§ 17.06

This chapter establishes requirements for the preparation and filing of tentative maps, consistent with the requirements of the Act.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Whenever a tentative map is required to be filed pursuant to the Act or this title, such map shall be filed with the director and approved in accordance with the provisions of the Act and this title (Title 17) prior to the submission for approval of a final map.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

17.06.030 - Filing and processing requirements.

A.

Submission of Tentative Maps.

1.

The subdivider is strongly encouraged to confer with planning and engineering staff before preparing and submitting a tentative map.

2.

Submission of a tentative map shall not constitute a complete filing with the city until all attachments and required statements, instructions, environmental forms, environmental clearances and a completed application form with appropriate fees are deposited with the department and a written receipt is provided to the applicant. Included with the application shall be a signed statement indicating whether the project site is located on a site included on any of the local lists prepared by the California Integrated Waste Management Board in compliance with Government Code Sections 65962.5(d) and (f).

The subdivider shall file with the department the number of tentative maps the director shall deem necessary, together with a certified copy of the current ownership title deed to the land proposed to be divided.

4.

Failure to submit all materials and statements required by this section, as well as any other information deemed necessary for processing by the director, shall constitute an incomplete application.

B.

Prepared by Civil Engineer or Surveyor. Tentative maps shall be prepared by or under the direction of a registered California civil engineer or a California licensed surveyor in good standing.

C.

Maps to Be Clearly Drawn. Tentative maps shall be clearly and legibly drawn on one sheet, with additional sheets acceptable to show required information.

1.

Whenever practicable, map sheets should be no less than eighteen inches by twenty-six inches with modification in map sheet size permissible when necessary to adequately show the subdivision. A one-inch margin shall be left between the trim line and the borderline.

2.

The maps shall be prepared at a readable scale, but in no case shall the scale be less than one inch equals one hundred feet or a scale as request by the city.

3.

Tentative maps shall contain, at a minimum, all of the following information, as well as any additional information that may be specified in the application form or by the director (in writing):

a.

A title, which shall contain the subdivision number, subdivision name and type of subdivision;

b.

Name and address of the current legal owner(s), the subdivider and person preparing the map, including their registration or license number;

c.

A sufficient legal description to define the boundary of the proposed subdivision;

d.

Date, north arrow, scale, contour intervals and source and date of existing contours;

e.

A description of the existing and proposed land use(s) and the zoning and general plan land use designation of the property;

f.

Existing Conditions. Existing conditions of the proposed site and at least one hundred feet beyond its boundaries, including but not limited to all of the following:

i.

Existing topography with contours at one-foot intervals, or as required by the city engineer or director;

ii.

The approximate location of all existing trees standing within the boundaries of the division of land and a clear indication as to which trees are to be removed. The location of all trees with a diameter greater than six inches, measured at breast height, shall be clearly indicated and a statement on the existing ground cover shall also be submitted;

iii.

The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked;

iv.

The approximate location of all areas subject to inundation or storm water overflow and the direction, location and width of flow of each water course;

v.

The grade, location, pavement and right-of-way width and name of existing streets or highways;

vi.

The identity, location and widths of all existing easements;

vii.

The location and size of existing sanitary sewers, storm drains and water mains and the approximate slope of existing sewers and storm drains shall be clearly indicated. The location of existing overhead and underground utility lines on peripheral streets shall be clearly indicated; and

viii.

The pad elevations of all structures located on the surrounding properties adjacent to the subdivision; and

ix.

The location, type and height of all perimeter fencing adjacent to the subdivision.

g.

Proposed Improvements. Proposed improvements required to be shown shall include, but not be limited to, all of the following:

i.

The grade, location, centerline and curb return radii and arc length of curves, pavement, right-of-way width and names of all proposed adjacent streets;

ii.

Typical sections of all existing and proposed streets;

iii.

The location, nature and width of all easements;

iv.

The approximate parcel layout and the approximate dimensions of each parcel and of each building site. Engineering data shall show the approximate finished grade of each parcel;

v.

Location and nature of all proposed recreation facility lots, if applicable;

vi.

Location and nature of all proposed common private open space lots and lots to be dedicated for public open space;

vii.

