Elk Grove Municipal Code Ch. 22.16 Tentative Maps

The purpose of this chapter is to establish the City’s regulations, standards, and procedures for consideration of tentative subdivision map and tentative parcel map applications.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

For every subdivision for which a tentative map is required pursuant to EGMC Chapter 22.06 (Division of Land – Required Maps) (e.g., tentative subdivision map, tentative parcel map), the subdivider shall file with the City a tentative map prepared in accordance with the provisions of this chapter.

In addition to the requirements of this chapter and title, all qualifying tentative maps shall also be subject to the requirements of subdivision design review as provided in EGMC § 23.16.080 (Design review). No qualifying tentative map shall be approved without the concurrent approval of any necessary subdivision design review for the qualifying tentative map.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

The tentative map shall be prepared in a manner acceptable to the Community Development Department. The map shall be prepared by a registered civil engineer or licensed land surveyor and shall contain the following components unless waived at the discretion of the Community Development Director and/or the City Engineer:

A. The tentative map shall show the following notes and statements:

1. Subdivision name and number, which shall be the name of the project and the file number assigned by the City;

2. A sufficient legal description for the property shown on the tentative map. A portion of a lot/section/parcel is not sufficient for this application;

3. A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads and other data sufficient to locate the subdivision;

4. Name, telephone number, and address of record owner or owners of the subdivision;

5. Name, address and telephone number of the subdivider;

6. Name, business address and telephone number of the registered (engineer) or licensed surveyor who prepared the tentative map;

7. Names, addresses and phone numbers of all service providers;

8. A statement of existing zoning and proposed zoning along with existing and proposed uses of the property;

9. A statement of the gross acreages of the overall subdivision;

10. A statement signed by the engineer/surveyor that all easements have been plotted or accounted for based on the current title report.

B. Technical Map Requirements. The map shall contain the following:

1. The scale of the map shall be such that all information can be shown without resorting to details. All scales are subject to approval of the Community Development Director and shall include an eight and one-half by eleven (8.5" x 11") inch reduction;

2. The tentative map boundary shall have a distinctive border line which will set it apart from all other lines. Bearings, distances and curve data sufficient to define the boundary shall be shown;

3. The map shall show its relationship to all adjoining recorded subdivision maps. If any adjoining property is not covered by a subdivision map, the name of the record owner along with the current assessor’s parcel number shall be shown;

4. A date, a north arrow, and graphic scale shall be shown;

5. A legend to define any terms or symbols if required.

C. Current Land Uses and Conditions. The following data shall be shown on the map that describes the current conditions of the land and surrounding areas and shall include, but not be limited to:

1. Topographic data of the proposed site and at least one hundred (100' 0") feet beyond its boundary shall be shown along with additional topography to define any additional drainage conditions that affect adjoining property, if applicable, and shall include, but not be limited to:

a. Existing contours at two (2' 0") foot intervals if the existing ground slope is less than five (5%) percent. Existing contours shall be represented by dashed lines or by screened lines. The origin of the contours must be shown along with a benchmark and a datum statement;

b. Type, circumference and dripline of existing trees with a trunk diameter of six (6") inches or more. Any trees proposed to be removed shall be so indicated;

c. The location and outline of existing structures identified by type along with square footage of each. Show all patios, porches, decks, overhangs and exterior stairways and indicate whether they are to remain or be removed. This requirement may be waived at the discretion of the Community Development Director;

d. The approximate location of all areas of potential stormwater overflow; the location, width, and direction of flow of each watercourse; the flood zone of each watercourse; and the flood zone designation as indicated on the flood insurance rate map (“FIRM”);

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

f. The widths, location, purpose and recording data of all existing easements. If any easements are required to be vacated or quitclaimed, a note to that effect shall be placed on the map;

g. The location and size of existing utilities including, but not limited to, sanitary sewers, fire hydrants, water mains, storm drains, streetlights, water valves, utility boxes or vaults shall be indicated. Existing utility lines shall be dimensioned to the nearest property line or centerline. The location of existing overhead utility lines on peripheral streets shall be indicated;

h. The location of all railroads and grade crossings;

i. The location of all existing wells, abandoned wells and sumps.

