HomeMy WebLinkAboutO-1729 repealing and replacing Title 16 (Subdivision Regulations) to adopt a comprehensive update of the Subdivision Regulations (CODE-0155-2023)O 1729
ORDINANCE NO. 1729 (2023 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, REPEALING TITLE 16 (SUBDIVISION
REGULATIONS) OF THE MUNICIPAL CODE IN ITS ENTIRETY AND
INTRODUCING AND ADOPTING A REPLACEMENT TITLE 16 TO
INCLUDE RECOMMENDED UPDATES AND AMENDMENTS AS
REFLECTED IN THE ATTACHED EXHIBIT A (CODE-0155-2023)
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 recommendations
to the City Council of San Luis Obispo for a comprehensive update of the Subdivision
Regulations of the Municipal Code and recommended City Council introduction and
adoption of the recommended updates; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California on May 16, 2023, for the purpose of considering the recommended updates
to the Subdivision Regulations; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
WHEREAS, public outreach by City staff has included direct notification to various
architects, engineers, and developers, distribution of 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, and email
notification to all subscribers interested in City planning and housing issues; and
WHEREAS, the City Council has duly considered public input and the evaluation
and recommendations by staff.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Incorporation of Recitals. The City Council finds that the foregoing
recitals and agenda report presented with this ordinance are true and correct and are
incorporated in the ordinance by this reference and adopted as the findings of the City
Council.
SECTION 2. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The proposed amendments to the Subdivision regulations w ill 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.
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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.
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 3. Environmental Determination. 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 sign ificant
effect on the environment.
The Subdivision Regulations update is consistent with existing General Plan policies,
implementing regulations that govern development standards such 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 4. Action. Ordinance No 1729 (2023 Series) repealing and replacing
Title 16 of the Municipal Code (Subdivision Regulations), as reflected in the attached
Exhibit A, is hereby adopted.
SECTION 5. 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 invalidity or unenforceability shall not affect the validity or
enforcement of the remaining portions of this Ordinance, or any other provisio ns 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 subdivisions , paragraphs,
sentences, clauses, or phrases be declared invalid or unenforceable.
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SECTION 6. Implementation. A summary of this ordinance, together with the
names of Council members voting for and against, shall be published at least five (5) days
prior to its final passage in The 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 16th day of May 2023, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 6th day of June 2023, on the following vote:
AYES: Council Member Francis, Pease, Shoresman, Vice Mayor Marx, and
Mayor Stewart
NOES: None
ABSENT: None
__________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
________________________
Markie Kersten
Assistant 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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CHAPTER 16.02. GENERAL PROVISIONS
Sections:
16.02.010 Title, Authority, Interpretation.
16.02.020 Purpose.
16.02.030 Conformity to General Plan, Specific Plans and Zoning Regulations.
16.02.040 Projects subject to City Subdivision Regulations.
16.02.050 Excluded and Exempt projects.
16.02.060 Processing Fees.
16.02.070 Withdrawal of Tentative Map Applications and Applications Deemed
Inactive.
16.02.080 Effect of Annexation.
16.02.090 Conflict with Public Provisions.
16.02.100 Conflict with Private Provisions.
16.02.110 Actions by Persons with Interest.
16.02.120 Prior Rights and Violations.
16.02.130 Severability, Partial Invalidation of the Subdivision Regulations.
16.02.010 Title, Authority, Interpretation
This chapter describes the authority, purpose, applicability, and other general provisions
of these regulations.
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”.
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.
16.02.020 Purpose.
The 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 Subdivision
Regulations.
Additionally, the regulations codified in this title are adopted for the following purposes:
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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 General Plan 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 instab ility, noise or other hazard;
D. To ensure that proper provision will be made for traffic circulation, public utilities,
facilities, and other improvements within the subdivided land and within the city as
a whole pursuant to the Circulation Element of the Ge neral Plan;
E. To protect and enhance the value of land and improvements and to minimize
conflicts among the uses of land and buildings;
F. To protect potential buyers and inhabitants by establishing standards of design,
and by establishing procedures which ensu re 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 General Plan, Specific Plans and Zoning Regulations.
No land shall be subdivided and developed for any purpose which is not in conformity
with the General Plan and any specific plan of the city or permitted by the Z oning
Regulations or other applicable provisions of the Municipal Code. The type and intensity
of land use as shown on the General Plan shall determine the type of streets, roads,
highways, utilities and public services that shall be provided by the subdiv ider. The
Subdivision Regulations are an implementation tool for General Plan policy. (Ord. 1490
§ 3 (part), 2006)
16.02.040 Projects Subject to City Subdivision Regulations.
These regulations shall apply to any division of land within the city and shall c ontrol the
preparation, processing and approval of all tentative maps, vesting tentative, final maps,
parcel maps, certificates of compliance, lot line adjustments, lot mergers and to other
actions provided for by the Subdivision Map Act. Except as noted i n 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)
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16.02.050 Excluded and Exempt projects.
Projects Not Subject to the Map Act or the Subdivision Regulations. Pursuant to Gov’t
Code Section 66412, the Subdivision Map Act and the Subdivision Regulations do not
apply to the following:
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. 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 por tions 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)
Projects Exempt from the Mapping Requirements. The following are gen erally 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 p roject is subject
to planned development or use permit approval pursuant to the zoning regulations.
16.02.060 Processing Fees.
A fee, established by resolution of the City Council, is required for all applications and
plan checks required or permitted by this title or the Subdivision Map Act. A list of
application fees is available in the Community Development and Public Works
Departments. (Ord. 1490 § 3 (part), 2006)
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16.02.070 Withdrawal of Tentative Map Applications and Applications Deemed
Inactive.