The elevation, location and size of proposed sanitary sewers, storm drains and water mains;

viii.

Location and nature of all proposed slopes;

ix.

Phasing lines if phasing of development is proposed

x.

All proposed finished grades and pad grades for the new lots;

xi.

All property dedications and street improvements;

xii.

All swales and storm drains;

xiii.

The direction and flow of on-site water drainage;

xiv.

All existing street grades as well as the existing street grades that will serve the subdivision; and,

xv.

Any or all known existing or abandoned oil wells, pipelines, tanks, etc. above and below ground.

4.

The director and/or city engineer may require additional information deemed necessary be added to the tentative map.

D.

Required Findings for Approval. No tentative map shall be approved unless the planning commission or other approval authority makes all of the following findings:

1.

That the proposed map is consistent with the general plan, applicable specific plans and Whittier Municipal Code requirements.

2.

The design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

3.

That the site is physically suitable for the type of development proposed.

4.

That the site is physically suitable for the proposed density of development.

5.

The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage, or substantially injure fish or wildlife or their habitat.

The requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) have been satisfied.

7.

The design of the subdivision or type of improvements is unlikely to cause serious public health problems.

8.

The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for the access through or use of property within the proposed subdivision

9.

Any discharge of waste from the proposed subdivision into an existing sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board, Los Angeles Region, pursuant to Division 7 of the Water Code of the State of California.

10.

The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, taking into consideration local climate, contour, configuration of the parcel to be divided, and other design and improvement requirements.

Additional Findings for Properties Located within the Very High Fire Hazard Severity Zones

11.

The subdivision is consistent with regulations adopted by the state board of forestry and fire protection (CAL FIRE) as meeting or exceeding the state regulations.

12.

Structural fire protection and suppression services will be available for the subdivision through either county, city, special district, political subdivision of the state, another entity organized solely to provide fire protection services that is monitored and funded by a county or other public entity, or the department of forestry and fire protection (CAL FIRE) by contract.

E.

Reports and Other Required Materials. The tentative map also shall be accompanied by the required number of copies of reports and written statements from the subdivider giving essential information regarding all of the following matters:

1.

A description of the project scope;

A vicinity map showing data sufficient to locate the proposed subdivision and its relation to the community and existing cross streets;

3.

Source of water supply;

4.

Type of street improvements and utilities which the subdivider proposes to install;

5.

Proposed method of sewage disposal and a sewer study, if required by the city engineer, prepared by a registered civil engineer;

6.

Proposed stormwater sewer or other means of drainage (grade and size);

7.

Protective covenants to be recorded;

8.

A geological and/or geotechnical report, if required by the City Engineer, prepared by a licensed geologist, registered civil engineer and/or geotechnical engineer, stating the effect of geological or soil conditions on the proposed development;

9.

New and existing public and private easements that are within the subdivision or are impacted by the subdivision. All easement holders shall be identified on the tentative map.

10.

An environmental initial study checklist and/or assessment as determined by the director; and

11.

For all condominiums, stock cooperatives, and planned unit developments, a site plan shall be submitted with the tentative map. The site plan shall contain all of the information required for design review in compliance with Chapter 18.56 (Development Review).

F.

Name(s) of Any Geologist or Geotechnical Engineer. The name(s) of any geologist or geotechnical engineer whose services were utilized in the preparation of the design of the tentative map.

G.

Additional Data and Reports Required. Tentative maps shall be accompanied, at a minimum, by the following data or reports, as well as any additional data and reports that may be required by the director to facilitate review of the tentative map:

1.

Title Report. A preliminary title report dated no older than within sixty days of the filing date of the tentative map.

2.

Owner's Affidavit. Written verification that the fee owner(s) of the real property have consented to the filing of the tentative map.

H.

Referral to Affected Agencies

1.

Required Referrals. The Director shall refer a tentative map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, city agencies and departments, local agencies, public utilities, special districts and state agencies.

2.

Anticipated Type of Response. The agencies that receive a tentative map application are expected to respond to the director with an evaluation of the proposal, a list of items (e.g., hydrology study, title report, traffic study, etc.) that may need to be filed and considered during the evaluation phase, and a list of proposed conditions of tentative map approval.

