§ 16.04

The ordinance codified in this title shall be known as the "subdivision ordinance."

(Ord. 122 §1.00, 1976).

16.04.020 - Purpose of provisions.

This title is adopted to preserve, protect and promote the public health, safety, convenience, prosperity and general welfare More specifically this title is adopted in order to achieve the following objectives:

A.

To implement the general plan of the city and elements thereof, as adopted by the city council;

B.

To provide lots of sufficient size and appropriate design for the purposes for which they are to be used;

C.

To provide streets of adequate capacity for the anticipated traffic which would utilize them to ensure that they are designed to promote a safe traffic circulation system;

D.

To accommodate new development in a manner which will preserve and enhance the city's living environment through skilled subdivision design;

E.

To provide for water supply, sewage disposal, storm drainage and other utilities and facilities which are required by conditions of an urban environment;

F.

To ensure that the cost of providing rights-of-way, street improvements, utilities and public areas and facilities needed to serve new developments are borne fairly and equitably by the subdivider rather than the property owners of the city at large;

G.

To protect and enhance real property values.

(Ord. 122 §1.10, 1976).

Pursuant to the provisions of the Subdivision Map Act of the state, being Division 2 of Title 7 (commencing with Section 66410) of the Government Code, referred to in this title as the Map Act, and in addition to any other regulations provided by law, the regulations in this title shall apply to all subdivisions and parcel maps or parts of subdivisions and parcel maps or divisions of land within the limits of the city. The provisions of this title are supplemental to the provisions of the Map Act and, except as otherwise provided, all terms used in this title which are defined in the Map Act shall have the same meaning as described in the Map Act, and as the Map Act may hereafter be amended.

(Ord. 122 §1.20, 1976).

For the purposes of this title, certain words and terms used in this title are defined as follows:

A.

"Alley" means a public way permanently dedicated or reserved as a secondary means of access to abutting property.

B.

"Advisory agency" means as follows: the city planner in consultation with the city engineer shall be the official body charged with the review, investigation, reports and action for certificate of compliance, lot line adjustments, parcel mergers, and parcel maps; the planning commission shall be the official body charged with the duty of making investigations and reports on the design and improvements of proposed divisions of real property, tract maps, development agreements, and the imposing of requirements or conditions thereon. The city council shall have the final authority to approve, conditionally approve, or disapprove maps, tract maps, and development agreements.

C.

"Certificate of compliance" means the certificate of compliance described in Section 66499.35 of the Map Act.

D.

"City improvement standards" means the standard drawings, details and specifications established by recommendation of the planning commission and adopted by resolution of the city council pertaining to the design and installation of subdivision improvements.

E.

"Commission" means the planning commission of the city.

F.

"Parcel created" means a parcel or lot which is created by the subdivision of an original parcel including the remainder of the original parcel.

G.

Streets and highways:

1.

"Collector street" means a street which does or which will, because of its design and location with reference to other streets, be used to carry traffic from local streets to secondary streets or in certain circumstances to the major street system.

2.

"Cul-de-sac" means a street having only one outlet for vehicular traffic with a turnaround at the opposite end which is not intended to be extended or continued to serve future subdivisions or adjacent lands,

3.

"Local street" means a street which, because of its design and location with respect to other streets, is used primarily for access to the abutting properties,

4.

"Major street" or "highway" means a street designed or intended as a major street or a county-city primary street on the general plan or an element thereof which, because of its design and location with respect to other streets and other sources of traffic, is used or designed to carry relatively heavy volumes of traffic through the urban area or between the urban areas.

5.

"Secondary street" or "highway" means a Street designed or intended as a secondary street on the general plan or an element thereof which, because of its location with respect to other streets and other sources of traffic, is used or designed to carry moderate volumes of traffic between portions of the urban area or between major streets.

6.

"Stubbed streets" means a street having only one outlet for vehicular traffic and which is intended to be extended or continued to serve future subdivisions or adjacent land.

H.

"Tentative map" means the tentative maps required by this title to he filed for all proposed subdivisions. When the term "tentative parcel map" is used in this title it shall refer to the tentative map required for divisions of land falling within subsections a, b, c, and d, of Section 66426 of the Map Act and for division of land into four (4) or less parcels. When the term tentative subdivision map is used, it shall refer to the tentative map required for divisions of land creating five or more parcels except in cases provided for in subsections a, b, c, and d of Section 66426 of the Map Act.

I.

