§ 12.04

This title is adopted under Article XI, Section 7 of the California Constitution and to supplement and implement the California Subdivision Map Act, Section 66410 et seq. of the Government Code. It may be cited as the Subdivision Ordinance of the City of Tracy.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-1.101)

The purpose of this title and any rules, regulations and specifications adopted pursuant to it is to regulate and control the division of land within the City of Tracy and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps, and the procedure to be followed in securing the official approval of the City regarding the maps. To accomplish this purpose, the regulations contained in this title are determined to be necessary to preserve the public health, safety and general welfare; to promote orderly growth and development that is compatible with the surrounding neighborhood character and to promote open space, conservation, protection, and proper use of land; and to ensure provision for adequate traffic circulation, utilities, and other public services in the city.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-1.102)

No land shall be subdivided and developed in a manner or for any purpose which is not consistent with all applicable provisions of the following:

The Tracy Urban Management Plan/General Plan (1993 and any amendments)

Any applicable specific plan, including:

I-205 Corridor Specific Plan

Industrial Areas Specific Plan

Residential Areas Specific Plan

Medical Facilities Specific Plan

Holly/Clover Specific Plan

Any other specific plan adopted under Chapter 10.24, including:

Title 7, Public Works

Title 10, Zoning Regulations

Title 11, Public Utilities

City's design documents (unless modified in a Specific Plan), including:

Standard Plans

Standard Specifications

Design Standards

Parks and Parkways Design Manual

Storm Drainage Design Guidelines for Residential Areas

Public Utilities Master Plans:

Wastewater Master Plan

Water Master Plan

Storm Drainage Master Plan

Roadways Master Plan

Public Facilities and Services Element

No subdivision of land shall be approved unless it is established that the subdivision and construction of improvements will be appropriately timed and phased such that the development will be supported by adequate public facilities and services.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-1.103)

12.04.040 - Application.

The regulations set forth in this title apply to all or parts of subdivisions within the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act and this title.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-1.104)

This title does not apply to:

(a)

The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

(b)

Mineral, oil or gas leases;

(c)

Land dedicated for cemetery purposes under the California Health and Safety Code;

(d)

A lot line adjustment between two (2) or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created; provided that, subject to the provisions of Section 66412(d) of the Subdivision Map Act, the lot line adjustment is approved pursuant to Sections 12.04.070 and 12.04.080;

(e)

Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party;

(f)

Any separate assessment under Section 2188.7 of the State Revenue and Taxation Code;

(g)

The conversion of a community apartment project or a stock cooperative to a condominium, subject to the requirements of Section 66412(g) and 66412(h) of the Subdivision Map Act and the City's zoning regulations;

(h)

The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind-powered electrical generation device on the land, if the project is subject to discretionary action by the City;

(i)

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under another provision of the Municipal Code regulating design and improvements;

(j)

The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

(k)

The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Section 65852.2 of the Government Code; but this title shall apply to the sale or transfer, but not leasing, of those units;

(l)

Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock;

(m)

Subdivisions of four (4) parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-1.105; Ord. No. 1254, § 5, 5-1-2018)

12.04.060 - Exceptions—Waiver of tentative parcel map.

(a)

The City Engineer may waive the requirements for a tentative parcel map for the following:

(1)

A division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees;

(2)

A division of property resulting from conveyance of land or interest therein to or from the City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.;

(3)

A division of property which has been merged under this title, the Subdivision Map Act or any prior ordinance of the City.

(b)

To waive the tentative parcel map requirements, the City Engineer, in consultation with the Community Development Director, shall find that the proposed division of land complies with requirements as to: (1) area; (2) the City's design documents for improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection; (3) zoning regulations; and (4) other requirements of the Subdivision Map Act and this title.

(c)

A waiver of the tentative parcel map requirement may be conditioned to require payment by the subdivider of park land dedication, drainage, and other fees by a method approved by the City Engineer.

(d)

Whenever a tentative parcel map is waived under this section, a parcel map shall be submitted to and approved by the City Engineer. The City Clerk shall transmit the map to the County Recorder. If the County Recorder rejects that map for filing the City shall rescind its approval of the map per the requirements of Government Code Section 66466.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-1.106)

(a)

A lot line adjustment is a change in an existing lot line between two (2) or more parcels, where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created.