3.

Time Limits for Referral and Response.

a.

As required by Government Code Sections 66453 through 66455.7, referral shall occur within five days of the tentative map application being determined to be complete.

b.

An agency wishing to respond to a referral shall provide the city with its recommendations within fifteen days after receiving the tentative map application.

I.

Environmental Review.

The director, upon receipt of a tentative map application, shall conduct an environmental analysis, and determine the appropriate environmental documentation.

2.

The application for tentative map approval shall not be considered until the environmental documentation has been completed.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

17.06.040 - Notices and hearings.

A.

Applicable Review Authority. The applicable review authority is set forth in Table 17-1.

B.

Scheduling of Review Authority's Action. The review authority shall approve, conditionally approve, or deny a tentative parcel, tract map or vesting map application within sixty days from the date of adoption by the lead agency of a negative declaration, mitigated negative declaration, or determination that the project is complete for processing and exempt from CEQA, or if an environmental impact report is required, within one hundred eighty days after certification of the final environmental impact report.

C.

Notice and Public Hearing Required.

1.

The review authority shall hold a noticed public hearing on a tentative parcel map, tentative tract map or vesting tentative map.

2.

Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Government Code Sections 66410 et seq.

D.

Review Authority's Action is Conclusive. In the absence of a timely filed written appeal, the decision of the review authority shall be final and conclusive.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The subdivider or any interested person who believe they are adversely affected by a decision with respect to a tentative parcel, tract map, vesting map, or amendment to a map may appeal the decision, in compliance with the applicable appeals procedures specified in Government Code Section 66452.5 and as follows:

A.

If the planning commission is the review authority, then the appeal shall be to the council which is established as the appeals board;

B.

If the review authority is not the planning commission, then the first appeal shall be to the planning commission. The planning commission's decision may be appealed to the council.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The approval of a tentative map shall become effective for the purposes of filing a final tract or parcel map, including compliance with the conditions of approval, thirty days following the date of decision by the applicable review authority in compliance with Government Code Section 66452.5, if no appeal is filed.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Purpose. It is the purpose of this section to establish procedures necessary for the implementation of the provisions of the Act relating to vesting tentative maps.

B.

Application. Vesting tentative maps shall apply only to residential zoned properties. Whenever a provision of the Act as this chapter requires the filing of a tentative map or tentative parcel map for a residential development, a vesting tentative map may instead be filed.

C.

Expiration. 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 the Act and/or this chapter for the expiration of the approval or conditional approval of a tentative map.

D.

Vesting on Approval of Vesting Tentative Map. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in accordance with Section 66474.2 of the Act.

E.

Vesting Rights Conferred. However, if Section 66474.2 of the Act is repealed, the approval or conditional approval of a vesting tentative map shall be deemed to have conferred a vested right to proceed with

development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

F.

Vesting Rights Expiration. The vested rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in this chapter. If the final map is approved, the vested rights shall last for the following periods of time:

1.

An initial time period of two years;

2.

A subdivider may apply for a twelve-month extension thirty days before expiration in compliance with Subsection C (Expiration) above.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

17.06.080 - Tentative map expiration and extensions.

A.

Valid Timeframe. An approved tentative parcel or tract map is valid for twenty-four months after its effective date, except as otherwise provided by Government Code Section 66452.6, which, under specified circumstances, allows for a tentative map to be deemed valid for thirty-six months unless otherwise extended in accordance with the provisions of this title and the Act.

B.

Filing of Extension Request

1.

The time limits for acting on maps and associated appeals, as specified in this title and Government Code Sections 66410 et seq., may be extended by mutual consent of the subdivider and the applicable review authority.

2.

An extension request shall be in writing and shall be filed with the director not less than thirty days before the date of expiration of the approval or previous extension, together with the required filing fee in compliance with the planning fee schedule.

C.

Expiration of an Approved Map.

1.

Expiration of an approved tentative parcel or tract map or vesting tentative map shall terminate all proceedings.

2.

The application shall not be reactivated unless a new tentative parcel or tract map application is filed in compliance with this title.

D.

