Title 8 — PLANNING AND ZONING

Source: library.municode.com (print export)

TITLE 8. - PLANNING AND ZONING

TABLE OF CONTENTS

CHAPTER 1. - PLANNING COMMISSION

Sec. 8-1.01. - Created, membership.

The Planning Commission is established and created by Ordinance No. 192 entitled "An Ordinance Establishing and Creating a City Planning Commission," as amended, is hereby re-established and recreated without loss of continuity under and by authority of the State Planning Law. The Planning Commission shall have all the powers, functions and duties provided for by State Planning Law, the laws of the City and as delegated in accordance with applicable laws. The Planning Commission have the authority to appoint a chair and vice-chair, and to adopt bylaws consistent with policies established by the Council. The organization, membership, terms and methods of appointment and removal of members, and compensation of the Planning Commission shall be as follows:

(a)

There shall be five voting members of the Planning Commission.

(b)

Each member of the City Council shall nominate a person from among the residents of their district to serve as a Planning Commissioner. The City Council may establish by resolution recruitment and service requirements, criteria and attendance standards governing service on the Planning Commission. A person nominated shall be confirmed by a majority vote of the City Council.

(c)

A confirmed Planning Commissioner shall serve a term of the same duration as the Council member who appointed them and shall serve at the pleasure of said Council member. Upon election or re-election, a City Council member shall either renominate an existing Planning Commissioner to another term or may nominate a different resident of their district. A City Council member may also seek removal and nominate another resident of their district to the Planning Commission at any time. All nominations shall be confirmed by a majority vote of the City Council. When a new City Council member is elected to a district, the existing Planning Commissioner for that district will continue to serve until they are either renominated and reconfirmed or a successor is confirmed by the City Council.

(d)

A Planning Commissioner or liaison may be removed at any time, with or without cause, by action of the City Council.

(e)

Annually, the County of Sutter may nominate a non-voting liaison to the Yuba City Planning Commission who may provide input. A liaison may be confirmed by a majority vote of the City Council.

(f)

Annually, the Planning Commission may nominate a member to serve on the Sutter County Planning Commission as either a voting member or liaison, consistent with County ordinance. The City Council may accept the person nominated as the City's designee and the City Clerk shall forward said designation to the Sutter County Board of Supervisors for confirmation.

(g)

The Development Services Director shall be an ex-officio member and shall serve as the secretary to the Commission. All members of the Commission shall have the right to vote; ex-officio members and liaison shall not have the right to vote.

(h)

Compensation for the Planning Commission may be established by adopted resolution of the City Council.

(i)

To effectuate initial implementation of this ordinance, the City Council may adopt a resolution removing all members of the Planning Commission and then immediately re-appoint five members thereof for an interim period, with each member being assigned to a Council district regardless of current residency within the City. The interim appointment period shall be until another Planning Commissioner is appointed to that district, or through February 27th following the election or re-election of a City Council member for that district.

(§ 1, Ord. 194, as amended by § 1, Ord. 739, eff. March 9, 1977; § 1, Ord. 943, eff. March 22, 1984; § 1, Ord. 28-92, eff. Dec. 17, 1992; Ord. No. 006-25, § 3, 3-4-2025)

Sec. 8-1.02. - Reserved.

Editor's note— Ord. No. 006-25, § 3, adopted March 4, 2025, repealed § 8-1.02, which pertained to the planning commissions terms of office and derived from: § 2, Ord. 194, as amended by § 1, Ord. 454, and § 2, Ord. 739, eff. March 9, 1977; § 1, Ord. 1092, eff. March 7, 1990; § 1, Ord. 28-92, eff. Dec. 27, 1992; and Ord. No. 004-18, § 1, adopted Sept. 18, 2018. See § 8-1.01 for similar provisions.

Sec. 8-1.03. - Powers, functions, and duties.

The Planning Commission shall have all the powers, functions, and duties provided for by the State Planning Law, by the laws of the City, and as delegated in accordance with applicable laws.

§ 3, Ord. 194, as amended by Ord. 547, eff. March 20, 1968, and § 3, Ord. 739, eff. March 9, 1977)

CHAPTER 2. - SUBDIVISIONS Article 1. - General Provisions

Sec. 8-2.101. - Title.

The chapter shall be known and may be cited as the "Subdivision Regulations of the City of Yuba City."

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.102. - Authority.

This chapter is adopted pursuant to Government Code tit. 7, div. 2, entitled the "Subdivision Map Act."

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.103. - Purpose.

The purpose of this chapter is the regulation and control of the design and improvement of subdivisions within the City of Yuba City.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.104. - Fees.

The City Council shall establish by resolution, and may amend and revise from time to time, fees for

processing the various applications authorized or required by this title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full.

(§ 1, Ord. 17-92, eff. September 3, 1992)

Article 2. - Application of Regulations

Sec. 8-2.201. - Certificate of compliance.

Any person owning real property or a buyer carrying out a contract of sale for such real property may request the Planning Director to determine whether such real property complies with the provisions of the State Subdivision Map Act and with this chapter. A certificate of compliance may be requested to certify that the parcel was created pursuant to law or to establish conditions which may make the parcel compatible with the law.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.202. - Lot line adjustment.

A lot line common to abutting parcels may be adjusted solely for the purpose of correcting, confirming or relocating such lot line where a greater number of parcels than originally existed is not created.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.406. - Effect of recorded map.

A recorded parcel map of final map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(§ 2, Ord. 1095, eff. March 22, 1990)

Article 5. - Lot Line Adjustment

Sec. 8-2.501. - Requirements.

Any lot line adjustment must be reviewed by the Public Works Director and the Planning Director, and shall meet the following requirements:

(a)

Resulting lots shall comply with the provisions of this chapter and the City Zoning Regulations as to area and dimension. An exception may be granted in the case of a substandard lot, if the lot line adjustment does not result in a lot being substandard in any additional area or dimension;

(b)

A greater number of lots than originally existed is not created;

(c)

The proposal is consistent with the provision of the City General Plan.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.502. - Filing.

(a)

An application for a lot line adjustment shall be made on a form supplied by the Planning Director, shall be signed by all property owners involved, and shall include all applicable fees.

(b)

The application shall include two copies of a legibly drawn to scale map showing locations of existing and proposed lot lines and any structures, wells, septic tanks, leach lines and other improvements on the properties involved.

(c)

The application shall include the actual legal descriptions for conveyances that would be accomplished as the result of the adjustment. The legal descriptions shall be drawn by a qualified engineer or surveyor.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.503. - Fees.

At the time of acceptance of a filing for a lot line adjustment, the applicant shall pay an application fee of $100.

(§ 2, Ord. 1095, eff. March 22, 1990; § 1, Ord. 17-92, eff. September 3, 1992)

Sec. 8-2.504. - Conditions of approval.

The Public Works Director and Planning Director shall review the application for the lot line adjustment. Any approval of a lot line adjustment shall be subject to, but not limited to, the following conditions:

(a)

No new parcels or building sites shall be created as a result of this lot line adjustment.

(b)

Any deeds of trust shall be adjusted to reflect the new property descriptions.

(c)

The adjustment is not final until the descriptions accumulating and reducing the parcels affected are recorded together with an acknowledgement that prior parcel lines are eliminated by this action and that any deeds of trust have been adjusted to match the new property lines.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.505. - Denial.

When the Planning Director determines that the proposed lot line adjustment is not consistent with the provisions of this article, such application may be denied and the preparation of a parcel or final map may be required.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.506. - Recordation.

The person(s) requesting the lot line adjustment shall be responsible for recording said adjustment with the County Recorder and providing a copy of the recording data to the City.

(§ 2, Ord. 1095, eff. March 22, 1990)

Article 6. - Tentative and Vesting Tentative Maps

Sec. 8-2.601. - Preliminary conference.

