@slocity.org Email: tcorey@slocity.org
APPLICANT: City of San Luis Obispo REPRESENTATIVE: Brian Leveille
RECOMMENDATION
Adopt a Draft Resolution recommending the City Council introduce and adopt an
Ordinance repealing and replacing Title 16 (Subdivision Regulations) of the Municipal
Code for a comprehensive update to the Subdivision Regulations.
1.0 COMMISSION'S PURVIEW
Review the recommended amendments to the Subdivision Regulations of the Municipal
Code and make a recommendation to City Council for their introduction and adoption.
2.0 BACKGROUND
A comprehensive update of the Subdivision Regulations was included as a strategic task
of the FY 22-23 Housing and Homelessness Major City Goal for the implementation of
Housing Element Policy. The update is also consistent with on-going efforts to update
and improve various development regulations. Subdivision Regulations have not been
updated since 2007, which necessitates updates to be consistent with state law,
implement General Plan policy, achieve consistency with review procedures of the Zoning
Regulations, and improve the function of the document.
3.0 RECOMMENDED AMENDMENTS
The following amendments are a summary of the more substantive revisions and updates
recommended for adoption. Exhibit A of the draft resolution (Attachment 1) is the
legislative draft showing all recommended changes with new recommended language
underlined, and proposed language to be deleted shown in strikethrough. The main topics
summarized below are not shown in order of importance but as they appear in the
regulations to assist with review and for clarity.
Meeting Date: 4/12/2023
Item Number: 6a
Time Estimate: 45 Minutes
Page 15 of 149
Item 6a
CODE-0155-2023
Planning Commission Report – April 12, 2023
Review Authority (Chapter 16.04)
Revisions clarify concurrent review requirements for subdivisions with associated
development review entitlements. Consistent with provisions in the Zoning Regulations ,
multiple applications for the same entitlement are reviewed and acted on by the highest
review authority designated by the Zoning Regulations or Subdivision R egulations.
Review authority for the City Council, Planning Commission, Community Development
Director and Public Works Director are updated to be consistent with other revisions for
concurrent review. In order to achieve concurrent review authority, the proposed revisions
designate the Planning Commission as having final review authority over any tentative
map application (including tentative tract maps) where the Planning Commission is the
final review authority for related development review entitlements. Currently, tentative
maps which require final maps (Tentative Tract Maps) are required to undergo an extra
step of review at the City Council as part of the planning review component. 1 This
recommended change in review authority represents a significant opportunity to
streamline review and reduce the number of hearings required in addition to aligning the
subdivision review with the Architectural/Development review components of a
development application.
Types of Maps Required (Chapter 16.08)
This Chapter was reorganized to simplify and focus on the map types required under the
Subdivision Map Act (SMA) and Subdivision Regulations. Language was revised to more
clearly describe when Tentative Parcel Maps or Tentative Tract Maps are required.
Provisions were added allowing condominium projects to be processed as Tentative
Parcel Maps when the Tentative Tract Map and Final Map requirement is waived pursuant
to Chapter 16.14. This allows streamlining and concurrent review of condominium
projects of five or more units which previously would have required the extra step of
Council review for Tentative Tract Map approval. The recommended updates include
more clear explanations of the types of subdivisions possible, and how development
standards are applied for proposed subdivisions under this Chapter2.
Urban Lot Splits (Chapter 16.15)
This is a new chapter intended to implement state law which mandates ministerial review
of subdivision applications for urban lot splits consistent with California Senate Bill 9 and
which are now codified in Government Code Section 66411.7. The new regulations set
an objective review process where tentative maps are reviewed ministerially. The Chapter
also clarifies standards and the criteria for which exceptions may be requested and
approved on an objective basis.
1Final maps must still be approved by the City Council. (16.04.010(A).)
2 This revision will allow for Tentative Parcel Map submittals in place of Tentative Tract Maps (which require
a final map and Council review) of condominium projects of five or more units in residential zones. City
regulations currently only provide for parcel map submittals for condominium projects in the residential zone
with less than five units or if zoned commercial.
Page 16 of 149
Item 6a
CODE-0155-2023
Planning Commission Report – April 12, 2023
Airspace and Common Interest Subdivision and Flexible Lot Design Subdivisions, and
Condominium Conversions (Chapter 16.17)
Revisions to this Chapter reorganize and simplify the requirements for Common Interest
Subdivisions, Airspace Subdivisions, and Condominium Conversions which are provided
for under current regulations and adds new provisions to provide for Flexible Lot Design
Subdivisions. The recommended updates clarify the types of subdivisions possible, and
how development standards are applied for proposed subdivisions under this Chapter3.
New regulations also provide for Flexible Lot Design Subdivisions in the R-1 zone which
require development review at the Moderate review level (ARC recommendation to the
Director) and are limited to four lots. For these subdivisions, in the R -1 zone each of the
proposed parcels may be any size or shape but must meet the minimum size
requirements for each dwelling and meet development standards for parking, setbacks,
lot coverage, etc. All subdivision types proposed under this Chapter require concurrent
development review approval based on the review levels established in the Zoning
Regulations. Updates to the Condominium Conversion regulations consist predominantly
of cleanup items and corrections to review timeframes.
General Subdivision Design Standards (Chapter 16.18)
More specific requirements for the location of lot lines have been added , and “alternative
design standards” and related figures have been removed. The adjustments to
requirements for lot lines will assist with the objective review of urban lot split applications.
Removal of “alternative design standards” was recommended by the Transportation
Division of the Public Works Department since the standards have no practical application
within the Subdivision Regulations and to reflect current practice . In order to implement
General Plan policies for development on hillsides , relevant standards from the Zoning
Regulations have been incorporated4 and applicable standards from the Community
Design Guidelines have been added along with more specific language on when the
Hillside standards apply.
4.0 CONSISTENCY WITH THE GENERAL PLAN
The recommended updates directly implement the Housing Element by providing clear
objective standards and allowed map types for small lot subdivisions (Flexible Lot Design
Subdivisions), and common interest and airspace subdivisions. Specifically, Housing
Element Policy 6.205 calls for updating the regulations to support small lot subdivisions
and other alternatives to conventional subdivision design.
3 For subdivisions proposed under Chapter 16.17 conformance with development standards is based on
the overall property boundaries prior to subdivision, leaving flexibility for various proposed parcel/unit
configurations. Flexible Lot subdivisions provide an option f or ground level lot lines of various shapes and
sizes to be established.
4 Zoning Regulations section 17.70.090 includes various Hillside Development Standards that apply
specifically to General Plan designated Hillside Planning Areas and sites that have an average cross slope
of 16 percent or more.
5 HE Policy 6.20 – Evaluate and update the Subdivision Regulations, within three years of Housing Element
adoption, to support small lot subdivisions, ownership bungalow court development, and other alternati ves
to conventional subdivision design.
Page 17 of 149
Item 6a
CODE-0155-2023
Planning Commission Report – April 12, 2023
The project implements Land Use Element Policy for hillside protection (LUE Policy 6.4)
by incorporating and cross-referencing Zoning regulations and objective Community
Design Guidelines for Hillside development that apply to subdivision projects. The
recommended updates also generally support implementation of the General Plan by
ensuring the Subdivision Regulations support and work in harmony with other Planning
regulations such as the Zoning Regulations, Specific Plans, and Design Guidelines with
updates for concurrent review and streamlining where possible.
5.0 PUBLIC ENGAGEMENT
According to the Public Engagement and Noticing (PEN) manual, the Subdivision
Regulations Update falls under inform/consult outreach category because the program is
specifically identified in the Housing Element as a Policy and Program, and included as
a work program item in the 2021-23 Financial Plan Housing & Homelessness Major City
Goal. Staff conducted outreach to various architects, engineers, an d developers.
Engineering also distributed the draft updates for review to the San Luis Obispo branch
of the American Society of Civil Engineers (ASCE) and the California Land Surveyor’s
Association (CLSA) Central Coast Chapter. A City News Item was also posted on the City
website with emails sent to all subscribers interested in planning and housing issues.
6.0 ENVIRONMENTAL REVIEW
The recommended actions were reviewed in accordance with the California
Environmental Quality Act (CEQA) Guidelines. The recommended actions are
determined to be exempt from environmental review pursuant to the General Rule (CEQA
Guidelines Section 15061(b)(3), which exempts activities that can be seen with certainty
to have no possibility for causing a significant effect on the environment.
The Subdivision Regulations update is consistent with existing General Plan policies and
implementing regulations that govern development standards such as Zoning
Regulations, and planning regulations contained in specific plans. The Subdi vision
Regulations will not alter or allow any development that is not consistent with existing City
codes, standards, or policies and therefore it can be seen with certainty that the
recommended Subdivision Regulations update could not have a physical eff ect on the
environment.
7.0 OTHER DEPARTMENT COMMENTS
Planning staff collaborated with various City Departments and Divisions on the project
including Public Works, Engineering, Fire, and Building.
Page 18 of 149
Item 6a
CODE-0155-2023
Planning Commission Report – April 12, 2023
8.0 ALTERNATIVES
1. Recommend the City Council not adopt recommended Municipal Code
Amendments. This is not recommended as it would not allow implementation of
Housing Element policies and programs and needed improvements to the
document for consistency with state law would not be accomplished.
2. Modify the Recommendation. The Planning Commission may modify the
recommended action.
3. Continue the item. The Planning Commission may continue the item for any
needed additional information. An action to continue the item should include a
detailed list of additional information or analysis required to make a decision.
9.0 ATTACHMENTS
A – Draft Resolution with Exhibit A recommending the City Council introduce and
ordinance and adopt the recommended Subdivision Regulations Updates.
Page 19 of 149
Page 20 of 149
R ______
RESOLUTION NO. _____ (2023 SERIES)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL INTRODUCE AND ADOPT AN ORDINANCE REPEALING
AND REPLACING TITLE 16 (SUBDIVISION REGULATIONS) OF THE
MUNICIPAL CODE FOR A COMPREHENSIVE UPDATE OF THE
SUBDIVISION REGULATIONS
WHEREAS, the Planning Commission of the City of San Luis Obispo (“City”)
conducted a public hearing in the Council Chambers of City Hall, 990 Palm Street, San
Luis Obispo, California on April 12, 2023, for the purpose of reviewing and making
recommendations to the City Council of San Luis Obispo for a comprehensive update of
the Subdivision Regulations of the Municipal Code; and
WHEREAS, notices of said public hearing were made at the time and in the
manner as required by law; and
WHEREAS, the Planning Commission has duly considered all evidence presented
by City staff and public commentors at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence presented, the Planning
Commission makes the following findings:
1. The proposed amendments to the Subdivision regulations will implement and
be consistent with ongoing efforts to keep the municipal code current and
consistent with relevant state law and related City regulations and policies.
2. The proposed amendments will not alter the character of 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 and create regulations for ownership boundaries and the
municipal procedures surrounding the establishment of such ownership
boundaries.
3. The proposed amendments are consistent with and implement Housing
Element Policy 6.20 by establishing regulations to support small lot
subdivisions and other alternatives to conventional subdivision design.
4. The proposed amendments are consistent with and implement General Plan
Land Use Element Program 6.5.1 and Land Use Element policies under section
6.4 for the sensitive development of areas designated as Hillside Planning
areas and sites with slopes over 16 percent.
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Resolution No. _____ (2023 Series) Page 2
R ______
5. The recommended amendments are consistent with the General Plan since the
Subdivision Regulations support implementation of the General Plan , and
updates will result in more clear regulations and concurrent review processes
with related Planning regulations such as the Zoning Regulations, Specific
Plans, and Design Guidelines.
SECTION 2. Environmental Review. The recommended actions were reviewed in
accordance with the California Environmental Quality Act (CEQA) Guidelines. The
recommended actions are determined to be exempt from environmental review pursuant
to the General Rule (CEQA Guidelines Section 15061(b)(3)), which exempts activities
that can be seen with certainty to have no possibility for causing a significant effect on the
environment.
The Subdivision Regulations update is consistent with existing General Plan policies ,
implementing regulations that govern development standards suc h as Zoning
Regulations, and Specific Plans. The Subdivision Regulations will not alter or allow any
development that is not consistent with existing City codes, standards, or policies and
therefore it can be seen with certainty that the recommended Subdivision Regulations
update could not have a physical effect on the environment.
SECTION 3. Recommended actions. The Planning Commission does hereby
recommend the City Council:
1. Introduce and adopt an Ordinance repealing and replacing Title 16 (Subdivision
Regulations) of the Municipal Code, as shown in the attached Exhibit A, for a
comprehensive update of the Subdivision Regulations.
Upon motion of Commissioner ___________, seconded by Commissioner
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 12th day of April 2023.
__________________________
Tyler Corey, Secretary
Planning Commission
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Chapter 16.01 General Processing Overview for Subdivision Projects
Sections:
16.01.010 - General processing overview for subdivision projects.
16.01.010 General processing overview for subdivision projects.
A. Why Regulate Subdivisions? Property lines, 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.
B. 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 overview of the steps typically involved in
tentative
1. The applicant submits an initial application, smatentative map and processing fees to the
community development 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 determination will be made whether the project qualifies for an exemption If the project
does not qualify for exemptions, a separate application and fee is required and staff will prepare an
initial study to identify potential 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 measures 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
development director, the planning commission, or the city council will review the subdivision. The
subdivision proposal may be approved, denied, or approved subject to conditions. Conditions may
include (but are not limited to) dedication of land, physical improvements to the site or to an off-site
location, street improvements, and provision of utilities.
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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
recorder’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. (Ord. 1490 § 3
(part), 2006)
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Chapter 16.02. General Provisions
Sections:
16.02.005 Purpose of provisions.
16.02.010 Title, and Aauthority, Interpretation.
16.02.020 Purpose.
16.02.030 Conformity to Ggeneral Pplan, Sspecific Pplans and Zzoning Rregulations.
16.02.040 Interpretation and application.
16.02.04050 Projects subject to cCity Ssubdivision Rregulations.
16.02.05060 Projects Eexcluded and Exempt projectsfrom subdivision regulations.
16.02.006070 Processing Ffees.
16.02.007080 Withdrawal of Tentative Map Aapplications and Applications Deemed Inactive.
16.02.008090 Effect of Aannexation.
16.02.090100 Conflict with Ppublic Pprovisions.
16.02.10010 Conflict with Pprivate Pprovisions.
16.02.11020 Actions by Ppersons with Iinterest.
16.02.120 Prior Rights and Violations.
16.02.130 Severability, Partial Invalidation of the Subdivision Regulations.
16.02.005 Purpose of provisions.
This chapter describes the authority, purpose, applicability, and other general provisions of these
regulations. (Ord. 1490 § 3 (part), 2006)
16.02.010 Title, and aAuthority, Interpretation.
This chapter describes the authority, purpose, applicability, and other general provisions of these
regulations. (Ord. 1490 § 3 (part), 2006)
A. The provisions of Title 16 of the City of San Luis Obispo Municipal Code shall be known and cited
as the "City of San Luis Obispo Subdivision Regulations" or “Subdivision Regulations”.title of this
title of the municipal code shall be known and cited as the “subdivision regulations of the city.”
B. Nothing in this title 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. (Ord. 1490 § 3 (part), 2006)
D. When interpreting and applying Subdivision Regulations, all provisions shall be considered to be
minimum requirements, unless specifically stated otherwise. 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. (Ord. 1490 § 3 (part), 2006)
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16.02.020 Purpose.
These rThe Subdivision 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 incorporated in these regulations shall apply to all subdivisions, subdivision maps
and proceedings under the following Subdivision Rregulations.
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 City of San Luis Obispo Ggeneral
Pplan and specific plans;
C. To ensure that real property, which is to be divided, can be used without danger to inhabitants or
property 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
cCirculation eElement of the Ggeneral pPlan;
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. (Ord. 1490 § 3 (part), 2006)
16.02.030 Conformity to gGeneral Pplan, Sspecific Pplans and Zzoning rRegulations.
No land shall be subdivided and developed for any purpose which is not in conformity with the Ggeneral
Pplan and any specific plan of the city or permitted by the Zzoning Rregulations or other applicable
provisions of the Mmunicipal Ccode. The type and intensity of land use as shown on the Ggeneral Pplan
shall determine the type of streets, roads, highways, utilities and public services that shall be provided by
the subdivider. The Ssubdivision Rregulations are an implementation tool for Ggeneral Pplan policy. (Ord.
1490 § 3 (part), 2006)
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16.02.040 Interpretation and aApplication.
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. (Ord. 1490 § 3 (part), 2006)
16.02.04050 Projects Ssubject to Ccity Ssubdivision Rregulations.
These regulations shall apply to any division of land within the city and shall control the preparation,
processing and approval of all tentative maps, vesting tentative, final maps, parcel maps, certificates of
compliance, lot line adjustments, lot mergers all parts of subdivisions within the Ccity of San Luis Obispo
and to the preparation of subdivision maps and to other maps actions provided for by the Subdivision Map
Act. Except as noted in this section, 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. (Ord. 1490 § 3 (part), 2006)
16.02.05060 Excluded and Exempt pProjects. from subdivision regulations
Projects Not Subject to the Map Act or the Subdivision Regulations. Pursuant to Gov’t Code Section 66412,
tThe Subdivision Map Act and the Subdivision Regulations do not apply to Tthe following: are not
considered subdivisions and are therefore excluded from tentative and parcel or final map requirements:
A. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings,
industrial buildings, commercial buildings, mobile home parks or trailer parks.
B. Mineral, oil, or gas leases.
C. Land dedicated for cemetery purposes under the State Health and Safety Code.
D. 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
existed is not thereby created.
E. Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code for
community apartment or cooperative housing projects.