Approval of a Time Extension—Director. The director may grant one year extension to the initial time limit, only after first finding all of the following:

1.

There have been no changes to the provisions of the general plan, any applicable specific plan, or this subdivision ordinance applicable to the project since the approval of the tentative parcel or tract map;

2.

There have been no changes in the character of the site or its surroundings that affect how the policies of the general plan, any applicable specific plan, or other standards of this subdivision ordinance apply to the project; and

3.

There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project.

E.

Appeal of Decision. If the tentative map extension request is denied, the subdivider may appeal the denial within thirty days after the effective date of the denial of the extension.

F.

Filing of a Lawsuit.

1.

If a lawsuit has been filed and is pending in a court of competent jurisdiction affecting the validity of the approval or conditional approval of a tentative parcel or tract map, the subdivider may apply to the city within ten days of the service of the initial petition or complaint upon the city for a stay of the time in which a tentative parcel or tract map will expire.

2.

Within forty days after receiving the request, the director shall stay the map's expiration date until final conclusion of the action, if the director determines that the action affects the validity of the tentative parcel

or tract map approval.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

Minor Changes to Approved Tentative Maps—Planning Commission. A subdivider may request minor changes or amendments to an approved tentative parcel or tract map or its conditions of approval before recordation of a final map in compliance with this section. Changes to a parcel or final map after recordation are subject to Section 17.08.050 (Correction and Amendment of Recorded Maps).

B.

Minor Changes Defined. Minor changes or amendments to an approved tentative parcel or tract map that may be requested by a subdivider in compliance with this section include minor adjustments to the location of proposed parcel lines and improvements that are more extensive than can be determined to be in substantial compliance with the original approval, and reductions in the number of approved parcels (but no increase in the number of approved parcels), and any changes to the conditions of approval, consistent with the findings required by Subsection G. (Required Findings for Approval), below.

C.

Changes Other Than Minor Changes. All proposed changes or amendments not covered by this section shall require the filing and processing of a new tentative parcel or tract map in compliance with this chapter.

D.

Application for Minor Changes. The subdivider shall file an application and filing fee, as established by city council, with the director, using the forms furnished by the city, together with the following additional information:

1.

A statement identifying the tentative parcel or tract map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes;

2.

Any additional information deemed appropriate by the director.

E.

Processing of Application. Proposed changes to an approved tentative parcel or tract map or conditions of approval shall be processed using the same procedures as the original tentative parcel or tract map, except as otherwise provided by this section.

F.

Review Authority. The planning commission shall be the review authority for reviewing and either approving or denying minor changes to approved tentative maps.

G.

Required Findings for Approval. The planning commission may approve minor changes or amendments to an approved tentative parcel or tract map or its conditions of approval if the planning commission first finds all of the following findings to be true, and that all of the applicable findings for approval required by Subsections 17.06.090.A. and B., above, can still be made:

1.

No parcels are added, deleted, or substantially altered;

2.

Modifications do not substantially alter proposed locations for future structures.

3.

The changes are consistent with the intent and spirit of the original tentative parcel or tract map approval; and

4.

There are no resulting violations of this title, or other applicable laws.

H.

Effect of Changes on Time Limits. Approved changes to a tentative parcel or tract map or conditions of approval shall not be considered approval of a new tentative map and shall not extend the time limits provided by Section 17.06.080 (Tentative Map Expiration and Extensions), above, nor extend any right(s) in compliance with a vesting tentative map.

I.

Recording of Amendments. Minor changes or amendments shall be indicated on the approved map and certified by the director.

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

The city shall ministerially approve a parcel map for the split of a single-family residential lot into two parcels if the following requirements are met, in addition to the requirements of Section 17.06.110:

A.

Zoned Single Family. The property is located within a single-family residential zone. Single-family residential zones include R-1 (single-family residential zone), R-E (single-family residential estate zone) and H-R (hillside residential zone).

B.

Two Parcels Maximum. The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than forty percent of the lot area of the original parcel.

C.

Lots at Least One Thousand Two Hundred Square Feet. Both newly created parcels are no smaller than one thousand two hundred square feet.

D.