D. Proposed Improvements. The following proposed improvements shall be shown and shall include, but not be limited to:

1. Adequate elevation information shall be shown to allow City staff to review the proposed drainage patterns and check conformance to various Elk Grove Municipal Code requirements including, but not limited to, two (2' 0") foot contours, adequate spot elevations and proposed pad grades;

2. The approximate lot layout and the approximate dimensions of each lot and each building site, including a lot number. The lots shall be consecutively numbered;

3. The size, location and elevations of all drainage swales, pipes or facilities that will show that all on-site drainage will be conveyed to public drainage facilities;

4. The location, centerline radius of curves, right-of-way width, grades and names of all streets. Typical sections of all streets shall be shown. If streets are to be private and/or gated, a note shall be placed on the map;

5. The locations, width and type of all easements;

6. Proposed park and recreational sites, common areas, open space areas including method of ownership and management;

7. The location and size of all proposed utilities including, but not limited to, sanitary sewers, fire hydrants, water mains and storm drains;

8. Phasing. If the subdivider plans to file multiple final or parcel maps on the tentative map, there shall be a clear statement on the tentative map indicating the intent of the subdivider to do so;

9. Deviations from City’s Improvement Standards shall be submitted to the City Engineer for review and approval. Any deviation approved by the City Engineer shall be clearly depicted and noted on the tentative map. Should a higher approving authority be the final approval of the map, the deviation shall only be effective upon the final authority’s concurrence.

E. The following additional information may be required as part of the tentative map submittal and may include, but not be limited to, the following:

1. Soils Report. A soils report prepared by a soils engineer;

2. Traffic study;

3. A drainage study prepared to the satisfaction of the City Engineer.

F. Application Format and Additional Information. The Community Development Director shall determine the number of tentative maps to be delivered. The applicant shall comply with any public engagement obligations provided in EGMC Title 23. In addition, all tentative map applications shall be accompanied by a fee, as established by City Council resolution.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. General Application Review and Processing. The designated approving authority shall approve, conditionally approve, or deny the tentative map within fifty (50) days of the date of certification of the EIR, adoption of a negative declaration, or a determination that the project is exempt from the requirements of CEQA. The Community Development Director shall thereafter report the decision of the approving authority to the subdivider. Except as otherwise provided in State law, pursuant to Section 66412.3 of the Subdivision Map Act, in reaching a decision upon the tentative map, the approving authority shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

B. Approval and Application of Conditions. The tentative map may be approved or conditionally approved by the approving authority if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan or area plan, and all applicable provisions of this title, along with any applicable standards of the Zoning Code (EGMC Title 23). The approving authority may require that, as a condition of approval, the subdivider pay all required development impact fees at the rate for such fees in effect at the time such fees would normally be levied (e.g., building permit issuance). The approving authority may modify or delete any of the conditions of approval recommended in the Community Development Director’s report. The approving authority may add additional requirements as a condition of its approval.

C. Findings for Denial. Except as otherwise required by State or Federal law, the approving authority shall deny approval of the tentative map if it makes any of the following findings:

1. That the proposed map, together with the provisions for its design and improvement, is inconsistent with the General Plan or any applicable specific plan, or other applicable provisions of this code.

2. That the site is not physically suitable for the type of development.

3. That the site is not physically suitable for the proposed density of development.

4. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the designated approving authority may approve such a tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to Section 21081(c) of CEQA that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

5. That the design of the subdivision or the type of improvements are likely to cause serious public health problems.

6. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the designated approving authority may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to 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 granted to the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

7. Subject to Section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of the California Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use.

