Except as otherwise provided in Section 16.12.025, a tentative map and a final map shall be required for all subdivisions creating five or more lots or parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where excepted by Section 66426 of the Subdivision Map Act. A tentative map and a parcel map shall be required for those subdivisions so excepted.
(Prior code § 21-3-1; Ord. 1738, 6/17/2025)
Except as otherwise provided in Section 16.12.025, a tentative map and a parcel map shall be required for all subdivisions creating four or fewer lots or parcels or four or fewer condominiums as defined in Section 783 of the Civil Code, and for community apartment projects containing four or fewer parcels or for the conversion of a dwelling to a stock cooperative containing four or fewer dwelling units.
(Prior code § 21-3-2; Ord. 1738, 6/17/2025)
A. 
The Community Development Director shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements set forth in California Government Code Section 66499.41:
1. 
The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units.
2. 
The lot is zoned for multifamily residential development.
3. 
The lot is no larger than five acres and is substantially surrounded by qualified urban uses.
4. 
The lot is a legal parcel located within the jurisdiction of the City.
5. 
The lot was not established pursuant to this Section 16.12.025.
6. 
The lot proposed to be subdivided is the subject of an application filed on or after July 1, 2025, and meets one of the following:
a. 
The lot is vacant and zoned for single-family residential development and no larger than 1.5 acres.
i. 
For purposes of this paragraph, "vacant" means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as "vacant":
1. 
Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
2. 
Housing that is subject to any form of rent or sales price control.
3. 
Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
7. 
The newly created parcels on parcels that are zoned for multifamily residential land uses are no smaller than 600 square feet.
8. 
The newly created parcels on parcels zoned for single-family residential development are no less than 1,200 square feet on or after July 1, 2025.
9. 
The residential units on the lot proposed to be subdivided are one of the following:
a. 
Constructed on fee simple ownership lots.
b. 
Part of a common interest development.
c. 
Part of a housing cooperative.
d. 
Constructed on land owned by a community land trust.
e. 
Part of a tenancy in common as described in California Civil Code Section 685.
10. 
The proposed housing development project will meet one of the following, as applicable:
a. 
If the parcel is identified in the City's Housing Element for the current planning period, the housing development project will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the City's share of the regional housing need for low or very low income households, the development will result in at least as many low or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
b. 
If the parcel is not identified in the City's Housing Element for the current planning period, the housing development project shall either:
i. 
Result in at least 66% of the maximum allowable residential density as specified by local zoning; or
ii. 
Result in at least 66% of the applicable residential density specified in subparagraph (B) of paragraph (3) of subdivision (c) of California Government Code Section 65583.2, whichever is greater.
c. 
Where local zoning does not specify a maximum allowable residential density, the development will result in at least 66% of the applicable residential density as specified in subparagraph (B) of paragraph (3) of subdivision (c) of California Government Code Section 65583.2.
11. 
The average total area of floor space for the units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, "net habitable square feet" means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
12. 
The housing development project on the lot proposed to be subdivided complies with Chapter 15.16, Affordable Housing.
13. 
The housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
a. 
Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
b. 
Housing that is subject to any form of rent or price control.
c. 
Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for development permit.
d. 
A parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with California Government Code 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.
14. 
The lot proposed to be subdivided is not located on a site that is any of the following:
a. 
Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
b. 
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. 
Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to California Public Resources Code, Section 4202.
d. 
A hazardous waste site that is listed pursuant to California Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to former California Health and Safety Code Section 25356, unless either of the following applies:
i. 
The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of California Health and Safety Code Section 25296.10, based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to California Government Code Section 65962.5.
ii. 
The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the California Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
e. 
Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with California Government Code Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with California Government Code Section 8875) of Division 1 of Title 2 of the Government Code.
f. 
Within a special flood hazard area subject to inundation by the one-percent-annual-chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
i. 
The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
ii. 
The site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Government Code Section 59.1) and Part 60 (commencing with Government Code Section 60.1) of Subchapter B of Chapter 1 of Title 44 of the Code of Federal Regulations.
g. 
Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Government Code Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that side.
h. 
Land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Government Code Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or another adopted natural resource protection plan.
i. 
Habitat for protected species identified as candidate, sensitive, or species, of special status by State or Federal agencies, fully protected species, or species by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Government Code Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Government Code Section 1900) of Division 2 of the Fish and Game Code).
j. 
Land under conservation easement.
15. 
The proposed subdivision conforms to all applicable objective requirements of the Map Act and Section 16.12.025, except as otherwise expressly provided in this Chapter 16.12.
16. 
Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
17. 
If an application is filed after July 1, 2025, the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
B. 