Requests for withdrawal of tentative map subdivision applications shall be submitted in
writing to the Community Development Director. Refunds, if due, will be based on the
amount of work completed at the time of withdrawal request. No refunds will be granted
following publication of the first staff report for the applicable 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 required by staff to comple te 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.
16.02.080 Effect of Annexation.
Any subdivision subject to annexation to the city shall comply with the Subdivision Map
Act and City Subdivision Regulations. (Ord. 1490 § 3 (part), 2006)
16.02.090 Conflict with Public Provisions.
These regulations are not intended to annul any other law or regulation. Where any
provision of these regulations imposes restrictions different from those imposed by any
other provision of these regulations or any other regulation or law, whichever provisions
are more restrictive or impose higher standards shall control. (Ord. 1490 § 3 (part), 2006)
16.02.100 Conflict with Private Provisions.
These regulations are not intended to abrogate any easement, covenant or any other
private agreement or restriction. Where the provisions of these regulations are more
restrictive or impose higher standards, and such private provisions are not inconsistent
with these regulations or determinations thereunder, then such private provisions shall be
operative and supplemental to these regulations. (Ord. 1490 § 3 (part), 2006)
16.02.110 Actions by Persons with Interest.
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 City Council. (Ord. 1490 § 3 (part),
2006)
16.02.120 Prior Rights and Violations
The enactment of the Subdivision Regulations shall not terminate nor otherwise af fect
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.
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16.02.130 – 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 t he
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 adopt ed
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 Council.
16.04.020 Planning Commission.
16.04.030 Community Development Director/subdivision hearing officer.
16.04.040 City Public Works Director.
16.04.050 City Attorney.
16.04.060 City Clerk.
16.04.070 County Recorder.
16.04.005 Purpose of Provisions.
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 Chapte r 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 Council.
A. The City Council shall review and have final authority to approve, conditionally
approve or deny:
1. Subdivision applications that result in or include concurrent review of any
legislative action.
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.
5. Approval of final maps pursuant to 16.14.090
B. Any appeals of action taken by the Planning Commission on subdivisions
governed by these regulations. (Ord. 1490 § 3 (part), 2006)
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16.04.020 Planning Commission.
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 amendm ent 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).
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 de velopment
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 a re 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.
16.04.030 Community Development Director/subdivision hearing officer.
A. The Community Development Director [hereinafter, “the Director”](or designee)
shall review and have the authority to act on:
1. Tentative Parcel maps submitted concurrent with projects subject to the Minor
and Moderate levels of review described in Zoning Regulat ions Section
17.106.030 B. & C. which are not in conjunction with a rezoning, an
amendment to either the zoning regulations or the General Plan, residential
condominium conversion, or any other legislative action and which do not
require Planning Commission or City Council approval.
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
4. Lot line adjustments (16.08.040)
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5. Lot combinations (voluntary mergers -16.08.030).
6. Certificates of compliance and Conditional Certificates of Compliance
(16.08.10).
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.
8. Parcel map waivers (16.08.110)
9. Time extension requests for filing parcel or final maps (16.10.155).
10. Minor amendments to tentative maps (see Section 16.10.160).
11. Urban Lot Splits (16.15)
B. The Director shall be responsible for responding to any notice of violation pursuant
to Section 66499.36 of the Subdivision Map Act.
C. The Director may appoint a Subdivision Hearing Officer to act on any or all of the
subdivision projects within the purview of the Director as authorized by these
Subdivision Regulations.
D. The Director, at his or her sole discretion, may refer subdivision projects within the
purview of the Director to the Planning Commission or City Council for action. (Ord.
1490 § 3 (part), 2006)
E. Review of substantial compliance with approved or conditionally approved
tentative maps and certification of such by signature on the corresponding pa rcel
map or, upon approval by the City Council, final maps to be filed with the County
recorder.
16.04.040 Public Works Director.
A. The City’s Public Works Director (or designee of) shall be responsible for:
1. Developing public improvement design standards and construction details and
specifications for subdivision improvements, consistent with land use
development and conservation goals stated in the General Plan and all
implementing ordinances and guideline documents.
2. Reviewing all subdivision projects to determine if proposed subdivision
improvements comply with the provisions of these and other city regulations
and with the Subdivision Map Act.
3. Recommend to the Community Development Director on whether to certify
parcel and final maps, and reversion to acreage maps.
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.
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B. The City Public Works Director (or designee of) shall make recommendations to
accept, accept subject to improvement, or reject lands and/or improvements as
may be proposed for dedication to the City for minor subd ivisions, and shall so
certify by signature on the parcel map. (Ord. 1490 § 3 (part), 2006)
16.04.050 City Attorney.
The City Attorney shall be responsible for approving as to form all subdivision
improvement agreements, easements, and offers of dedication. The city attorney shall
also review and approve as to form any notice of violation before it is forwarded to the
County Recorder. (Ord. 1490 § 3 (part), 2006)
16.04.060 City Clerk.
The City Clerk shall certify actions taken by the City Council by signatu re on: (A) all
resolutions approving subdivisions acted on by the City Council; and (B) the title sheet of
the parcel or final maps. (Ord. 1490 § 3 (part), 2006)
16.04.070 County Recorder.
The County Recorder is responsible for entering all maps and documents to be recorded
into the official public record. The date of recordation is the date on which a subdivision
is established for purposes of these regulations. The recorder certifies maps as
acceptable for recordation by signature on the title sheet of th e parcel or final map.
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Chapter 16.08. Types of Maps Required
Sections:
16.08.005 Purpose of provisions.
16.08.010 Certificate of Compliance.
16.08.020 Lot Combinations – Voluntary Mergers.
16.08.030 Lot Line Adjustments.
16.08.040 Tentative Tract Maps.
16.08.050 Tentative Parcel Maps.
16.08.060 Vesting Tentative Maps.
16.08.070 Final Maps.
16.08.080 Parcel Maps.
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.