D. Appeal. The decision of the designated approving authority may be appealed as provided in EGMC Section 23.14.060 (Appeals). Where the appeal provisions of this section conflict with other provisions of this code, the appeal provisions of this section shall apply with regard to matters pursuant to this chapter.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

Whenever a provision of the Subdivision Map Act or this title requires the filing of a tentative map (e.g., a tentative subdivision map, tentative parcel map), a vesting tentative map may instead be filed. Such vesting tentative map shall be in accordance with the provisions of this chapter. If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

A. Application for Vesting Tentative Map. A vesting tentative map shall be filed in the same form and have the same content as required by this title for tentative maps. The application shall be filed in the same manner as tentative maps. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

B. Additional Submittal Requirements. At the time a vesting tentative subdivision map is filed, the subdivider shall also supply the information listed below to the City. The City may request, and the applicant shall promptly furnish, information as may reasonably be necessary to enable the City to evaluate the vesting effect that would follow from approval of the map.

1. A grading plan in conformance with the City grading ordinance and design standards. The grading plan shall contain precise grading of the entire subdivision and shall include all existing and proposed topography. The proposed topography shall include, but not be limited to, the elevations on all building pads, street grades and elevations at all lot corners;

2. Complete sanitary sewer plans accompanied by a sewer area study;

3. Complete water plans;

4. Complete storm drain plans;

5. Complete street plans;

6. Complete landscape plans;

7. Any geological studies, if required;

8. A complete drainage study. The study shall include, but not be limited to, a ten (10) year drainage study along with the one hundred (100) year drainage study. The one hundred (100) year study shall show the hydraulic grade line (HGL) at critical locations for each subdivision unit;

9. A complete site plan showing the buildings and exterior features of each lot. For single-family detached lots the site plan shall show the typical building envelopes. It shall also show all building setbacks, building heights, number of stories, driveway locations, landscaped areas and all other improvements proposed to be installed (this may be waived at the discretion of the Community Development Director);

10. Any engineering calculations and cost estimates for all improvement plans;

11. A tree preservation plan;

12. A soils report prepared by a soils engineer; and

13. Any and all other studies, reports, plans, specifications or additional information required by the Community Development Director.

C. Development Rights Upon Approval.

1. Generally. The approval of a vesting tentative map by the City shall confer a vested right to apply for permits needed to proceed with development and have the City exercise its discretion to approve, disapprove, or approve such permits with conditions, on the basis of ordinances, policies, and standards in effect at the time the application was determined to be complete pursuant to Section 65943 of the Subdivision Map Act.

2. Disclaimers.

a. This section does not enlarge, diminish, or alter the power of the City to deny approval of the requested project or any part thereof, or to impose conditions on the approval of a project.

b. Nothing in this section removes, diminishes, or affects the obligation of any subdivider or local agency to comply with the conditions and requirements of any State or Federal laws, regulations, or policies.

c. In the event that Section 66474.2 of the Subdivision Map Act is repealed, any subsequent approvals of vested maps shall confer a vested right to proceed with development in substantial compliance with ordinances, policies, and standards in effect at the time the vesting map is approved or conditionally approved, rather than at the time the application was determined to be complete.

d. Notwithstanding this section, the City may condition or deny a permit, extension, or entitlement, including, but not limited to, final maps and building permits, if it determines any of the following:

i. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

ii. The condition or denial is required in order to comply with State or Federal law.

D. Administration of Vested Rights. In administering an approved vesting map, the following shall be applicable:

1. Concurrent Approvals. Approval of a vesting tentative map applies only to actions considered and approved by the designated approving authority. If the vesting tentative map was approved with conditions, the approval is subject to those conditions. If related applications for discretionary permits were approved in conjunction with the vesting tentative map, the approvals are subject to applicable ordinances, policies, and standards granting those entitlements, including any conditions thereof.

2. Initial Life of Vested Rights. The rights conferred by a vesting tentative map as provided by this chapter shall last for an initial period of two (2) years after recording of the final map.

3. Extension of Vested Rights Through Recording of a Final Map. When several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial “vesting period” shall begin for each phase on the date the final map for that phase is recorded.