Not on Prohibited Land. The property is not located in any of the following areas and does not fall within any of the following categories:

1.

Historic. Designated Historic District or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated as a city landmark or listed as an eligible landmark pursuant to Chapter 18.84.

2.

Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).

3.

Wetlands. Wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

4.

Fire Zone. A very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

5.

Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

Flood Zone. Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

7.

Floodway. Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

8.

Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan

9.

Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 USC Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

10.

Conservation Easement. Lands under a conservation easement.

E.

Prohibitions. The proposed lot split shall not:

1.

Affordable Housing. Require demolition or alteration of any 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.

2.

Rental Units. Require demolition or alteration of any housing that has been occupied by a tenant in the last three years.

3.

Rent Control. Require demolition or alteration of any housing that has been subject to any form of rent or price control by the city.

4.

Two Unit. Create more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units.

5.

Owners' Rights. A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date of the application.

(Ord. No. 3168, § 3(Exh. A), 9-23-25)

17.06.110 - Urban Lot Split—Exceptions.

No urban lot split shall be approved if either of the following:

A.

Any involved parcel has been created pursuant to an urban lot split in accordance with Sections 17.06.100 and 17.06.110.

B.

Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel pursuant to Sections 17.06.100 and 17.06.110. For purposes of this section, it will be assumed that where a lot owner purchased the property from an adjacent owner who subdivided their property pursuant to this division within five years of the lot split, the owner is acting in concert with the then owner of the adjacent lot. However, acting in concert is not limited to this situation.

(Ord. No. 3168, § 3(Exh. A), 9-23-25)

17.06.120 - Urban Lot Split—Standards and Requirements.

An urban lot split pursuant to section 17.06.100 shall comply with the following requirements:

A.

Map Compliance. The lot split shall conform to all applicable objective requirements of the Subdivision Map Act and Title 17 of the Municipal Code, except as the same are modified by this section.

B.

Setbacks.

1.

No setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

Except for those circumstances described in subsection 1 above, the required minimum setback for side and rear lot lines shall be four feet. The required minimum front setback shall be as set forth in the applicable single-family residential zone.

C.

Easements. The applicant shall provide easements for the provision of public services and facilities as required. However, the city shall not require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map.

D.

Street Access. All lots shall have access to, provide access to, or adjoin the public right-of-way with the minimum width as required under Section 18.48.070 D of this code.

E.

Parking. One off-street parking space shall be required per unit on each parcel created, except that no such parking requirements shall be imposed in either of the following circumstances:

1.

The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or

2.

There is a car share vehicle located within one block of the property.

F.

Eight hundred square foot units. The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on each of the resulting parcels or that would result in a unit size of less than eight hundred square feet.

i.

The applicant shall submit a conceptual site plan demonstrating compliance with the development standards of this chapter.

G.

Non-Conforming. The city shall not require the correction of site conditions which are non-conforming with zoning provisions as a requirement for the urban lot split.

H.

Connected Structures. The city shall not reject an application solely because it proposes adjacent or connected structure provided that the structures meet building code safety standards and are sufficient to

allow a separate conveyance.

I.

Affidavit. An applicant for an urban lot split under Section 17.06.100 and this Section 17.06.110 shall sign an affidavit in a form approved by the city attorney to be recorded against the property, applicable to each future parcel or unit, stating the following:

1.

That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation," as the same are defined in the Revenue and Taxation Code.

2.

That the on-site uses shall be limited to residential uses.

3.

That any rental of any unit created by the lot split shall be for a minimum of thirty-one days. Short-term rentals (STRs) are not allowed.

4.

That the maximum number of units to be allowed on each parcel is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, and junior accessory dwelling units.

5.

That the parcels are subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.

6.

That prohibits the separate fee interest conveyance of any unit on the parcel.

J.

The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

K.

Process.

An application pursuant to this section shall be considered and approved or denied within sixty days from the date the city receives a completed application. If the city has not approved or denied the completed application within sixty days, the application shall be deemed approved.

2.

If the city denies an application under this section, the city shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(Ord. No. 3168, § 3(Exh. A), 9-23-25)

Chapter 17.08 - FINAL TRACT MAPS AND PARCEL MAPS