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 volunta rily 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).
16.08.030 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
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unless a Tentative Parcel Map is required pursuant to Section 160.08.050 (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 lots if one of the
following circumstances exists:
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.
16.08.060 Vesting Tentative Maps
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 final maps for projects to construct a Condominium or Community
Apartment Project on a single parcel may be waived pursuant to Chapter 16.14.
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16.08.100 Overview of Required maps.
Map requirements for different types of subdivision projects are summarized in Table 2—
Maps Required for Various Subdivision Projects.
Table 1. 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 map
Tentative Parcel map or
vesting tentative map and
parcel map
See 16.18.040-050 to
determine if a Tentative Parcel
map or Tentative Tract map is
required.
Subdivisions creating
five or more lots or
subdivision types
requiring a final map
Tentative Tract map or
vesting tentative map and
final map
See 16.18.040-050 to
determine if a Tentative Parcel
map or Tentative Tract map is
required
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 16.18.040-050 to
determine if a Tentative Parcel
map or Tentative Tract map is
required
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
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CHAPTER 16.10. TENTATIVE MAPS
Sections:
16.10.005 Purpose of Provisions.
16.10.010 Application Requirement.
16.10.020 Form and Contents.
16.10.030 Submittal to Community Development Department.
16.10.040 Time limits for City Review.
16.10.050 Environmental review.
16.10.060 Notice of public hearing on tentative map.
16.10.070 Staff reports and recommendations.
16.10.080 Public hearings.
16.10.090 Tentative map action—Extension of time.
16.10.100 Submission of revised tentative map.
16.10.110 Required findings for tentative map approval.
16.10.120 Appeal of Director’s or Planning Commission’s action on a tentative map.
16.10.130 Expiration of approved tentative maps.
16.10.135 Time extension for parcel or final maps.
16.10.140 Correction and amendment of approved tentative maps.
16.10.005 Purpose of Provisions.
This chapter describes tentative map application requirements, review procedures, and
required findings for approval or denial. The term “tentative” or “vesting tentative” map is
inclusive of tentative parcel maps and tentative tract maps. Tentative maps are 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 Application Requirement.
The subdivider shall provide the Community Development Department with a completed
application form and all required application checklist items on file in the Community
Development Department for either a Tentative Parcel Map or Tentative Tract Map
submittal.
16.10.020 Form and Contents.
Unless exempted by the Community Development Director, the t entative 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 submittal shall include all
necessary information on the applicable Tentative Parcel Map, Tentative Tract Map, or
Vesting Tentative Map application checklists, and all required submittal information for
any related concurrent entitlement reviews.
16.10.030 Submittal to Community Development Department.
A. Application Acceptance. The tentative map shall be considered for filing only when
the map conforms to Section 16.10.020 and when all accompanying data or
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reports have been submitted and accepted by the Community Development
Department.
B. Determination of Complete Application. Pursuant to Government Code Section
65943, the Community Development Department 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)
16.10.040 Time Limits for City Review.
A. The advisory or legislative body shall review the proposed tentative map within the
time limits specified by applicable provisions of the California Environmental
Quality Act (CEQA), Section 21151.5, and the Subdivision Map Act, Sections
66452.1 and 66452.2 (or as those sections may subsequently be amended), as
follows:
1. If an environmental impact report (EIR) is required, the EIR shall be adopted
within one 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 Director or Planning Commission 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 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)
16.10.050 Environmental review.
A. Environmental Impact Analysis. After determination that a tentative map
application is complete, the Community Development Department shall comply
with the provisions of the California Environmental Quality Act (CEQA) in
accordance with the time periods specified in this Section 16.10.060.B. The
subdivider shall submit such data and information, as re quired by the Director, to
allow a determination on environmental review to be made in compliance with
CEQA.
B. Time Period for Review. Consistent with Public Resources Code Section 21151.5
and subject to extension by mutual consent of the subdivider and the City:
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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.
C. 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.
D. 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 map or
parcel 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)
16.10.060 Notice of public hearing on tentative map.
A. At least ten calendar days before the public hearing, a notice shall be given in the
following manner:
1. Publication, at least once, in a newspaper of general circulation published and
circulated in the city;
2. First class mail to
a. the applicant
b. all owners and occupants of property shown on the latest county
assessment roll as being located within three hundred feet of the
subject property;
c. Owners of other property and local agencies expected to provide
essential facilities or services pursuant to Section 66451.4 of the
Government Code;
d. in the case of a proposed conversion of residential real property to a
condominium, community apartment or stock cooperative project, to
each tenant of the subject property as required by Section 66451.3(b)
of the Government Code;
3. In addition, notice shall be given by first class mail to any person who has filed
a written request with the secretary of the Planning Commission. The request
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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;
4. 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 un its, density, and any other
information which would be relevant to the affected school district. The school
district may review the notice and may send a written report to the Planning
Commission. The report shall indicate the impact of the proposed subdiv ision 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 Commission shall consider the report from the school district in
approving, conditionally approving or denying the tentative map. (Ord. 1490 § 3
(part), 2006)
16.10.070 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)
16.10.080 Public hearings and Timeframes for Action on Tentative Maps.
A. The director, Planning Commission or City Council shall hold a public hearing and
approve, conditionally approve or disapprove the tentative map in writing, within
the timeframes established by Government Code Section 66452.1 and 66452.2,
which action shall then be reported to the subdivider or applicant in writing.
B. In addition, except for applications with a concurrent legislative action, the director,
planning commission or City Council, as applicable pursuant to Chapter 16.04,
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shall approve, conditionally approve, or deny the tentative map application within
the timeframes set forth by the Permit Streamlining Act, including Government
Code Section 65950, 65950.1, 65951, 65952.