4. Extension of Vested Rights Through Period for Subsequent Approvals. The initial time period shall be automatically extended by any time used by the local agency for processing a complete application for a grading permit or for design or architectural review, if the time used by the local agency to process the application exceeds thirty (30) days from the date that a complete application is filed.

5. Extension of Vested Rights by Moratorium or Stay. Vesting rights shall automatically be extended at any time during which a development moratorium or stay on the project is in effect.

6. Automatic Extension of Vested Rights. Vesting rights shall automatically be extended by any time used by a City department for processing a complete application for a grading permit or for design or architectural review, if the time used by the City exceeds thirty (30) days from the date a complete application is filed.

7. Extension of Vested Rights Through Building Permit. If the subdivider submits a complete application for a building permit during the periods of time specified above, the rights conferred by this article shall continue until the expiration of that permit, or any extension of that permit granted by the City.

8. Termination of Vested Rights. Vested rights that have been conferred shall end on the occurrence of the following, whichever comes first:

a. A final map is not recorded within the initial life of the vesting tentative map unless a longer period is provided by State law or an extension is granted as provided by this chapter.

b. If a final map is recorded, the vesting rights shall end two (2) years after the date of final map recordation as provided in subsection (D)(2) of this section.

c. The expiration of a building permit, including extension, issued pursuant to a vesting tentative map, and issued during the time vesting rights are valid.

d. Vesting rights shall automatically be extended by any time used by a City department for processing a complete application for a grading permit or for design review, if the time used by the City exceeds thirty (30) days from the date a complete application is filed.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

Requests for withdrawal of any application for tentative map shall be submitted to the Community Development Director in writing unless made at a public hearing on the tentative map.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

Except as otherwise required by State law, or as otherwise determined by the Community Development Director, no application for a tentative map approval shall be accepted, nor any hearings held thereon, for an application for the same or substantially same tentative map that has been previously denied until a period of one (1) year has elapsed from the date of the final denial of the application by the body having final jurisdiction of the matter.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. Revisions or Amendments Generally. Unless deemed by the City Engineer, upon recommendation of the Community Development Director, to be in substantial compliance with the approved tentative map, any request to revise or amend an approved or conditionally approved tentative map shall be deemed an application for a new tentative map. Such new tentative map shall be processed in conformance with the requirements of this chapter in effect at the time such revised map is filed, including any changes in street standards which have become effective since the original tentative map was filed. The approval or conditional approval of any new tentative map shall void all prior approved tentative maps.

B. Amendment of Conditions of Approval. A subdivider may apply for a revision or amendment to the conditions of approval for a conditionally approved tentative map, provided there is no proposed change to the layout or design of the subdivision or modifications in the proposed lot sizes. Modification of the conditions on a conditionally approved tentative map shall not extend the time limits imposed by this chapter or the Subdivision Map Act.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

A. Initial Life. Except as provided in EGMC Section 22.16.100 (Time extension), the approval or conditional approval of a tentative map shall expire within the following time periods. This period shall be referred to as the “initial life.”

1. Tentative Subdivision Map and Tentative Parcel Map. The approval or conditional approval of a tentative subdivision map or tentative parcel map shall expire thirty-six (36) months from the date the map was approved or conditionally approved.

2. Vesting Tentative Subdivision Map and Vesting Tentative Parcel Map. The approval or conditional approval of a vesting map shall expire twenty-four (24) months from the date the map was approved or conditionally approved.

B. Effect of Expiration. Expiration of an approved or conditionally approved tentative map (including any extensions) shall terminate all proceedings, and no final map of all or any portion of real property included within the tentative map shall be filed without first processing a new tentative map application.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

The initial life of an approved or conditionally approved tentative map may be extended in any of the following ways, or as otherwise provided by the Subdivision Map Act:

A. Discretionary Extension. Any tentative subdivision map, vesting tentative map, or tentative parcel map is eligible for an extension of time, provided final approval for such extension occurs prior to the expiration of the original map through approval of the Zoning Administrator. Upon filing of a timely application for an extension of time, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied. No final map or parcel map may be approved during the period between the expiration of the original map and the approval of the extension of time. An extension of time may not be granted for more than thirty-six (36) months per extension application but may be granted for a lesser time at the sole discretion of the final hearing body. In no event shall the number of discretionary extension periods granted exceed a total of six (6) years. A subdivider may apply for a resubmission of the map rather than an extension of time, in which case the map may be approved after the expiration date of the original map. The expiration date of an approved resubmitted map shall be as set forth in EGMC Section 22.16.080.

B. Filing of Multiple (Phased) Final Maps. If multiple final maps are to be filed for the subdivision pursuant to the Subdivision Map Act, and if the subdivider is required to expend the amount equal to or greater than the amount set forth in Section 66452.6 of the Subdivision Map Act, to construct, improve, or finance (e.g., payment of impact fees) the construction of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the property to be subdivided and which are reasonably related to the development of the property, each filing of a final map shall extend the expiration of the approved or conditionally approved tentative map by forty-eight (48) months from the date of its expiration, or the date of the previously filed (recorded) final map, whichever is later but in no event more than ten (10) years from such approval or conditional approval.

As provided in Section 66452.6(a)(3) of the Subdivision Map Act, “public improvement” shall include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. Examples include, but are not limited to, roadway improvement projects that are conditioned as part of project approval but do not occur within the boundaries or along the perimeter of the project.

C. Development Agreement. In accordance with Section 66452.6(a)(1) of the Subdivision Map Act, a tentative map on a property subject to a statutory development agreement between the City and the subdivider (or any successor in interest) may extend the life of the tentative map for a period of time as specified in the development agreement, which period shall not exceed the term of the development agreement itself.

D. Development Moratorium. In accordance with Section 66452.6(b) of the Subdivision Map Act, the initial life of an approved or conditionally approved tentative map shall not include any time during which a development moratorium, imposed after approval or conditional approval of the tentative map, is in effect. However, the length of the moratorium will not exceed five (5) years.

E. Litigation. In accordance with Section 66452.6(c) of the Subdivision Map Act, upon approval by the City Council, a pending lawsuit involving the approval or conditional approval of a tentative map shall stay the life of a tentative map for up to five (5) years. The subdivider may submit an application to the City requesting the stay and the application shall be considered by the City Council through the procedures provided in EGMC Section 22.16.040(D) (Appeals). The City shall take action on the request to deny the stay within forty (40) days of receipt of the subdivider’s application. The City shall not impose conditions upon the approval of a request for stay.

F. Special Legislative Extensions. On occasion, the California Legislature has adopted statutory extensions to tentative maps. Any additional mandatory extensions that are adopted by the Legislature in the future are hereby incorporated into this code by reference. The City shall honor any applicable mandatory extension provided by the Legislature. As provided in EGMC Chapter 23.18, any entitlement, development permit or other approval which would expire pursuant to this title or the Zoning Code, but which was approved concurrently with and pertains to any approved tentative subdivision or parcel map the expiration date of which was automatically extended by the provisions of State law shall be extended for the same period as that provided by said law for the approved tentative subdivision or parcel map to which it pertains.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

Notwithstanding any other provision of this chapter, the following procedures and requirements shall apply to urban lot splits. This section implements Section 66411.7 of the California Government Code. An urban lot split means the subdivision of one (1) existing single family lot into two (2) lots.

A. Applicability. An urban lot split shall only be processed when the existing lot proposed for subdivision meets all of the following qualifications:

1. The lot is located within a single-family residential zone, meaning it is located within the Agricultural Residential (AR) zoning districts (AR-1 through AR-10) or the Residential Districts (RD) of RD-1 through RD-15. This section shall not apply to any other zoning districts.

2. The lot is not located within any of the following:

a. Land designated as either prime farmland or farmland of Statewide importance.

b. Land meeting the definition of a wetland as defined in United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c. Land within a high or very high fire hazard severity zone.

d. A hazardous waste site that is listed pursuant to Section 65962.5 of the California Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to former Section 25356 of the California Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the California Health and Safety Code.

f. A special flood hazard area subject to inundation by the one (1%) percent annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency (see the F-100 and F-100/200 overlay zoning district), unless:

i. The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

ii. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Parts 59 (commencing with Section 59.1) and 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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.

h. Land 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. Section 1531 et seq.), or other adopted natural resource protection plan.

3. The proposed urban lot split would not require demolition or alteration of any of the following types of housing:

a. 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.

b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

c. A lot or lots on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the application for urban lot split is filed with the City.

d. Housing that has been occupied by a tenant in the last three (3) years.

4. The lot is not located within a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a City landmark or historic property or district pursuant to EGMC Chapter 7.00 (Historic Preservation).

5. The existing lot has not been established through prior exercise of an urban lot split as provided by this section.

6. Neither the owner of the lot being subdivided nor any person acting in concert with the owners has previously subdivided an adjacent lot using an urban lot split as provided for in this section.

B. Procedures. Except as provided below, applications for urban lot split shall be processed pursuant to the provisions of EGMC Section 22.16.030.

1. The application for urban lot split shall include supplemental information as required by the Community Development Department and on a form provided by the Department requiring the applicant to certify that the application is made and qualifies with all of the provisions of this subsection (B).

2. The application shall include a parcel map, which shall include all of the required components and information required for other parcel maps as provided by this title. No tentative parcel map shall be required.

3. The designated approving authority for an urban lot split parcel map shall be the Community Development Director. The Community Development Director shall approve the application if it complies with all of the provisions of this section and the building official cannot make any of the findings provided in subsection (D) of this section (Findings for Denial). No public hearing or noticing shall be required for the project.

4. Upon the approval of the Community Development Director, the parcel map for urban lot split shall be presented to the City Engineer, who shall sign the map and cause it to be recorded with the Sacramento County Recorder.

C. Requirements. Urban lot splits shall conform with all of the following:

1. Lot Size and Dimensions. Notwithstanding the lot requirements provided in EGMC Table 23.29-1 (Development Standards for Base Zoning Districts) for the underlying zoning district, or the requirements of any applicable special planning area or specific plan, the proposed lots shall conform to the following minimum standards:

a. No resulting lot shall be smaller than forty (40%) percent of the original lot area and a minimum of one thousand two hundred (1,200 ft2) square feet.

b. Where both lots propose frontage along a public right-of-way, each lot shall have a minimum lot frontage of twenty (20' 0") feet, except that if the existing lot frontage is less than forty (40' 0") feet, one lot shall have a minimum of twenty (20' 0") feet of frontage and the other shall be provided with access by a corridor (in either fee title or easement) of a minimum of twelve (12' 0") feet wide. The access corridor shall be kept free and clear of any buildings or structures, except for utilities.

c. Where only one (1) lot proposes frontage along a public right-of-way, the lot that does not have public frontage shall be provided with access by a corridor (in easement) of a minimum of twelve (12' 0") feet wide. The access corridor shall be kept free and clear of any buildings or structures, except for utilities.

2. Setbacks.

a. No setbacks shall be required for any existing structures, except that the minimum front yard and street side yard setback as provided in the underlying zoning district is maintained.

b. A note shall be placed on the parcel map requiring a minimum four (4' 0") foot rear and interior side yard setback for any new dwellings constructed on the lots.

c. The City may not require any existing nonconforming setback conditions to be remedied as part of the approval of an urban lot split.

3. Utilities. All required utility connections shall be placed on the same lot as the unit or units the utilities are serving, or shall be located within a utility easement, either existing or dedicated on the parcel map.

For lots created pursuant to this section where the lot is serviced by private well and septic systems, each lot shall have its own, independent well and septic system. No parcel map shall be approved until will serve letters or permits for the well and septic system have been issued by Sacramento County Environmental Management Department. Well and septic systems shall comply with the standards of Sacramento County Code Chapters 6.28 (Wells and Pumps) and 6.32 (On-Site Management of Wastewater).

4. Parking. Notwithstanding EGMC Chapter 23.58 (Parking), one (1) off-street vehicle parking space is required for each unit in a two (2) unit residential development, except as otherwise provided below. Required parking may be provided as either covered or uncovered parking and shall be located on the same lot as the residential unit served. All provided parking shall meet the minimum dimensions, location, and other applicable development standards provided in EGMC Section 23.58.090 (Parking design and development standards).

a. Parking Exemptions. No parking is required if the lot is located within one-half (1/2) mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one (1) block of the lot.

b. Replacement Parking Required. When an existing garage, carport, or other covered or enclosed parking area is converted or demolished in order to construct a new unit, at least one (1) replacement parking space, which may be covered or uncovered, must be provided for each unit unless the project is exempt from parking.

5. Special Tax Districts. Prior to approval of the urban lot split, the applicant shall annex into any required special tax districts, including assessment districts of Mello-Roos Community Facilities Districts required of any other subdivisions in the City if the existing lot is not already within these special tax districts.

6. Restrictions. Concurrent with approval and recordation of the parcel map, the applicant shall execute, in a form satisfactory to the City, the following restrictions. The Community Development Director shall cause these restrictions to be recorded on the property concurrently with recordation of the parcel map with the Sacramento County Recorder.

a. A restriction that only use of the property shall be limited to residential uses. No nonresidential uses (except for home occupations allowed under EGMC Chapter 23.82) shall be allowed on the resulting lots.

b. An affidavit from the applicant stating that they intend to occupy one (1) of the lots as their principal residence for a minimum of three (3) years from the date of approval of the urban lot split. This provision shall not apply to a community land trust as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code.

c. A deed restriction prohibiting use of the resulting lots as a short-term rental. The restriction shall specify that any rental of the property shall be for a minimum of thirty (30) days.

d. A deed restriction prohibiting the construction of more than two (2) dwelling units on each lot. As used in this subsection, dwelling unit includes a unit created pursuant to EGMC Chapter 23.17, a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit as provided in EGMC Chapter 23.90.

D. Findings for Denial. An application for urban lot split may be denied 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 paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)

Notwithstanding any other provision of this chapter, the following procedures and requirements shall apply to urban subdivisions. This section implements Section 66499.41 of the California Government Code. An urban subdivision means the subdivision of one (1) existing lot into ten (10) or fewer lots and the housing development project on the lot proposed to be subdivided will contain ten (10) or fewer residential units.

A. Applicability. An urban subdivision shall only be processed pursuant to this section when the existing lot proposed for subdivision meets all of the following qualifications:

1. The lot is one (1) of the following:

a. Zoned to allow multifamily residential dwelling use.

b. Vacant and zoned for single-family residential development. For purposes of this subsection, “vacant” means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as “vacant”:

i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.

ii. Housing that is subject to any form of rent or sales price control through a local public entity’s valid exercise of its police power.

iii. Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.

2. If the lot is zoned to allow multifamily residential dwelling uses, the lot is no larger than five (5) acres and is substantially surrounded by qualified urban uses. If the lot is a vacant lot zoned for single-family residential development, the lot is no larger than one and one-half (1-1/2) acres and is substantially surrounded by qualified urban uses. For purposes of this section, “qualified urban use” shall have the meaning set forth in Section 21072 of the Public Resources Code and “substantially surrounded” shall have the meaning set forth in Section 21159.25 of the Public Resources Code.

3. The existing lot is a legal parcel.

4. The existing lot was not created pursuant to the provisions of this section or of EGMC Section 22.16.110.

5. The lot is not located within any of the following:

a. Land designated as either prime farmland or farmland of Statewide importance.

b. Land meeting the definition of a wetland as defined in United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c. Land within a high or very high fire hazard severity zone.

d. A hazardous waste site that is listed pursuant to Section 65962.5 of the California Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the California Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

f. A special flood hazard area subject to inundation by the one (1%) percent annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency (see the F-100 and F-100/200 overlay zoning district), unless:

i. The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

ii. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Parts 59 (commencing with Section 59.1) and 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

g. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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.

h. Land 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. Section 1531 et seq.), or other adopted natural resource protection plan.

i. 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, the California Endangered Species Act, or the Native Plant Protection Act.

j. Land under conservation easement.

6. The housing units on the lot proposed to be subdivided are one (1) of the following:

a. Constructed on fee simple ownership lots.

b. Part of a common interest development.

c. Part of a housing cooperative, as defined in Section 817 of the Civil Code.

d. Constructed on land owned by a community land trust, as defined in Section 66499.41 of the California Government Code.

e. Part of a tenancy in common, as described in Section 685 of the Civil Code.

7. The proposed development will meet one of the following, as applicable:

a. If the parcel is identified in the City’s Housing Element of its General Plan for the current planning period, the development shall result in at least as many units as projected for that parcel in the Housing Element. If the parcel is identified to accommodate any portion of the City’s share of the regional housing need for low- or very-low income households, the development shall result in at least as many low- or very-low income units as projected in the Housing Element. These units shall be subject to a recorded affordability restriction of at least forty-five (45) years.

b. If the parcel is not identified in the City’s Housing Element of its General Plan, the development shall result in at least sixty-six (66%) percent of the maximum allowable residential density as specified by the applicable zoning or sixty-six (66%) percent of the applicable residential density specified in Section 65583.2(c)(3)(B), whichever is greater. Where the zoning does not specify a maximum allowable residential density, the development will result in at least sixty-six (66%) percent of the applicable residential density as specified in Section 65583.2(c)(3)(B).

8. The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:

a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very-low, or extremely-low income.

b. Housing that is subject to any form of rent or price control through a local public entity’s valid exercise of its police power.

c. Housing occupied by tenants within the five (5) years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.

d. A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

B. Procedures. Except as provided below, applications for urban subdivision shall be processed pursuant to the provisions of EGMC Section 22.16.030.

1. The application for urban subdivisions shall include supplemental information as required by the Community Development Department and on a form provided by the Department requiring the applicant to certify that the application is made and qualifies with all of the provisions of this subsection (B).

2. The application shall include a tentative map, which shall include all the required components and information required for other tentative maps as provided by this title.

3. The designated approving authority for an urban subdivision shall be the Zoning Administrator. The Zoning Administrator shall approve the application if it complies with all the provisions of this section.

4. The designated approving authority shall take action to either approve or deny the application for an urban subdivision within sixty (60) days from the date the City receives a completed application. If the City does not approve or deny a completed application within sixty (60) days, the application shall be deemed approved. If the designated approving authority denies the application, the City shall, within sixty (60) days from the date the City receives the completed application, 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 applicant can remedy the application.

5. The designated approving authority may deny the issuance of the tentative map if it 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 Section 65589.5(d)(2) of the California Government Code, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

C. Requirements. Urban subdivisions and subsequent housing development projects shall conform with all of the following:

1. The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.

2. The proposed subdivision shall be served by a public water system and a municipal sewer system. No well or septic systems shall be permitted.

3. Each proposed lot shall have a minimum area of six hundred (600 ft2) square feet; provided, however, if the proposed lot is zoned for single-family residential use, the newly created lots shall be no smaller than one thousand two hundred (1,200 ft2) square feet.

4. The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed one thousand seven hundred fifty (1,750 ft2) net habitable square feet. For purposes of this subsection, “net habitable square feet” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a head-room of at least six and one-half (6-1/2') feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.

5. Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and the development standards of EGMC Chapter 23.30.210.

6. The City may condition the approval and recordation of a final map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one (1) dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.

D. Restrictions.

1. No accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot created as a result of this section. A note to this effect shall be included on the final map.

2. No lot created by this section shall be further subdivided pursuant to the provisions of EGMC Section 22.16.110 (Urban lot split). A note to this effect shall be included on the final map.

3. Any proposed subdivision hereunder shall not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.

(Ord. 13-2025 § 3 (Exh. D), eff. 7-25-2025)