"Vesting tentative map" shall mean a tentative map for any subdivision that shall have printed conspicuously on its face the words vesting tentative map at the time it is filed in accordance with this chapter.

(Ord. 122 §2.00, 1976).

(Ord. No. 480, § 2, 4-26-2022)

16.04.050 - Planning commission/city planner and staff responsibility.

The city planner in consultation with the city engineer shall review, make investigations and reports for certificate of compliance, lot line adjustments, parcel mergers, and parcel maps and shall have the authority to act on same.

The planning commission shall make investigations and reports on the design and improvement of any proposed division of real property for which tentative maps are to be filed, and shall have the authority to impose requirements and conditions upon such division of land, excepting therefrom those duties which have been expressly granted to city planner.

The city planner and city engineer shall advise and assist in making investigations and reports on all tentative maps.

(Ord. 122 §3.00, 1976).

(Ord. No. 480, § 2, 4-26-2022)

Fees for filing, checking and processing of any map or any other papers, maps, diagrams or documents required under this title, fees for preparation and filing of any certificate of compliance, and fees for any appeal authorized under this title shall be in the amount prescribed by resolution of the city council.

(Ord. 122 §3.05, 1976).

Except where required by the Map Act, the city planner in consultation with the city engineer may waive the requirements of submission of a parcel map for approval if the city planner makes a determination as promulgated in (b)(1), (2), or (3) of this chapter.

A.

An application for waiver of the requirement of a parcel map shall be filed with the city upon such forms as prescribed by the city planner in consultation with the city engineer. The filing of such application shall be accompanied with payment of a filing fee as established by resolution of the city council.

B.

An application for waiver of the requirement of a parcel map shall be acted upon by the city planner in consultation with the city engineer within twenty (20) days after its filing, unless such time is extended by agreement with the applicant. The city shall by written instrument approve or conditionally approve the application for waiver if it is determined that:

1.

The requirement of a final parcel map would serve no substantial public purpose, and if it also finds that such division complies with requirements as to improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection;

2.

The requirement of a parcel map will create an undue hardship and the absence of survey data will not be detrimental to future owners of the lots created, of an abundance of survey data exists of record such that the survey and preparation of the parcel map is an unnecessary expense, and the parcels can be reconveyed by metes and bounds descriptions; and

The city planner has made a finding that the proposed subdivision complies with the requirements of the Subdivision Map Act and this division as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and this division.

Any requirements for the construction of reasonable off-site and on-site improvements for a lot being created by the proposed division of land shall be set forth in the instrument approving the application of waiver.

C.

In the case of waiver, the city planner shall issue a certificate of compliance under Section 66499.35 of the Map Act. The instrument of Waiver shall be duly acknowledged, and the city shall arrange for recordation pursuant to Government Code Section 66411.1.

D.

Within ten (10) days after denial of any application for waiver by the city planner in consultation with the city engineer, a subdivider may appeal to the city council.

(Ord. 122 §3.10, 1976).

(Ord. No. 480, § 2, 4-26-2022)

16.04.080 - Tentative map—Required—Waiver.

A tentative parcel map shall be required for all subdivisions unless waived pursuant to the procedures of 16.04.070.

(Ord. 122 §3,15, 1976).

(Ord. No. 480, § 2, 4-26-2022)

16.04.090 - Tentative Map—Expiration and extension.

A.

Expiration and extensions.

1.

An approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790.00) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by forty-eight (48) months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten (10) years

from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by article 2.5 (commencing with section 65864) of chapter 4 of division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency, either the city planner, planning commission or city council, at the time of the approval or conditional approval of the tentative map.

2.

Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790.00) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the state allocation board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.

3.

"Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

B.

Time extensions:

1.

The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (E), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five (5) years.

2.

The length of time specified in paragraph (1) shall be extended for up to three (3) years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.

3.

Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.

C.

Lawsuits delay period of time: The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (E), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within forty (40) days after receiving the application, the local agency shall either stay the time period for up to five (5) years or deny the requested stay. The applicant shall submit documentation in written form to the city council which provides documentation in support of the requested stay. The applicant shall pay all costs in reviewing the request. The city council, upon receipt of the written request, after review and investigation, may either grant or deny the request of the applicant.

D.

Termination of all proceedings: The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the advisory body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.

E.

Maximum six (6) year extension: Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (A) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six (6) years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision A. Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal to the legislative body within fifteen (15) days after the advisory agency has denied the extension. Request of an extension must be submitted in writing, filed at least thirty (30) days prior to the expiration date, and submit fees as may be adopted by the city council from time to time.