C. 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.
16.10.090 Tentative map action—Extension of time.
The time limits set forth above for acting on the tentative map may be extended by mutual
consent of the subdivider and the Hearing Officer, Planning Commission or the City
Council, pursuant to Subdivision Map Act Section 66451.1 and Public Resources Code
Section 21151.5. To do so, the subdivider must expressly agree, in writing or in the record
at a public hearing, to the extension of time. Notwithstanding the foregoing, purs uant to
Government Code Section 65957, the time limit in Section 16.10.080.B may only be
extended upon mutual written agreement of the applicant and the City once for period not
to exceed 90 days from the date of the extension.
16.10.100 Submission of revised tentative map.
Prior to consideration of a tentative map by the Director or Planning Commission, a
revised tentative map may be submitted for consideration. Significant changes may
require additional fees and/or a new application. Changes required by t he City shall not
be considered map revisions. (Ord. 1490 § 3 (part), 2006)
16.10.110 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 General Plan and any applicable specific plan
(Subdivision Map Act, Government Code Section 66473.5).
B. The design of the subdivision provides, to the extent feasible, for future p assive or
natural heating or cooling opportunities in the subdivision (Subdivision Map Act,
Government Code Section 66473.1).
C. That the site is physically suitable for the proposed type of development.
D. That the site is physically suitable for the proposed density of development.
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E. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially injure fish or wildlife or
their habitat or 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 not likely to cause serious public health or safety problems.
G. That the design of the proposed subdivision or the type of proposed improvements
will not 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 Government
Code. The director or city council may approve a tentative map if alternate
easements, for access or for use, will be provided, and these will be substantially
equivalent to the ones previously acquired by the public. This subsection shall
apply only to 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. The effect of its action on the housing needs of the region has been considered
and 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 Government Code
I. 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 agent s,
officers or employees to attach, set aside, void or annul an approval of the City
Council, Planning Commission, or City staff concerning a subdivision. The City
shall promptly notify the subdivider of any claim, action or proceeding and shall
cooperate fully in the defense.
16.10.120 Appeal of Director’s or Planning Commission’s action on a tentative
map.
A. Appeal of Director Decisions. 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
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 appella nt. The Planning
Commission may sustain, modify, reject, or overrule any recommendations or
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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 regula tions.
B. Appeal of Planning Commission Decisions. The subdivider or any other interested
person may appeal the decision of the Planning Commission by filing such appeal
with the city clerk within ten days of said decision. The appeal shall be filed in
writing, stating the basis for the appeal, and be accompanied by any applicable
application and fee. The department shall schedule the appeal for a City Council
hearing within thirty 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 Council may sustain, modify, reject, or overrule any recommendations or
rulings of the Planning Commission and may make such findings as are not
inconsistent with this title, the general plan, the Subdivision Map Act or any other
applicable regulations. (Ord. 1490 § 3 (part), 2006)
16.10.130 Expiration of approved tentative maps.
Pursuant to Government Code Section 6452.6, 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
City 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 City beyond the written
notice of approval, which shall state the expiration date. An extension of the approval time
may be requested pursuant to Section 16.10.155. (Ord. 1490 § 3 (part), 2006)
16.10.135 Time extension for parcel or final maps.
A. The director may extend the time for filing the final subdivision map or parcel map
after an approved tentative map as provided by Government Code Section
66452.6.
B. Applications for extensions shall be made in writing to the Community
Development Department, and submitted together with application fees, prior to
the date of tentative map expiration. The subdivider shall attach a statement of the
reasons for requesting the time extension. Upon submittal of the 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.
D. A subdivider may appeal the director’s action to the City Council. Appeals must be
filed in writing to the city clerk within fifteen days of the director’s action. (Ord. 1490
§ 3 (part), 2006)
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16.10.140 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; 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 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 Consistency requirements and conditional approval of inconsistent
development approval.
16.12.030 Failure to obtain Development Review 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 and implements the Government Code provisions related to vesting tentative maps
as defined in Government Code Section 66424.5 and 66452 and these Subdivision
Regulations.
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
Government Code. (Ord. 1490 § 3 (part), 2006)
16.12.020 Application procedures and requirements.
A. A vesting tentative map application shall not be accepted for processing unless
Development Review approval has been granted, or a complete application for
Development Review approval and plans have been filed for processing
concurrently with the vesting tentative map for all development on lots within the
boundary of the vesting tentative map. When processing Development Review
and a vesting tentative map concurrently, the subdivider may request that the city
defer action on the vesting tentative map application until after final action has
been taken on the Development Review application; provided, that, to the extent
allowed by law, 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.
B. A statement that the intended development of 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, or, if the intended development is inconsistent with the current
zoning and no concurrent rezoning or prezoning application has been filed, a
statement on the map noting that inconsistency.
C. 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)
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16.12.025 Consistency Requirements and Conditional Approval of Inconsistent
Development.
A. Consistency Required. A vesting tentative map shall be consistent with Zoning
Regulations, the General Plan, applicable specific plan or any other applicable City
standards in effect at the time of the vesting tentative map application was deemed
complete.