F. The conversion of a residential community apartment project or a stock cooperative to a
condominium if the requirements of Sections 66412(g) and (h) of the Subdivision Map Act are met.
G. 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.
D. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.
E. The construction, financing or leasing of second residential units pursuant to the zoning
regulations.
F. Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.
G. Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for
financing, erection, and sale or lease of a wind-powered electrical generation device which is
subject to discretionary action by the city. (Ord. 1490 § 3 (part), 2006)
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Projects Exempt from the Mapping Requirements. The following are generally subject to these Subdivision
Regulations, but are exempt from the tentative, parcel and final map requirements of these Subdivision
Regulations and the Subdivision Map Act pursuant to Gov’t Code Section 66412:
A. 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 existed is not thereby created.
B. Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code for
community apartment or cooperative housing projects.
C. The conversion of a residential community apartment project or a stock cooperative to a
condominium if the requirements of Sections 66412(g) and (h) of the Subdivision Map Act are
met.
D. 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.
H. (Ord. 1490 § 3 (part), 2006)
16.02.006070 Processing Ffees.
A fee, established by resolution of the Ccity Ccouncility 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 Ccommunity Ddevelopment and Ppublic Wworks Ddepartments. (Ord. 1490 § 3 (part), 2006)
16.02.007080 Withdrawal of Tentative Map Aapplications and Aapplications Ddeemed
Iinactive.
Requests for withdrawal of tentative mapa subdivision applications shall be submitted in writing to the
Ccommunity Ddevelopment dDirector. 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 subdivision public hearing. (Ord. 1490 § 3 (part), 2006). Applications will be deemed inactive
when the applicant has not responded within 180 days to submit any information items required by staff for
further processing as provided in an incomplete letter to complete the application or any other needed
information deemed necessary for environmental review. The applicant shall have the ability to otherwise
demonstrate to the satisfaction of the Director of Community Development that progress is being made
toward compliance. The Director shall determine when an application is in an “inactive status” and deemed
to be withdrawn.
16.02.008090 Effect of Aannexation.
Any subdivision subject to annexation to the city shall comply with the Subdivision Map Act and City
Subdivision Regulations. (Ord. 1490 § 3 (part), 2006)
16.02.090100 Conflict with Ppublic Pprovisions.
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
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any other regulation or law, whichever provisions are more restrictive or impose higher standards shall
control. (Ord. 1490 § 3 (part), 2006)
16.02.10010 Conflict with Pprivate Pprovisions.
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 thereunder, then such
private provisions shall be operative and supplemental to these regulations. (Ord. 1490 § 3 (part), 2006)
16.02.11020 Actions by Ppersons with iInterest.
When any provisions of the Subdivision Map Act or of these regulations require the execution of any
certificate or affidavit or the performance of any act of 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 therefor and designated so to act by the councilCity Council.
(Ord. 1490 § 3 (part), 2006)
16.02.130120 Prior Rights and Violations
The enactment of the Subdivision Regulations shall not terminate nor otherwise affect vested land use
development permits, approvals, or agreements authorized under the provisions of any prior ordinance or
resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of the
Subdivision Regulations.
16.02.130140 – Severability, Partial Invalidation of the Subdivision Regulations
If any portion of the Subdivision Regulations is held to be invalid, unconstitutional, or unenforceable by a
court of competent jurisdiction, such determination shall not affect the validity, constitutionality, or
enforceability of the remaining portions of this Title. The Council hereby declares that this Chapter and
each division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof
is adopted without regard to the fact that one or more portions of this Chapter may be declared invalid,
unconstitutional, or unenforceable.
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Chapter 16.04 Review Authority
Sections:
16.04.005 Purpose of provisions.
16.04.006 Concurrent Application Processing
16.04.010 City Ccouncilouncil.
16.04.020 Planning Ccommission.
16.04.030 Community Ddevelopment Ddirector/subdivision hearing officer.
16.04.040 City Ppublic Wworks Ddirector.
16.04.050 City Aattorney.
16.04.060 City Cclerk.
16.04.070 County Rrecorder.
16.04.005 Purpose of pProvisions.
This chapter describes the duties and responsibilities of those authorized to review and act on subdivisions
governed by these regulations. (Ord. 1490 § 3 (part), 2006)
16.04.006 Concurrent Application Processing.
A. Subdivision applications subject to discretionary review that also include an associated
development review entitlement shall be reviewed concurrently, consistent with review procedures
identified in Zoning Regulations Chapter 17.106 and Subdivision Regulations Sections 16.04.010 –
16.04.070. Multiple applications for the same project shall be processed concurrently and shall be
reviewed and acted upon by the highest review authority designated by the Subdivision
Regulations or Zoning Regulations for any of the applications. For example, a project for which
applications for Major Development Review project and a Tentative Parcel Map are filed shall have
both applications decided by the Planning Commission, instead of the Director being the final
decision-making authority for the Tentative Parcel Map application.
.
16.04.010 City Ccouncil Council.
A. The Ccity Ccouncilouncil shall review and have final approval authority forto approve, conditionally
approve or deny:
1. Subdivision applications that result in or include concurrent review of any legislative action.
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
improvements as may be proposed for dedication in conjunction with final maps.
3. Right-of-way abandonment.
4. Condominium conversion approvals.
3.5. Approval of final maps pursuant to 16.14.090
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B. The city councilCity Council shall act on all Any appeals of action taken by the pPlanning
Ccommission on subdivisions governed by these regulations. (Ord. 1490 § 3 (part), 2006)
16.04.020 Planning cCommission.
A. The Planning Commission shall review and make recommendations for approval, conditional
approval or denial to City Council on:
1. Tentative map applications (tentative parcel maps and tentative tract maps) that also include
concurrent processing of a rezoning, an amendment to the zoning regulations or the general
plan, or any other legislative action.
2. Condominium Conversion Requests.
3. Any subdivision application which includes final review authority by the City Council, as
identified in 16.04.010 (City Council).
The planning commission shall review and make recommendations on:
A. All tentative map applications for subdivisions of five 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.
B. 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
legislative action. The commission’s action shall be in the form of a recommendation to city council
for approval, conditional approval, or denial.
C. Tentative maps for minor subdivisions with requested exceptions to subdivision standards,
providing they are not in conjunction with items listed in subsection B of this section. The
commission may take final action on these items.
D. 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. (Ord. 1490 § 3 (part),
2006)
B. The Planning Commission shall review and have the final review authority to approve, conditionally
approve, or deny:
1. Tentative map applications (Tentative Parcel and Tentative Tract Map) where the Planning
Commission is the final review authority for related development review entitlements consistent
with the Zoning Regulations (Multiple Permit Applications – SLOMC 17.102.E.)
2. Tentative map applications (Tentative Parcel and Tentative Tract Map) with requested
exceptions to subdivision standards, providing they are not in conjunction with items requiring
Council approval as listed in 16.04.010.
3. Appeals of actions taken by the Community Development Director governed by these
regulations.
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16.04.030 Community Ddevelopment Ddirector/subdivision hearing officer.
A. The The Community Development Ddirector [hereinafter, “the Director”] director (or designee) shall
review and have the authority to act on:
1. Tentative Parcel maps submitted concurrent withfor projects subject to the Minor and
Moderate levels of review described in Zoning Regulations Ssection 17.106.030 B. & C. which
are minor subdivisions not in conjunction with a rezoning, an amendment to either the zoning
regulations or the gGeneral Pplan, residential condominium conversion, or any other
legislative action and which do not require Planning Commission or City Council approval.
1.2. Tentative Parcel Maps for projects which have already obtained Development review
approval, and which have already obtained or do not require condominium conversion
approval and do not require final map approval per 16.08.050.
3. Parcel Maps
2.4. Lot line adjustments (16.08.040).
3.5. Lot combinations (voluntary mergers -16.08.030).
4.6. Certificates of compliance and Conditional Certificates of Compliance (16.08.10)..
5. Conditional certificates of compliance.
6.7. Commercial condominium conversions together with a tentative map for projects eligible to
record a parcel rather than a final map, pursuant to 16.08.050 and Section 66426(c) of the
Subdivision Map Act.
7.8. Parcel map waivers (16.08.110).
8.9. Time extension requests for filing parcel or final maps (16.10.155).
10. Minor amendments to tentative maps (see Section 16.10.160).
9.11. Urban Lot Splits (16.15)
B. The Ddirector shall be responsible for responding to any notice of violation pursuant to Section
66499.36 of the Subdivision Map Act.
C. The Ddirector may appoint a Ssubdivision Hhearing Oofficer to act on any or all of the subdivision
projects within the purview of the Ddirector as authorized by these Ssubdivision Rregulations.
D. The Ddirector, at his or her sole discretion, may refer subdivision projects within the purview of the
Ddirector to the Pplanning Ccommission or Ccity Ccouncil for action. (Ord. 1490 § 3 (part), 2006)
D.E. Review of substantial compliance with approved or conditionally approved tentative maps and
certification of such by signature on the corresponding parcel map and or, upon approval by the
City Council, final maps to be filed with the County recorder.
16.04.040 City Ppublic Wworks Ddirector.
A. The Ccity’s Ppublic Wworks dDirector (or designee of) shall be responsible for:
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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 Ggeneral Pplan 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. RecommendProcessing approval or denial action to the Community Development Director on
whether to certify parcel and final maps, and reversion to acreage maps., to determine if they
are in substantial 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
recorder.
B. The Ccity Ppublic Wworks Ddirector (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 Ccity for minor subdivisions, and shall so certify by signature on the parcel map.
(Ord. 1490 § 3 (part), 2006)
16.04.050 City Aattorney.
The Ccity Aattorney 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 notice
of violation before it is forwarded to the Ccounty rRecorder. (Ord. 1490 § 3 (part), 2006)
16.04.060 City Cclerk.
The Ccity Cclerk shall certify actions taken by the cCity CcouncilCity Council by signature on: (A) all
resolutions approving subdivisions acted on by the CcouncilCity Council; and (B) the title sheet of the
parcel or final maps. (Ord. 1490 § 3 (part), 2006)
16.04.070 County Rrecorder.
The Ccounty rRecorder 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.
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Table 1. Level of Review by Subdivision Project
Application Type Decision Maker Appeal Body
Lot line adjustment, lot combination
(voluntary merger)
Director
(no hearing)
Planning
Ccommission
Certificate of compliance Director
(no hearing)
Planning
Ccommission
Conditional certificate of
compliance
Planning
Ccommission
with no concurrent rezoning or
other legislative action
Hearing officer Planning
Ccommission
with exceptions but no concurrent
rezoning or other legislative action
Planning Ccommission Council
Parcel map City public works director
(no hearing)
Council
Twith concurrent processing of
rezoning or other legislative action
Planning commission
reviews/recommends;
councilCity Council takes
final action
—
CFinal map Council —
Residential condominium
conversion
Planning Ccommission
reviews; CcouncilCity
Council takes final action
—
Commercial condominium
conversion
Director Council
Reversion to acreage Planning commission Council
Minor amendments to tentative
maps and time extensions
Director Planning
commission
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(1) . A tentative parcel mapand a must be recorded with a Some maps involving commercial property with
greater than four lots may fit this category.
(Ord. 1490 § 3 (part), 2006)
Table 1. Level of Review by Subdivision Project
Application Type Decision Maker Appeal Body Environmental
Review?
Lot line adjustment, lot combination
(voluntary merger)
Director
(no hearing)
Planning
commission
No*
Certificate of compliance Director
(no hearing)
Planning
commission
No*
Conditional certificate of compliance Hearing officer Planning
commission
No*
Tentative map for subdivision of four or
fewer lots with no concurrent rezoning
or other legislative action(1)
Hearing officer Planning
commission
No*
Tentative map for subdivision of four or
fewer lots with exceptions but no
concurrent rezoning or other legislative
action
Planning commission Council Yes
Parcel map City public works director
(no hearing)
Council No*
Tentative map for subdivision of five or
more lots, and all other maps with
concurrent processing of rezoning or
other legislative action
Planning commission
reviews/recommends;
council takes final action
— Yes
Final map Council — No*
Residential condominium conversion Planning commission
reviews; council takes
final action
— No
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Commercial condominium conversion Director Council No*
Reversion to acreage Planning commission Council No*
Minor amendments to tentative maps
and time extensions
Director Planning
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 four lots may fit this category.
(Ord. 1490 § 3 (part), 2006)
Chapter 16.08. Types of Maps Required
Sections:
16.08.005 Purpose of provisions.
16.08.010 Certificate of ComplianceSubdivisions creating four or fewer parcels (minor subdivision).
16.08.020 Lot Combinations – Voluntary Mergersline adjustments.
16.08.030 Lot Line AdjustmentsWaiver of parcel map requirement.
16.08.040 Tentative Tract MapsSubdivisions creating five or more parcels, lot line adjustments
involving five or more parcels—Tentative map and final map.
16.08.050 Tentative Parcel MapsSubstituting parcel maps for final maps.
16.08.060 Vesting Tentative MapsRemainder parcels.
16.08.070 Final Maps.Other maps required.
16.08.080 Parcel MapsFees and deposits.
16.08.090 Waiver of Map Requirements
16.08.100 Overview of Required Maps
16.08.005 Purpose of provisions.
This chapter describes the Subdivision Map Act requirement for types of maps to be submitted as part of
various subdivision project applications. (Ord. 1490 § 3 (part), 2006)
16.08.010 Certificate of Compliance
A. Application Type. Pursuant to Section 16.16.010 (Certificates of Compliance), any person owning real
property or a vendee of that person pursuant to a contract of sale of the real property may request a
determination of whether the real property complies with the provisions of the Subdivision Regulations
and the Subdivision Map Act.
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16.08.020 Lot Combinations – Voluntary Mergers
A. Application Type. Pursuant to Section 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, Subject to Section
16.16.030 (Lot Combinations / Voluntary Mergers).
16.08.010 Subdivisions creating four or fewer parcels (minor subdivision)
Unless exempt under the provisions of Section 16.02.050 or waived pursuant to Section 16.08.030, a
tentative or vesting tentative map is required for all subdivisions creating four or fewer lots including
condominium, townhouse, stock cooperative apartment or community apartment projects containing four or
fewer lots. A parcel map is utilized to record a minor subdivision. (Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
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,
partition, 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 rights-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.
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
tentative map, and only upon making a finding that the proposed division of land complies with
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requirements as to lot area, physical improvement and design standards, floodwater drainage
control, appropriate improved public roads, sanitary disposal facilities, water supply availability,
utility installation, environmental 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
specified in Section 66499.35 of the Subdivision Map Act. When the parcel map requirement has
been waived, the director shall, within ninety days and without further application and proceedings,
file the certificate of compliance and a map exhibit showing the land division with the county
recorder. (Ord. 1490 § 3 (part), 2006)
16.08.030 Lot Line Adjustments
Application Type. Tentative maps and final maps are 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,
subject to Section 16.16.020 (Lot Line Adjustments), and the Subdivision Map Act Section 66412(d).
16.08.040 Tentative Tract Maps
Application Type. Pursuant to Chapter 16.10 (Tentative Maps), a Tentative Tract Map shall be required for
all subdivisions, including Flexible Lot Design Subdivisions, Airspace Subdivisions, Condominium projects,
Community Apartment Projects, and Condominium Conversions, that result in the creation of five or more
lots or parcels unless a Tentative Parcel Map is required pursuant to Section 160.08.060 (Tentative Parcel
Maps).
16.08.050 Tentative Parcel Maps
A. Application Type. Pursuant to Chapter 16.10 (Tentative Maps) a Tentative Parcel Map shall be
required under the following circumstances:
1. For all land divisions resulting in the creation of four or fewer lots or parcels
2. Projects to construct a Condominium or Community Apartment Project on a single parcel for which
the Tentative Tract Map and Final Map requirement has been waived pursuant to Chapter 16.14.
3. All subdivisions, including Flexible Lot Design Subdivisions, Airspace Subdivisions, Condominium
projects, Community Apartment Projects, and Condominium Conversions, that result in five or
more parcels or lotsif one of the following circumstances exists:
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a. The land before the division contains less than five acres, each parcel created by the division
abuts a maintained public street, highway, and no dedications or improvements are required by
City Council; or
b. Each parcel created by the division has a gross area of twenty acres or more and has an
approved access to a maintained public street or highway; or
c. The land consists of a parcel or parcels of land having approved access to a public street or
highway, which comprises part of a tract of land zoned for industrial or commercial
development, and which has the approval of City Council as to street alignments and widths; or
d. Each parcel created by the division has a gross area of forty acres or more or is not less than a
quarter of a quarter section; or
e. The land being subdivided is solely for the creation of an environmental subdivision pursuant to
Section 66418.2 of the Subdivision Map Act.
16.08.040 Subdivisions creating five or more parcels, lot line adjustments involving five
or more parcels—Tentative map and final map.
Unless exempt under Section 16.02.060 or qualified for processing pursuant to Section 16.08.050, a
tentative or vesting tentative and final map are required for all subdivisions creating five or more parcels, lot
line adjustments involving five or more parcels, residential condominiums and townhouses with five or more
units, stock cooperative apartment units, a community apartment project containing five or more parcels or
an airspace subdivision containing five or more parcels. A final map is utilized as the recording instrument
for a subdivision involving five or more parcels. (Ord. 1507 § 3(2), 2007)
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.
A. 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
B. Each parcel created by the division has a gross area of twenty acres or more and has an approved
access to a maintained public street or highway; or
C. The land consists of a parcel or parcels of land (or airspace condominiums) having approved
access to a public street or highway, which is comprised of land zoned for industrial or commercial
development, and which has the approval of the governing body as to street alignments and
widths; or
D. Each parcel created by the division has a gross area of forty acres or more or is not less than a
quarter of a quarter section; or
E. The land being subdivided is solely for the creation of an environmental subdivision pursuant to
Section 66418.2 of the Subdivision Map Act. (Ord. 1490 § 3 (part), 2006)
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16.08.060 Vesting Tentative Maps
A. Application Type. Pursuant to Chapter 16.12 (Vesting Tentative Maps), a Vesting Tentative Map
(inclusive of either a vesting tentative tract map or a vesting tentative parcel map) may be filed for
residential, commercial, or industrial developments.