Nothing in this Section 16.12.025 shall be construed to prohibit the City from requiring a mechanism for the maintenance of common space within the subdivision, including but not limited to a road maintenance agreement.
C. 
The Community Development Director shall approve or deny an application pursuant to subsection A within 60 days from the date the City receives a completed application.
D. 
The Community Development Director may condition the approval and recordation of a subdivision map upon the completion of a residential structure that complies with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or which is reserved for internal circulation, open space, or common area.
E. 
Nothing in this Section 16.12.025 affects the City's ability to deny a parcel map, tentative map, or final map if it makes certain written findings about the specific, adverse impact of the proposed housing development project as defined and determined in Government Code Section 65589.5(d)(2).
F. 
Notwithstanding State law regarding accessory and junior accessory dwelling units, the City is not required to permit an accessory or junior accessory dwelling unit on parcels created pursuant to this Section 16.12.025.
G. 
Notwithstanding State law regarding urban lot splits, the City is not required to permit an urban lot split on a parcel created pursuant to this Section 16.12.025.
H. 
Upon approval of a tentative map or parcel map for a subdivision in accordance with this Section 16.12.025, the City shall issue a building permit for one or more residential units that are part of a housing development project of 10 or fewer units on a lot subdivided in accordance with this Section 16.12.025, so long as the applicant has submitted a building permit application that the Chief Building Official or designee has deemed complete pursuant to the requirements of Government Code Section 65913.3(b).
1. 
Issuance of a building permit under this subsection may be conditioned the applicant submitting proof, to the satisfaction of the Chief Building Official or designee, that the applicant and its successors and assignees agree that a certificate of occupancy or equivalent final approval for the building will not be issued unless and until the final map is recorded.
2. 
The City reserves the right to require a security instrument to ensure faithful performance of the requirements identified in the associated approved tentative or parcel map and related conditions of approval. The amount and form of the security shall be determined by the City in its sole discretion, in accordance with legal requirements.
I. 
A housing development project constructed on a subdivided lot approved pursuant to this Section 16.12.025 shall comply with all applicable objective zoning standards, subdivision standards, and design standards, consistent with State and local law. The City shall not impose on such qualifying housing development projects any objective zoning, subdivision, or design standards that:
1. 
Physically preclude the development of a project built to densities specified in Government Code Section 65583.2(c)(3)(B).
2. 
Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
3. 
Requires a setback between the units, except as required in the California Building Code.
4. 
Requires that parking be enclosed or covered.
5. 
Imposes side and rear setbacks from the original lot line inconsistent with Government Code Section 65852.21(b)(2)(B).
6. 
Imposes parking requirements inconsistent with Government Code Section 65852.21(c)(1).
7. 
If the housing development project consists of three to seven units, imposes a floor area ratio standard that is less than 1.0.
8. 
If the housing development project consists of eight to 10 units, imposes a floor area ratio standard that is less than 1.25.
J. 
Notwithstanding the foregoing subsections, a housing development project located on a site proposed to be subdivided pursuant to this Section 16.12.025 is not required to comply with the following requirements:
1. 
A minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the housing development, beyond the minimum parcel size specified in Section 16.12.025(A)(10).
2. 
The formation of a homeowners' association, except as required by the Davis-Stirling Common Interest Development Act. This shall not be construed as prohibiting the City from requiring a mechanism for the maintenance of common space within the subdivision, including but not limited to a road maintenance agreement.
K. 
The Community Development Director shall ministerially consider, without discretionary review or hearing, a housing development application submitted pursuant to this Section 16.12.025. The Community Development Director shall approve or deny such application within 60 days from the date a completed application is received. If the Community Development Director denies the application, the Community Development Director shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
L. 
The Community Development Director may disapprove a housing development project that meets the requirements of this Section 16.12.025 if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined by Government Code Section 65589.5(d)(2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
M. 
The City Building Official shall issue a building permit for one or more residential units that are part of a housing development project, consisting of 10 or fewer units, on a lot proposed to be subdivided pursuant to this Section 16.12.025, if the applicant has met both of the following requirements:
1. 
The applicant has received a tentative map approval or parcel map approval for the subdivision.
2. 
The applicant has submitted a building permit application that the Building Official deemed complete pursuant to Government Code Section 65913.3(b).
N. 
The Building Official may condition the issuance of a building permit under this Section on the applicant submitting proof, to the satisfaction of the Building Official, of a recorded covenant and agreement, enforceable by the City, that states that the applicant and the applicant's successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded.
O. 