Prior to the submittal of a tentative or vesting tentative map, the subdivider is encouraged to consult with the staff of the Planning Department for technical advice and procedural instructions. Preliminary sketches of the subdivision may be submitted and discussed. Any preliminary sketch should be to scale and in detail sufficient to indicate the essential characteristics of the subdivision, including the number, size, and design of the lots; the location and width of streets; the location of any important reservations or easements; the

relation of the subdivision to all surrounding lands; and any other details necessary to enable a preliminary review. The Planning Director shall schedule a conference with the subdivider and the Development Review Committee to discuss the preliminary map and make recommendations concerning the submittal of a tentative or vesting tentative map.

(§ 2, Ord. 1095, eff. March 22, 1990)

For subdivisions creating four or less parcels, 11 copies of the tentative or vesting tentative map shall be submitted to the Planning Department. For subdivisions creating five or more parcels, 14 copies of the tentative or vesting tentative map shall be submitted. Also required is a statement of the proposed division of any land and the information required by the Planning Director pertaining to the environmental impact of the proposed project. Vesting tentative maps shall be visibly designated with the title, "Vesting Tentative Map."

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.604. - Form and content.

(a)

Size and scale. Tentative and vesting tentative maps shall be 18 by 26 in. in size and to a scale of one in. equals 100 ft. for large areas, and to a scale one in. equals 50 ft. for small areas, unless otherwise approved by the Planning Director.

(b)

Information required. Every tentative and vesting tentative map shall be clearly and legibly reproduced and shall contain the following information.

(1)

A key or location map on which shall be shown the general area, including adjacent property, subdivisions and roads:

(2)

The tract name or number, date, north point, scale, and sufficient description to define the location and boundaries of the proposed tract;

(3)

The name and address of the recorded owner or owners;

(4)

The name and address of the subdivider;

(5)

The name and business address of the person who prepared the map;

(6)

The acreage of the proposed tract to the nearest tenth of an acre;

(7)

Sufficient elevations or contours or notations indicating the direction and percent of slope to determine the general slope of the land and the high and low point thereof;

(8)

The locations, names, widths, and grades of all roads, streets, highways, and ways in the proposed subdivision which are to be offered for dedication;

(9)

The locations, names, and existing widths of all adjoining and contiguous highways, streets, and ways;

(10)

The locations and size of all pipelines and structures used in connection therewith;

(11)

The location and character of all existing public utilities;

(12)

The widths, location, and purposes of all existing and proposed easements;

(13)

The lot layout, the dimensions of each lot, and the lot numbers;

(14)

The City limit lines occurring within the general vicinity of the subdivision;

(15)

The bearings and distances to quarter-section bounds within the general vicinity of the subdivision;

(16)

The boundaries of any units within the subdivision if the subdivision is to be recorded in stages;

(17)

The names of the owners of the lands immediately adjacent to the subdivision;

(18)

The outline of any existing buildings to remain in place and their locations in relation to the existing or proposed streets and lot lines, along with the location of any existing wells and/or septic systems and leaching fields;

(19)

The location of any trees proposed to remain in place standing within the boundaries of the proposed public rights-of-way;

(20)

The location of all areas subject to inundation or stormwater overflow and the location, width, and direction of flow of all watercourses; and

(21)

Typical sections of the proposed street improvements.

(c)

Statement required. A statement shall be prepared by the subdivider in written form accompanying the map and shall contain the following information:

(1)

The improvements and public utilities proposed to be made or installed and the time at which such improvements are proposed to be completed;

(2)

The proposed plan for drainage;

(3)

The provisions for sewerage and sewage disposal;

(4)

The provisions for the proposed water supply;

(5)

The public areas proposed;

(6)

The type and location of street lighting proposed;

(7)

The proposed building setback lines and the width of side yards;

(8)

The justification and reasons for any exceptions to the provisions of this chapter or for any amendments to the zoning laws which may be requested in conjunction with the subdivision proposed;

(9)

A copy of any restrictive covenants, bylaws, or articles of incorporation proposed shall be attached to the owner's statement as required.

(10)

The existing use or uses of the property;

(11)

The proposed use of uses of the property;

(12)

The tree plantings proposed;

(13)

A statement from the owner of record, if different than the subdivider, consenting to the division of land by subdivision; and

(14)

A statement giving the name and address of the individual designated to receive all official communications regarding the subdivision.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.605. - Acceptance.

The Planning Director shall examine the tentative or vesting tentative map and environmental documents upon presentation. Such map or documents shall not be accepted for distribution unless they are in full conformance with this chapter as to form, data, information, and other matters required to be shown or furnished.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.606. - Distribution.

The Planning Director shall send copies of the tentative or vesting tentative map, together with the accompanying data, to such public agencies, utility companies and departments as may be concerned.

Each of the public agencies, utilities and departments shall within ten days from receipt of the copy of a tentative or vesting tentative map, or within 30 days if a draft environmental impact report is required, forward to the Planning Director a written report of their findings and recommendations. If a reply is not received within the time allowed by this section, it will be assumed that the map conforms to the requirements of the public agency or utility company concerned.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.607. - Filing.

A tentative or vesting tentative map shall not be considered filed until the environmental assessment is complete and the written reports specified in Section 8-2.606 of this article have been received by the Planning Department. The date of filing shall be indicated on the file copy of the tentative or vesting tentative map and accompanying data by the Planning Department. The Planning Director shall present the tentative or vesting tentative map to the Development Review Committee for its recommendations to the Planning Commission. The Committee shall cause a report to be made to the Planning Commission on the tentative or vesting tentative map for further proceedings in accordance with the provisions of this chapter. The Committee's report shall represent the recommendation of the various departments and agencies involved in the Committee's proceedings.

(§ 2, Ord. 1095, eff. March 22, 1990)

The Planning Director shall prepare a written report on the conformity of the tentative and vesting tentative map in relation to the provisions of the General Plan, the zoning laws, the report of the Development Review Committee, and all other applicable requirements of this chapter and other regulations of the City. The subdivider shall be provided with a report and recommendations on the tentative or vesting tentative map at least three days prior to any hearing or action on the map by the Planning Commission or the Council. The report and recommendations shall be made in writing and mailed directly to the subdivider at the address designated in the subdivider's statement.

(§ 2, Ord. 1095, eff. March 22, 1990)

The Planning Commission shall take action to approve, conditionally approve or deny a tentative or vesting tentative map within 50 days after the map is filed, unless such time is extended by agreement with the subdivider.

(a)

Findings. If the Planning Commission finds that the proposed map complies with the requirements of this chapter, the State Subdivision Map Act, and the zoning laws of the City, it shall approve or conditionally approve the map. The Planning Commission shall deny a tentative or vesting tentative map if it makes any of the following findings:

(1)

That the map proposed is not consistent with applicable general and specific plans;

(2)

That the design or improvement of the proposed subdivision is not consistent with applicable General and specific plans or adopted City standards;

(3)

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

(4)

That the site is not physically suitable for the type of development;

(5)

That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(6)

That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

(7)

None of the findings in Section 6-9.601 of the Municipal Code is satisfied; or

(8)

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. The Planning Commission may approve a map if it finds that alternate easements, for access or use, will be provided and will be substantially equivalent to those previously acquired by the public. The provisions of this subsection shall apply only to easements of record or to easements established by a judgment of a court of competent jurisdiction.

(b)

Reports to subdividers. Planning Commission actions shall be reported to the subdivider or designated representative by notice placed in the mail within three days of such action.

(c)

Reports to Council. Following action by the Planning Commission, a copy of the tentative or vesting tentative map, together with a copy of the Planning Commission action, shall be referred to the Council for its information.

(d)

Appeals of Planning Commission. Any aggrieved person may appeal any determination or requirement of the Planning Commission in accordance with the provisions of Article 11 of this chapter.

(§ 2, Ord. 1095, eff. March 22, 1990)

(Ord. No. 009-16, § 2(Att. A, § 4), 9-20-2016)

(a)

The approval or conditional approval of a tentative map shall be valid for two years within which time a parcel or final map substantially conforming to the approved tentative map and complying with conditions imposed may be submitted to the City Engineer for acceptance and recordation. Two extensions of time not to exceed 18 months each may be granted by the Planning Commission. Extensions must be requested in writing and filed with the Planning Director by the subdivider not less than 30 days in advance of the expiration of the tentative map.