16.08.070 Final Maps
Application Type. Following approval of a tentative tract map, a subdivider may cause a final map
to be prepared pursuant to Chapter 16.14 (Parcel and Final Maps).
16.08.090 Waiver of Map requirements.
Parcel Maps and may be waived pursuant to Section Chapter 16.14
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
improvements.) (Ord. 1490 § 3 (part), 2006)
16.08.100070 Other Overview of Required maps required.
Map requirements for other different types of subdivision projects are summarized in Table 2—Maps
Required for Various Subdivision Projects.
Table 12. Maps Required for Various Subdivision Projects
Project Type Maps Required Notes
Subdivisions creating four or
fewer lots or any subdivision
type not requiring a final
mapcondominiums
Tentative Parcel map or vesting
tentative map and parcel map
See 16.18.050-060 to determine if a
Tentative Parcel map or Tentative
Tract map is required.Parcel map
requirement may be waived,
pursuant to Section 16.08.030
Subdivisions creating five or
more lots or subdivision types
requiring a final map
condominiums
Tentative Tract map or vesting
tentative map and final map
See 16.18.050-060 to determine if a
Tentative Parcel map or Tentative
Tract map is required Parcel map
may be substituted for final map,
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pursuant to Section 16.08.050
Lot line adjustments between
four or fewer existing
adjoining parcels as described
in the SMA 66412(d)
Map exhibit, drawn to scale,
and suitable for recording
Tentative map or record of survey
may be submitted with the
application
Lot line adjustments between
five or more existing adjoining
parcels
Tentative Tract map or vesting
tentative Tract map and final
map
See 16.18.050-060 to determine if a
Tentative Parcel map or Tentative
Tract map is required Parcel map
may be substituted for final map,
pursuant to Section 16.08.050
Lot combinations (voluntary
mergers)
Map exhibit, drawn to scale,
and suitable for recording
Tentative map or record of survey
may be submitted with the
application
Certificates of compliance and
conditional certificates of
compliance
Map exhibit, drawn to scale,
and suitable for recording
Also needed: legal descriptions
prepared by a qualified individual will
also be required
Residential or commercial
condominium conversions
Tentative map or vesting
tentative map and parcel or
final map, depending on the
number of lots created
Commercial condominium projects
may submit a parcel map rather than
a final map, pursuant to Section
16.08.050
(Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
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Chapter 16.10. Tentative Maps
Sections:
16.10.005 Purpose of Pprovisions.
16.10.010 Tentative map Aapplication Rrequirement.
16.10.020 Tentative map—Form and Ccontents.
16.10.030 Other material to accompany tentative map.
16.10.03040 Submittal to Ccommunity Ddevelopment Ddepartment.
16.10.004050 Time limits for Ccity Rreview.
16.10.05060 Environmental review.
16.10.06070 Notice of public hearing on tentative map.
16.10.007080 Staff reports and recommendations.
16.10.008090 Public hearings.
16.10.109000 Tentative map action—Extension of time.
16.10.10010 Submission of revised tentative map.
16.10.1120 Required findings for tentative map approval.
16.10.1230 Mandatory denial of tentative maps.
16.10.1340 Appeal of Ddirector’s or Pplanning Ccommission’s action on a tentative map.
16.10.14050 Expiration of approved tentative maps.
16.10.14555 Time extension for parcel or final maps.
16.10.15060 Correction and amendment of approved tentative maps.
16.10.005 Purpose of pProvisions.
This chapter describes tentative map application requirements, review procedures, and required findings
for approval or denial. A The term “tentative” or “vesting tentative” map is inclusive of tentative parcel maps
and tentative tract maps. Tentative maps are is the maps initially reviewed for either a “final parcel” or “final
tract” map subdivision. (Ord. 1490 § 3 (part), 2006). See Chapter 16.12 for additional review requirements
that apply to vesting tentative maps.
16.10.010 Tentative map aApplication Rrequirement.
The subdivider shall provide the Ccommunity Ddevelopment Ddepartment with a completed application
form and all required application checklist items on file in the Community Development Department for
either a Minor SubdivisionTentative Parcel Map or Tentative Tract Map submittal. as many copies of the
tentative map and supplementary material as requested by the community development 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. (Ord. 1490 § 3 (part), 2006)
16.10.020 Tentative map—Form and cContents.
Unless exempted by the Ccommunity Ddevelopment Ddirector, the tentative map shall be prepared by, or
under the direction of, a licensed land surveyor or a state-registered 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
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be one inch equals one hundred 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. (Ord. 1507 § 3(4), 2007)submittal shall
include all necessary information on the applicable Minor SubdivisionTentative Parcel Map, Tentative Tract
Map, or Vesting Tentative Map application checklists, and all required submittal information for any related
concurrent entitlement reviews. In addition, the Community Development Director may require any
additional information deemed necessary to review the application consistent with criteria that is required to
be considered in the review of all development review applications listed in Section 16.04.006 (Project
Subject to Discretionary Review)
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. CC&Rs. 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 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
runoff 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 percent or
greater;
K. Other Technical Reports. Three 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
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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
conditions which would affect the geometric of the proposed subdivision;
2. The soils report shall state whether the proposed subdivision is feasible and provide general
solutions 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
subdivision may be required. The soils report shall recommend corrective action to eliminate
the hazardous conditions;
5. The director or city council may approve a subdivision where such soils problems exist upon
finding 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 corrective 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,
specific site analysis by an acoustical engineer or other approved professional with qualifications in
acoustic 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;
O. 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
presence or absence of such species;
Q. Preliminary Title Report. Two copies of a preliminary title report, dated not more than three months
prior to submittal of the application;
R. 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;
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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
present this information to the community development department prior to the consideration of the
tentative 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
inclusionary housing requirement. The map or plans should identify locations of affordable units.
The city’s housing element and the city’s inclusionary housing ordinance list the criteria for
affordable housing for subdivision projects. (Ord. 1490 § 3 (part), 2006)
16.10.03040 Submittal to Ccommunity Ddevelopment Ddepartment.
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 Ccommunity Ddevelopment dDepartment.
B. Determination of Complete Application. The Ccommunity Ddevelopment Ddepartment shall
determine whether the application is complete within thirty days after receipt of the application. If
the application is not complete, the community development department will notify the applicant of
its determination (including a list of items needed for a complete application) in writing. (Ord. 1490
§ 3 (part), 2006)
16.10.04050 Time Llimits for Ccity Rreview.
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 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 days of the project application being accepted as complete, subject to such
limited extension as permitted by the Subdivision Map Act.
3. The Ddirector or Pplanning Ccommission shall hold a public hearing on the project within fifty
days of the adoption of the environmental document.
Note: Subsections (A)(1) and (3) or (A)(2) and (3) of this section may be accomplished concurrently.
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
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waive, in writing or in the record at a public hearing, his or her right to have the map considered
without those time limits. (Ord. 1490 § 3 (part), 2006)
16.10.05060 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 compliance with CEQA.
B. Significant Natural Resources. Whenever a proposed subdivision contains significant natural
resources (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
subdivision 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
protection 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 subdivision map. (Ord. 1490 § 3 (part), 2006)
16.10.06070 Notice of public hearing on tentative map.
A. At least ten 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 three hundred feet of the subject property;
3. Owners of other property which, as determined by the community development director,
consistent with the requirements of Section 66451.4 of the Government Code, may be
adversely affected by the proposed subdivision;
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;
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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 commissionPlanning 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 mailing;
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
development department their findings and recommendations. Public agencies and utilities shall
state that the subdivision can be adequately served.
C. School District Notification. Within five 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
boundaries 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 commissionPlanning 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-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 commissionPlanning Commission shall consider the report from the school district in
approving, conditionally approving or denying the tentative map. (Ord. 1490 § 3 (part), 2006)
16.10.07080 Staff reports and recommendations.
Any staff report or recommendation on a tentative map shall be in writing and a copy shall be made
available to the subdivider or applicant at least three days prior to any hearing or action on such map. (Ord.
1490 § 3 (part), 2006)
16.10.008090 Public hearings.
A. For tentative maps subject to director approval, a public hearing shall be held within fifty days of
the adoption of the environmental document for the subdivision (a notice of exemption, or
determination thereof, may constitute as the environmental document).
B. For tentative maps subject to planning commissionPlanning Commission review, a public hearing
before the planning commissionPlanning Commission shall be held within fifty days of the adoption
of the environmental document for the subdivision. If the map requires councilCity Council review,
the project shall be scheduled for final action by the city councilCity CouncilCity Council within
forty-five days of the planning commissionPlanning Commission action.
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C. The director, planning commissionPlanning Commission or city councilCity 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 standards 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 resolution 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 tentative 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 councilCity Council, planning commissionPlanning Commission,
architectural review 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. (Ord.
1490 § 3 (part), 2006)
16.10.090100 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 Hhearing Oofficer, Pplanning Ccommission or the Ccity Ccouncil. (Ord. 1490 § 3 (part),
2006)
16.10.10010 Submission of revised tentative map.
Prior to consideration of a tentative map by the Ddirector or Pplanning Ccommission, a revised tentative
map may be submitted for consideration. Significant changes may require additional fees and/or a new
application. Changes required by the Ccity shall not be considered map revisions. (Ord. 1490 § 3 (part),
2006)
16.10.11020 Required findings for tentative map approval.
No tentative map shall be approved unless the hearing body makes all of the following findings:
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 Ggeneral Pplan and any
applicable specific plan (Subdivision Map Act Section 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 Ccity and its agents, officers and employees from any claim, action or
proceeding against the Ccity or its agents, officers or employees to attach, set aside, void or annul
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an approval of the city councilCity Council, Pplanning Ccommission, or Ccity staff concerning a
subdivision. The Ccity shall promptly notify the subdivider of any claim, action or proceeding and
shall cooperate fully in the defense. (Ord. 1490 § 3 (part), 2006)
16.10.12030 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 Ggeneral Pplan 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
environmental damage or substantially injure fish or wildlife or their habitat. Notwithstanding the
foregoing, the planning commissionPlanning 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, the director or city councilCity
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 easements of record or to easements established by judgment
of a court of competent jurisdiction 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.
H. That the director or city councilCity 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 Subdivision Map Act. (Ord. 1490 § 3 (part), 2006)
16.10.13040 Appeal of Ddirector’s or Pplanning Ccommission’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 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 planning commissionPlanning
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Commission hearing within thirty 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 commissionPlanning 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
commissionPlanning Commission by filing such appeal with the city clerk within ten 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
councilCity Council hearing within thirty 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 anew as though
there had been no decision, recommendation or ruling previously made. The city councilCity
Council may sustain, modify, reject, or overrule any recommendations or rulings of the planning
commissionPlanning 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. (Ord. 1490 § 3
(part), 2006)
16.10.15040 Expiration of approved tentative maps.
The approval or conditional approval of a tentative map or phases of a tentative map shall expire twenty-
four months from the date of such approval. Failure to cause a parcel or final map to be officially acceptable
to the Ccity within twenty-four 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 Ccity beyond the written notice of approval, which shall state the expiration date. An extension
of the approval time may be requested pursuant to Section 16.10.155. (Ord. 1490 § 3 (part), 2006)
16.10.14555 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
exceeding a total of three years as provided by the Subdivision Map Act Section 66452.6.
B. Applications for extensions shall be made in writing to the Ccommunity Ddevelopment
Ddepartment, 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 application and required fees the map shall automatically be
extended for sixty days or until the application 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
improvements 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 delete conditions.
D. A subdivider may appeal the director’s action to the city councilCity Council. Appeals must be filed
in writing to the city clerk within fifteen days of the director’s action. (Ord. 1490 § 3 (part), 2006)
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16.10.15060 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
approval; 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 commissionPlanning
Commission upon submittal of the appropriate modification application, materials, and fees by the
subdivider. (Ord. 1490 § 3 (part), 2006)
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Chapter 16.12. Vesting Tentative Maps
Sections:
16.12.005 Purpose of provisions.
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 Developmentarchitectural Rreview approval.
16.12.040 Approval of vesting tentative map.
16.12.045 Development rights.
16.12.050 Duration of vested rights.
16.12.005 Purpose of provisions.
This chapter describes the application and processing requirements for “vesting” tentative maps. An
approved 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.
(Ord. 1490 § 3 (part), 2006)
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 66498.1 of the Subdivision Map Act. (Ord. 1490 § 3 (part), 2006)
16.12.020 Application procedures and requirements.
A. A statement that Development architectural Rreview approval has been granted, or a complete
application for Development architectural Rreview 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 vesting tentative map. Tentative maps that are part of a planned
development zoning application or are part of a specific plan are exempt from this requirement.
B. A statement that the vesting tentative map is consistent with the current zoning, or that an
application has been filed for rezoning or prezoning the land which will be processed concurrently
with the vesting tentative map. If a planned development (PD) is required, the PD shall be
processed prior to or concurrently with the vesting tentative map. (Ord. 1507 § 3(6), 2007)
16.12.025 Development inconsistent with zoning—Conditional approval.
Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is
inconsistent with the zoning in existence at that time, that inconsistency shall be noted on the map. If a
change in the zoning or issuance of a planned development rezoning or use permit is obtained that
subsequently authorizes the noted inconsistency, 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, planned development or use permit and the map as approved. (Ord. 1507 § 3(8),
2007)
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16.12.030 Failure to obtain Development architectural Rreview approval.
Unless exempted as described in Section 16.12.020(A), approval of a vesting tentative map is contingent
upon Developmentarchitectural Rreview approval of the site improvements and all structures within the
boundaries of the map. If the subdivider filed a complete application for design review approval
concurrently with filing the vesting tentative map application and final action has not been taken on the
Development architectural Rreview 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 Developmentarchitectural
Rreview 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. (Ord. 1507 § 3(10),
2007)
16.12.040 Approval of vesting tentative map.
Approval of a vesting tentative map shall not be granted until after the project has received Development
Review approval from the architectural review commission unless exempted as described in Section
16.12.020(A). 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 Zzoning Rregulations
applicable to the property, in addition to all other required findings for approval of tentative maps as outlined
in Section 16.10.120. (Ord. 1507 § 3(12), 2007)
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 (excluding fees) in effect at the time the tentative map is approved. Consistent with
Subdivision Map Act Section 66474.2, the effective date of the vesting rights shall be the date the
vesting map application is deemed complete.
B. Notwithstanding subsection (A) of this section, 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
condition dangerous to their health or safety.
2. Action is required to comply with state or federal law. (Ord. 1507 § 3(14), 2007)
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
expiration of a tentative map (see Section 16.10.150).
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 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,
provided it is recorded prior to the expiration of the vesting tentative map.
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2. The subdivider may apply for a one-year extension of the initial time period in subsection
(B)(1) of this section, pursuant to the provisions in Section 16.10.155. Appeals of the results of
the request for an extension of time are subject to the provisions of Section 16.10.155;
provided, that the subdivider may appeal the director’s denial of an extension within fifteen
days (Section 66452.6(g) of the Subdivision Map Act).
3. Upon submittal of a complete application for a building permit during the time periods specified
in subsections (B)(1) and (2) of this section, the rights referred to herein shall continue until
the expiration of that permit, or any approved extension of that permit. (Ord. 1490 § 3 (part),
2006)
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Chapter 16.14. Parcel and Final Maps
Sections:
16.14.005 Purpose of provisions.
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 RecommendationAction of Ppublic Wworks Ddirector and action of the Community
Development Director.
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 filed for one tentative map.
16.14.120 Corrections or and amendments to subdivision maps.
16.14.130 Waiver of Map Requirements.
16.14.005 Purpose of provisions.
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
instrument for a minor subdivision and a “final map” is generally the recording instrument for tract maps
with five or more lots. (Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part),
2006)
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
approved. (Ord. 1490 § 3 (part), 2006)
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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
tentative 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
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). (Ord. 1490 § 3 (part), 2006)
16.14.040 Final Map form and contents.
Parcel and final maps shall include all of the following deemed necessary for map submittal by the
Engineering Division of the Community Development Department in addition to all required parcel and final
map submittal checklist items.
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 eighteen inches by 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, and with all lettering a minimum of one-
eighth 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 lines, and block lines appearing on the final
map, including bearings and distances, to the nearest one-hundredth foot, of straight lines, and
radii and arc lengths or chord bearings and lengths for all curves, and such information as may be
necessary to determine the location of the centers of curves and ties to existing monuments used
to establish subdivision 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.
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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 letters and numbers shall be used. Each lot shall be shown entirely on one sheet.
I. Blocks. Blocks shall not be designated by number or letter.
J. Lot Area. The area of each lot containing one acre or more shall be shown to the nearest one-
hundredth 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 being 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 Rights-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.
O. 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.
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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 designations.
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 watercourses 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
structures of historic and cultural significance and the extent of any archaeological surface surveys
prepared for the site, together with the survey reference number.
T. Endangered Species. The final subdivision shall note the presence and extent of any rare,
threatened, or endangered plant or animal species listed in Section 670.2 or 670.5, Title 14,
California Administrative Code, or in Title 50 Code of Federal Regulations Section 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,
inundation, 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
subdivision 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. (Ord. 1490 § 3 (part), 2006)
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 eighteen inches by 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
subdivisionparcel map, 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 definitively
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 letters and numbers shall be used. Each lot shall be shown entirely on one sheet.