B. Conditional Approval of Inconsistent Development. Notwithstanding Section
16.12.025.A, if a subdivider files a vesting tentative map for a subdivision whose
intended development is inconsistent with City zoning or planned development
zoning, in effect at the time the application is deemed complete, the City may deny
the vesting tentative map or approve it conditioned on the subdivider, or his or her
designee, obtaining the necessary change in the zoning ordinance or issuance of
a planned development rezoning to eliminate the inconsistency. If a change in the
zoning or issuance of a planned development rezoning is obtained that
subsequently cures the noted inconsistency, the conditionally approved vesting
tentative map shall, notwithstanding Section 16.12.045, confer the vested right to
proceed with the development in substantial compliance with the change in the
zoning or planned development zoning and the map as appro ved. (Ord. 1507
§ 3(8), 2007)
16.12.030 Failure to obtain Development review approval.
Unless exempted as described in Section 16.12.020(A), approval of a vesting tentative
map is contingent upon Development Review 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 Review application, the
subdivider may request that the city defer action on the vesting tentative map application
until after final action has been taken on the Development Review application; provided,
that the subdivider agrees to an extension of any time periods within which the city is
legally required to act on the vesting tentative subdivision map application. (Ord. 1 507
§ 3(10), 2007)
16.12.040 Expiration of Vesting Tentative Map.
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. The approval or conditional approval of a vesting tentative map may be extended
under the provisions of Section 16.10.155, except that the time extension for a
vesting tentative map shall be reviewed for conformance with the city standards in
effect at the time the vesting tentative map application was deemed complete.
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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
vesting tentative map application was deemed complete, consistent with the
Subdivision Map Act, Government Code Sections 66498.1 and 66474.2.
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. If a final map or parcel map is approved, the rights conferred by the vested tentative
map shall remain in effect for the following time periods beyond the recording of
the final map or parcel 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.
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. The subdivider may appeal the director’s deni al of an extension
within fifteen days pursuant to Section 66452.6(g) of the Government Code.
3. Upon submittal of a complete application for a building per mit 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 Recommendation of Public Works Director and action of the Community
Development Director.
16.14.090 Council action on final subdivision maps.
16.14.100 Community Development Director Action on Parcel Maps.
16.14.110 Filing with the County Recorder
16.14.120 Multiple parcel or final maps filed for one tentative map.
16.14.130 Corrections or amendments.
16.14.140 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 tentative parcel map and
a “final map” is generally the recording instrument for tentative tract maps. (Ord. 1490 § 3
(part), 2006)
16.14.010 Application submittal.
The subdivider shall submit the original form of the final map or parcel map, prepared in
accordance with the provisions of this title and the Subdivision Map Act, to the city public
works department before expiration of the tentative map pursuant to 16.10.150, 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 before expiration of tentative map pursuant to Section 10.10.150, 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)
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
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with the Subdivision Map Act and this title. Provided the requirements of Article 2 (Final
Maps) and Article 3 (Parcel Maps) of Chapter 2, Division 2, Title 7 of the Government
Code are met, 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; or 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.
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 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.
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G. Vicinity Map. The final subdivision map shall show the definite location of the
subdivision, particularly in relation to surrounding surveys.
H. Lot Numbering. Lots shall be numbered consecutively beginning with the numeral
“1” and continuing without omission or duplication throughout the entire
subdivision. No prefix or suffix or combination of 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 e ach 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 mo numents 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
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streets by a dedicatory clause conforming to the requirements of the Subdivision
Map Act.
P. Private Streets. Any street or way which is intended to be kept physically closed to
public travel or posted as a private street at all times may be shown as a private
street. Any such private street shown on the map shall be indicated by heavy
dashed lines. Sufficient data shall be shown on each private street to define its
boundaries and to show clearly the portion of each lot within such street. In order
to provide for utility service to individual lots, such streets may be offered and
accepted as public utility easements.
Q. Street Names. The names for streets and highways within the subdivision shall be
shown on the final map spelled out in full and including suffixes such as “road,”
“street,” “avenue,” “place,” “court” or other designations.
R. Watercourses. All watercourses, storm drains and areas subject to inundat ion
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 o n 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)
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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 shall be eighteen inches by twenty -six inches, with a
marginal line drawn on all sides, leaving a one -inch blank margin. The scale shall
be large enough to show all details clearly and enough sheets shall be used to
accomplish this end.
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 parcel 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. 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 by fine dotted line s.
G. Monuments. The map shall show monuments found or set in the manner described
in subsection E of this section.
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)
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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 rec ordation of
the final map, subject to the exceptions and under the conditions set out in Section
66436 of the California Government Code.
D. In the case of parcel or final maps filed for reverting subdivided land to acreage,
the title sheet shall carry a subtitle consisting of the words “a reversion to acreage
of (description as required).”
E. A basis of bearing shall be shown on every map containing a field surve y. 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 City 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 City 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)
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16.14.070 Statements, documents and other data to accompany parcel and
final map.
Note: These documents shall be submitted to the city in electronic (PDF file or other)
format.
A. Improvement Plans. Improvement plans and specifications required by this
chapter along with 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 spe cial 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 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 t he 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
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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, cop ies 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 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)
16.14.080 Action of Public Works Director.
A. Upon receipt of a parcel or final map and accompanying documents, fees and
materials for filing, the City Public Works Director (or designee) shall determine if
they are in substantial conformity with the approved or conditionally approved
tentative map and modifications and conditions made or required by the review
body. If they are found to be complete and in conformance with these and other
applicable regulations, and the required improvements have been installed or an
agreement for installation has been made in accordance with these regulations,
the City Public Works Department shall:
1. For final maps, transmit the map to the City Clerk for placement on the next
available City Council agenda.
2. Recommend the Community Development Director (or designee) certify
approval of the parcel map or final map by signature on the title sheet and
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forward it to the County Recorder for recording, if all of the following findings
can be made:
a. The subdivision shown is substantially the same as it appeared on the
tentative map, 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 City Public Works Department 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
Department need not recommend the Community Development Director certify the
parcel or final map. In such instances, the City Public Works Department shall
forward the parcel or final map to the City Council for further consideration.
D. If the City Public Works Department recommends and the Community
Development Director certify 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. City Council (Ord. 1490 § 3 (part), 2006)
16.14.090 Council action on final maps.
A. At the meeting at which the City Council receives the final map, or at the first
regular meeting thereafter, the City Council shall approve the map if it is in
substantial compliance 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 City Council shall disapprove
it.
