Tracy Municipal Code Ch. 12.04 General Provisions

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)

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)

(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)