Each street shall be named or otherwise designated. (Ord. 1490 § 3 (part), 2006)
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
partition. 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
subdivision 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
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.
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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
property for dedication for certain specified public use, subject to such reservations as may be
contained in any such offer as required by the Subdivision Map Act. If the offer includes dedication
for street or highway purposes, and the councilCity 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
contain a statement to that effect. If such a statement appears on a map approved by the
councilCity Council, 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 a 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. (Ord. 1490 § 3 (part), 2006)
16.14.070 Statements, documents and other data to accompany parcel and final map.
Note: When possible tThese 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
calculations 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
accepted by the city prior to filing of the final map, an agreement and bond as provided by these
regulations 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 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 special 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
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guarantee 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 dedicated for public use. No final map shall be accepted unless it is accompanied by a
preliminary title report 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 is to be granted to public agencies, all such land,
easements 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
engineer 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 public 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
sedimentation 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 development department for review and shall be approved prior to recordation of the
parcel or final map. For sites over one 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 inspection in the office of the city engineer.
I. CC&Rs. A copy of any required covenants, conditions and restrictions shall be submitted with the
parcel 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,electronic files 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. (Ord. 1490 § 3 (part), 2006)
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16.14.080 Action of Ppublic Wworks Ddirector.
A. Upon receipt of a parcel or final map and accompanying documents, fees and materials for filing,
the Ccity Ppublic Wworks Ddirector (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 applicable regulations, and the required improvements have
been installed or an agreement for installation has been made in accordance with these
regulations, the Ccity Ppublic Wworks Ddepartment shall:
1. Transmit the map to the Ccity Cclerk for placement on the next available councilCity Council
agenda.
2. Recommend the Community Development Director (or designee) Ccertify approval of the final
subdivision maps by signature on the title sheet and forward it to the Ccounty Rrecorder 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,
including 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 additions that must be made before the parcel or final map may be certified.
C. If the Ccity Ppublic Wworks Ddepartment determines circumstances concerning the design and
improvement 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 divisionDepartment need not
recommend the Community Development Director certify the parcel or final map. In such
instances, the Ccity Ppublic Wworks divisionDepartment shall forward the parcel or final map to the
councilCity Council for further consideration.
D. If the Ccity Ppublic Wworks Ddepartment recommends and the Community Development Director
approves a parcel or final map, the city shall accept, accept subject to improvements, or reject any
offer of dedication and shall so certify on the map.
E. The city public works department’s actions shall be reported to the councilCity Council within four
days of the date of the action. (Ord. 1490 § 3 (part), 2006)
16.14.090 Council action on final subdivision maps.
A. At the meeting at which the councilCity Council receives the map, or at the first regular meeting
thereafter, the councilCity Council shall approve the map if it conforms with the approved tentative
map and meets the requirements of the Subdivision Map Act, these regulations, and any rulings
made pursuant to them. If the map does not conform, the councilCity Council shall disapprove it
unless it finds that the map is in substantial compliance pursuant to Subdivision Map Act Section
66474.1.
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B. If the councilCity 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 councilCity 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. (Ord. 1490 § 3 (part), 2006)
16.14.100 Filing with the county recorder.
After the City cCouncil approves a final subdivision map, the Ccity Engineer or designee public works
division is hereby authorized to transmit the map to the county recorder. (Ord. 1490 § 3 (part), 2006)
16.14.110 Multiple parcel or final maps filed from one tentative maps.
A. Multiple parcel or final maps relating to an approved tentative map may be filed pursuant to
Subdivision Map Act Sections 66463.1 and 66456.1. 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.A. The subdivider shall not be required to define the number or configuration of the proposed
multiple parcel 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. (Ord. 1490 § 3
(part), 2006)
16.14.120 Corrections orand amendments to subdivision maps.
A. 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
6. 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.
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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
requirements of Section 66434 of the Subdivision Map Act if a final map, or Section 66445(a)
through (d) inclusive and (f) through (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 subsection A of this section,
describing the purpose for an amendment or correction, he or she shall certify this fact on the
amending map or certificate 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 subsection A of this section,
describing the 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
recorded 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 subsection F of this
section, the city public works department shall set the matter for public hearing before the
legislative body or advisory 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. (Ord.
1490 § 3 (part), 2006)
16.14.130. Waiver of Map Requirements
A. Parcel maps may be waived pursuant to Section 66428 of the Subdivision Map Act for the
following:
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1. Divisions of real property or interests therein created by probate, eminent domain procedures,
partition, 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 rights-of-way or easements for streets, sewers, utilities, drainage, or other
public facilities.
B. The provisions of this section do not apply if the approval of the subdivision requires discretionary
action, rezoning or other legislative action.
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
tentative map, and only upon making a finding that the proposed division of land complies with
requirements as to lot area, physical improvement and design standards, floodwater drainage
control, appropriate improved public roads, sanitary disposal facilities, water supply availability,
utility installation, environmental 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
specified in Section 66499.35 of the Subdivision Map Act. When the parcel map requirement has
been waived, the director shall, within ninety days and without further application and proceedings,
file the certificate of compliance and a map exhibit showing the land division with the county
recorder. (Ord. 1490 § 3 (part), 2006)
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Chapter 16.15. Urban Lot Splits
Sections:
16.15.005 Purpose and applicability.
16.15.010 Permit application and review procedures.
16.15.020 Qualifying requirements.
16.15.025 Property Improvement Standards.
16.15.030 Exceptions to Objective Standards.
16.15.035 Separate Conveyance.
16.15.005 Purpose and applicability.
The purpose of this chapter is to appropriately regulate qualifying “urban lot splits” within qualifying
locations in Low-Density Residential (R-1) zones in accordance with California Government Code Section
66411.7.
A. Applicability. The standards and limitations set forth in this chapter shall apply to urban lot splits under
California Senate Bill 9 of 2021 (“SB 9”) within R-1 residential zones in the City, notwithstanding any
other conflicting provisions of this code. In the event of a conflict between the provisions of this Chapter
and any other provision of this code, the provisions of this chapter shall prevail.
B. Interpretation. The provisions of this chapter shall be interpreted to be consistent with the provisions
of California Government Code Sections 66411.7 and shall be applied in a manner consistent with
state law. The City shall not apply any requirement or development standard provided for in this
chapter to the extent prohibited by any provision of state law.
C. Permitted Locations. A lot on which an urban lot split is proposed must be located within an R-1 zone
and meet all qualifying requirements of 16.15.020 below.
16.15.010 Permit Application and Review Procedures
A. Application. An applicant for an SB 9 urban lot split shall submit all required items from the tentative
map application on file at the Community Development Department. The application shall be accepted
if it is completed as prescribed and accompanied by payment for all applicable fees. In addition to all
required submittal checklist items for a tentative map, sufficient information shall be provided in the
application to demonstrate, through objective review, the following: (1) the lots will accommodate
development that complies with development standards and City codes, (2) information is provided to
justify any proposed exceptions to objective standards, (3) sufficient access to the public right-of-way is
provided or preserved, (4) the lots accommodate needed easements, infrastructure, and emergency
access, and (5) any information deemed necessary by the Director for objective review as needed
evidence that the proposal will not result in any specific adverse impacts.
B. Review. Consistent with state law, the Director will review and determine compliance of a complete
application for an SB 9 urban lot split ministerially, without discretionary review or public hearing.
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C. Effectiveness of Approval. The ministerial approval of a final parcel map for an urban lot split does
not take effect until the City has confirmed that all required documents have been recorded at the
County Clerk-Recorder.
D. Hold Harmless. Approval of an SB 9 parcel map for an urban lot split shall be conditioned on the
applicant agreeing to defend, indemnify and hold harmless the City, its officers, agents, employees
and/or consultants from all claims and damages (including attorney’s fees) related to the determination
of compliance and its subject matter.
E.D. Specific, Adverse Impacts. Notwithstanding anything else in this section, the Director shall deem
an application for a tentative parcel map non-compliant upon written findings, based on a
preponderance of the evidence, that the project would have a specific, adverse impact, as defined and
determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, on
either public health and safety or on the physical environment and for which there is no feasible method
to satisfactorily mitigate or avoid the specific adverse impact.
16.15.020 Qualifying Requirements
A proposed urban lot split must meet all of the following requirements in order to be an eligible urban lot
Split under Government Code 66411.7 (Urban Lot Split). It shall be the responsibility of the applicant to
demonstrate to the satisfaction of the Director that each of these requirements is satisfied. The applicant
and/or owner of the property shall provide a sworn statement, in a form approved by the Director, attesting
to all facts necessary to establish that each requirement is met. The City may conduct its own inquiries and
investigation to ascertain the veracity of the sworn statements, including, but not limited to, interviewing
prior owners and occupants of the subject property, interviewing owners and occupants of nearby
properties, and reviewing tax records, and may require additional evidence necessary to support the sworn
statements, as determined by the Director in his or her reasonable discretion.
A. Location. The subject property shall be located within an R-1 zone. A lot located within R-2, R-3, and
R-4, or any non-residential zone shall not be eligible to be subdivided through an urban lot split
pursuant to this chapter. Parcels which are designated sensitive sites or within the Planned
Development (PD) zone, are subject to hillside development standards, have been previously
subdivided per flexible lot projects, or any common interest subdivision are also not eligible for urban
lot splits.
B.A. Maximum Number of Dwellings. An urban lot split shall not result in more than two (2) dwelling
units of any kind on the resulting parcels. As described by Government Code Sections 66411.7(j), the
two-unit limitation applies to any combination of primary dwelling units, ADUs, or JADUs.
C.B. Hazardous Areas. The proposed lot split shall not be located on any site identified in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code
Section 65913.4, unless the development satisfies the requirements specified therein. Such sites
include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones,
special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat
preservation as specifically defined in Government Code Section 65913.4.
D.C. Historic Properties. The proposed lot split shall not be located within a historic district or on
property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the
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California Public Resources Code, or within a site that is designated or listed as a Historic Resource
pursuant to the City’s Historic Preservation Ordinance.
E.D. Affordable Housing. The proposed urban lot split shall not require the demolition or alteration of
housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable
to persons and families of moderate, low, or very low income.
F.E. Subsequent Urban Lot Splits. In the case of an urban lot split, the lot proposed to be subdivided shall
not have been established through a prior urban lot split.
G.F. Adjacent Urban Lot Splits. In the case of an urban lot split, the lot proposed to be subdivided
(“subject lot”) shall not be adjacent to any lot that was established through an urban lot split by the
owner of the subject lot or by any person acting in concert with with the owner of the subject lot.
H.G. Subdivision Map Act. An urban lot split must conform to all applicable objective requirements of
the Subdivision Map Act, including implementing requirements in this code, except as otherwise
provided in this Chapter. Notwithstanding the foregoing, no dedication of rights-of-way or construction
of offsite improvements is required solely for an urban lot split.
I.H. Lot Size. An urban lot split application may subdivide an existing lot to create no more than two new
lots of approximately equal lot area, provided that one lot shall not be smaller than forty (40) percent of
the lot area of the original lot proposed for subdivision. Both newly created lots must each be no
smaller than one thousand two hundred (1,200) square feet.
J.I. Easements. The owner must enter into an easement agreement with each utility/public-service
provider to establish easements that are sufficient for the provision of public services and facilities to
each of the resulting lots.
1. Each easement must be shown on the tentative parcel map and the final parcel map.
2. Copies of the unrecorded easement agreements must be submitted with the application. The
easement agreements must be recorded against the property before the final parcel map may
be approved.
K.J. Required Affidavit. The applicant for a final parcel map for an urban lot split must sign an affidavit
provided by the City stating that the applicant intends to occupy one of the dwelling units on one of the
resulting lots as the applicant’s principal residence for a minimum of three years from the date of
approval of the urban lot split, or in the case of a vacant property a minimum of three years from the
date of issuance of occupancy certification of any new residential dwellings on either of the resulting
lot.
N. Rental Term. Rental of any unit created pursuant to this section shall be for a term longer than 30
days.
16.15.025 Property Improvement Standards
A. Objective Standards. Any lot created through an urban lot split shall be subject to the standards and
criteria set forth in this section. In addition, except as modified or provided by this Section or State Law,
any lot created through an urban lot split shall conform to all objective standards applicable to the lot as
set forth in this title and/or in an applicable specific plan or planned unit development ordinance or
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resolution, along with all applicable objective standards and criteria contained in standard plans and
specifications, policies, codes, regulations, and/or standard conditions duly promulgated and/or
adopted by the City.
B. Lot Access. Each resulting lot must have frontage on the public right-of-way of at least twenty feet or
be served by an access easement serving no more than two lots. Access shall be provided in
compliance with these standards:
1. Vehicle access easements serving a maximum of two parcels shall meet the following standards:
i. Easement width shall be a minimum of twenty (20) feet and shall comply with Engineering
Standard 2120 for driveway ramp improvements and widths.
ii. The minimum length for a vehicle access easement is twenty (20) feet. No maximum
easement length shall be set. If easement length is more than seventy-five (75) feet, a
vehicle turnaround shall be provided.
iii. No residential structure shall be closer than three feet to the easement.
iv. Vehicle access easements shall not be located closer than twenty-five (25) feet to an
intersection.
2. Where a lot does not abut a public street, and where no automobile parking spaces are required
under 16.025.D, a vehicle access easement is not required. An easement providing pedestrian
access to a street from each lot shall be provided meeting the following standards:
i. Easement width shall be a minimum of ten (10) feet;
ii. Pedestrian access easements shall not exceed two hundred (200) feet in length.
3. Access and provisions for fire protection consistent with the California Fire Code shall be provided
for all structures served by an access easement.
4. Surfacing of easements, pedestrian walkways required within easements, and turnaround
dimensions shall meet the requirements of the California Fire Code and the City's Engineering
Standards.
5. Lots taking access by an easement must record a shared maintenance agreement for the
driveway/accessway. The agreement shall be recorded prior to or concurrently with the final parcel
map.
C. Lot Line Configurations. The location of property lines associated with an urban lot split application
shall comply with all objective standards as identified in Section 16.18.040 (Location of Lot Lines), and
as described below:
1. No portion of an urban lot split may result in a lot width or depth of less than 20 feet for any
portion of the subdivision.
2. A lot line shall not bisect or be located within four feet of any existing or proposed structure.
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D. Parking Required. Off-street parking of up to one space per unit shall be provided and comply with the
City’s Parking and Driveway Design and Development Standards Section 17.72.090 except when:
1. The parcel is located within one-half mile walking distance of either a high-quality transit
corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a
major transit stop as defined in Section 21064.3 of the Public Resources Code.
2. There is a car share vehicle located within one block of the parcel. Owner shall enter into an
agreement with the City to ensure that a car share vehicle will remain within one block of the
parcel in perpetuity, unless and until Owner provides off-street parking or development occurs
such that note (1) above applies.
16.15.030 Exceptions to Objective Standards.
A. All proposed lots and development proposed pursuant to this Chapter shall comply with all City Zoning,
codes, objective policies, and guidelines unless an exception is granted. No exception shall be granted
for any of the of the Qualifying Requirements as outlined in Section 16.15.020. Any proposed
exception to any relevant objective standards, policies, guidelines, or codes shall not be granted unless
the Community Development Director can affirmatively determine the application meets all of the below
requirements. For the purpose of these requirements, existing improvements or development is not
considered a physical constraint.
B. The necessity to grant the exception(s) is based on site development feasibility where there are no
options for other design alternatives such as modifying the footprint, moving lot lines, adding stories, or
reducing floor area (to min 800 sq ft) and where the applicant has demonstrated it is physically not
possible to redesign the project to avoid the necessity of exceptions.
C. The requested exceptions represent the minimum deviation necessary to allow the construction of two
units on each resulting parcel and which would not require any of the units to be less than 800 square
feet.
16.15.035 Separate Conveyance
A. Separate conveyance of the two lots resulting from an urban lot split is permitted. If dwellings or other
structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split
boundary may separate them for conveyance purposes if the structures meet building code safety
standards and are sufficient to allow separate conveyance. If any attached structures span or will span
the new lot line, or if the two lots share a driveway, appropriate covenants, easements or similar
documentation allocating legal and financial rights and responsibilities between the owners of the two
lots (“CC&Rs”) for construction, reconstruction, use, maintenance, and improvement of the attached
structures and any related shared drive aisles, parking areas, or other portions of the lot must be
recorded before the city will approve a final parcel map for the urban lot split. Notwithstanding the
provision of such CC&Rs, however, where attached structures and/or related shared facilities span a
lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible
for the use and maintenance of such structures and/or shared facilities in compliance with all provisions
of this Code.
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1. Primary dwelling units located on the same lot may not be owned or conveyed separately from
one another. All fee interest in a lot and all dwellings must be held equally and undivided by all
individual owners of the lot.
2. Except as provided in Government Code Section 65852.26, Accessory Dwelling Units (ADU)
may not be sold or otherwise conveyed separate from the primary residence.
3. Junior Accessory Dwelling Units (JADU) may not be sold or otherwise conveyed separate from
the primary residence.
B. A lot created by a final parcel map under this Section shall not be further subdivided. Condominium
airspace division or common interest subdivisions are not permitted on a lot created through an urban
lot split.
Chapter 16.16. Certificates, Adjustments and Mergers
Sections:
16.16.005 Purpose of provisions.
16.16.010 Certificates of compliance.
16.16.020 Lot line adjustments.
16.16.030 Lot combinations/voluntary mergers.
16.16.040 Reversions to acreage.
16.16.050 Merger and resubdivision.
16.16.005 Purpose of provisions.
This chapter explains the application requirements and review procedures for lot line adjustments,
certificates of compliance, lot mergers and reversions to acreage. (Ord. 1490 § 3 (part), 2006)
16.16.010 Certificates of compliance.
A. Purpose.
1. Any person owning real property or a vendee of that person pursuant to a contract of sale of
the real property may request a certificate of compliance establishing whether the real
property complies with the provisions of the Subdivision Regulations and/or the Subdivision
Map Act 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 Subdivision 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 subsequent purchaser acquired that parcel for valuable
consideration without actual or constructive knowledge of a violation of the local
ordinance.