(b)

The expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no parcel or final map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map.

(c)

The period of time specified in subsection (a) of this section shall not include any period of time during which a development moratorium is in effect according to the State Subdivision Map Act.

(d)

The period of time specified in subsection (a) of this section, including any extension thereof, shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in court according to the State Subdivision Map Act.

(§ 2, Ord. 1095, eff. March 22, 1990; § 1, Ord. 17-92, eff. September 3, 1992)

Sec. 8-2.611. - Expiration of vesting tentative maps.

The approval or conditional approval of a vesting tentative map shall be valid for the same period of time as a tentative map as stated in Section 8-2.610 of this article, in addition to the following time periods:

(a)

After the recording of the parcel or final map, the rights given by a vesting tentative map as provided in the State Subdivision Map Act and this chapter shall be valid for an initial time period of one year with a maximum extension of one additional year. Extensions must be requested in writing and filed with the Planning Director by the subdivider not less than 30 days in advance of the expiration of the vesting tentative map.

(b)

The initial time period shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design review of the time used by the City to process the application exceeds 30 days from the date that a complete application is filed. Any time prior to the expiration of the initial time period the subdivider may apply for a one-year extension. Extensions must be requested in writing and filed with the Planning Director by the subdivider not less than 30 days in advance of the expiration of the vesting tentative map. If the extension is denied by the Planning Commission, the subdivider may appeal that denial to the City Council within 15 days of the action in accordance with the provisions of Article II of this chapter.

(c)

If the subdivider submits a complete application for a building permit during the periods of time specified in subsection (a) of this section, the rights conferred by the State Subdivision Map Act and this chapter shall continue until the expiration of that permit, or any extension of that permit granted by the City.

(§ 2, Ord. 1095, eff. March 22, 1990; § 1, Ord. 17-92, eff. September 3, 1992)

Sec. 8-2.612. - Amendments to approved tentative or vesting tentative maps.

(a)

Minor changes to an approved tentative or vesting tentative map may be approved by the Planning Director provided:

(1)

No lots, units or buildings sites are added.

(2)

Such changes are consistent with the intent of the original approved tentative map.

(3)

There are no resulting violations of the Yuba City Municipal Code.

(b)

Amendments to the approved tentative or vesting tentative map other than minor, shall be made by filing an application in map form and in writing with the Planning Director. Such application shall be processed in the same manner as an original application for a tentative or vesting tentative map.

(c)

Any approved minor amendments shall not alter the expiration date of the tentative or vesting tentative map.

Article 7. - Parcel Map

Sec. 8-2.701. - Filing.

Within the time stated in Section 8-2.610 of this chapter a subdivider may have a parcel map prepared by a registered civil engineer or licensed land surveyor in conformance with the tentative or vesting tentative map as approved or conditionally approved by the Planning Commission. The parcel map shall be filed with the City Engineer along with a statement signed by the recorded property owner authorizing the recordation of the parcel map.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.702. - Accompanying data.

At the time of filing a parcel map with the City Engineer, the subdivider shall also submit the appropriate documents specified in Section 8-2.802 of this chapter.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.703. - Fees.

At the time of filing a parcel map, the subdivider shall pay a copy fee and a recording fee as required for recordation of the map in the Sutter County Recorder's Office.

(§ 2, Ord. I 095, eff. March 22, 1990)

Sec. 8-2.704. - Form and content.

The parcel map shall be prepared in conformance with the provisions of subsections (a) through (j) of Section 8-2.804 of this chapter and shall include the following:

(a)

The Engineer's certificate;

(b)

The City Engineer's certificate;

(c)

The County Recorder's certificate;

(d)

The dedication certificate;

(e)

The Planning Director's certificate;

(f)

The Tax Collector's Certificate; and

(g)

Certificate by parties holding title.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.705. - Public improvement agreements.

If, at the time of the filing of the parcel map by the subdivider, any public improvements required by the City pursuant to the provisions of this chapter have not been completed and accepted in accordance with the City standards applicable at the time of the approval or conditional approval of the tentative or vesting tentative map, the subdivider, as a condition precedent to the recordation of the parcel map, shall enter into an agreement with the City, upon mutually agreeable terms, to thereafter complete such improvements at the subdivider's expense. Such agreement shall be secured by improvement security in the amount and form as set forth in Article 10 of this chapter.

(a)

Agreements for deferment of public improvement may be approved by the City Council if any of the public improvements required by the City pursuant to the provisions of this chapter and/ or required as a condition of the tentative or vesting tentative map are not practical, in the opinion of the City Engineer, to construct at the time of the filing of the parcel map. In such event, the subdivider, is required to enter into an agreement approved by the City Council which guarantees that the required improvements shall be constructed within 90 days of the date within which such improvements are determined by the City to be practical and necessary to be constructed. The form of said guarantees and assurances of the agreement shall be as determined appropriate by the City.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.706. - Action by City Engineer.

Upon receipt of the parcel map, together with the required fees and data, the City Engineer shall determine whether the map is technically correct and substantially conforms with the approved tentative map and with all the changes and requirements imposed as conditions of approval by the Planning Commission. If the City Engineer determines that the parcel map fully conforms with all the requirements set forth in this chapter, he or she shall so certify on the map. The City Engineer shall also refer the parcel map to the Planning Director for review.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.707. - Action by Planning Director.

The Planning Director shall examine the parcel map and determine if the map is in substantial conformance with the tentative or vesting tentative map approved by the Planning Commission and, upon such finding, shall execute appropriate certificate on the map. The Planning Director shall, upon certification, refer the parcel map back to the City Engineer.

(§ 2, Ord. 1095, eff. March 22, 1990)

After the approval of a parcel map and acceptance of any dedications by the City, the City Clerk shall transmit the map to the County Recorder unless any part of the subdivision is subject to a lien for taxes or special assessments not yet payable. In the case where such a lien exists, the map shall be sent by the City Clerk to the Clerk of the County Board of Supervisors for ultimate transmittal to the County Recorder.

(§ 2, Ord. 1095, eff. March 22, 1990)

Article 8. - Final Map

Sec. 8-2.801. - Filing.

Within the time period established in Section 8-2.610 of this chapter, a subdivider may have a final map prepared of the proposed subdivision, or any part thereof, in conformance with the tentative or vesting tentative map as approved or conditionally approved by the Planning Commission.

(§ 2, Ord. 1095, eff. March 22, 1990)

Prior to or at the time of submitting the final map of a subdivision to the City Engineer, the subdivider shall also permit the following documents:

(a)

Traverse sheets. Calculation and traverse sheets, in a form approved by the City Engineer, giving the bearings and distances and coordinates of the boundaries of the subdivision and the blocks and lots therein shown on the final map;

(b)

Public improvement plans. The original tracings of detailed plans, cross-sections, and profiles as set forth in this chapter, and of all other improvements proposed to be installed as required by the provisions of this chapter, and of all other improvements proposed to be installed by the subdivider in, on, over, or under any street, right-of-way, easement, or parcel of land dedicated by the map or previously dedicated, including the estimated cost thereof, shall be filed with the City Engineer for his or her approval and signature. All such plans shall be prepared in accordance with the requirements of the City Engineer. Plan sheets shall be 24 by 36 in., with a one-in. left margin. The original tracings, as corrected, shall be filed in the Office of the City Engineer;

(c)

No-access rights. All no-access rights certificates shall be shown on the final map where required by the City Engineer;

(d)

Design data. Design data assumptions and computations for property analysis in accordance with sound engineering practices shall be provided as required by the City Engineer;

(e)

Reports and guarantees of clear title. The final map shall be accompanied by a current report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of such map and for the dedication of the streets, alleys and other public places shown on the maps. As of the date of the preparation of the report it shall certify that the persons named in the report are all of the persons necessary to give clear title to such subdivision. At the time of recording such map, following approval, a guarantee shall be executed by a duly authorized title company and shall be filed with the County Recorder. This guarantee shall show that the persons consenting to the preparation and recordation of such map and offering for dedication the streets, alleys, and other public places shown thereon, are all of the persons necessary to pass clear title to such subdivision and the dedications shown thereon. This agreement shall also include the names of such persons;

(f)

Agreement and bonds. The agreement and improvement security specified in Sections 8-2.809 of this article and Article 10 of this chapter; and

(g)

Deed restrictions, bylaws and/or articles of incorporation. Two copies of all deed restrictions, bylaws and/ or articles of incorporation.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.803. - Fees.