B. If the City 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 City Council
approves a map, it shall also accept, accept subject to improvement or rej ect all
offers of dedication. This action shall be certified on the map by the city clerk. (Ord.
1490 § 3 (part), 2006)
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16.14.100 Community Development Director Action on Parcel Maps
The Community Development Director or designee is authorized to approve parcel
maps. The Director shall not deny approval of a parcel map if there is a previously
approved a tentative map for the proposed subdivision and if the Director finds that the
parcel map is in compliance with the requirements of the Subdivision Map Act, this title,
and the approved tentative map.
16.14.110 Filing with the county recorder.
After the City Council approves a final map, or the Community Development Director
approves the parcel map, the City Engineer or designee is authorized to transmit th e map
to the county recorder. (Ord. 1490 § 3 (part), 2006)
16.14.120 Multiple parcel or final maps filed from one tentative map.
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. (Ord. 1490 § 3
(part), 2006)
16.14.130 Corrections or amendments.
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 additional information filed or recorded pursuant to Government
Code Section 66434.2, if the correction does not impose any additional burden
on the present fee owners of the real property and does not alter any right,
title, or interest in the real property reflected o the recorded map; or
7. 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 Government Code
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)
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16.14.140. Waiver of Map Requirements
A. Waiver of Parcel Map Requirement.
1. Parcel maps may be waived pursuant to Section 66428 of the Subdivision Map
Act for the following:
a. Divisions of real property or interests therein created by probate,
eminent domain procedures, partition, or other civil judgments or
decrees.
b. 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.
2. 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 requi rements of these
regulations, other city ordinances, and the Subdivision Map Act.
B. Waiver of Tentative Tract Map and Final Map Requirement for Certain
Condominium and Condominium Apartment Projects
1. The final map and tentative tract map requirement for a pro ject to construct a
Condominium or Community Apartment Project on a single parcel may be
waived pursuant to pursuant to Section 66428(b) of the Government Code.
2. The decision to waive the tentative tract map and final map requirement for a
project to construct a Condominium or Community Apartment Project on a
single parcel shall be made as part of the action taken on the tentative parcel
map application 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.
3. 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 so waived shall be subject to the requirements for a tentative parcel
map and parcel map.
C. General Waiver Provisions
1. The provisions of this section do not apply if the approval of the subdivision
requires discretionary action, rezoning or other legislative action.
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2. A subdivider wishing to request a waiver under this section shall include such
request with his or her application for tentative map approval.
3. A parcel map or final map waiver may be conditioned to provide for the
payment of park land dedication and any other fees generally applied to
subdivision projects.
4. 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 or final 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.
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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.
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. 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 e ither 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 foll owing 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.
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.
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 Se ction 65913.4.
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 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.
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.
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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.
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.
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.
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 on e thousand two
hundred (1,200) square feet.
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.
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.
K. 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 resolution,
along with all applicable objective standards and criteria contained in standard plans
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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 automob ile 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) fe et;
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.
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2. A lot line shall not bisect or be located within four feet of any existing or
proposed structure.
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 u nless 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 un less 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 no t 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
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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.
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.
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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.
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 the Subdivision Map Act 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 city
subdivision standards or with the Subdivision Map Act, the City may issue a
conditional certificate of compliance (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.
1. A certificate of compliance does not ensure that a parcel is developable.. 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. Each separate parcel for which a certificate is
requested shall require a separate application. The 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.
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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 a nd this title.
No Public Notice or Hearing. Public notice and public hearings are not required
for certificates of compliance.
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, the 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 acquisition of
the property.. ().
Appeal. The conditions imposed by the director may be appealed to the
Planning Commission within ten calendar days of the action taken.
2. Recordation and Compliance with Conditions. Upon payment by the applicant
of the appropriate recording fee, and following the e xpiration of the ten-day
appeal period or the City 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 tha t 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 map as described in
Section 16.10.010. Lot line adjustments involving four or fewer existing adjoining
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
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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.
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.
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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.
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
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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 directo r’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)
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 consisten t with recorded
information pertinent to the merger, community development staff shall forward the
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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 City Council after a public hea ring.
A. Initiation of Proceedings (Section 66499.12 of the Subdivision Map Act).
Proceedings for reversions to acreage map may be initiated by either of t he
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 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.
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 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 City Council finds
that:
1. Dedications or offers of dedication to be vacated or abandoned are
unnecessary for present or prospective public purposes; and
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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 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 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 SUBDIVISIONS, FLEXIBLE
LOT DESIGN SUBDIVISIONS, AND CONDOMINIUM CONVERSIONS
Sections:
16.17.010 Purpose.
16.17.020 Airspace Subdivisions, Common Interest Subdivisions, and Flexible Lot
Design Subdivisions.
16.17.030 Flexible Lot Design Subdivisions in the R-1 zone.
16.17.040 Condominium Conversions.
16.17.050 Exceptions to Condominium Conversion Requirements.
16.17.010 Purpose.
The purpose of this Chapter is to prescribe subdivision regulations that apply to the
following development 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 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.
C. Application and Review Requirements. Subdivisions subject to this Chapter shall
be consistent with development projects which have already received Development
Review approval or shall be processed concurrently with a se parate Development
Review application. Subdivisions subject to this Chapter shall not be approved
without Development Review approval pursuant to Section 17.106.030. Tentative
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Parcel map or Tentative Tract map application requirements are determined based
on the number of lots or units and criteria of 16.08.040 & 050.
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 2 (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 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.
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4. 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 2 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 2 (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.
16.17.040 Condominium Conversions.
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 a 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.
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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 consideration. The City Council shall approve, approve
subject to conditions, or deny each conversion applicat ion within the calendar
year which the application was filed.
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.
2. Building Conditions. 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.
3. Utilities 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.
4. 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.
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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, including but not limited to Government Code Section
66427.1 and 66452.18.