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A recorded certificate of compliance establishes for the public record that the subject parcel is
recognized 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
createdor with the Subdivision Map Act, the City may issuen 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 imposed pursuant to subdivision E of this
section must be satisfied prior to the city’s issuance of any permit or other grant of approval for
development of the affected property.
2.1. While issuance of aA certificate of compliance may verify the legality of a parcel, it does not
ensure that it is aa parcel is developable. parcel. Nor does the issuance of a certificate
automatically entitle the parcel owner to issuance of a building permit or other development
permits and approvals without applications 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 application. The appropriate application form provided by the
City 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 Ddirector
or the city engineer to clarify when and how the parcel was created.
C. Time Limits for City Review. Within fifty days of acceptance of a complete application, the director
shall determine whether a certificate of compliance or a conditional certificate of compliance should
be recorded.
D. Certificate of Compliance.
1. If the director determines that the parcel complies with the provisions of the Subdivision Map
Act and this title, the Director shall file a certificate of compliance for record with the office of
the county recorder. The certificate of compliance shall identify the real property and shall
state that the division thereof complies with the provisions of the Subdivision Map Act and this
title. Upon payment by the applicant of the appropriate recording fee, the director shall cause
a certificate of compliance to be filed for record with the county recorder if evidence contained
in the application 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.
2.1. No Public Notice or Hearing. Except for notice to the applicant prior to action by the director,
Ppublic notice and public hearings are not required for certificates of compliance.e 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
municipal code or the Subdivision Map Act, he or shethe Director may impose conditions
currently applicable to subdivisions if the current owner was the owner at the time of the illegal
subdivision. If the current owner is not the same as the owner of record at the time of the
illegal subdivision, the director may impose conditions to bring the lot or parcel into
compliance with the City’s standards that were in effect at the time of the current owner’s
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acquisition of the property., or conditions applicable to subdivisions at the time the current
owner of record acquired 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
commissionPlanning Commission within ten calendar days of the action taken.
3.2. Recordation and Compliance with Conditions. Upon payment by the applicant of the
appropriate recording fee, and following the expiration of the ten-day appeal period or the
councilCity 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.
F. Effect of Parcel or Final Map. Recordation of a final parcel or final map shall constitute a certificate
of compliance for all parcels described therein. (Ord. 1490 § 3 (part), 2006)
16.16.020 Lot line adjustments.
A. Purpose. Lot line adjustments of five or more parcels shall be subject to the same application
requirements as those required for a tentative parcel map as described in Section 16.10.010. Lot
line adjustments involving four or fewer existing adjoining lots, being adjustments between adjacent
legal lots, may be used to accomplish the following objectives, subject to the required findings and
possible conditions of approval 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
following 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.
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4. Name, if any, date of preparation, north arrow, scale, and, if based on a survey, the date of the
survey.
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 ten feet
of the boundary lines; the distances between structures to be retained and notations
concerning all structures 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 (including 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 streetlights.
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
impoundments and similar features to the extent they affect the proposed use of the property.
16. Preliminary Map (five eighteen-inch by twenty-six-inch copies, folded, and one eight-and-one-
half-inch by eleven-inch 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
adjustment.
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c. 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.
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 days of the application
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
adjustment 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,
minimum 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).
3. The lot line adjustment does not create (or increase existing) inconsistencies with the zoning
regulations, building code and the general plan.
4. The modified lot lines do not alter an existing right-of-way, except with written approval of the
city public works director.
5. The adjustment does not result in an increase in the number of nonconforming parcels nor
increase 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 cannot 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.
G. Recorded Deeds. The Subdivision Map Act requires that lot line adjustments be reflected in a
recorded deed (Section 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 landowners), or a declaration
of lot line adjustment (if the adjustment involves only one landowner). No record of survey shall be
required for a lot line adjustment unless required by Section 8762 of the Business and Professions
Code. (Ord. 1490 § 3 (part), 2006)
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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 is 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,
community development staff shall forward the notice of merger and certificate of subdivision
compliance to the county recorder. (Ord. 1490 § 3 (part), 2006)
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 Ccity CcouncilCity Council after a public hearing.
A. Initiation of Proceedings (Section 66499.12 of the Subdivision Map Act). 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 information required by this section and the Subdivision Map Act.
2. By City Council. A resolution of the city councilCity Council at the request of any person or on
its own motion.
B. Data Required for a Reversion to Acreage (Section 66499.13 of the Subdivision Map Act). The
following data shall be provided:
1. Adequate evidence of title to the real property within the subdivision and one or more of the
following:
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 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 years
from the date the map was recorded.
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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 of the proposed reversion to acreage.
C. Fees. All petitions for reversion to acreage shall be accompanied by the applicable fees for
processing; such fees are nonrefundable. Fees for a reversion to acreage through resolution of the
city councilCity Council shall be paid by the person requesting such resolution.
D. Required Findings for Approval (Section 66499.16 of the Subdivision Map Act). Subdivided real
property may be reverted to acreage only if the planning commissionCity Council 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
reversion; or
b. None of the improvements required to be made have been made within two years from
the date the parcel or final map was filed for record, or within the time allowed by
agreement for completion of the improvements, whichever is the later; or
c. No lots shown on the parcel or final map have been sold within five 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
accordance with subsection E C of this section. (Ord. 1490 § 3 (part), 2006)
16.16.050 Merger and resubdivision.
Subdivided lands may be merged and resubdivided 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
applicable at the time of resubdivision. Any streets or easements to be left in effect after the resubdivision
shall be delineated on the map. After approval the map shall be delivered to the county recorder for
recording. The filing of the final map shall constitute legal merging of the separate parcels into one parcel
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and the resubdivision of such parcel and shall also constitute abandonment of all streets and easements
not shown on the map. (Ord. 1490 § 3 (part), 2006)
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Chapter 16.17. Airspace and Common Interest and Airspace Subdivisions,
Flexible Lot Design Subdivisions, and Condominium Conversions
Sections:
16.17.010 Purpose and applicability.
16.17.020 Airspace Subdivisions, Common Interest Subdivisions, and Flexible Lot Design
Subdivisions.Application requirements for common interest subdivisions.
16.17.030 Flexible Lot Design Subdivisions in the R-1 zone.Property improvement standards for
common interest subdivisions.
16.17.040 Condominium Conversions.Application requirements for airspace subdivisions.
16.17.050 Property improvement standards for airspace subdivisions.
16.17.060 Required findings for condominium conversions.
16.17.070 Property improvement standards for condominium conversions.
16.17.080 Condominium conversion limit procedure.
16.17.090 Exceptions to chapter.
16.17.010 Purpose and applicability.
As further described in the definitions section, Section 16.26.035, airspace subdivisions differ from common
interest subdivisions in that they do not share interest in a common area within the map boundaries.
Instead, airspace subdivisions divide property ownership into three-dimensional spaces, often stacked
upon one another. Airspace condominiums in residential zoning districts are not included in this category
and are instead regulated by the common interest subdivision standards described above and in Sections
16.17.020 and 16.17.030. Airspace subdivisions are not allowed within residential zoning districts and are
intended to serve mixed use, multi-story buildings within all commercial zoning districts. (Ord. 1507 § 3(16),
2007)
The purpose of this Chapter is to prescribe subdivision regulations that apply to the following tentative map
application types:
Airspace Subdivisions (16.26.035)
Common Interest Subdivisions (16.26.070)
Flexible Lot Design Subdivisions (16.26.135)
Condominium Conversions (16.26.080)
16.17.020 Application requirements for common interest subdivisions.
In addition to application submittal requirements for tentative maps provided in Chapter 16.10, the following
additional information is required in order to complete an application submittal:
1. 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
following information will be required:
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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 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.
2. Any other information deemed necessary by the community development director. (Ord. 1490 § 3
(part), 2006)
16.17.020 Airspace Subdivisions, Common Interest Subdivisions, and Flexible Lot
Design Subdivisions.
A. Applicability and Intent. This Section explains the review process and standards that apply to
subdivision types that differ from the lot area minimums and dimensions in 16.18.030 (Table 2). This
Section covers projects (where allowed in subsection B. below) that propose ownership boundaries or
separate unit ownership within buildings or on parcels where property development standards such as
lot coverage and density are determined by using the exterior boundaries of the property and where
standards apply to the project as a whole instead of requiring conformance with all property
development standards on each of the proposed parcels/units in the subdivision. These types of
subdivisions can rely on shared ownerships as is the case with subdivisions with common interests (i.e.
condominiums) or may also rely solely or in part with easements for common areas such as recreation
facilities, open space, parking, driveways, etc. (i.e. flexible lot subdivisions, and Airspace subdivisions).
B. Zones allowed. This Chapter applies to the Subdivision types listed above in 16.17.010 (defined in
Chapter 16.26) and can be allowed in multi-family and non-residential zones with the exception of
the AG and OS zones. In the R-1 zone, only Flexible Lot Subdivisions are allowed consistent with
16.17.030.
As further described in the definitions section, Section 16.26.035, airspace subdivisions differ from common
interest subdivisions in that they do not share interest in a common area within the map boundaries.
Instead, airspace subdivisions divide property ownership into three-dimensional spaces, often stacked
upon one another. Airspace condominiums in residential zoning districts are not included in this category
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and are instead regulated by the common interest subdivision standards described above and in Sections
16.17.020 and 16.17.030. Airspace subdivisions are not allowed within residential zoning districts and are
intended to serve mixed use, multi-story buildings within all commercial zoning districts. (Ord. 1507 § 3(16),
2007)
C. Application and Review Requirements.
In addition to application submittal requirements for tentative maps provided in Chapter 16.10, the following
additional information is required in order to complete an application submittal:
3.1. Projects submitted pursuant to this Chapter are subject to the city’s Development review process
as outlined in Zoning Regulations Section 17.106.030 (Levels of Development Review) and require
a separate application for Development review to be submitted concurrently with subdivision review
consistent with 16.04.007 of these regulations. Subdivisions proposed pursuant to this Chapter can
only be approved concurrently with Development Review approval or shall be consistent with
development projects which have already received Development Review approval. Tentative
Parcel map or Tentative Tract map application requirements are determined based on the number
of lots or units and criteria of 16.08.050 & 060.
D. Property Development Standards: Property development standards (SLOMC 17.70), including (but
not limited to) density, setbacks, floor area ratios, and lot coverage limitations, shall apply with respect
to the exterior boundary lines (property lines) of the proposed subdivision and not to individual units or
lots within the project. Interior setback standards for each newly created lot within the subdivision are
dictated by minimum separation requirements of the Building and Fire codes and standard minimum
setbacks of the Zoning code are required at the exterior boundaries of the project.
1. Lot Dimensions. Subdivisions subject to this Section may be any size or shape and shall not
be subject to the minimum lot sizes, lot dimensions, and lot area requirements as described in
Table 3 (Minimum Lot Area and Dimensions).
2. Access and driveways. Driveway and pedestrian access shall be provided by direct access to
the public right-of-way or may be served by an easement or be within a separate lot that is
commonly owned and managed by an association or agreement, subject to the approval of the
Public Works Director.
3. Easements. Subdivisions subject to this Section shall provide for use easements or a
commonly owned separate lot for any facilities such as driveways or open space and must
provide for a method of common area maintenance by means of association or agreement.
E. Separate Conveyance. Separate conveyance of the lots resulting from an airspace or common
interest subdivision is permitted. If dwellings or other structures (such as garages) on different lots are
adjacent or attached to each other, the subdivision boundary may separate them for conveyance
purposes if the structures meet building code safety standards and are sufficient to allow separate
conveyance. If any attached structures span or will span the new lot line, or if the lots share a driveway,
appropriate covenants, easements or similar documentation allocating legal and financial rights and
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responsibilities between the owners of the lots (“CC&Rs”) for construction, reconstruction, use,
maintenance, and improvement of the attached structures and any related shared drive aisles, parking
areas, or other portions of the lot must be recorded before the city will approve a final map for the
common interest subdivision. Notwithstanding the provision of such CC&Rs, however, where attached
structures and/or related shared facilities span a lot line resulting from a common interest subdivision,
all owners of the lots shall be jointly and severally responsible for the use and maintenance of such
structures and/or shared facilities in compliance with all provisions of this Code.
1. Except as provided in Government Code Section 65852.26, Accessory Dwelling Units may not
be sold or otherwise conveyed separate from the primary residence.
16.17.030. Flexible Lot Design Subdivisions in the R-1 zone.
A. Purpose. Flexible lot projects in the R-1 zone may be any size or shape and may provide shared
access via easement or via a commonly owned lot subject to the below requirements.
1. Minimum Area and maximum project size. Flexible lot projects in the R-1 zone shall consist
of the minimum size area to create a parcel division as identified in Table 3 of these
regulations. The maximum number of lots allowed for R-1 zone Flexible Lot Projects is four
(parcel map).
2. Development Standards. R-1 zoned Flexible Lot Projects shall provide the minimum area
in each lot required in Table 3 (minimum lot area and dimensions) and Zoning Regulations
Table 3-1 (Maximum Density by cross slope) in order to support a residential dwelling unit.
Each lot shall support required development standards of SLOMC 17.16.020 (Low Density
Residential Zone) for each lot including but not limited to: setbacks, parking, lot coverage,
and floor area ratio.
3. Access and driveways. Driveway and pedestrian access may be served by an easement
or be within a separate lot that is commonly owned and managed by a homeowner’s
association.
4. Neighborhood compatibility. R-1 zoned flexible lot projects shall be found consistent with
Community Design Guidelines for Infill Development and Single-Family Housing Design.
5. Review authority. Flexible Lot Projects in the R-1 zone require review at the moderate
review level described in Zoning Regulations section 17.106.030.C. with a
recommendation from the Architectural Review Commission to the Community
Development Director for approval or denial.
16.17.030 Property improvement standards for common interest subdivisions.
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A. Common Open Space. There shall be provided in each project of five or more units 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.
(Ord. 1507 § 3(18), 2007)
16.17.040 Application requirements for airspace subdivisions.
In addition to application submittal requirements for tentative maps provided in Chapter 16.10, the following
additional information is required in order to complete an application submittal:
A. The tentative map shall provide a cross-sectional drawing showing how the proposed building or
buildings are to be divided into ownership boundaries.
B. Airspace 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 following
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 floor plans.
3. Parking stalls, driveways and associated public improvements shall be provided and clearly
dimensioned in accordance with the city’s parking and driveway standards.
4. A list of property statistics, including any proposed exceptions, shall be provided on the plans.
The statistics shall include a list of property development standards such as floor area ratio,
coverage, height, and setbacks.
5. Location of easements to allow all lots to access the public right-of-way.
6. Any other information deemed necessary by the community development director. (Ord. 1507
§ 3(20), 2007)
16.17.050 Property improvement standards for airspace subdivisions.
A. All tentative maps submitted pursuant to this Chapter creating airspace lots, as defined by Section
16.26.035, shall be required to incorporate a deed restriction or other whichmethod which ensures
the following:
1. Allir space lots or units shall have access to appropriate public rights-of-way by means of one
or more easements or other entitlements to use, in a form satisfactory to the public works
director and chief building official.
2. Parking requirements, inclusionary housing requirements, building code requirements, all
other applicable property development standards required by the zoning regulations, and any
other technical code requirements affecting the development of the property, shall be
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determined for the air space lots as if all lots in the air space subdivision were merged into the
same lot.
Individual buildings that are subdivided by an airspace map shall be reviewed as a single building
for purposes of the building code, zoning code, and general plan policies. Property development
standards including, but not limited to, density, lot coverage, floor area ratio, parking, height, and
setbacks shall be calculated as if the subdivided building were within one lot. (Ord. 1507 § 3(22),
2007)
T
16.17.060 Required findings for condominium conversions.
That:
A. Any existing deed-restricted affordable housing units shall remain at affordable rates for the
remainder of the recorded agreement; or
B. An equivalent number of new units comparable in affordability and amenities to those being
converted are being created as part of the new project; and that low- or moderate-income persons
will not be displaced by the proposed conversion. (Ord. 1507 § 3(24), 2007)
16.17.04070 Property improvement standards for cCondominium Cconversions.
Condominium conversions include converting existing residential rental units, which are leased by the
occupants, into condominium units, which may be owned by the occupants, through the application of at
tentative map. Condominium conversions are not required to comply with existing setback and density
standards if the development met all zoning and building standards in effect at the time of its construction.
Nothing in this Section shall be construed to prohibit the imposition of more restrictive requirements as a
condition of approval by the Planning Commission or City Council when necessary to protect the public
health, safety, or general welfare, based upon appropriate findings.
A. Purpose and Intent. The purpose of this section is to establish standards and special conditions for
the protection of renters of converted residential apartment structures into condominiums. All
residential condominium conversions shall conform to the provisions of this section in addition to any
and all requirements for preparation, review and approval of a tentative map application (Chapter
16.10).
B. Review Process. The Planning Commission’s evaluation shall be provided as a recommendation to
the City Council, which may act on conversion projects based on its own findings, within the numerical
limits established under subsection D of this section.
1. The results of the Planning Commission’s evaluation should be transmitted to the City Council
for considerationby June 30th. The councilCity Council shall approve, approve subject to
conditions, or deny each conversion application within the calendar year which the application
was filed. 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 councilCity Council, which
shall act on the applications by May 31st.