At the time of filing a final map, the subdivider shall pay a copy fee and a recording fee as required for recordation of the map by the County Recorder.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.804. - Form and content.

The final map shall be prepared by or under the direction of a civil engineer or licensed land surveyor, shall be based upon a survey and shall conform to all of the following provisions:

(a)

Materials. The map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on a polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility;

(b)

Size and scale. The size of each sheet shall be 18 by 26 in. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one in. The scale of the map shall be sufficient to show all details clearly and in no case shall be greater than one in. equals 100 ft. nor less than one in. equals 50 ft. Sufficient sheets shall be used to accomplish this end. The number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and the relation of each adjoining sheet shall be clearly shown by the date of the survey, north point, written graphic scale and other information as necessary. The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made therefrom;

(c)

Title. The title of each sheet of such final map shall consist of the approved name and unit number of the tract, if any, at the lower right-land corner of the sheet, followed by the words "City of Yuba City." Maps filed for the purpose of showing acreage land previously subdivided shall be conspicuously marked with the words "Reversion to Acreage";

(d)

Coordinate system. Wherever the City Engineer has established a system of coordinates, then the survey shall be tied into such system. The adjoining corners of all adjoining lots shall be identified by lot and block numbers, subdivision name, and place of record or other proper designation;

(e)

Subdivision boundaries. An accurate and complete boundary survey to second order accuracy shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block when computed from field measurements on the ground, shall close within a limit of one ft. to 10,000 ft. The boundary of the subdivision shall be indicated on the final map by a red-orange border applied to the reverse side of the tracing;

(f)

Dimensions, bearings and curve data. The final map shall show all of the survey and mathematical information and data necessary to locate all monuments thereon, including bearings and distances of straight lines and central angles, radii, arc lengths of curves and such information as may be necessary to determine the location of the centers of the curves;

(g)

Lots and blocks. All lots and blocks and all parcels offered for dedication for any purpose shall be particularly delineated and designated with all dimensions, boundaries and courses clearly shown and defined in every case. Parcels offered for dedication or for special purposes other than for streets and easements shall be designated by letter. Sufficient linear, angular and curve data shall be shown to provide block, lot, and parcel which is a part thereof. Sheets shall be so arranged that no lot is split between two or more sheets, and, wherever practicable, blocks in their entirety shall be shown on one sheet. No ditto marks shall be used for dimensions. Lot numbers shall begin with the numeral "1" and continue consecutively throughout the tract, with no omissions or duplications;

(h)

Streets. The map shall show the right-of-way lines of each street, the width of any portion being dedicated and widths of any existing dedications. The widths and locations of adjacent streets and other public properties within 50 ft. of the subdivision shall be shown. If any street in the subdivision is a continuation or approximately a continuation of any existing street, the conformity or the amount of nonconformity of such street to such existing streets shall be accurately shown. Whenever the center line of a street has been established or recorded, the data shall be shown on the final map;

(i)

Easements. The side lines of all easements, including utility and new access easements, shall be shown by fine dashed lines. If any easement already of record cannot be definitely located, a statement of the existence, the nature thereof, and its recorder reference shall appear on the title sheet. Distances and bearings on the side lines of lots which are cut by an easement shall be narrowed or be so shown that the map will indicate clearly the actual lengths of the lot line. The widths of all easements, and sufficient ties thereto to definitely locate the same with respect to the subdivision, shall be shown. All easements shall be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference shall be given. If an easement is being dedicated by the map, it shall be set out in the owner's certificate of dedication;

(j)

Monuments. The map shall fully and clearly show those stakes, monuments or other evidence used to determine the boundaries of the subdivision that were found on the ground and each adjacent corner of each adjoining subdivision, or portion thereof, by lot and block number, tract name or number, and place of record, by section, municipality, and range or by other proper designation. Any monument or benchmark, as required by this chapter, that is disturbed or destroyed before the acceptance of all improvements shall be shown on the final map:

(1)

The location of all monuments placed in making the survey. If any points were reset by ties, that fact shall be stated;

(2)

Concrete monuments depressed below the street grade with a cast iron ring and cover of a type approved by the City Engineer shall be set at intersections of street center line tangents or offsets therefrom, or as required by the City Engineer. The exact location of all such monuments shall be shown on the final map;

(3)

All lot corners shall be permanently monumented; and

(4)

All monuments shall be set prior to the acceptance of the public improvements by the City Council;

(k)

Certificates, acknowledgments and descriptions. The title sheet of the map, below the title, shall show the name of the engineer or surveyor, together with the date of the survey, the scale of the map and the number of sheets. The following certificates, acknowledgments and descriptions shall appear on the title sheet of the final map, and such certificates may be combined where appropriate:

(1)

Certificates by parties holding title. A certificate in accordance with the provisions of the State Subdivision Map Act;

(2)

Dedication certificates. A certificate in accordance with the provisions of the State Subdivision Map Act;

(3)

Engineer's certificates. A certificate in accordance with the provisions of the State Subdivision Map Act;

(4)

Certificates to be executed. Certificates for execution by each of the following:

(i)

The City Engineer;

(ii)

The City Clerk;

(iii)

The Planning Director; and

(l)

Description of property. A description of all property being subdivided by reference to maps or deeds of the property shown thereon as shall have been previously recorded or filed shall be filed with the final map. Each reference in such description to any tract or subdivision shall show a complete reference to the book and page of records of the County Recorder. The description shall also include a reference to any vacated area with the number of the ordinance vacating the area.

(m)

Certificates regarding tax liens. Prior to the filing of the final map with the Council, the subdivider shall file the certificate and documents set forth in the State Subdivision Map Act, or any amendments thereto, relating to taxes and assessments, including the division of assessments.

(n)

Other affidavits, certificates and the like. Such other affidavits, certificates, acknowledgments, endorsements and notarial seals as are required by law and by this article shall be filed.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.805. - Certificates of insurance.

The public improvement agreement shall provide for a certificate of insurance in the terms and amount as approved by the City Attorney naming the City as additionally insured.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.806. - Action by City Engineer.

Upon the receipt of the final map and other data submitted therewith, the City Engineer shall examine the same to determine that the subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof, that all the provisions of this chapter and the State Subdivision Map Act applicable at the time of the approval of the tentative map have been complied with, and that he or she is satisfied that the map is technically correct. If the City Engineer shall determine that the final map is not in full conformity with the tentative map, he or she shall advise the subdivider of the changes or additions that shall be made to provide conformity and shall afford the subdivider an opportunity to make such changes or additions. If the City Engineer shall determine that full conformity therewith has been made, he or she shall so certify on the map and shall transmit the map to the City Clerk, together with any documents which may have been filed therewith, for presentation to the Council.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.807. - Action by Planning Director.

The Planning Director shall examine the final map and determine if the map is in substantial conformance with the tentative map approved by the Planning Commission and, upon such finding, shall execute the appropriate certificate on the map.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.808. - Approval by City Council.

At its first regular meeting following the filing of the final map with the City Clerk, as set forth in Section 8- 2.806 of this article, the Council shall consider the map, the plan of subdivision and the offers of dedication. If the Council determines that the map is in conformity with the requirements of this chapter and that it is satisfied with the plan of subdivision, it shall approve the map. At the time the Council approves a final map, it shall also accept, subject to improvement or reject any offer of dedication. The City Clerk shall certify on the map the action by the Council.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.809. - Public improvement agreements.