D. Process and Procedure.
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. Applications not deemed complete by May 31st
shall be rejected and are not eligible for consideration until the following year if
allocations for conversion are available.
3. Project Ranking. If applications on file at the end of the filing period would , when
approved, convert more dwelling units than allowed under subsection A of this
section, the Planning Commission shall rank the applications according to the
following point criteria:
a. The fractions of tenants not objecting to conversion: deduct 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
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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 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.
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-2 zone, 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 r equired 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.
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.
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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 Commission to add or
deduct up to fifty points.
a. The Planning Commission’s evaluation shall be a recommendation to the City
Council, which may act on conversion projects based on its own findings,
within the numerical limits established under subsection A of this section.
16.17.050. Exceptions to Condominium Conversion Requirements.
Exceptions to the condominium conversion regulations may only be approved by the
City Council under request by the subdivider when in accordance with the findings
noted in 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. City Council 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 design standards.
16.18.090 Access restrictions.
16.18.100 Alleys.
16.18.110 Street names.
16.18.120 Hillside subdivisions.
16.18.130 Location of development.
16.18.140 Agricultural buffers.
16.18.145 Natural resource preservation—Creeks, wetlands and native habitats.
16.18.150 Energy conservation.
16.18.160 Easements for solar access.
16.18.010 Purpose and applicability.
This Chapter establishes standards for the design and layout of divisions of land. These
standards apply to subdivisions and conditional certificates of compliance in addition to
all other applicable requirements of the Municipal Code. The purpose of the standards is
to ensure, through careful site evaluation and design, the creation of new parcels that are
compatible with existing neighborhoods, the natural environment, health and safety of city
residents, and are consistent with the policies of the General Plan and the Community
Design Guidelines. Standards for the physical design of streets and associated public
improvements can be found in the city engineering standards, a document maintained by
the City Public Works Department. Subdivision design principles can be found in Chapter
5.2 of the City’s Community Design Guidelines. (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 wi th
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 loca ted.
Table 2. 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
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Zone Min. Lot Area
(sq. ft.)
Min. Width
(feet)
Min. Depth
(feet)
Min. Street
Frontage (feet)
C-R 9,000 60 100 40
C-T 9,000 60 100 40
C-C 6,000 60 90 40
C-D 3,000 25 50 15
C-S 9,000 60 100 40
M 9,000 60 100 40
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. 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 in 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 be tween 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 including average cross
slope categories of Table 3-1 of the Zoning Regulations.
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 residential 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.
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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 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. Interior lot lines shall 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.
1. No portion of a subdivision shall 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 existi ng or
proposed structure.
3. 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.
D. Lot lines shall not be configured to maximize development capacity that results in
undevelopable area (aside from accommodating site access).
E. Lot lines shall be contiguous with existing zoning boundaries.
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.
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G. No lot shall be divided by a taxing district boundary. City, county, school, other
district, or other taxing agency boundary lines may not divid e a lot. (Ord. 1490 § 3
(part), 2006)
16.18.050 Depth-width relationship.
Lots with a ratio of depth-to-width greater than three shall not be permitted except as
otherwise provided in this title. (Ord. 1490 § 3 (part), 2006)
16.18.060 Deep Lot Subdivision.
A. Purpose. Deep Lot Subdivisions (also referred to as flag lot subdivisions) 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 overlook, encroachment of solar access, and adequate noise
protection and privacy.
C. Deep Lot Subdivisions. Subdivisions subject to this Section shall conform to the
following:
1. The accessway serving the 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).
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. Othe r 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 City Parking and Driveway
Standards and is subject to approval of the Community Development Department
Director based on use, distance, number of parking spaces and/or units served.
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
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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.
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. 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.
Residential 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 Layout and Design Standards.
Street construction specifications, dimensions, and design stan dards can be found in the
city’s engineering standards. The city encourages the use of context -sensitive designs
where appropriate 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.
The circulation and street pattern of the proposed subdivision shall conform to the
Circulation Element of the General Plan, and shall:
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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 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).
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.
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 clea rly
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 Access restrictions.
Dedication of access rights may be required by the city to control acces s from adjoining
property to public streets. Access restrictions shall be clearly shown on the final map.
(Ord. 1490 § 3 (part), 2006)
16.18.100 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)
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16.18.110 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)
16.18.120 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, Section17.70.040. 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 c ity or protected by a perpetual open
space agreement at the option of the city.
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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 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)
16.18.130 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.
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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)
16.18.140 Agricultural buffers.
(Ord. 1490 § 3 (part), 2006)
16.18.145 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 ameni ties.
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)
16.18.150 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 preclude s
desirable lot orientation. (Ord. 1490 § 3 (part), 2006)
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16.18.160 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 con junction
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 c learly
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)
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16.20.020 Required improvements.
Improvements to be installed by the subdivider, in accordance with the subdivision
standards codified in this title, are listed in the city’s engineering standards within the city’s
uniform design criteria.
Required improvements may include, but are not limited to:
A. Full-width street improvements by grading, base preparation and paving including
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. Transit 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 require d, when it is determined that
the amount of water needed for irrigation and the project’s proximity to the recycled
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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, cable television and telephone services for each lot or
condominium unit.
I. Fire hydrants.
J. Streetlights. (Ord. 1501 § 2, 2007)
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 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 City Council. (Ord.
1490 § 3 (part), 2006)
16.20.060 Commencement of improvements.
Prior to the commencement of construction or installation of an y 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)
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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 City 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
16.20.090 Improvements waived.
The City 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.
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b. Evidence shall be submitted within sixty days of the city’s acceptance of the
improvements. Failure to timely submit evidence shall void the
reimbursement agreement.
B. Conditions of Reimbursement Payments. Whenever property develops where:
1. Improvements have been installed by the developer of an adjoining or nearby
property;
2. The improvements directly benefit the property currently being developed;
3. An agreement for reimbursement has been entered into by the city and
developer who installed these improvements;
4. Not more than fifteen years have elapsed since the exe cution 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 cos t 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 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.
B. The improvement agreement shall be complete, subject to City 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
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upon the date of completion of fulfillment of all terms and conditions contained
therein to the satisfaction of the City 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 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 City 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 City 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 operation s
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
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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 City
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)
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 co mpletion or fulfillment of all terms and
conditions of the improvement agreement to the satisfaction of the City 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
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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 performanc e 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 City 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.
B. The City 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 o f 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 t he 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 with in 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)
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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 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 Council. At the time of acceptance, the city shall assume maintenance of the
improvements except as otherwise provided in this chapter, and the city’s standard
specifications. (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 t o
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 approva l
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. 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 City 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
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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 additional land area
would not benefit present and future users of previously established parks; or
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 City 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 City Council may, by resolution, establish additional criteria for determination
and procedures for collection and use of in-lieu fees, including a maximum fee per
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dwelling, to the extent such additional requirements do not con flict 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 City Council shall determine the
amount of land to be dedicated and/or fees to be paid by the subdivider.
B. The land shall be dedicated and the fees shall be paid at the time the final
subdivision map is filed with the city unless the body which approved the
application approves a schedule for deferred dedication, payment of in -lieu fees,
or improvement.
C. Open space covenants for private park or recreation facilities shall be submitted to
the city prior to 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 City 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 exception s to the
standards and requirements of the subdivision regulations, and for appealing decisions
by the director, the city engineer, or the Planning Commission to the City Council. (Ord.
1490 § 3 (part), 2006)
16.23.010 Exception authority.
The Planning Commission or City 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 Commission or 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 Commission 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 Commission, made pursuant to these regulations
may be appealed to the City Council as provided in this Title. The decision of the Council
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 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 Commission are available in the city
clerk’s office. Fees for filing appeals shall be in accordance with the City 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)
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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
denial unless the City Council, for good cause, 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, pursuant to Government Code Section 66499.36. (Ord. 1490 § 3
(part), 2006)
16.24.030 Illegal subdivisions—Permit issuance prohibited.
Pursuant to consistent with Government Code Section 66499.34, 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 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 Nonresidential subdivision.
16.26.270 Path.
16.26.280 Parcel map.
16.26.290 Private road easement.
16.26.300 Remainder.
16.26.310 Reversion to acreage.
16.26.320 Right-of-way.
16.26.330 Roadway.
16.26.340 Slope.
16.26.350 Specific plan.
16.26.360 Stock cooperative.
16.26.370 Street.
16.26.380 Street tree.
16.26.390 Subdivider.
16.26.400 Subdivision.
16.26.410 Subdivision Map Act.
16.26.420 Tentative map.
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16.26.421 Tentative Parcel Map.
16.26.422 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
Commission, as the case may be, which recommends to the City 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 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)
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16.26.060 Average cross slope.
“Average cross slope” means the ratio, expressed as a percentage, of the difference in
elevation to the horizontal distance between two points on the perimeter of the area
whose slope is being determined, with the line along which the slope is being measured
running essentially perpendicular to the contours between the points. (Ord. 1490 § 3
(part), 2006)
16.26.070 Common interest subdivision/condominium.
“Common interest subdivision” includes subdivided lands which include a separ ate
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. “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.
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.
“Condominium conversion” means the conversion of property occupied u nder 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.)
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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 Section 16.17.030.
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 City 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 City of San Luis Obispo. (Ord. 14 90
§ 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)
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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.
“Merger” means the joining of two or more contiguous parce ls of land under one
ownership into one parcel. (Ord. 1490 § 3 (part), 2006)
16.26.260 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)
16.26.270 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)
16.26.280 Parcel map.
“Parcel map” means the recording instrument for a 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)
16.26.290 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)
16.26.300 Remainder.
“Remainder” means that portion of an existing parcel which is not included as part of the
subdivided land. The remainder is not considered 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)
16.26.310 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. (Ord. 1490 § 3 (part), 2006)
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16.26.320 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)
16.26.330 Roadway.
“Roadway” means that portion of a street or alley used or intended to accommodate the
movement of vehicles. (Ord. 1490 § 3 (part), 2006)
16.26.340 Slope.
See Section 16.26.060, Average cross slope. (Ord. 1490 § 3 (part), 2006)
16.26.350 Specific plan.
“Specific plan” means a plan for a designated area of the city. Specific plans are designed
to implement the General Plan and contain more detailed regulations and programs, as
set forth in Sections 65450 - 65457 of the California Government Code. (Ord. 1490 § 3
(part), 2006)
16.26.360 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)
16.26.370 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)
16.26.380 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)
16.26.390 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)
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16.26.400 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.. Property shall be
considered as contiguous units, even if it is separated by roads, str eets, utility
easements or railroad rights-of-way. “Subdivision” includes a condominium
project as defined in Section 4125 or 6542 of the Civil Code, a community
apartment project as defined in Section 4105 of the Civil Code or the conversion
of five or more existing dwelling units to a stock cooperative, as defined in Section
4190 or 6566 of the Civil Code. (Ord. 1490 § 3 (part), 2006)
16.26.410 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)
16.26.420 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 as def ined in
Government Code Section 66424.5. Tentative maps are the map category that includes
Tentative Parcel Maps, Tentative Tract Maps, and Vesting Tentative Maps. (Ord. 1490
§ 3 (part), 2006)
16.26.430 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.
16.26.431 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 as defined
in Government Code Section 66424.5 and 66452. The vesting tentative map conveys
development rights for subdivisions according to Chapter 16.12. (Ord. 1490 § 3 (part),
2006)
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