(b)

Except for this section and Section 12.04.080, this title does not apply to a lot line adjustment provided:

(1)

No additional parcels are created;

(2)

The resulting parcels conform to the zoning regulations, public utilities and public works regulations of this code (Titles 10, 11 and 7);

(3)

The resulting parcels do not interfere with existing utilities, infrastructure or easements;

(4)

Real property taxes have been prepaid;

(5)

The adjustment is approved by the department and City Engineer;

(6)

The owner prepares a deed. However, if a record of survey is required under Business and Professions Code Section 8762, the owner shall prepare a record of survey; and

(7)

The City approves and the County Recorder records a deed, and if required, a record of survey.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-1.107)

The procedure for request and approval of a lot line adjustment is as follows.

(a)

The applicant shall submit a request to the Community Development Department (Planning Division) for a lot line adjustment, together with:

(1)

A letter from the owner requesting the lot line adjustment;

(2)

An original legal description and exhibit map for the lot line adjustment prepared by a registered civil engineer or licensed land surveyor;

(3)

A sketch (eight and one-half by eleven (8½″ x 11″) inches) showing the proposed lot line adjustment, including: (1) all existing structures, utilities and utility easements which are within fifty (50′) feet of an existing or proposed property line, and (2) the existing and proposed property lines;

(4)

A preliminary title report prepared within ninety (90) days of the application; and

(5)

Applicable processing fees, as established by City Council resolution.

(b)

The Community Development Director shall transmit a copy of the application to the City Engineer, and shall coordinate review with that of the City Engineer.

(c)

The Community Development Director shall review and determine whether or not the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances, under Government Code section 66412(d). If the director determines that the parcels resulting from the lot line adjustment will conform to local zoning and building ordinances, he or she shall promptly notify the City Engineer.

The Community Development Director may determine that the parcels resulting from the lot line adjustment substantially conform to the zoning regulations if the lot line adjustment will significantly reduce the degree of non-conformity regarding nonconforming lot coverage, yard setbacks, or distances between structures.

(d)

The City Engineer may require revisions, and may require right-of-way dedication required to conform to local zoning and building ordinances, or to facilitate the relocation of existing utilities, infrastructure, or easements, in accordance with Government Code section 66412(d).

The City Engineer is authorized to approve or deny the request for a lot line adjustment and, if approved, to record the final documents with the County Recorder.

(e)

The decision of the City Engineer may be appealed to the Planning Commission within ten (10) days of the decision, under section 12.04.060.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-1.108)

Chapter 12.08 - DEFINITIONS AND RESPONSIBILITIES

Sections:

12.08.010 - Definitions.

In this title, the following definitions, and those of the Subdivision Map Act, apply.

"Acceptance of improvements" means adoption of a resolution by the City Council, accepting of public improvements for City maintenance, or written acceptance by the City Engineer where authorized by the City Council.

"Access" means a vested right of a property owner to go and return from his or her land to a maintained public street or highway as approved by the City in accordance with this title. (Reference: section 12.36.050).

"Acreage" means any parcel of land which is not a lot, as defined in this title, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage.

"Approved" includes approval subject to conditions, or conditionally approved.

"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a condominium or other common interest development.

"Block" means the area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary of the subdivision.

"City design documents" means all of the following (and modifications set forth in any specific plan):

Standard Plans;

Standard Specifications;

Design Standards;

Parks and Parkways Design Manual;

Storm Drainage Design Guidelines for Residential Areas.

Public Utilities Master Plans:

Wastewater Master Plan;

Water Master Plan;

Storm Drainage Master Plan;

Roadways Master Plan;

Public Facilities and Services Element.

"City Engineer" means the City Engineer of the City of Tracy or his or her designee.

"Community apartment project" is defined as provided in section 11004 of the Business and Professions Code.

"Community Development Director" means the department head responsible for the planning, building and redevelopment divisions of the City.

"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of the property together with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan. The condominium may be residential or commercial. Commercial condominium includes a commercial, industrial or any non-residential condominium (Civil Code sections 783 and 1351(f)).

"Conversion" means the creation of separate ownership of existing real property together with a separate interest in existing space.

"County" means San Joaquin County.

"County Recorder" means the office of the County Recorder, San Joaquin County.

"Day" means a calendar day unless otherwise specified. If a deadline falls on a weekend or holiday, it is extended to the next working day.

"Declaration" means the document (covenants, conditions and restrictions (CC&Rs), or however titled) which contains the restrictive covenants of the development, consistent with California Civil Code section 1353.

"Dedication" means the transfer by a subdivider to a public entity of title to real property or an interest therein, or of an easement or right in real property, the transfer of facilities, the installation of improvements or any combination of these.

"Department" means the Development and Engineering Services Department.

"Design" means: (1) street alignments, grades, and widths; (2) water, drainage and sanitary facilities and utilities, including alignments and grades; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the General Plan, any applicable specific plan, the Subdivision Map Act, or the City's design documents.

"Development" means the uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto.

"Director" means the City Director of Development and Engineering Services or his or her designee.

"Environmental review" means compliance with the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq., the CEQA guidelines and the City's CEQA guidelines.

"Final subdivision map" means a map showing a subdivision of five (5) or more lots, prepared in accordance with the Subdivision Map Act and this title.

"Frontage street" means an existing or future right-of-way contiguous to the exterior boundary of a subdivision.

"General Plan" means the Urban Management Plan/General Plan (1993) of the City and all amendments to it.

"GIS" means geographic information system.

"Grading ordinance" means the grading ordinance of the City and all amendments to it.

"Improvement" includes, but is not limited to, street work, sidewalks, curbs, gutters, driveways, storm drainage facilities, water lines, sanitary sewers and facilities, public utilities, including existing overhead utilities required to be underground, landscaping and fences or walls to be installed by the subdivider on land to be used for public right-of-way, private streets and easements, street lights and any other improvements defined by section 66419 of the Subdivision Map Act.

"Licensed land surveyor" means a person licensed to conduct surveys under California Business and Professions Code section 8700 et seq.

"Lot" means a piece, plot or parcel of land or assemblage of contiguous parcels of land, as established by survey, plat or deed, having approved access as defined by this title.

"Lot line adjustment" means a change in an existing lot line or other adjustment where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is

not created, as approved by the City Engineer under sections 12.04.070 and 12.04.080.

"Master plans" means the following Public Utilities Master Plans:

Wastewater Master Plan;

Water Master Plan;

Storm Drainage Master Plan;

Roadways Master Plan;

Public Facilities and Services Element.

"Merger" means the joining of two (2) or more contiguous parcels of land under one ownership into one parcel.

"Parcel map" means a map showing a subdivision of four (4) or fewer lots, or a subdivision under Government Code section 66426(a) through (d), prepared in accordance with the Subdivision Map Act and this title.

"Private street" means a street, accessway, or the like which is privately owned and maintained, and which is used as access to or within a development or subdivision.

"Qualified registered civil engineer" means an engineer registered with the State of California whose

registration and experience authorizes the civil engineer to perform land surveying (typically all engineers registered prior to January 1, 1982 (RCE 33965 and below)).

"Remainder" means a portion of a subdivision which is not divided for the purpose of sale, lease or financing. (Reference: section 12.12.030.)

"Scenic/view easement" means an easement dedicated to the City or general public that protects a view from a specific location or locations to a specific visual resource by prohibiting or limiting development.

"Stock cooperative" is defined as provided in California Business and Professions Code section 11003.2 and Civil Code section 1351.

"Subdivider" means a person, firm, corporation, partnership, or association who owns the property or represents the owner and who proposes to divide, divides, or causes to be divided real property into a subdivision for oneself or for others. Employees and consultants of such persons or entities, acting in such capacity, are not subdividers.

"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County Assessment Roll as a unit or as contiguous units, for the purpose of sale, lease, or financing whether immediate or future. Property is considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. This definition includes a condominium, community apartment project, stock cooperative, and a conversion.

"Subdivision Map Act" or "Map Act" means the State Subdivision Law, set forth at California Government Code, beginning with section 66410.

"Tentative map" means a map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. Generally, a tentative subdivision map is prepared for a subdivision of five (5) or more lots, and a tentative parcel map is prepared for a subdivision of four or fewer lots.

"Vesting tentative map" means a tentative map that has printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed with the City, and is processed in accordance with chapter 12.28.

"Zoning regulations" means the zoning regulations of the City, found in title 10 of the Municipal Code.

(Ord. 1117 § 1, 2008; Ord. 934 C.S. § 1 (part), 1996: prior code § 12-2.101)