If, at the time of the approval of the final map by the Council, any public improvements required by the City pursuant to the provisions of this chapter have not been completed and accepted in accordance with the City standards applicable at the time of the approval or conditional approval of the tentative map, the Council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement with the City upon mutually agreeable terms, to thereafter complete such improvements at the subdivider's expense. Such agreement shall be secured by improvement security in the amount and form set forth in Article 10 of this chapter.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.810. - Disapproval by City Council.

If the Council shall determine either that the final map is not in conformity with the requirements of this chapter or that it is not satisfied with the plan of subdivision, it shall disapprove the map, specifying its reason therefor, and the City Clerk shall, in writing, advise the subdivider of such disapproval and of the reason or reasons for such disapproval. No final map shall have any force or effect until it has been approved by the Council, and no offer of dedication shall be accepted until the City Clerk has recorded the map with the County Recorder.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.811. - Recordation.

After Council approval of the final map, as set forth in Section 8-2.808 of this article, the City Clerk shall transmit the map to the County Recorder unless any part of the subdivision is subject to a lien for taxes or special assessments not yet payable. In the case where such a lien exists, the map shall be set by the City Clerk to the Clerk of the County Board of Supervisors for ultimate transmittal to the County Recorder.

(§ 2, Ord. 1095, eff. March 22, 1990)

Article 9. - Reversion to Acreage

Sec. 8-2.901. - Initiation of proceedings by owner.

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of property. The petition shall be on a form prescribed by the Planning Director. The petition shall contain the information required by Section 8-2.904 of this article and such other information as required by the Planning Director.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.902. - Initiation of proceedings by City Council.

The City Council, at the request of any person or on its own motion, may by resolution initiate proceedings to revert property to acreage. The City Council shall direct the Planning Director to obtain the necessary information to initiate and conduct the proceedings.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.903. - Fees.

Petitions to revert property to acreage shall be accomplished by a fee as required for recordation of the map by the County Recorder.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.904. - Content of petition.

The petition shall be in a form prescribed by the Planning Director and shall contain but not be limited to the following:

(a)

Evidence of title to the real property; and

(b)

Evidence of the consent of all of the owners having an interest in the property; and

(c)

Evidence that none of the improvements required to be made have been made within two years from the date the parcel or final map was filed for record or within the time allowed by agreement for completion of the improvements, whichever is later; or

(d)

Evidence that no lots shown on the parcel or final map have been sold within five years from the date such parcel or final map was filed for record.

In lieu of a petition for reversion to acreage a property owner(s) may file a tentative map in the form prescribed by Article 6 followed by a parcel or final map in the form prescribed by Article 7 or Article 8 of this chapter which map delineates dedications which will not be vacated and dedications which are condition to reversion. Parcel or final maps shall be visibly designated with the title, "The Purpose of this Map is a Reversion to Acreage."

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.905. - Planning Director's report.

The Planning Director shall prepare a written report on the conformity of the requested reversion to acreage in relation to the provisions of the General Plan, the zoning laws, the report of the Development Review Committee, and all other applicable requirements of this chapter and other regulations of the City. The petitioner shall be provided with a report and recommendations on the requested reversion of acreage at least three days prior to any hearing or action on the petition by the Council. The report and recommendation shall be made in writing and mailed directly to the petitioner at the address designated in the petition.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.906. - Approval by City Council.

A public hearing shall be held by the City Council on all petitions for reversion to acreage. Notice of the public hearing shall be given as provided in Section 8-2.305 of this chapter. The Planning Director may give such other notice as is deemed necessary or advisable.

The City Council may approve a reversion to acreage only if it finds and records by resolution that:

(a)

Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

(b)

Either:

(l)

All owners of an interest in the real property within the subdivision have consented to reversion; or

(2)

None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(3)

No lots shown on the final or parcel map were sold within five years of original recordation.

The City Council may require as conditions of the reversion:

(i)

The owners dedication or offer to dedicate streets, public rights-of-ways or easements; and

(ii)

The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same as necessary to accomplish any of the provisions of this chapter.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.907. - Filing for recordation.

Upon Council approval of the reversion to acreage, the City Clerk shall transmit the maps, together with the City Council's resolution approving the reversion, to the County Recorder for recordation.

A reversion to acreage shall be effective upon the map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedications not shown on the final or parcel map for reversion shall be of

no further force and effect.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.908. - Exclusion.

Exclusion may be affected when in conformance with the provisions of Chapter 6, Article 2 of the State Subdivision Map Act.

(§ 2, Ord. 1095, eff. March 22, 1990)

Article 10. - Improvement Security

Sec. 8-2.1001. - Improvement security required.

Whenever this chapter authorizes or requires the furnishings of security in connection with the performance of any act or agreement, such security shall be one of the following at the option of and subject to the approval of the City:

(a)

A bond or bonds by one or more duly authorized corporate sureties; or

(b)

A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for security deposits of public moneys; or

(c)

An instrument of credit from one or more financial institutions subject to regulations by the State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution; or

(d)

A lien upon the property to be divided, created by contract between the owner and the City, if the City finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1002. - Form of security.

(a)

Bonds. A bond or bonds by one or more duly authorized corporate sureties shall be obtained to secure the faithful performance or security of laborers and material men and shall be in substantially the form prescribed by the State Subdivision Map Act.

(b)

Amount of security. The amount of improvement security shall be based upon the total estimated cost of the improvements as determined by the City Engineer. Improvement security securing the faithful performance of the subdivision agreement shall be an amount equal to 100% of such estimated cost of the improvements. At least 5% of such faithful performance security shall be retained for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done or defective materials furnished. Improvement security securing payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement of the performance of the required act shall be an amount equal to 100% of the total estimated cost of the improvement, except if such securities is in the form of a cash deposit or deposit or instrument of credit, the amount shall be equal to 50% of the total estimated cost of the improvements.

(c)

Liability on security. Any liability upon the security given for the faithful performance of any act or agreement shall be limited to the condition prescribed by the State Subdivision Map Act.

(d)

Release of security. Improvement security may be released in whole or in part in the manner prescribed by the State Subdivision Map Act and in accordance with any such rules prescribed by the City Council.

(§ 2, Ord. 1095, eff. March 22, 1990)

Article 11. - Appeals

Sec. 8-2.1101. - Notices of appeal.

Appeals may be made from any decision or determination or requirement of the Planning Director, the Planning Commission or the City Engineer by any person aggrieved. Appeals shall be made by filing a notice thereof in writing with the City Clerk within ten days after such decision or determination or requirement is rendered. However, if the Planning Commission denies an extension of time for a tentative or vesting tentative map, the appeal period is within 15 days of the Planning Commission's decision. All such appeals shall set forth in detail the action and grounds upon which such person bases a grievance.

(§ 2, Ord. 1095, eff. March 22, 1990; § 1, Ord. 17-92, eff. September 3, 1992)

Sec. 8-2.1102. - Report of the City Clerk to the Planning Commission and City Engineer.

The City Clerk shall report the filing of such notice to the Planning Director, Planning Commission and the City Engineer. A written report shall be submitted to the Council by the agent or agency whose decision, determination or requirement is being appealed not later than the date set for hearing such appeal.

(§ 2, Ord. 1095, eff. March 22, 1990

Sec. 8-2.1103. - Action on appeals.

Upon the filing of an appeal, the Council shall set the matter for hearing. Such hearing shall be held within 30 days after the date of filing the appeal. Upon the conclusion of the hearing, the Council shall, within ten days, declare its findings based upon the testimony and documents before it. The Council may overrule or

modify the decision, determination or requirement appealed from and enter any such orders as are in harmony with the spirit and purposes of this chapter.

(§ 2, Ord. 1095, eff. March 22, 1990

Article 12. - Correction and Amendments to Filed Maps

Sec. 8-2.1201. - Requirements.

After a final or parcel map is filed in the office of the County Recorder, it may be amended by a certificate of correction or an amending map:

(a)

To correct an error in any course or distance shown;

(b)

To show any course or distance that was omitted therefrom;

(c)

To correct an error in the description of the real property shown on the map;

(d)

To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;

(e)

To show the proper location of any monument which has been changed in location, or character or originally was shown the wrong location or incorrectly as to its character; or

(f)

To correct any other type of map error or omission as approved by the City Engineer, which does not affect any property right. Errors and omissions may include, but not be limited to, lots and numbers, acreage, street names and identification of adjacent record maps. Error does not include changes in courses or distances from which an error cannot be determined from the data shown on the final or parcel map.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1202. - Fees.

At the time of submittal of an amended map or certificate of correction the subdivider shall pay a recording fee as required for recordation of the map by the County Recorder.

(§ 2, Ord. I 095, eff. March 22, 1990)

Sec. 8-2.1203. - Form and content.

The amending map or certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor. An amending map shall conform to Article 7 of this chapter if a parcel map, or Article 8 of this chapter if a final map. The amending map or certificate of correction shall show or explain in detail the corrections made and list the names of the present owners of the property who will be affected by the correction or omission.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1204. - Action by City Engineer.

The amending map or certificate of correction shall be reviewed by the City Engineer and if the only changes made are those set forth in Section 8-2.1201(a) through (f) of this article, the Engineer shall certify the amending map or certificate of corrections.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1205. - Recordation.

An amending map or certificate of correction which has been certified by the City Engineer, shall be filed in the office of the County Recorder. Upon such filing, the County Recorder shall index the names of the property owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index respectively. The original map shall be considered to have been corrected and shall give notice of all the corrections in the same manner as if it were on the original map.

(§ 2, Ord. 1095, eff. March 22, 1990)

Article 13. - Definitions

Sec. 8-2.1301. - Terms and words.

Except as otherwise provided in this article, all terms used in this chapter which are defined in the State Subdivision Map Act, and those terms set forth in Section 1-3.13 of Chapter 3 of Title 1 of this Code are used in this chapter as so defined, unless from the context hereof it clearly appears that a different meaning is intended.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1302. - Advisory agency.

"Advisory agency" shall mean the City Planning Commission who has the authority under this chapter to approve, conditionally approve or disapprove maps of proposed divisions of real property.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1303. - Certificate of compliance.

"Certificate of compliance" shall mean a certificate prepared by the City and recorded by the property owner or his or her agent which determines that the subdivision of real property complies or conditionally

complies with the provisions of the State Subdivision Map Act and City ordinances enacted pursuant thereto. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1304. - Design.

"Design" shall mean:

(a)

Street alignments, grades and widths;

(b)

Drainage and sanitary facilities and utilities, including alignments and grades thereof;

(c)

Location and size of all required easements and right-of-way;

(d)

Fire lanes;

(e)

Lot size and configuration;

(f)

Traffic access;

(g)

Grading;

(h)

Land to be dedicated for park or recreational purposes; and

(i)

Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the General Plan or an adopted specific plan of the City.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1305. - Development.

"Development" shall mean the uses to which the land, which is the subject of the map, shall be put, the buildings to be constructed on it, and all other alterations of the land.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1306. - Final map.

"Final map" shall mean a map prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor in accordance with the provisions of the State Subdivision Map Act and this chapter which delineates the division of land into five or more residential lots and show the design, improvements and dedications of the proposed subdivision. This map is designed to be placed on record in the office of the County Recorder.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1307. - Improvement.

(a)

"Improvement" shall refer to any street work and utilities to be installed or agreed to be installed, by the subdivider, either on-site or off-site, to be used for public or private street, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof;

(b)

"Improvements" also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1308. - Lot.

"Lot" shall mean a parcel or portion of land established for purposes of sale, lease, finance, division of interest or separate use, separated from other lands by description on a final map or parcel map.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1309. - Lot line adjustment.

"Lot line adjustment" shall mean a minor shift or rotation of an existing lot line or other adjustments where a greater number of parcels than originally existed is not created, as approved by the Planning Director and Public Works Director.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1310. - Parcel map.

"Parcel map" shall mean a map prepared by or under the direction of a qualified registered civil engineer or licensed land surveyor in accordance with the State Subdivision Map Act and this chapter which delineates the division of land into four or less residential lots or any number of commercial or industrial lots and shows the design, improvements and dedications of the proposed subdivisions. This map is designed to be placed on record in the office of the County Recorder.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1311. - Planning director.

"Planning Director" shall mean the City Planning Director or authorized representative.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1312. - Reversion to acreage.

"Reversion to acreage" shall mean the changing of subdivided property, as shown on the latest equalized county assessment roll, to acreage.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1313. - Subdivider.

"Subdivider" shall mean a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided, real property into a subdivision for himself or herself or for others.

(§ 2, Ord. I 095, eff. March 22, 1990)

Sec. 8-2.1314. - Subdivision.

"Subdivision" shall mean 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 except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, street, utility easement or railroad rights-of-way. "Subdivision" shall include a condominium project, as defined in the Civil Code, a community apartment project, as defined in the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in the Business and Professions Code. As used in this section, "agricultural purposes" shall mean the cultivation of food or fiber or the grazing or pasturing of livestock.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1315. - Development review committee.

"Development Review Committee" shall mean the following officials or their duly authorized representatives: the Planning Director and the Director of Public Works and other department heads as may be affected by the proposed subdivision.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1316. - Tentative map.

"Tentative map" shall mean a map prepared by or under the direction of a registered civil engineer or licensed land surveyor in accordance with the provisions of the State Subdivision Map Act and this chapter to show the design of a proposed subdivision and the existing conditions in and around the land proposed to be divided. Such map need not be based upon an accurate or detailed field survey; however, it shall be graphically accurate to reasonable tolerances.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1317. - Urban lot split.

"Urban lot split" shall mean the division of a single parcel into two separate parcels in compliance with the provisions of Article 16 of Chapter 2 of Title 8 (Urban Lot Splits).

(Ord. No. 006-22, § 3, 3-15-2022)

Sec. 8-2.1318. - Vesting tentative map.

"Vesting tentative map" refers to a map which meets the requirements of a tentative map and when approved or conditionally approved, gives the subdivider a vested right to develop the property in compliance with the ordinances, policies and standards in effect at the time the subdivider filed a complete application with the City.

(§ 2, Ord. 1095, eff. March 22, 1990; Ord. No. 006-22, § 3, 3-15-2022)

Editor's note— With the inclusion of Ord. No. 006-22, which added new provisions desinated as § 8- 2.1317, said existing section has been renumbered as 8-2.1318 as herein set out above.

Article 14. - Standards and Requirements for Subdivisions

Sec. 8-2.1401. - Requirements.

Except where modified in accordance with the provisions of this chapter, each subdivision and the map thereof shall be in conformity with the standards set forth or referred to in this article.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1402. - Buildable lots.

All subdivisions shall result in the creation of lots which are developable and capable of being built upon. No subdivision shall create lots which are impractical of improvement due to size or shape, location of water courses, or problems of sewage or driveway grades or other natural physical conditions.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1403. - Lot standards.

The size, shape, and orientation of lots shall be appropriate to the location of the proposed subdivision and to the types of developments contemplated. The following principles and standards shall be observed:

(a)

The minimum area and dimension of all lots shall conform to the requirements of the zoning laws of the City for the district in which the subdivision is located;

(b)

No residential lot shall have a width less than 50 ft. at the street frontage, except for residential lots on curved or cul-de-sac streets, which shall have a minimum street frontage of 40 ft. and a minimum width at the established front yard building setback line of 50 ft.;

(c)

The side lines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if such street is curved. The side lines of lots shall be approximately radial to the center of the curvature of a cul-de-sac on which the lot faces;

(d)

No lot shall be divided by a City boundary line nor any boundary between parcels registered under separate ownership. Each such boundary line shall be made a lot line;

(e)

Lots having double frontage shall not be approved, except where necessitated by unusual conditions. The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisions of this chapter, unless the general layout in the vicinity, lines of ownership, topographical conditions, or locations of major streets or freeways justify or make necessary a variation from this requirement;

(f)

No remnants of property shall be left in the subdivision which do not conform to the lot requirements or are not required for a private utility or public purpose.

(§ 2, Ord. 1095, eff. March 22, 1990)

All lots or parcels created by the subdivision of lands shall have access to a public street improved to the standards hereinafter required. Private streets shall not normally be permitted. However, if the Planning Commission finds that the most logical development of the land requires that lots be created which are served by a private street or other means or access, and makes such findings in writing with the reasons therefor, then such access may be approved by the Planning Commission. The subdivider shall submit a development plan showing the alignment, width, grade and material specifications of any proposed private street, the drainage and sewerage of the lots served by such private streets, and a plan satisfactory to the Council for the ownership and maintenance of such street and the liability for taxes thereon. The construction of the private streets or access shall be completed prior to the occupancy of any buildings on lots served by a private street.

(§ 2, Ord. 1095, eff. March 22, 1990)

(a)

Conformance. Streets shall conform in principle to the streets shown on the Circulation Element of the General Plan and in width and alignment to the streets shown on any precise plan adopted by the Council relating to streets and shall conform to the requirements of this chapter. Streets not shown on a General or precise plan shall conform to the requirements of the City and of this chapter.

(b)

Minimum standards. Where higher standards have not been established as set forth in subsection (a) of this section, all major and minor streets shall be platted according to the following minimums, except that higher standards may be required where streets are to serve commercial or industrial property or where probable traffic conditions warrant:

• Plus additional easements for utilities.

** Minimum cul-de-sac right-of-way radius is 44.5 ft.

"Interior residential and cul-de-sac streets" as used in this subsection means streets which serve only lots which are wholly within the subdivision. That is, the term is intended to apply to streets other than through streets. It is not intended to apply to that portion of streets adjacent to the exterior boundaries of the subdivision nor to streets within the subdivision that are aligned, generally, with streets lying outside the subdivision.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1406. - Street patterns.

The street patterns in the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood or district.

The following principles shall be observed:

(a)

Where appropriate to the design, the proposed streets shall be contiguous to and in alignment with existing, planned, or platted streets which they connect.

(b)

The proposed streets shall be extended to the boundary lines of the land to be subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the Planning

Commission, such extension is not necessary for the coordination of the subdivision with the existing layout or the most advantageous future development of adjacent tracts. A no-access rights certificate shall be shown on the final map where required by the City Engineer.

(c)

Where necessary to give access to or permit a satisfactory subdivision of adjoining land, streets shall extend to the boundaries of the property and the resulting dead-end streets may be approved for a period established by the City Engineer. In all other cases, a turnaround shall have a minimum right-of-way radius of 44.5 ft. and a curb radius of 40 ft.

(d)

No cul-de-sac shall exceed 600 ft. in length from the center of the turnaround to the center line of the intersecting street.

(e)

The proposed streets shall intersect one another as nearly at right angles as the conditions and other limiting factors of good design shall permit.

(f)

Excessively long, straight, standard subdivision streets, conducive to high speed traffic, shall be discouraged.

(g)

The center lines of all streets, wherever practicable, shall be the continuation of the center lines of existing streets or shall be offset at least 300 ft.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1407. - Design adjacent to arterials.

The subdivision design adjacent to major streets or highways shall be as determined by the Planning Commission.

(a)

Design—General. Street design shall have the purpose of making adjacent lots, if for residential use, desirable for such use by cushioning the impact of heavy traffic and minimizing the interference with traffic on such arterials.

(b)

Intersections. The number of intersection streets along arterials shall be held to a minimum.

(c)

Lot ingress and egress. When the rear or side lines of any lots border a State highway or major street, the subdivider may be required to execute and deliver to the City an instrument prohibiting the right of ingress and egress to such lots across the side lines of such highways.

(d)

Service roads. When lots proposed for commercial or industrial uses front on any major or secondary street or highway, the subdivider may be required to dedicate and improve a parallel service road to provide ingress and egress to and from such lots. When lots proposed for residential use front on a highway or a major street, the subdivider may be required to dedicate and improve a service road at the front of such lots or to back lots to the highway or major streets.

(e)

Service roads—Off-street parking. In addition to the requirements for a service road, the Planning Commission may require adequate off-street parking areas for all lots proposed for commercial, multiplefamily, or industrial uses.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1408. - Street names.

All street names shall be as approved by the Planning Commission, and no duplication of street names shall be permitted within the urban area of the City and the County area contiguous to the City.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1409. - Alleys.

When lots are proposed for commercial or industrial uses, alleys at least 26 ft. in width may be required at the rear thereof.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1410. - Grades, curves, and sight distances.

Grades, curves, and sight distances shall be subject to approval by the City Engineer to ensure proper drainage and safety for vehicles and pedestrians. The following principles and minimum standards shall be observed:

(a)

Grades of streets shall not be less than 0.24% and not greater than 7%.

(b)

Street intersections shall be rounded with curves having a minimum radius of 15 ft. at property lines. A greater curve radius may be required if streets intersect at other than right angles or if the streets is either a collector or an arterial street.

(c)

The center line curve radius on all streets and highways shall conform to accepted engineering standards of design and shall be subject to approval by the City Engineer.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1411. - Curbs, sidewalks, and pedestrian ways.

(a)

Curbs and gutters as shown on the City's standard detail drawings shall be required.

(b)

When required for access to schools, playgrounds, shopping centers, transportation facilities, other community facilities, or for unusually long blocks, the subdivider shall construct pedestrian ways not less than ten ft. in width.

(c)

Sidewalks shall be located within the street right-of-way as shown on the City's standard detail drawings.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1412. - Utilities and easements.

(a)

Utility easements, not less than eight ft. in width, may be required for utility purposes.

(b)

All utility distribution facilities shall be placed underground, except as otherwise provided in Section 8- 2.1511 of this chapter.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1413. - Watercourses.

The subdivider shall dedicate rights-of-way for storm drainage conforming substantially with the lines of any natural watercourse that traverses the subdivision, or, at the option of the Planning Commission, the subdivider shall provide by dedication further and sufficient easements or construction, or both, to dispose of such surface and stormwater.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1414. - Block standards.

The major dimensions of a block shall not exceed 1,320 ft. in length nor be less than 440 ft. in length between street center lines, unless modified in accordance with the provisions of Section 8-2.1501 of this chapter.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1415. - Neighborhood facilities; reservation of sites.

The subdivider may be required to reserve sites appropriate in area and location for necessary and desirable neighborhood facilities, such as schools, parks, and playgrounds. Such sites shall be dedicated in accordance with the provisions of the State Subdivision Map Act.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1416. - Nonresidential subdivisions.

(a)

The term "nonresidential subdivisions" applies to all subdivisions that do not include residential lots.

(b)

The street and lot layout of a nonresidential subdivision shall be appropriate to the land use for which the subdivision is proposed and shall conform to the proposed land use and standards established in the City's General Plan and the zoning laws of the City.

(c)

In addition to the principles and standards in this chapter which are appropriate to the planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the Planning Commission that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

(1)

Proposed industrial parcels shall be suitable in area and dimensions to the type of industrial development anticipated.

(2)

Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereon.

(3)

Special requirements may be imposed by the City with respect to street, curb, gutter, and sidewalk design and construction.

(4)

Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer, and storm drainage.

(5)

Every effort shall be made to protect adjacent residential areas from potential nuisances caused by nonresidential subdivision, including the provision of extra depth in parcels backing up to existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

(6)

Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas or be connected to streets extended for predominantly residential traffic.

(§ 2, Ord. 1095, eff. March 22, 1990)

Article 15. - Public Improvements

The subdivider shall improve, or agree to improve, all streets, pedestrian ways or easements, and public utilities in the subdivision and adjacent thereto required to serve the subdivision. No permanent improvement work shall be commenced until improvement plans and profiles have been approved by the City Engineer and a subdivision agreement contract has been concluded between the subdivider and the City. Improvements shall be installed to permanent line and grade, and to the satisfaction of the City Engineer, and in accordance with the standard specification on file in the office of the City Engineer. The minimum improvement which the subdivider shall make, or agree to make at the cost of the subdivider, prior to the acceptance and approval of the final subdivision map or parcel map by the City shall be as set forth in this article.

Improvements may be required of the subdivider for the benefit of the subdivision which would contain supplemental size, capacity or number for the benefit of property not within the subdivision, together with a requirement that such improvements shall be dedicated to the public. In the event the subdivider is required under this provision to install improvements containing supplemental size, capacity or number for the benefit of property not within the subdivision, City shall, pursuant to the provisions of Government Code § 66486, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the

subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements. The term "improvements" as used herein shall mean any street work and utilities to be installed or agreed to be installed by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. "Improvements" shall also refer to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency, or by a combination thereof, is necessary to ensure consistency with or implementation of the General Plan or any applicable specific plan.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1502. - Grading, curbs, gutters, paving, and drainage structures.

Grading, curbs and gutters, paving, and the drainage structures necessary for the proper use and drainage of the streets, adjacent property, and pedestrian ways and for the public safety shall be provided.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1503. - Streets and pedestrian ways.

All streets and pedestrian ways shall be improved to the widths and grades shown on the improvement plans and profiles signed by the City Engineer and approved by the Council as established by law. The subdivider shall improve the extensions of all subdivision streets and pedestrian ways to the intercepting paving line of any County road, City street, or State highway.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1504. - Sidewalks.

Sidewalks shall be installed as shown on the improvement plans and profiles approved by the City Engineer.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1505. - Street name signs.

Street name signs shall be provided and placed as approved by the City Engineer.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1506. - Monuments, barricades and traffic safety devices.

Permanent monuments, barricades and traffic safety devices shall be placed as approved by the City Engineer.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1507. - Street lighting facilities.

Street lighting facilities shall be provided in accordance with the requirements of the City Engineer. Lighting shall be adequate to permit proper policing of the subdivision.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1508. - Sewer facilities.

Sanitary sewer facilities connecting with the existing City sewer system shall be installed to serve the subdivision with a separate private lateral from each lot and to the grades and sizes shown on the plans approved by the City Engineer.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1509. - Stormwater drains.

Stormwater drains shall be installed as shown on the improvement plans approved by the City Engineer.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1510. - Water mains and fire hydrants.

Water mains and fire hydrants connecting to the water system of the City shall be installed as shown on the improvement plans approved by the City Engineer. Mains and individual lot services shall be of sufficient size to furnish an adequate water supply for each lot or parcel in the subdivision and to provide adequate fire protection.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1511. - Underground utility facilities.

All new utility facilities (including, but not limited to, electric, communication, and cable television lines) extended to and installed within any new subdivision shall be placed underground. The installation of the facilities of privately owned utility companies shall be made in accordance with the utilities' rules and regulations on file with the Public Utilities Commission of the State. Exempt from this requirement are equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.

(a)

The subdivider shall be responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for the installation of such facilities.

(b)

Public rights-of-way and easements where utilities are to be placed underground shall be graded to within six in. of the final grade prior to the installation of those utilities.

(c)

The grades of curbs shall be determined and staked before utilities are installed underground.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1512. - Underground utilities; general.

All underground utilities, water lines, sanitary sewer, and storm drains installed in streets or alleys shall be constructed prior to the surfacing of such streets or alleys. The connections for all water lines, storm drain lines, underground utilities and sanitary sewers shall be laid to such lengths as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1513. - Underground utility crossings; dry conduit installations.

Where necessary, dry conduit shall be installed for future underground utility crossings.

(§ 2, Ord. 1095, eff. March 22, 1990)

A complete set of improvement plans "as built" shall be filed with the City Engineer upon the completion of the improvements required by the provisions of this article. Such "as built" plans shall be drawn on copies of the original tracings and be certified as to accuracy and completeness by the subdivider's licensed contractor or engineer.

Upon the receipt and acceptance of such "as built" plans, the City Engineer shall recommend to the Council the formal acceptance of the improvements by the City.

(§ 2, Ord. 1095, eff. March 22, 1990)

Sec. 8-2.1515. - Utility fees.

The subdivider shall be required to pay all the regular extension fees and connection fees for the extension of and connection to water lines, sewer lines, and storm drain facilities. Such fees shall be made payable prior to the filing of the map, except in such cases where the building density is not determined, in which case the sewer and water connection fees may be deferred by the Council upon the recommendation of the City Engineer until an application for a building permit is filed.

(§ 2, Ord. 1095, eff. March 22, 1990)

Article 16. - Urban Lot Splits

Sec. 8-2.1601. - Purpose.

The purpose of this article is to establish procedures and standards for urban lot splits in accordance with the requirements of Government Code Section 66411.7.

(Ord. No. 006-22, § 4, 3-15-2022)

Sec. 8-2.1602. - Ministerial review; standard for denial.

(a)

Notwithstanding any other provision of this Code, an application for an urban lot split shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this article.

(b)

An application for an urban lot split shall be approved or denied by the City Engineer.

(c)

The decision the City Engineer may be appealed in accordance with the provisions of Article 11 of Chapter 2 of Title 8.

(d)

Notwithstanding subsection (a), the City may deny an application for an urban lot split if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, 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. No. 006-22, § 4, 3-15-2022)

Sec. 8-2.1603. - Parcel requirements.

The parcel that is proposed for subdivision through an urban lot split:

(a)

Shall be located in an R-1 zoning district;

(b)

Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved;

(c)

Shall only have residential uses located on it on the date the urban lot split is approved;

(d)

Shall satisfy all the requirements of subsections (a)(6)(B) through (a)(6)(K), inclusive, of Government Code Section 65913.4;

(e)

Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance;

(f)

Shall not have been created through a previous urban lot split; and

(g)

Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the urban lot split is proposed or any person acting in concert with the owner.

(Ord. No. 006-22, § 4, 3-15-2022)

(a)

An urban lot split shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, provided that:

(1)

Neither resulting parcel shall be smaller than 40% of the lot area of the original parcel proposed for subdivision; and

(2)

Neither resulting parcel shall be smaller than 1,200 square feet.

(b)

An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Section 8-2.1606.

(c)

An urban lot split shall not require or allow the demolition or alteration of any of the following types of housing:

(1)

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)

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

(3)

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 Government Code to withdraw

accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

(4)

Housing that has been occupied by a tenant in the last three years.

(d)

As a condition of approval for an urban lot split, the owner of the parcel being split shall sign an affidavit, in a form approved by the City Attorney, stating that:

(1)

The proposed urban lot split will not violate the requirements of subsection (c) of this section;

(2)

Neither the owner, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split; and

(3)

The owner intends to occupy a residential dwelling unit on one of the parcels created by the urban lot split as their primary residence for a minimum of three years from the date of the approval of the urban lot split. This subsection (d)(3) shall not apply if the owner of the parcel is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

(e)

As a condition of approval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services and facilities, as determined by the City Engineer.

(f)

Each parcel resulting from an urban lot split shall have access to or adjoin the public right-of-way, and, if necessary, provide the other parcel with access to the right-of-way through an easement.

(g)

The City shall not require as a condition of approval of an urban lot split:

(1)

Dedications of rights-of-way or the construction of offsite improvements; or

(2)

The correction of non-conforming zoning conditions existing on the parcel that will be divided.

(h)

An urban lot split:

(1)

Shall conform with all the requirements of the Subdivision Map Act; and

(2)

Shall conform with all the requirements applicable to lot splits under this chapter, except for those requirements that conflict with the requirements of this article, in which case the provisions of this article shall control.

(Ord. No. 006-22, § 4, 3-15-2022)

(a)

Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located.

(b)

Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than 31 consecutive days.

(Ord. No. 006-22, § 4, 3-15-2022)

Notwithstanding any other provision of this Code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to Section 8-5.5005 (second units and two-unit developments), an accessory dwelling unit, or a junior accessory dwelling unit.

(Ord. No. 006-22, § 4, 3-15-2022)