F.

Moratorium—Additional time period: For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:

The condition was one that, by its nature, necessitated action by the city and the city either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map.

(Ord. 122 §3.20, 1976).

(Ord. No. 491, § 3, 4-23-2024)

16.04.095 - Tentative parcel map—Expiration and extension.

A.

Expiration and extensions.

1.

An approved or conditionally approved tentative parcel map shall expire twenty-four (24) months after its approval or conditional approval. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790.00) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by forty-eight (48) months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten (10) years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by article 2.5 (commencing with section 65864) of chapter 4 of division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency, either the city planner, planning commission or city council, at the time of the approval or conditional approval of the tentative map.

2.

Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790.00) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the state allocation board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.

3.

"Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

B.

Time extension:

1.

The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five (5) years.

2.

The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.

3.

Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of the moratorium.

C.

Lawsuits delay period of time: The period of time specified in subdivision (A), including any extension thereof granted pursuant to subdivision (E), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within forty (40) days after receiving the application, the local agency shall either stay the time period for up to five (5) years or deny the requested stay. The applicant shall submit documentation in written form to the city council which provides documentation in support of the requested stay. The applicant shall pay all costs in reviewing the request. The city council, upon receipt of the written request, after review and investigation, may either grant or deny the request of the applicant.

D.

Termination of all proceedings: The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the advisory body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.

E.

Maximum six (6) year extension: Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (A) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six (6) years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal to the legislative body within fifteen (15) days after the advisory agency has denied the extension. Request of an extension must be submitted in writing, filed at least thirty (30) days prior to the expiration date, and submit fees as may be adopted by the city council from time to time.

Moratorium - Additional time period: For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:

1.

The condition was one that, by its nature, necessitated action by the city and the city either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map.

(Ord. No. 480, § 2, 4-26-2022; Ord. No. 491, § 3, 4-23-2024)

Pursuant to § 66475 of the Map Act, as a condition of approval of a subdivision, the subdivider shall dedicate or make an irrevocable offer of dedication of all land within the subdivision that is needed for public streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements.

(Ord. 122 §3,25, 1976).

Pursuant to § 66479 of the Map Act, as a condition of approval of a subdivision, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses.

(Ord. 122 §3.30, 1976).

16.04.120 - Drainage and sanitary sewer facilities—Fee requirement.

Pursuant to § 66483 of the Map Act, as a condition of a subdivision, the subdivider shall pay fees for purposes of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface waters and stormwaters from local or neighborhood drainage areas, and of constructing planned sanitary sewer facilities for local sanitary sewer areas.

(Ord. 122 §3.35, 1976).

Pursuant to § 66485 of the Map Act, as a condition of approval of a subdivision, improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity or number for the benefit of property not within the subdivision, and such improvements shall be dedicated to the public.

(Ord. 122 §3,40, 1976).

No tentative map filed pursuant to this title shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of the city environmental impact report guidelines. The subdivider shall provide such additional data and information which may be required for the preparation and processing of any required environmental documents.

(Ord. 122 §3.45, 1976).

Every tentative map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control, including prevention of sedimentation or damage to off-site property, set forth in chapter 70 of the Uniform Building Code adopted by the city.

(Ord. 122 §3.50 1976).

Whenever in the opinion of the commission the land involved in any subdivision is of such size or shape or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impractical in the particular case for the subdivider to conform fully to the regulations contained in this title, the commission may make such modifications thereof as in its opinion is reasonably necessary or expedient and in conformity with the spirit and purpose of the Map Act and of this title; provided, however, that no variance may be made to the requirements for adequate water mains, fire hydrants and sewerage disposal facilities or any requirements imposed by the Map Act. Each such proposed modification shall be referred to the officer or department under whose particular jurisdiction the regulation involved comes, and such officer or department shall transmit to the commission his or its written recommendations on each such proposed modification and the facts supporting such recommendation. The recommendation shall be reviewed by the commission and in case such modification is made by the commission together with appropriate findings to support the decision, the maps shall be modified accordingly.

(Ord. 122 §3.55, 1976).

It is unlawful to sell, offer for sale or cause or permit to be sold or offered for sale any portion of any subdivision of real property, improved or unimproved, in the city unless and until the requirements provided in this title have been complied with.

(Ord. 122 §11.00, 1976).

Chapter 16.06 - URBAN LOT SPLITS

Sections: