Chapter 16.03 — DIVISION OF LAND BY PARCEL MAP

The purpose of this chapter is to regulate and control the division of land by means other than a subdivision tract map, as defined by the Subdivision Map Act.

(Ord. 2722, passed - -1990)

A parcel map shall be required for all divisions of land creating four or less parcels and for other divisions of land as allowed by the Subdivision Map Act.

(Ord. 2722, passed - -1990)

(A) Submittal. A tentative parcel map showing the proposed lot division shall be filed with the Director of Development Services in the same manner as a subdivision map. The applicant shall determine from the Development Services Department the number of copies of the tentative map and any other information required for processing the lot division and shall provide same. The size of the tentative map shall be sufficient to show the entire land division on a single sheet, at a scale not smaller than 100 feet to the inch. The tentative parcel map shall contain and show the following:

(1) A legal description of the land to be divided, with dimensions shown on the parcels and around the boundary;

(2) The name, address and phone number of the owners of the property to be divided, with the name, address and phone number of the person who prepared the map;

• (3) A north arrow and scale;

(4) The location of the property in relation to existing streets, alleys and public service easements and the location, width, approximate grade, centerline radii and proposed names of all proposed streets, highways, alleys and public service easements;

(5) The location of existing lot lines and the locations of proposed lot lines with each new parcel being numbered consecutively;

(6) Existing contours on topography, if required by the City Engineer, with the location and steepness of all cut and fill slopes;

(7) The location and direction of flow of existing or proposed sewerage and storm drainage facilities, waterlines, wells and any cesspools, irrigation lines, utility lines and all other underground or overhead facilities;

(8) The location of existing buildings and structures and their relation to the lot lines being created, along with the proposed use of each new parcel; and

(9) Any other information relevant to the area, its improvement and design, which in the opinion of the City Engineer is required for proper consideration of the effect of the division on the community and as required by state or city laws.

(B) Certificate of owner. When a tentative parcel map is filed with the Director of Development Services, the applicant shall certify in writing that he or she is the record owner of property or properties to be divided, and that he or she consents to the proposed division. Such certificate shall be in a form as prescribed by the Director of Development Services, and all signatures thereon shall be acknowledged by a notary public. Signatures of parties owning the types of interest described in § 66436 of the Subdivision Map Act need not appear on the certificate form

if the subdivider supplies their names, the nature of their interests and evidence of their knowledge and consent to the division prior to approval and recordation of the final parcel map.

(C) Examination and report on tentative parcel map.

(1) Each tentative parcel map filed shall be examined by the City Engineer and Director of Development Services for its correctness and compliance with city ordinances and policies. A written report of their findings and recommendations shall be delivered to the Planning Commission within 50 days of the filing of the tentative parcel

map.

(2) This limit may be extended upon mutual consent of the persons submitting said map and both the City Engineer and the Director of Development Services. When a revised tentative map is submitted prior to Planning Commission action, the time limitation period as defined in § 16.02.030(C) shall be based upon the revised map submittal.

(3) Their report shall also be sent to the applicant of record at least three days prior to any action taken on the tentative parcel map by the Planning Commission. The Planning Commission (and City Council, if appealed) consideration of said map shall be a public hearing, noticed as provided in § 15.76.060. (Ord. 2722, passed - -1990)

At its first regular meeting held after receipt of the written report and recommendations, the tentative parcel map, together with the report, shall be presented to the Planning Commission which shall thereupon approve, conditionally approve or disapprove the tentative parcel map. Such action shall be in the form of a written resolution which shall specify the facts and reasons for the decision made with a finding as to whether or not the division, along with its improvement and design, conforms to the city’s General Plan. The Clerk of the Planning Commission shall thereafter report the Commission’s action in writing to the applicant within ten days of the action. Such action by the Planning Commission shall become final in the absence of any appeal.

(Ord. 2722, passed - -1990)

If any interested party or the applicant who filed the tentative parcel map is dissatisfied with any requirement, ruling, finding, approval or disapproval by the Planning Commission with respect to the map or the kinds, nature and extent of the improvements and conditions imposed, he or she shall, within ten days after such action, appeal in writing to the City Council for relief. The written appeal shall be filed with the City Clerk and shall set forth the grounds and reasons for appeal. The City Council may sustain, modify or overrule any such requirements, ruling, finding or disapproval of the Planning Commission and may modify the kinds, nature and extent of any improvements required. The City Council shall consider such appeal within 30 days of its filing with the City Clerk. Notification by mail of the time and place at which the appeal will be considered by Council shall be sent to the applicant or owner not less than ten days prior to the meeting at which the appeal will be considered. The decision of the City Council shall be final, and, upon making its decision, the City Clerk shall make a written report of the outcome directly to the applicant or owner and to the various city departments.

(Ord. 2722, passed - -1990)

The approval or conditional approval of a tentative parcel map shall be valid for a period of 24 months after the date upon which the Planning Commission or the City Council, whichever is applicable, granted approval or conditional

approval of the division. During this time, the owner or applicant may cause the parcel or parcels to be surveyed and a final map to be prepared and submitted to the City Engineer for approval and subsequent recordation. Upon written application, filed with the City Engineer within the 24-month period following approval or conditional approval of the lot division, extensions beyond the 24-month period may be granted by the Planning Commission. The sum of all such extensions granted shall not exceed a total of 24 months. If the request for extension is denied, then the applicant or owner may appeal to the City Council in the same manner as outlined in § 16.02.040(B) of this title. At the time any tentative parcel map is extended, the Planning Commission may add any new conditions as it sees fit as a condition of the extension of the tentative approval period, subject to appeal to the City Council. (Ord. 2722, passed - -1990)

When a tentative parcel map has been approved or conditionally approved in accordance with this chapter, a final map thereof, which shall be in substantial conformance with the approved tentative map, shall be prepared, approved and signed by the City Engineer and filed with the County Recorder for recordation. Recordation shall be made within the 24-month period above provided, or within any subsequent extension duly approved. If no final parcel map is submitted for approval and recorded within the time limits provided, then all proceedings shall terminate, and no final parcel map of any portion of the land within the tentative parcel map shall be approved or recorded without first processing a new tentative parcel map.

(A) Filing. For the purpose of filing a final parcel map with the city, the owner or applicant shall submit to the City Engineer an original final map tracing and three blue-line prints thereof. One print shall be returned to the owner or applicant thereafter, showing any corrections to be made, or a statement that the map is correct. When the final map is found to be correct, and the applicant or owner has posted ail agreements, improvement securities and fees, as described in Title 21 and elsewhere in this title, and all other conditions precedent to the approval of the tentative parcel map have been met, the final parcel map shall be certified by the City Engineer. The map will then be transmitted to the County Recorder by the City Clerk.

map is found to be correct, and the applicant or owner has posted ail agreements, improvement securities and fees, as described in Title 21 and elsewhere in this title, and all other conditions precedent to the approval of the tentative parcel map have been met, the final parcel map shall be certified by the City Engineer. The map will then be transmitted to the County Recorder by the City Clerk.

(B) Required information of final parcel map. The final parcel map shall contain all of the same information and data as required on a final tract map and shall be prepared following the format as described in the Subdivision Map Act. Appropriate certificates for signature by the City Engineer, the County Surveyor and the engineer or surveyor who prepared the map, shall be provided in a form as required by the City Engineer and the Subdivision Map Act. The location and description of existing monuments or established lines, the setting of new points and monuments before or after map recordation and the required survey data to be shown and provided shall all be done in a similar manner to that required by a final tract map, and as required by the City Engineer. The delineation of lots and parcels, their minimum frontages and widths, and the method of averaging lot sizes shall also conform to the same standards and codes as if the division of land were a subdivision of over five lots. All information shown on the final parcel map shall be based upon a field survey made in conformance with good engineering and survey practices and with the State Land Surveyors’ Act, Cal. Business and Professions Code Division 3, Chapter 15 (commencing with § 8700). Final maps for lot line adjustments, as defined in this chapter, may be based upon record data, if approved by the City Engineer. Certificates for signature by the City Engineer, and others required by law and this code, shall be shown on the final parcel map, except that a certificate signed and acknowledged by all parties having record title interest in the property to be divided by the parcel map is not required.

(Ord. 2722, passed - -1990)

(A) Application. Tentative maps shall include the information specified in § 16.03.020 of this code. Any other relevant information which may be necessary pursuant to § 16.03.020(A)(9) shall be specified in application submittal requirements so that it is available and known to the applicant prior to submittal.

(B) Approval. An application for a tentative parcel map for an urban lot split is approved or denied ministerially, by the City Engineer, without discre- tionary review, following technical review by Planning, Building, Fire and Public Works for compliance with Cal. Gov’t Code § 66411.7, this title and applicable provisions of the Subdivision Map Act. 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 § 16.03.080:

(1) Zoned single-family. The property is located with a zoning of R-1;

(2) 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 40% of the lot area of the original parcel;

(3) Lots at least 1,200 square feet. Both newly created parcels are no smaller than 1,200 square feet;

(4) 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:

(a) Historic. An historic district or property included on the State Historic Resources Inventory, as defined in Cal. Public Resources Code § 5020.1, or within a site that is designated or listed as a city landmark or historic property or district or within a Residential Preservation Zone pursuant to a city ordinance;

(b) Farmland. Prime farmland or farmland of statewide importance as further defined in Cal. Gov’t Code § 65913.4(a)(6)(B);

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

(d) Fire Zone. A very high fire hazard severity zone as further defined in Cal. Gov’t Code § 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to Cal. Gov’t Code § 51179(b), or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;

(e) Hazardous waste site. A hazardous waste site that is listed pursuant to Cal. Gov’t Code § 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Cal. Health and Safety Code Division 45, Part 2, Chapter 4, Article 5 (§§ 78760 through 78795), 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;

t Code § 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Cal. Health and Safety Code Division 45, Part 2, Chapter 4, Article 5 (§§ 78760 through 78795), 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;

(f) Flood Zone. A special flood hazard area subject to inundation by the 1% annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this division (B)(4)(f) and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard or action adopted by the city that is applicable to that site. A development may be located on a site described in this division (B)(4)(f) if either of the following are met:

1. The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

2. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Cal. Gov’t Code § 65913.4(a)(6)(G)(ii).

(g) Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with 44 C.F.R. § 60.3(d)(3). If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this division (B)(4)(g)

and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard or action adopted by the city that is applicable to that site.

(h) Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan as further spelled out in Cal. Gov’t Code § 65913.4(a)(6)(I).

(i) 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 U.S.C. §§ 1531 et seq.), the State Endangered Species Act, Chapter 1.5 (commencing with § 2050) of Cal. Fish and Game Code, Division 3) or the Native Plant Protection Act (Chapter 10 (commencing with § 1900) of Cal. Fish and Game Code, Division 2); and

(j) Conservation easement. Lands under a conservation easement.

• (C) Prohibitions. The proposed lot split shall not do any of the following:

(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; or

(3) Two units. Creates more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units.

(Ord. 3313, passed - -2022)

An urban lot split pursuant to § 16.03.070 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 this title, except as the same are modified by this section.

• (B) Setbacks.

(1) Existing structures. 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.

(2) Four-foot setback. Except for those circumstances described in division (B)(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 and/ or obtain 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) Grading. A conceptual grading plan shall accompany a tentative map when 50 cubic yards of soil or more is proposed to be disturbed as more particularly set forth and required in §§ 14.03.180 and 14.03.190 of this code. The conceptual grading plan shall include location, height and sections of all proposed retaining and non-retaining walls which shall comply with § 15.17.050(G) of this code.

(E) Parking. One off-street parking space shall be required per unit, except that no such parking requirements shall be imposed in either of the following circumstances:

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

(2) Care share vehicle. There is a car share vehicle located within one block of the property.

• (F) Access.

• (1) Public right-of-way access. Each resulting lot (properties) must adjoin the public right-of-way (street or alley) or have vehicular access to the public right-of-way through a fee interest or perpetual access easement.

• (2) Fire lane. Properties must have an approved fire apparatus roadway (fire lane) to within 150 feet of all existing or potential structures. Fire lanes shall meet the following standards:

• (a) Width. Minimum of 20 feet;

• (b) Grade. Maximum grade along the roadway shall not exceed 10%, and side to side (cross slope) shall not exceed 2%;

• (c) Turning radii. Inside dimension of 28 feet and outside dimension of 48 feet;

• (d) Vertical clearance. Minimum of 13 feet, six inches;

• (e) Weight capability. Minimum 94,000 pounds;

• (f) Surface. All weather paving material such as concrete, asphalt or masonry;

• (g) Turnaround mechanism. When a fire lane exceeds 150 feet in length, a turnaround mechanism of a hammerhead or cul-de-sac shall be provided meeting either of the following standards:

1. Hammerhead: “T” or “Y” configuration with a minimum lane length of 120 feet and minimum lane width of 20 feet; or

2. Cul-de-sac: minimum dia- meter of 80 feet.

• (h) Restricted access. Gate or other improvements designed to use of the fire lane shall be equipped with a Knox Box; and

• (i) Driveway location. Driveway locations are subject to Public Works standards and requirements in place at the time of application.

• (3) Fire access. Properties must have an approved route for firefighter access and hose pull to all existing or

potential structures within 150 feet of the fire apparatus. Firefighter access routes shall meet the following standards:

• (a) Width. Minimum of five feet; and

• (b) Grade. Maximum cross slope shall not exceed 2% and grade along the access route shall not exceed:

1. Walk: maximum of 5%;

2. Ramp: maximum 8.3%; and

3. Stairs: per Building Code.

• (4) Clearance. Free from obstruction such as fences, planters, vegetation and other structures although may be

• “as the crow flies” rather than in a straight line.

(G) High fire severity. Each resulting lot and future development thereon within fire hazard severity zones shall comply with the Fire Department’s Fire Prevention Standard on Fuel Modification Plan and Maintenance. A land use covenant shall be recorded concurrently with the final parcel map to this effect.

• (H) Utilities. Each resulting lot (properties) must have dedicated wet (water, sewer, storm drain) and dry (gas and electric) utilities which shall meet the following standards.

• (1) Location. Location and size shall be determined in accordance with city standards.

• (2) Water. Water shall include domestic, irrigation and fire water systems.

• (3) Connections. Property shall be responsible to install new or upsized connections to city facilities in accordance with city standards.

• (4) Abandoned connections. Unused connections shall be abandoned per city standard.

(5) Covenant. When a tentative map is proposed without a concurrent application for a primary dwelling unit, a land use covenant shall be recorded concurrently with the final parcel map requiring installation (and/or abandonment as may be required pursuant to this section) of all utilities prior to finalization of future dwelling’s building permit.

• (I) Fire protection.

(1) Fire flow. The fire water system shall be designed meeting the flow requirements of the State Fire Code, Appendix B.

(2) Fire hydrants. New lots shall be located such that a fire hydrant is no further than 400 feet away from any existing or potential primary dwelling. Where a fire hydrant exceeds the minimum distance of 400 feet from the lot as measured from the closest property line, the property shall be responsible to install a new hydrant which may be private.

(J) Miscellaneous requirements. The following requirements shall also apply to an urban lot split under this section. (1) Unit 800 square feet. 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 either of the resulting parcels or that would result in a unit size of less than 800 square feet.

(2) Architectural style. Any unit constructed must have the same architectural style as the existing primary unit and must also comply with the existing accessory dwelling unit standards and requirements set forth in § 15.17.100 of this code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.

(3) Legalizing. An existing nonconforming or unpermitted dwelling unit may be legalized if it meets or can be improved to meet all requirements of Cal. Health and Safety Code, Division 13, Part 1.5, Chapter 5, Article 1 (commencing with § 17960) relating to enforcing Building Code standards. Nothing in this division (J) shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition of approval for an urban lot split.

(4) Connected structures. An application shall not be rejected 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.

(5) Deed restriction. An applicant for an urban lot split under § 16.03.070 and this section shall be required to sign an affidavit in the form of a deed restriction, approved by the City Attorney, to be recorded with the County Recorder with a copy of the recorded document provided to the City Community and Economic Development Department and which shall include all of the following:

(a) The 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 Cal. Revenue and Taxation Code;

• (b) The uses shall be limited to residential uses;

(c) Any rental of any unit created by the lot split shall be for a minimum of 31 days;

(d) The maximum number of units to be allowed on the parcels is two, including, but not limited to, units

otherwise allowed pursuant to density bonus provisions, accessory dwelling units and junior accessory dwelling units;

(e) Prohibits the separate fee interest conveyance of any unit on the parcel; and

(f) The parcel is formed by an urban lot split and is subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

(K) Building Official determination. 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 Cal. Gov’t Code § 65589.5(d)(2), upon the 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. 3313, passed - -2022)

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

(A) Prior split. Any involved parcel has been established pursuant to an urban lot split in accordance with § 16.03.070; or

(B) Acting in concert. 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 § 16.03.070. 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 (B) 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, but may also apply on a case-by-case basis. (Ord. 3313, passed - -2022)