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C. Qualifying Requirements. The tentative map application for a condominium conversion shall be
accompanied by the declaration of covenants, conditions and restrictions, articles of incorporation,
bylaws and contracts 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
anticipated 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
an attached, updated property condition report.
1. Minimum Project Size. Condominium conversion shall not be allowed for projects consisting of
less than five residential units.
Affordable Housing. Condominium conversions shall dedicate the required number of
inclusionary units for ownership projects consistent with the City’s Inclusionary Housing
Requirements (Chapter 17.138.040). Any existing deed-restricted affordable housing units shall
remain at affordable rates for the remainder of the recorded agreement, or an equivalent number of
new units comparable in affordability and amenities to those being converted are being created as
part of the new project; and that low- or moderate-income persons will not be displaced by the
proposed conversion.
1.2. Building and Zoning RegulationsConditions. The structural, electrical, fire and life safety
systems of the applicable structures either are, or are proposed to be prior to the sale of the units,
in a condition of good repair and maintenance, including such alterations or repairs as are required
by the Chief Building Official and Fire Chief.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.
2.3. Smoke DetectorsUtilities and Devices. The applicable residential and/or common structures
presently have, or are intended to have plumbing in sound condition, insulation of all water heaters,
and where feasible, pipes for circulated hot water, individual gas and electrical meters, except in
such cases where individual metering is clearly inadvisable or impractical, adequate and protected
trash areas, smoke and fire detectors, and such other requirements as may be imposed as a
condition of approval. 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.
B. 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.
C. 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.
D. 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.
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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.
E. 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.
4. ParkingAccess and Driveways. Driveway and pedestrian access shall be provided by direct
access to the public right-of-way or may be served by an easement or be within a separate lot that
is commonly owned and managed by an association or agreement, subject to the approval of the
Public Works Director.
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 stopping
zones, if any, shall also be marked.
5. 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.
6. Tenant Protections. A person renting a unit within a property that includes a proposed
condominium conversion shall be entitled at the time of conversion to all tenant rights in state or
local law, including, but not limited to, rights respecting first refusal, notice, and displacement and
relocation benefits.
7. Noticing. Tenants and prospective tenants have been given a tenant's notice of intent to convert
pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act)
sixty (60) days prior to filing applications for tentative map or any associated development review
application with the Community Development Department. Such notice shall be given by the
applicant and shall contain information as to tenant's rights under state and local regulations.
8. Subdivision Map Act. The applicant has complied with all applicable provisions of the Subdivision
Map Act.
F. 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).
(Ord. 1490 § 3 (part), 2006)
G.D. 16.17.080 Condominium conversion limitProcess and pProcedure.
1. 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 multifamily rental dwellings added to the
city’s housing stock during the preceding year. The number of multifamily rental units added in one
year shall be determined as follows: From January 1st through December 31st, the total number of
multifamily rental units given a final building inspection and occupancy permit minus the number of
such units demolished, removed from the city, or converted to nonresidential use.
2. Filing Period. Applications for conversion may be 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 May 31st.February 28th. Applications
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not deemed complete by May 31stFebruary 28th shall be rejected and are not eligible for
consideration until the following year if allocations for conversion are available.
3. Project Ranking.
4.3. 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 Pplanning Ccommission shall rank the
applications according to the following point criteria:
a. The fractions of tenants not objecting to conversion: deduct one 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: ten points for every unit that exceeds
minimum square feet of qualifying private open space (by at least twenty-five square feet) for
a maximum of fifty points. Deduct ten points for every unit that falls below (by at least twenty-
five square feet) the minimum private open space standards. No points for projects that meet
standards. Minimum private open space: R-2 zone -250 sq ft, R-3 & R-4 zones- 100 square
feet with minimum dimesiondimension 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.
c. Project meets or exceeds current parking standards: five points deducted for every parking
space below minimum standards, five points added for every parking space above minimum
requirements up to twenty-five points.
d. Provision of common open space that meets or exceeds criteria: ten points for every
additional one hundred square feet of qualifying and usable common open space above
minimum requirements, for a maximum of fifty points). Minimum common open space: one
hundred square feet for each units in the R-3 and R-4 zones, and 150 square feet for each
unit in the R-3 or R-4 zones and shall have a minimum dimension in every direction of ten feet
for open space provided at the 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.
e. Provision of common recreation amenities that meet or exceed criteria: ten points for high-
quality recreation amenities that exceed minimum size requirements by at least two hundred
square feet per project. Recreation amenities criteria: 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 barbeque
facilities, and other passive use facilities. For larger projects of more than 10 units, more
substantial 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 design.
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f. Provision of units which low-income and moderate-income families can afford: twenty points
given for each moderate deed-restricted affordable unit proposed in the project; twenty-five
points for each low-income unit for a maximum of one hundred points.
g. Provision for energy savings: projects that contain significant solar energy installations
capable of supplying at least fifty percent of the project’s energy demand shall receive twenty
points.
h. Age of existing apartments: one 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 commissionPlanning Commission to add or deduct up to
fifty points.
a. The planning commissionPlanning Commission’s evaluation shall be a recommendation to the
councilCity Council, which may act on conversion projects based on its own findings, within
the numerical limits established under subsection A of this section.
5. Time Limits for Actions. The results of the planning commission’s evaluation should be transmitted
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 councill, which shall act on the
applications by May 31st.
6. Maps. Maps required by the California Subdivision Map Act need not be prepared until an
application 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
contracts 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 anticipated 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 an attached, updated property
condition report. (Ord. 1490 § 3 (part), 2006)
H. 16.17.090 Exceptions to chapteCondominium Conversions Requirements.
I.E. Conversions. Exceptions to the condominium conversion regulations may only be approved by the city
councilCity Council under request by the subdivider when in accordance with the findings noted in
subsection C of this section. Exceptions may only be granted to the property improvement standards
and not the affordable housing requirements or tenant notification provisions.
1. New Common Interest Subdivisions. Exceptions to the property improvements standards for new
common interest subdivisions may be approved by the applicable hearing body (hearing officer,
planning commission, or city councilCity Council) and are subject to the findings noted in
subsection C of this section.
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2.1. Findings for Exceptions.
a. 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.
b. 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 regulations, a reasonable floor area for a one-bedroom unit is considered to
be approximately nine hundred square feet while a reasonable floor area for a two-bedroom
unit is considered to be one thousand two hundred square feet.)
c. 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.
d. No feasible alternative to authorizing the exception would satisfy the intent of the city policies
and regulations. (Ord. 1490 § 3 (part), 2006)
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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.
16.18.045 Remainder parcels
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 Sample street layouts for alternative consideration.
16.18.090100 Access restrictions.
16.18.10010 Alleys.
16.18.11020 Street names.
16.18.12030 Hillside subdivisions.
16.18.13040 Location of development.
16.18.14050 Agricultural buffers.
16.18.14555 Natural resource preservation—Creeks, wetlands and native habitats.
16.18.15060 Energy conservation.
16.18.16070 Easements for solar access.
16.18.010 Purpose and applicability.
This Cchapter 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 mMunicipal Ccode. 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 Ggeneral Pplan
and the Ccommunity Ddesign Gguidelines. Standards for the physical design of streets and associated
public improvements can be found in the city engineering standards, a document maintained by the Ccity
Ppublic wWorks Ddepartment. Subdivision design principles can be found in Chapter 5.2 of the Ccity’s
Ccommunity Ddesign gGuidelines. (Ord. 1490 § 3 (part), 2006)
16.18.020 General design requirements.
The design of lots shall be based on intended use, topography, natural resources and access
requirements. 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 three feet
in height, 2:1 slopes or other significant landform alterations are strongly discouraged.
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B. Access and Neighborhood Connections. Consistent with General Plan Land Use Element
Policies 2.1.4, 2.1.5 and 2.2.6, new subdivisions shall be integrated with existing subdivisions. All
subdivisions shall 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 roadways. 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 existing private property
and such costs shall be the responsibility of the subdivider. (Ord. 1490 § 3 (part), 2006)
16.18.030 Lot dimensions.
Except as otherwise approved as part of a specific plan, planned development zoning, or pursuant to
subdivision types described in Chapter 16.17 including common interest /airspace subdivision, urban lot
splits, or flexible lot design subdivision, each lot shall have the minimum area and dimensions indicated in
Table 3 for the zone in which it is located.
Table 23. Minimum Lot Area and Dimensions
Zone Min. Lot Area
(sq. ft.) Min. Width (feet) Min. Depth (feet) Min. Street
Frontage (feet)
C/OS 5 acres or more
as required by
zone
200 200 20
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
O 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
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Zone Min. Lot Area
(sq. ft.) Min. Width (feet) Min. Depth (feet) Min. Street
Frontage (feet)
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
BP 9,000 60 100 40
Exceptions/Additional standards:
1. Lots within common interest/airspace subdivisions or flexible lot design projects, 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, variable lot sizes
may be allowed through planned development zoning, consistent with Chapters 17.50 and 17.62 or
as provided in section 16.17.030.B. consistent with standards for flexible lot design projects forin the
R-1 zone..
2. In residential subdivisions, corner lots shall have a minimum area fifteen percent 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 sixteen percent 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,
Section 17.70.040.2 17.16.010. including average cross slope categories of Table 3-1 of the Zoning
Regulations.
5.6. In order to qualify for a density bonus or other benefits afforded under state Density Bonus Law, the
subdivision shall provide for a minimum of five conforming lots presidential units prior to the
application of any density bonus incentives as calculated in note 5 above regardless of the number
of accessory/junior accessory dwelling units proposed.
(Ord. 1490 § 3 (part), 2006)
16.18.045 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
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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
improvements.) (Ord. 1490 § 3 (part), 2006)
16.18.040 Location of lot lines.
Notwithstanding subdivision layouts approved under provisions of Chapter 16.17, or as allowed by Planned
Development (PD) rezoning, or by approved exceptions consistent with this title or Title 17 (Zoning
Regulations), the location of lot lines shall conform to the following standards:
A. Side lotInterior lot lines should generallyshall 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. New lot lines must be straight lines that are consistent with the prevailing pattern of the
neighborhood, unless there is a conflict with existing improvements or the natural environment in
which case the line may not be straight but shall follow the appropriate course.
a. No portion of a subdivision shall result in a lot width or depth of less than 20 feet for any
portion of the subdivision.
b. A lot line shall not bisect or be located within four feet of any existing or proposed
structure.
c. The placement of lot lines shall not result in an accessory building or accessory use on a
lot without a main building or primary use on the same lot, as defined in the Section
17.70.010 (Accessory Structures).
C. Lot lines shall be located within appropriate physical locations, such as the top of creek banks, at
appropriate topographical changes (top or bottom of slopes, etc.) or at locations which clearly
separate existing and proposed land uses.
A.D. Lot lines shall not be configured to maximize development capacity at the cost ofthat
results in illogical lot patternsundevelopable area (aside from accommodating site access).
B.E. Lot lines shall be Ccontiguous with existing zoning boundaries.
C. On corner lots, the lot lines adjacent to streets shall be rounded in accordance with the radius
approved at the street intersection to the satisfaction of the city engineer.
F. Lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks,
floor area ratio, parking), nor increase the nonconformity of an existing nonconforming structure.
D.G. 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. (Ord. 1490 § 3 (part), 2006)
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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
assurance that a deep lot subdivision (a flag lot subdivision) will not occur or except as otherwise provided
in this titlethat deep lot subdivision and subsequent development will be accomplished without detriment to
adjacent properties. (Ord. 1490 § 3 (part), 2006)
16.18.060 Flag lots (dDeep lLot Ssubdivision).
A. Purpose. Deep Lot Subdivisions (also referred to as flag lot subdivisions) Notwithstanding sections-----
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
justified by topographical conditions.
B. Application and Review. An applicant for deep lot subdivision shall submit a tentative map application
on a form prepared by the city, along with all information and materials prescribed by such form (see
Chapter 16.10).
a. Where surrounding residential development exists on adjacent parcels, new parcels served by
deep lot subdivisions shall be declared as “sensitive sites” by the Community Development
Department. A sensitive site shall require Minor Development Review, as described in Zoning
Regulations Section 17.106.030.B, to review the proposed development design for consistency
with the Community Design Guidelines and for potential impacts to adjacent properties from
and protect adjacent properties from overlook, encroachment of solar access, and adequate
noise protection and privacy.
A.C. Deep Lot Subdivisions. Such sSubdivisions subject to this Section shall conform to the following:
1. The accessway serving the flag resulting lot(s) shall not be included in the determination of
required lot area for the purposes of minimum lot area requirements, or average cross slope
calculations (except as described in subsection D of this Section)for any lot.
2. The original lot shall have frontage on a dedicated street of at least the minimum dimensions
required by these regulations (Table 3, Section 16.18.030) for the zone in which it is located,
separate from the accessway required to rear lots. The lot farthest from the street shall own the
accessway in fee. Other lots using the accessway shall have an access easement over it.
3. The accessway (access lot, not driveway width) to the rear lots(s) shall be at least twenty (20) feet
wide for residential and conservation/open space zones, and forty (40) feet wide for commercial
zones (except the C-D zone, which is fifteen feet). Driveway width and paving shall be determined
by the cCity Pparking and Ddriveway Sstandards and is subject to approval of the cCommunity
Ddevelopment Ddepartment Ddirector based on use, distance, number of parking spaces and/or
units served.
4. Accessway driveways greater than three hundred 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 turnaround areas for standard vehicles to exit the driveway in a forward motion
without performing more than two turning maneuvers.
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A. 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 turnaround areas) and existing or proposed residential
structures.
B. For each residence served by a flag lot driveway, one additional off-street parking space shall be
provided. The parking space may not be within the street yard or in tandem to other required
parking spaces.
C. Where surrounding residential development exists on adjacent parcels, new parcels served by flag
lots may be declared as “sensitive sites” 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.
D.C. The lot farthest from the street shall own the accessway in fee. Other lots using the
accessway shall have an access easement over it. (Ord. 1490 § 3 (part), 2006)
16.18.070 Multiple frontages.
Single-family rResidential lots in the R-1 zone 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.
(Ord. 1490 § 3 (part), 2006)
16.18.080 Street Llayout and alternative Ddesign Sstandards.
Street construction specifications, dimensions, and designalternative standards can be found in the city’s
engineering standards. The city encourages the use of context-sensitive alternative designs where
appropriate 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 implementation of the general plan.
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The circulation and street pattern of the proposed subdivision shall conform to the Ccirculation Eelement of
the Ggeneral Pplan, 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;Active 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
triangles, lighting, signalization, etc.
F. In order to implement general plan policy, streets should be designed with the following
considerations:
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).
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 (nonmotorized travel).
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4. If streets are more than two lanes, they should be divided by planted medians to appear more
like two one-way streets and to manage left-turn access per City Engineering Standards..
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. Where cul-de-sacs or dead-end
streets are proposed, connectivity to nearby streets should be provided for bicycles and
pedestrians where feasible.
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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 automobile from the space provided for pedestrians and people in wheelchairs. (Ord. 1490
§ 3 (part), 2006)
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:
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(Ord. 1490 § 3 (part), 2006)
16.18.090100 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. (Ord. 1490 § 3 (part), 2006)
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16.18.10010 Alleys.
The city may require dedication and improvement of alleys to serve as rear access to parcels in industrial,
commercial, and residential subdivisions. (Ord. 1490 § 3 (part), 2006)
16.18.11020 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. (Ord. 1490 § 3 (part), 2006)
16.18.12030 Hillside subdivisions.
A. Applicability. Hillside subdivision standards apply where any portion of the proposed subdivision
boundaries is within all or a portion of Hillside Planning areas identified in the General Plan Land Use
Element, or where any existing or proposed lots exceed 16 percent slope as calculated in Zoning
Regulations Section 17.70.090 – Hillside Development Standards.
Where prohibited.
(a) No parcel(s) shall be created with an average slope of 30 percent or more.
B. No parcel(s) shall be created without at least one building site of at least 5,000 square feet with a
natural slope of 10 percent or less
C. Review. Moderate Level review pursuant to Zoning Code section 17.106.030.C.is required in order
to determine the proposed subdivision satisfies all required standards, guidelines, and policies
applicable to Hillside Subdivisions.
D. Findings required. In addition to the below subdivision design requirements, the approving body
shall, prior to approval, make findings that the project is consistent with Hillside Development
Standards of the Zoning Regulations (17.70.090), Hillside Development Guidelines of the Community
Design Guidelines (CDG 7.2 Hillside Development), policies of the Land Use Element (LUE 6.4,
Hillside Policies) and view protection policies of the Open Space Element (COSE Chapter 9) of the
General Plan.
E. 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, Section 17.70.04017.16.010. This
shall be done by increasing the size of the lots or by designating a sufficient area for permanent open
space. On lots sloped sixteen percent or greater, the lot size shall provide the density for at least one
unit value according to the zoning regulations, Section 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 perpetual open space agreement at the option of the city.
F. Hillside Lot Configuration. Increasing lot sizes is the preferred approach in areas of uniform
topography. In areas of variable topography the preferred approach is to have substantially larger lots
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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.
G. Hillside Grading. Subdivisions shall be designed to keep grading and terracing of hillsides to an
absolute minimum, consistent with hillside protection policies in the land use and open space
elements of the general plan.
H. 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
grading of visible driveways;
3. Include planting which is compatible with native hillside vegetation and which provides a visual
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 concerns);
5. Plans shall include erosion and sediment control practices including temporary vegetation
sufficient to stabilize disturbed areas;
6. The grading plan shall maintain the character and visual quality of the adjacent hill or
mountain resource;
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 ensure 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. (Ord. 1490 § 3 (part), 2006)
16.18.13040 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. (Ord. 1490 § 3 (part),
2006)
16.18.14050 Agricultural buffers.
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(Ord. 1490 § 3 (part), 2006)
16.18.14555 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:
A. Creeks and their corridors are to be preserved as open space, and creek corridors are to be
maintained in essentially a natural state to protect the community’s water quality, wildlife diversity,
and aesthetic value.
B. 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
security of the development can be maintained.
C. 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
proposed open space parcel or easement, allowed uses and maintenance responsibilities within
that parcel or easement should be clearly defined prior to map approval.
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(Ord. 1490 § 3 (part), 2006)
16.18.15060 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
conversion 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.
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
demonstrates that for certain lots:
1. The lots are large enough to allow proper building orientation and maximum feasible control of
solar 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
development) 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
orientation. (Ord. 1490 § 3 (part), 2006)
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16.18.16070 Easements for solar access.
A. In order to provide for the maximum feasible use of solar energy within subdivisions, the city may
require establishment of easements for some or all of the lots to protect access to sunlight. Such
easements 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 energy element of the general plan; or
2. The size and shape of the parcels together with the yard and height restrictions of the zoning
regulations will allow subsequent development of each parcel in a way which will not eliminate
acceptable 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
subsequent grantees of the original grantor(s) and grantee(s).
2. The description of the easement shall include:
a. A plan and orthographic view of the easement area in relation to lot lines, together with
notations 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 (azimuth);
c. The restrictions placed on vegetation, structures or other objects which would impair or
obstruct 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. (Ord. 1490 § 3 (part), 2006)
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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 Oversizing 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 completed
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 is 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
assessment district or community facilities district. (Ord. 1490 § 3 (part), 2006)
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.
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Required improvements may include, but are not limited to:
A. Full-width street improvements by grading, base preparation and paving including curbs, gutters,
sidewalks, 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. TransitBus stops and benches.
C. Storm drainage, erosion and flood-control facilities.
D. Street name signs and other traffic 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 projects, 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, and shall be subject to the following requirements:
1. Each building shall have a separate city water meter.
2. The condominium owners’ association shall be the responsible entity for receiving and paying
the city water and sewer bill. The condominium owners shall be jointly and severally
responsible for the payment of the city water and sewer bill.
3. Each condominium unit shall have a separate submeter, which will be the property and
responsibility of the condominium owners’ association. The condominium owners’ association
agreement shall include provisions for the reading of the submeters and the proper division of
the city water and sewer bill among the condominium owners.
EXCEPTION: Nonresidential air-space condominiums that have no potential for water use or water
using fixtures within the air-space will not be required to have a submeter.
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 perpetual 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 recycled water master plan.
H. Electric power, gas, cable television and telephone services for each lot or condominium unit.
I. Fire hydrants.
J. Streetlights. (Ord. 1501 § 2, 2007)
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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
improvements 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
requirements can be found within the city engineering standards, uniform design criteria. (Ord.
1490 § 3 (part), 2006)
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 regulations,
as set forth in Chapter 70 in the Appendix of the Uniform Building Code as adopted by the city. (Ord. 1490
§ 3 (part), 2006)
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
checking, in an amount established by resolution of the councilCity Council. (Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
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
department may establish. The subdivider shall pay an inspection fee in an amount equal to that
established by councilCity Council resolution. (Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490
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16.20.090 Improvements waived.
The councilCity Council may waive all or a portion of the improvements which would otherwise be required
if the subdivision map is for the purpose of consolidating existing lots and unsubdivided parcels, eliminating
abandoned streets or alleys, or adjusting boundaries, when there is not public need for such improvements.
(Ord. 1490 § 3 (part), 2006)
16.20.100 Oversizing improvements.
As a condition of approval of a tentative map, it may be required that improvements installed by the
subdivider 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
regulations prior to any work being undertaken. (Ord. 1490 § 3 (part), 2006)
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 following 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
attorney; and
3. The developer submits evidence of the actual costs of the improvements described in the
reimbursement agreement.
a. Evidence shall be provided in the form of 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;
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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
projects, 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
liability, obligation or debt owed the original developer. (Ord. 1490 § 3 (part), 2006)
16.20.120 Improvement agreement required.
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. (Ord. 1490 § 3 (part), 2006)
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
simultaneously with the final map.
B. The improvement agreement shall be complete, subject to councilCity 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
final map recording and end upon the date of completion of fulfillment of all terms and conditions
contained therein to the satisfaction of the councilCity Council. (Ord. 1490 § 3 (part), 2006)
16.20.140 Minimum improvement agreement provisions.
The improvement 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
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its option, complete 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 councilCity Council; and
F. A provision guaranteeing payment to the city for all engineering and inspection costs and costs not
previously paid and all other incidental costs incurred by the city in enforcing the agreement. (Ord.
1490 § 3 (part), 2006)
16.20.150 Additional improvement 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
councilCity 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 required 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
subdivision, at the subdivider’s expense;
C. Mutually agreeable terms to improve, at some undetermined future date, easements offered and
reserved 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;
D. Provision for reimbursement to be paid to 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 public utilities necessary to serve the subdivision. (Ord. 1490 § 3 (part), 2006)
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, plus ten percent contingency, and such additional
amounts as the councilCity 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.
(Ord. 1490 § 3 (part), 2006)
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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
improvements 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
improvement 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 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 councilCity Council. (Ord. 1490 § 3 (part), 2006)
16.20.180 Labor and materials.
When the improvement security provided pursuant to Section 16.20.170 is a surety bond, it shall be
accompanied 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
material 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. (Ord. 1490 § 3 (part), 2006)
16.20.190 Liability for alterations or changes.
The liability upon the security given for the faithful performance of the agreement shall include the
performance 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. (Ord. 1490 § 3
(part), 2006)
16.20.200 Release of improvement security—Assessment district proceedings.
If the required subdivision improvements are financed and installed pursuant to special assessment
proceedings, 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 councilCity Council by an amount corresponding to the amount of such bonds furnished by the
contractor. (Ord. 1490 § 3 (part), 2006)
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;
provided, 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 attorneys’ fees, incurred by the city in enforcing the
improvement agreement.
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B. The councilCity Council shall accept and certify the satisfactory completion of improvement work
prior to any release of improvement security covering such work. (Ord. 1490 § 3 (part), 2006)
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
subdivision until all required improvements are substantially completed to the satisfaction of the community
development director and certified by the City Council; provided, however, building permits and
entitlements may be issued for the development 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
acceptance 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. (Ord. 1490 § 3 (part), 2006)
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 City
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 councilCouncil. 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. (Ord. 1490 § 3 (part), 2006)
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
prerequisite to the orderly development of the surrounding area. If these findings are made, the city may
require completion of the improvement requirements within a reasonable time following approval of the
parcel map and prior to the issuance of permits for development. (Ord. 1490 § 3 (part), 2006)
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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 standards.
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;Transit facilities
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
required to be dedicated bears a reasonable relationship to the increased need for public facilities
created by the subdivision;
O. Cultural resources. (Ord. 1490 § 3 (part), 2006)
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16.22.020 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 councilCity
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. (Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
16.22.050 Parkland dedication—General standards.
A. In order to implement the parks 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 acres for each one thousand residents expected to reside within the
subdivision, except 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 ten acres per one thousand 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
subdivision shall be determined by the city using the most recent census results for the type and
size of dwellings proposed for the subdivision. (Ord. 1490 § 3 (part), 2006)
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 additional 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 stock cooperative
projects shall be considered parcels.
In these cases, the subdivider shall pay in-lieu fees as provided in Section 16.22.080. (Ord. 1490 § 3 (part),
2006)
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 comparable 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. (Ord. 1490 § 3 (part), 2006)
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
contribution 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 otherwise 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 councilCity 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 element of the general plan. Such improvements may, but need not be
made within a park area dedicated by the subdivider.
E. The councilCity Council may, by resolution, establish additional criteria for determination and
procedures for collection and use of in-lieu fees, including a maximum fee per dwelling, to the
extent such additional requirements do not conflict with these regulations or the Subdivision Map
Act. (Ord. 1490 § 3 (part), 2006)
16.22.090 Parkland dedication—Procedures.
A. At the time of approval of the tentative map, the councilCity Council shall determine the amount of
land to be dedicated and/or fees to be paid by the subdivider.
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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
approval 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
purposes, in accordance with Section 16.22.070, shall be executed prior to approval of the final
subdivision map.
D. When the councilCity Council approves the final subdivision map, it shall specify when
development of the local park will begin. (Ord. 1490 § 3 (part), 2006)
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
subdivision and parkland dedication shall be in accordance with the specific plan. (Ord. 1490 § 3 (part),
2006)
16.22.110 Title insurance for dedication.
Before the final subdivision map is recorded, or if dedication and offers of dedication are supplemented by
a 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. (Ord. 1490 § 3 (part), 2006)
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Chapter 16.23. Requests for Exceptions, Appeals, and Application
Resubmittal
Sections:
16.23.005 Purpose of provisions.
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 Resubmittal of similar applications.
16.23.005 Purpose of provisions.
This chapter explains the provisions for requesting discretionary exceptions to the standards and
requirements of the subdivision regulations, and for appealing decisions by the director, the city engineer,
or the planning commissionPlanning Commission to the city councilCity Council. (Ord. 1490 § 3 (part),
2006)
16.23.010 Exception authority.
The planning commissionPlanning Commission or city councilCity Council may authorize exceptions to the
requirements or standards imposed by these regulations; provided, however, that no exceptions may be
made to any requirements imposed 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. (Ord. 1490 § 3 (part), 2006)
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
conditions, 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
reason 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 Planning cCommission 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 applicable specific plans, and with the intent and purposes of these
regulations. (Ord. 1490 § 3 (part), 2006)
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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
requested, the specific reasons for, and the facts relied upon to reach those conclusions.
B. The Planning cCommission 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. (Ord. 1490 § 3 (part), 2006)
16.23.040 Appeal procedures.
Any discretionary decision, determination, or requirement of the community development or public works
director, or the planning commissionPlanning Commission, made pursuant to these regulations may be
appealed to the city councilCity Council as provided in this Titlechapter. The decision of the councilCouncil
shall be final.
A. Who May Appeal. An appeal may be filed by the subdivider or any interested person(s) adversely
affected by the action being appealed.
B. Time and Place for Filing. An appeal shall be filed in writing within ten 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 16.10.155, Time extension for parcel or final maps; such an appeal shall be
filed within fifteen calendar days after the decision. If the last applicable calendar day falls on a
Saturday, Sunday or holiday, the last day to appeal shall be on the next business day that City Hall
is open. Appeals to the city councilCity Council shall be filed with the city clerk.
C. Form of Appeal. Appeals shall describe the actions or decisions being appealed and explain the
reason for the appeal. Appeal forms for discretionary decisions of the director are available in the
community development department. Appeal forms for discretionary decisions of the planning
commissionPlanning Commission are available in the city clerk’s office. Fees for filing appeals shall
be in accordance with the city councilCity Council’s adopted fee schedule.
D. 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 thirty days of the date the appeal was filed.
E. Action and Findings. After holding a public hearing, the hearing body shall declare its findings
within seven days based on the testimony and documents presented at the hearing. The hearing
body may sustain, 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. (Ord. 1490 § 3
(part), 2006)
16.23.050 Resubmittal 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
councilCity Council, for good cause, shall grants permission to do so. (Ord. 1490 § 3 (part), 2006)
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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.
16.24.030 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. (Ord.
1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
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
necessary 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. (Ord. 1490 § 3
(part), 2006)
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Chapter 16.26. Definitions
Sections:
16.26.010 Generally.
16.26.020 Advisory agency.
16.26.030 Alley.
16.26.035 Airspace subdivision.
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.
16.26.136 Flexible Lot Design Subdivision
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.
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.
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16.26.410 Subdivision.
16.26.420 Subdivision Map Act.
16.26.430 Tentative map.
16.26.431 Tentative Parcel Map.
16.26.432 Tentative Tract Map.
16.26.440 Vesting tentative map.
16.26.010 Generally.
For the purposes of the regulations codified in this title, and to supplement the definitions in the Subdivision
Map Act, the following words and phrases shall be construed as defined in this chapter. (Ord. 1490 § 3
(part), 2006)
16.26.020 Advisory agency.
“Advisory agency” means the community development director, city engineer, or planning
commissionPlanning Commission, as the case may be, which recommends to the councilCity Council
action on certain types of map applications. (Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
16.26.035. Airspace subdivision.
An “airspace subdivision” for the purposes of these regulations is the three-dimensional subdivision of a
commercial zoned property. Because there are no common areas, an airspace subdivision is not a
condominium project for purposes of the Subdivision Map Act. Legal agreements recorded with the
subdivision define how the lots and uses will function once individual components are sold. “Airspace lots”
are defined as a division of the space above or below a lot, or partially above and below a lot, having finite
width, length, and upper and lower elevations, occupied by a building or portion thereof. An airspace lot
shall have access to appropriate public rights-of-way by means of one or more easements. Minimum lot
sizes, lot dimensions, and lot area requirements shall not apply to airspace lots. Parking requirements,
setback requirements, building density, floor area ratio, and associated property development standards
shall apply and shall be determined as if all lots, buildings or structures in the airspace subdivision were
merged into the same lot. (Ord. 1507 § 3(26), 2007)
16.26.040 Applicant.
“Applicant” means the subdivider or his their authorized representative. (Ord. 1490 § 3 (part), 2006)
16.26.050 Association.
“Association” means a nonprofit corporation or unincorporated association created for the purpose of
managing a common interest development. (Ord. 1490 § 3 (part), 2006)
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
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the line along which the slope is being measured running essentially perpendicular to the contours between
the points. (Ord. 1490 § 3 (part), 2006)
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
subdivisions 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 property
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 boundaries
thereof. The area within these boundaries may be filled with air, earth, or water, or any combination
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:
C. The common area is owned either by the association or in common by the owners of the separate
interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.
1. 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 of the California Civil Code.
2. For the purposes of these regulations, planned developments will be subject to condominium
requirements 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.
D.B. “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
condominiums.
E.C. “Stock cooperative” means a development in which a corporation is formed or availed of
primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real
property, and all or substantially all of the shareholders of the corporation receive a right of
exclusive occupancy in a portion of the real property, the title to which is held by the corporation.
The owners’ 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. (Ord. 1490
§ 3 (part), 2006)
16.26.080 Condominium conversion.
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“Condominium conversion” means the conversion of property occupied under tenancies or estates other
than condominiums to occupancy as condominiums. (See Chapter 16.17 of the San Luis Obispo Municipal
Code, Common Interest Subdivisions and Condominium Conversions.)
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. (Ord. 1490 § 3 (part), 2006)
16.26.100 Distance.
All distances are measured horizontally unless noted otherwise. (Ord. 1490 § 3 (part), 2006)
16.26.110 Environmental impact report.
“Environmental impact report” means 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 contents of the EIR are described in Article 9, Section 15120 of the State
CEQA Guidelines. (Ord. 1490 § 3 (part), 2006)
16.26.120 Final map.
“Final map” means the recording instrument for a tentative tract map involving five or more parcels or as
otherwise defined within the Subdivision Map Act. A final map shall require the components as listed in
Section 16.14.050. (Ord. 1490 § 3 (part), 2006)
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. “Flag lot subdivisions” are referred to in these
regulations as “deep lot subdivisions.” (Ord. 1490 § 3 (part), 2006)
16.26.135 Flexible Lot Design Subdivision.
“Flexible Lot Design Subdivision” means projects which consist of small lot subdivisions where each unit is
within its own lot. In the R-2, R-3 and R-4 zones and commercial districts, development standards such as
density, setbacks, and lot coverage are based on the exterior boundaries of the project site to provide for
innovative designs and options for flexible development of site. In the R-1 zone, Flexible Lot Design
Subdivisions have separate standards described in 16.17.030.B.
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 silt and debris, erosion, or the presence of standing water. (Ord. 1490
§ 3 (part), 2006)
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 councilCity Council resolution and without further action by the owner.
(Ord. 1490 § 3 (part), 2006)
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16.26.160 General plan.
“General plan” means the adopted general plan of the Ccity of San Luis Obispo. (Ord. 1490 § 3 (part),
2006)
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. (Ord.
1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
16.26.190 Lot line adjustment.
“Lot line adjustment” involves the adjustment or relocation of existing, legally established lot lines between
two or more directly adjacent parcels where a greater number of parcels than originally existed is not
created. (Ord. 1490 § 3 (part), 2006)
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 part of the lot, adding the
lengths of the two lines, and dividing by two. (Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
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.
(Ord. 1490 § 3 (part), 2006)
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 irregular
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. (Ord. 1490 § 3 (part), 2006)
16.26.240 Lot line, side.
“Side lot line” means any lot line other than a front or rear lot line. (Ord. 1490 § 3 (part), 2006)
16.26.250 Merger.
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“Merger” means the joining of two or more contiguous parcels of land under one ownership into one parcel.
(Ord. 1490 § 3 (part), 2006)
16.26.260 Minor subdivision.
“Minor subdivision” means a subdivision of four or fewer parcels. (Ord. 1490 § 3 (part), 2006)
16.26.270 Nonresidential subdivision.
“Nonresidential subdivision” means a subdivision whose intended use is other than residential. Such
subdivision shall comply with applicable provisions of these regulations. Subdivisions incorporating both
residential and nonresidential uses, either upon the same land area or within different portions of the
subdivision, shall comply with applicable provisions of these regulations. (Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
16.26.290 Parcel map.
“Parcel map” means the recording instrument for a minor subdivision involving four or fewer parcels or
meeting the criteria of Section 16.08.050. A parcel map shall require the components as described in
Section 16.14.050. (Ord. 1490 § 3 (part), 2006)
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.
(Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
16.26.320 Reversion to acreage.
“Reversion to acreage” means the voiding of a previous subdivision in order to revert the platted lots
contained therein back to the original parcel or parcels which existed prior to the subdivision. the combining
of two or more recorded, contiguous lots into a single parcel. (Ord. 1490 § 3 (part), 2006)
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,
electric 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
public use by the owner of the parcel(s) on which the right-of-way is established. (Ord. 1490 § 3 (part),
2006)
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Page 104 of 105
16.26.340 Roadway.
“Roadway” means that portion of a street or alley used or intended to accommodate the movement of
vehicles. (Ord. 1490 § 3 (part), 2006)
16.26.350 Slope.
See Section 16.26.060, Average cross slope. (Ord. 1490 § 3 (part), 2006)
16.26.360 Specific plan.
“Specific plan” means a plan for a designated area of the city. Specific plans are designed to implement,
based on the Ggeneral pPlan but and containing more detailed regulations and programs, as provided set
forth in Sections 65450 and following of th- 65457e of the California Government Code. (Ord. 1490 § 3
(part), 2006)
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
regulations, stock cooperatives will be subject to the same requirements as condominiums. (Ord. 1490 § 3
(part), 2006)
16.26.380 Street.
“Street” means a way for vehicular traffic, whether designated as a street, highway, road, avenue,
boulevard, lane, place, way or other name. “Street” does not include a path or alley. (Ord. 1490 § 3 (part),
2006)
16.26.390 Street tree.
“Street tree” means a tree in a public place, street, special easement or right-of-way adjoining a street.
(Ord. 1490 § 3 (part), 2006)
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. (Ord. 1490 § 3 (part), 2006)
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 contiguous 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” includes a condominium project as defined in Section 1350
4125 or 6542 of the Civil Code, a community apartment project as defined in Section 11004 of the
Business and Professions Code,4105 of the Civil Code or the conversion of five or more existing
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Page 105 of 105
dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and
Professions Code. 4190 or 6566 of the Civil 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 livestock.
(Ord. 1490 § 3 (part), 2006)
16.26.420 Subdivision Map Act.
“Subdivision Map Act” means the Subdivision Map Act of the state of California (Division 2 of Title 7 of the
California Government Code) and such revisions as may be made by the California Legislature. (Ord. 1490
§ 3 (part), 2006)
16.26.430 Tentative map.
“Tentative map” refers to a map made for the purpose of showing the design and improvement of a
proposed subdivision and the existing conditions in and around it and need not be based upon an accurate
or detailed final survey of the property. Tentative maps are the map category that includes Tentative Parcel
Maps, Tentative Tract Maps, and Vesting Tentative and Tract Maps. Unlike a “parcel map” defined above,
a tentative map is not required to be drawn by a registered civil engineer. (Ord. 1490 § 3 (part), 2006)
16.26.431 Tentative Parcel Map.
A “Tentative Parcel Map” is the tentative map type required for all subdivisions with four or fewer lots or if
greater than four lots if consistent with 16.08.060.A. A Parcel map is the recording mechanism for Tentative
Parcel Maps.
16.26.432 Tentative Tract Map.
A “Tentative Tract Map” is the tentative map type required for all subdivisions with five or more lots and
which do not meet criteria of 16.08.060.A. A Final Map is the recording mechanism for Tentative Tract
Maps.
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 conveys
development rights for subdivisions according to Chapter 16.12. (Ord. 1490 § 3 (part), 2006)
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Page 128 of 149
PLANNING COMMISSION AGENDA REPORT
SUBJECT: REVIEW OF CANNABIS BUSINESS OVERLAY ZONES EXPANSION TO
INCLUDE THE RECENTLY ANNEXED FIERO LANE – CLARION COURT AND EAST
AIRPORT AREAS
BY: Alex Fuchs, Cannabis Business Coordinator FROM: Tyler Corey, Deputy Director
Phone Number: 805-783-7877 Phone Number: 805-781-7169
Email: afuchs@slocity.org Email: tcorey@slocity.org
APPLICANT: City of San Luis Obispo REPRESENTATIVE: Alex Fuchs
RECOMMENDATION
Adopt a Draft Resolution recommending City Council introduce and adopt an Ordinance
expanding the Cannabis Business Overlay Zones to include the recently annexed Fiero
Lane – Clarion Court and the East Airport Areas of the Airport Area Specific Plan.
1.0 COMMISSION'S PURVIEW
Review the recommended expansion of the Cannabis Business Overlay Zones and make
a recommendation to City Council for the introduction and adoption of an Ordinance
approving the proposed expansion.
2.0 SUMMARY
Staff is anticipating opening a new application period for commercial cannabis operator
permits, including for the third retail storefront permit, in summer 2023. In advance of the
new application period, staff recommends Council approve a proposed expansion of the
Cannabis Business Overlay Zones (CBZ) to include the recently annexed Fiero Lane –
Clarion Court Area and the East Airport Area along Broad Street. The intent is to obtain
and retain qualified operators by expanding opportunities for where cannabis businesses
may be permitted.
The CBZ expansion requires a change to the City’s Zoning Map which falls under the
purview of the Planning Commission. This report presents the background and
justification for the proposed expansion and a recommendation for the Planning
Commission to adopt a Resolution (Attachment A) recommending Council introduce and
adopt an Ordinance (Exhibit A to the Resolution) approving the proposed expansion.
3.0 PREVIOUS REVIEW
On February 8, 2023, the Planning Commission reviewed and approved a
recommendation amending the Municipal Code modifying specific rules for commercial
cannabis retail storefront operations and expanding the Cannabis Business Overlay
Zones to include the recently annexed East Airport Area of the Airport Area Specific Plan
(AASP).
Meeting Date: 4/12/2023
Item Number: 6b
Time Estimate: 30 Minutes
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Item 6b
RZ-0118-2023
Planning Commission Report – April 12, 2023
Linked for reference is PC Resolution No. PC-1069-2023, adopted by the Planning
Commission on February 8, 2023, approving staff’s recommendation. On March 7, 2023,
City Council reviewed and approved the introduction of an Ordinance amending the
Municipal Code modifying the specific rules for retail storefront operations. The Ordinance
returned to Council and was adopted on March 21, 2023.
At the Council March 7th meeting, staff did not present, for Council’s consideration,
introduction of an Ordinance expanding the Cannabis Business Overlay Zones to include
the East Airport Area. Instead, staff is scheduled to return to Council on May 2, 2023, with
a recommendation to introduce an Ordinance expanding the Cannabis Business Overlay
Zones to include both the Fiero Lane – Clarion Court Area and the East Airport Area.
4.0 PROJECT ANALYSIS
In September 2018, City Council approved the establishment of the Cannabis Business
Overlay Zones (CBZs) consisting of seven separate designated areas of the City where
commercial cannabis activities may be permitted. For reference, Attachment C is a map
of the City showing all the CBZs in green. The CBZs contain an appropriate mixture of
land use types for commercial cannabis activities; are generally free of sensitive land
uses like schools, daycare facilities, and public parks; and properties fronting an arterial
street required for retail storefront operations. Staff periodically evaluates areas of the
City that may be suitable to permit commercial cannabis activities and will develop
recommendation(s) based on the evaluation for Planning Commission’s and City
Council’s consideration.
4.1 Fiero Lane – Clarion Court Area
In November 2019, City Council approved annexation of the Fiero Lane – Clarion Court
Area. The area is made up of 30 parcels totaling 38.97 acres of land and is located on
the west side of Broad Street within the Airport Area Specific Plan (AASP). The area
includes developed properties along Fiero Lane and Clarion Court with a mix of industrial,
manufacturing, commercial, and office uses; with an estimated 500,124 square feet of
total building area.
4.2 East Airport Area
In March 2020, City Council approved the annexation of what is referred to in the Airport
Area Specific Plan (AASP) as the East Airport Area. The East Airport Area is made up of
33 parcels (23 of which are developed), 58.31 acres of land, is within the AASP, and is
zoned Service Commercial (C-S) throughout. The area is on the east side of Broad Street
opposite of the airport, bounded by Farmhouse Lane and Kendall Road, including Allene
Way, Morabito Place, and Prospect Street. Figure 1 shows the boundaries and
relationship of the proposed expansion areas to the San Luis Obispo Regional Airport.
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Item 6b
RZ-0118-2023
Planning Commission Report – April 12, 2023
Figure 1. Cannabis Business Zone Expansion Boundaries Map
4.3 Compatibility with Allowable Land Use Types
When the Cannabis Business Overlay Zones (CBZs) were initially developed, staff
considered areas of the City with land use types that are appropriate for cannabis
operations, are free of sensitive uses, and have properties that front an arterial street.
Fiero Lane – Clarion Court Area and East Airport Area are consistent with the
considerations used to develop and establish the initial CBZs. Fiero Lane - Clarion Court
area does not meet the zoning requirements for retail storefront permitting because the
Service Commercial parcels in the area do not front an arterial street but is appropriate
for all other cannabis permit types.
Table 1 shows the various cannabis activities permitted by the City, the land use type in
which each of the activities are allowed, and the approval level needed for use permit
issuance as adopted by City Council. The East Airport Area is zoned Service Commercial
(C-S) throughout which allows for all cannabis activities permitted by the City.
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Item 6b
RZ-0118-2023
Planning Commission Report – April 12, 2023
The Fiero Lane – Clarion Court Area is a mixture of Service Commercial (C-S),
Manufacturing (M), and Business Park (BP) zones. These three zones allow for all
permitted cannabis activities except for retail storefront since none of the parcels zoned
Service Commercial (C-S) in the Fiero Lane – Clarion Court Area front an arterial street
as required by the City’s Zoning Regulations.
If the CBZ expansion is approved, any retail storefront or Microbusiness with storefront
activity permitted in the annexed areas would return to Planning Commission for review
and approval prior to issuance of a use permit.
Cannabis Activity Land Use Type
O C-R C-S M BP
Cultivation D D D
Nursery D D D
Manufacturing D D D
Distribution D D D
Microbusiness PC* D/PC* D/PC* D/PC*
Testing Lab PC AA AA AA
Retail (Delivery) D D D
Retail (Storefront) PC PC
AA = Administrative Approval D = Director’s Approval PC = Planning Commission Approval
*Planning Commission Approval required if activity includes retail storefront
Table 1: Cannabis Activities Allowed by Land Use Type
5.0 ENVIRONMENTAL REVIEW
The recommended action was reviewed in accordance with the California Environmental
Quality Act (CEQA) Guidelines and is determined to be exempt from environmental
review pursuant to the “Common Sense” Rule (Section 15061(b)(3)), which exempts
activities that can be seen with certainty to have no possibility for causing a significant
effect on the environment.
The expansion of the Cannabis Business Overlay Zones will not have a significant effect
on the environment because the inclusion does not alter the development standards for
the land use types within the proposed expansion areas. Commercial cannabis operator
permit applications for properties within the expansion areas would be required to comply
with all applicable state and local law, including CEQA compliance or exempt ion.
6.0 OTHER DEPARTMENT COMMENTS
City staff convened a steering committee comprised of representatives from the City
Attorney’s office, Police Department, Finance Department, Community Development
Department, and City Administration. The steering committee reviewed the proposed
expansion and supports the recommendation in this report.
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Planning Commission Report – April 12, 2023
7.0 ALTERNATIVES
1. Recommend the City Council not adopt the recommended CBZ expansion. This
is not recommended as it does not align with the City Council’s overall cannabis goal
to obtain and retain qualified cannabis business operators in the City.
2. Modify the Recommendation. The Planning Commission may modify the
recommended action prior to adoption of the Resolution.
8.0 ATTACHMENTS
A - Draft Resolution recommending Council action to expand the Cannabis Business
Overlay Zones
B - Cannabis Business Overlay Zones City Map
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R ______
RESOLUTION NO. _____ (2023 SERIES)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL INTRODUCE AND ADOPT AN ORDINANCE EXPANDING
THE CANNABIS BUSINESS OVERLAY ZONES (RZ-0118-2023)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo,
California on April 12, 2023, for the purpose of reviewing and making a recommendation
to the City Council of San Luis Obispo to amend the Zoning Map for the Cannabis
Business Overlay Zones; and
WHEREAS, notices of said public hearing were made at the time and in the
manner as required by law; and
WHEREAS, the Planning Commission has duly considered all evidence presented
by City staff and public commentors at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence presented, the Planning
Commission makes the following findings:
a) The amendment to the City’s Zoning Map expanding the Cannabis Business
Overlay Zones to include the Fiero Lane – Clarion Court Area and the East
Airport Area intends to provide more locations that may be appropriate for
commercial cannabis activities to occur, as detailed in Chapter 17.86 and
Chapter 9.10 of the Municipal Code.
SECTION 2. Environmental Review. The recommended actions were reviewed in
accordance with the California Environmental Quality Act (CEQA) Guidelines. The
recommended actions are determined to be exempt from environmental review pursuant
to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption which
exempts activities that can be seen with certainty to have no possibility for causing a
significant effect on the environment. The expansion of the Cannabis Business Overlay
Zones will not have a significant effect on the environment because the expansion does
not alter the underlying base Zones land use types or development standards for those
land use types. Project specific environmental review will be required for any new
commercial cannabis operation located within the East Airport Area and Fiero Lane –
Clarion Court Area as part of the City’s existing permitting processes.
SECTION 3. Recommended actions. The Planning Commission does hereby
recommend the City Council:
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Resolution No. _____ (2023 Series) Page 2
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1) Introduce and adopt an Ordinance amending the Zoning Map to expand the
Cannabis Business Overlay Zones to include the East Airport Area and Fiero
Lane – Clarion Court Areas shown in Exhibit A.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 12th day of April, 2023.
___________________________
Tyler Corey, Secretary
Planning Commission
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Resolution No. _____ (2023 Series) Page 3
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EXHIBIT A
ORDINANCE NO. _____ (2023 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING THE CITY’S ZONING MAP TO
EXPAND THE CANNABIS BUSINESS OVERLAY ZONES WHERE
CANNABIS BUSINESSES MAY BE LOCATED AS MAY BE ALLOWED
OR CONDITIONALLY ALLOWED BY THE UNDERLYING BASE ZONES
AND THE RULES AND REGULATIONS ESTABNLISHED IN THE CITY’S
MUNICIPAL CODE (RZ-0118-2023)
WHEREAS, on September 18, 2018, the City Council of San Luis Obispo
amended the zoning map and designated areas of the City as Cannabis Business Overlay
Zones where commercial cannabis activities may be located and allowed or conditionally
allowed by the underlying base Zones; and
WHEREAS, on November 19, 2019, the City Council of the City of San Luis Obispo
approved the annexation of the properties along Fiero Lane and Clarion Court to the City
of San Luis Obispo; and
WHEREAS, on March 7, 2020, the City Council of the City of San Luis Obispo
approved the annexation of the East Airport Area Properties (East Airport Commerce
Park Association, Senn-Glick) to the City of San Luis Obispo; and
WHEREAS, overlay Zones supplement the base Zones and are used to establish
special use or development regulations for a particular area in addition to the provisions
of the underlying base Zones; and
WHEREAS, the expansion of the Cannabis Business Overlay Zones provides
more locations that may be appropriate for a variety of commercial cannabis activities to
occur in the City; and
WHEREAS, the location of commercial cannabis activities within the Cannabis
Business Overlay Zones are subject to issuance of a land use permit, which is a process
that provides notification for neighboring property owners, businesses, and residents; and
ensures compatibility of uses through the imposition of conditions of approval; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on April 12, 2023 in the Council Chamber of City Hall, 990 Palm Street,
San Luis Obispo, California, for the purpose of considering amending the zoning map to
expand the Cannabis Business Overlay Zones and making a recommendation to the City
Council regarding such an amendment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
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Resolution No. _____ (2023 Series) Page 4
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SECTION 1. Finding. The expansion of the Cannabis Business Overlay Zones
intends to provide more locations that may be appropriate for commercial cannabis
activities to occur, as detailed in Chapter 9.10 and Chapter 17.86 of the City’s Municipal
Code.
SECTION 2. Environmental Review. The proposed expansion of the Cannabis
Business Overlay Zones to include the Fiero Lane – Clarion Court Area and the East
Airport Area was reviewed in accordance with the California Environmental Quality Act
(CEQA) Guidelines. The proposed expansion is d etermined to be exempt from
environmental review pursuant to CEQA Guidelines Section 15061(b)(3), the “Common
Sense” exemption which exempts activities that can be seen with certainty to have no
possibility for causing a significant effect on the environment. The expansion of the
Cannabis Business Overlay Zones will not have a significant effect on the environment
because the expansion does not alter the underlying base Zones land use types or
development standards for those land use types. Project specific environmental review
will be required for any new commercial cannabis operation located within the Fiero Lane
– Clarion Court Area and the East Airport Area as part of the City’s existing permitting
processes.
SECTION 3. Action. The City Council hereby adopts an ordinance amending the
City’s Zoning Map designating properties that will be included in the Cannabis Business
Overlay Zones in nine separate areas of the City as depicted in Exhibit A which is
incorporated herein by reference.
SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or
phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court
of competent jurisdiction, such invalid or unenforceability shall not affect the validity or
enforcement of the remaining provisions of this Ordinance, or any other provisions of the
City’s rules and regulations. It is the City’s express intent that each remaining portion
would have been adopted irrespective of the fact that any one or more subdiv isions,
paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
SECTION 4. Ordinance Number 1653 (2018 Series) is hereby repealed and
replaced.
SECTION 5. A summary of this ordinance, together with the names of the Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, 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 2nd day of May, 2023, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ______, 2023, on the following
vote:
AYES:
NOES:
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Resolution No. _____ (2023 Series) Page 5
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ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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EXHIBIT A
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