The Building Official shall issue the building permit based upon the tentative or parcel map and its conditions of approval. Any dedication, improvement, and sewer requirements identified in the approved tentative or parcel map or its conditions of approval shall be guaranteed to the satisfaction of the City at the time the building permit is issued. The Building Official may require security to ensure faithful performance of the requirements identified in the approved tentative or parcel map or its conditions of approval.
P. 
Notwithstanding the foregoing, the Building Official may deny issuance of a building permit under this section if the Building Official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map would have a specific, adverse impact, as defined by Government Code Section 65589.5(d)(2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(Ord. 1738, 6/17/2025)
This chapter shall not be applicable to those matters defined in Section 66412 of the Subdivision Map Act. Applications for Subdivision Map Act exclusions shall be acted upon by the City within 60 days of the application being deemed complete.
(Prior code § 21-3-3)
A. 
Within 60 days of the application being deemed complete, the Planning Commission may, in its discretion, waive all or part of the requirements for a tentative and parcel map for the following:
1. 
Division of real property or interests therein created by probate, eminent domain procedures, partition or other civil judgments or decrees;
2. 
Division of real property resulting from the conveyance of land or any interest therein to or from the City, public entity or public utility for a public purpose, such as schools sites, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc.;
3. 
Division of real property which has been merged pursuant to this chapter, the Subdivision Map Act or any prior ordinance of the City;
4. 
Construction of a condominium project on a single parcel. The Planning Commission may also, in its discretion, waive the requirement for a tentative and final map for construction of a condominium project on a single parcel;
5. 
Any other division of real property which would otherwise require a parcel map.
B. 
The Planning Commission shall make a finding that the proposed division of land complies with requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, this title, this code and the General Plan.
C. 
A waiver by the Planning Commission may be conditioned to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted by law by a method approved by the Planning Commission.
D. 
Upon the waiver of the parcel map requirement, or the tentative and final map requirement, pursuant to this section, the City Engineer shall file with the County Recorder a certificate of compliance for the land to be divided, in accordance with Section 16.12.070, and a plat map showing the division. The certificate shall include a certificate by the County Tax Collector in accordance with Section 16.36.050(D).
E. 
If any waiver is approved or conditionally approved pursuant to this section, the Community Development Director shall make a written report thereof to the City Council. Any member of the City Council shall have the right to call up that waiver approval for review by a written request to the Community Development Director within 10 days of the final action by the Planning Commission. If the City Council decides to review the waiver and conditions, it shall conduct a public hearing after giving notice pursuant to Section 16.24.020(B). In addition, notice shall be given to the Planning Commission. The public hearing shall be held within 30 days after the date of request for review. The City Council may add, modify or delete conditions if the City Council determines that such changes are necessary to ensure that the waiver conforms to the Subdivision Map Act and this code. The City Council may deny the waiver on any of the grounds contained in this chapter, the Subdivision Map Act, the General Plan, any applicable specific plan or this code. Within 10 days following the conclusion of the public hearing, the City Council shall render its decision. If the City Council does not act on the hearing within the time limits set forth in this section, the waiver shall be deemed to have been approved or conditionally approved as last approved or conditionally approved by the Planning Commission insofar as it complies with all other applicable provisions of the Subdivision Map Act, this title, this code and the General Plan.
(Prior code § 21-3-4)
A. 
The subdivider may designate as a remainder that portion of land which is not divided for the purpose of sale, lease or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required. For such a designated remainder parcel, the fulfillment of construction requirements for improvements shall not be required until a permit or other approval for development of the remainder parcel is issued by the City or in fulfillment of an agreement between the City and the subdivider. In the absence of that agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the City Engineer that fulfillment of the construction requirement is necessary for one of the following reasons:
1. 
The public health and safety;
2. 
The required construction is a necessary prerequisite to the orderly development of the surrounding area.
B. 
A designated remainder may subsequently be sold without any further requirement of the filing of a parcel map or a final map, but the City may require a certificate of compliance or conditional certificate of compliance.
(Prior code § 21-3-6)
A. 
Application. Requests for issuance of a certificate of compliance shall be submitted to the Community Development Director in a format as may be required by the Community Development Director, and accompanied by a plot plan and such supporting information as may be deemed necessary by the Community Development Director to determine compliance. Requests shall be accompanied by a filing fee as set by City Council resolution.
B. 
Review.
1. 
The Community Development Director shall review the request and determine whether the property or the division thereof complies with the provision of the Subdivision Map Act and this chapter.
2. 
If the Community Development Director determines the property or the division thereof complies with the provisions of the Subdivision Map Act and this chapter, a certificate of compliance shall be issued and recorded.
3. 
If the Community Development Director determines the property or the division thereof does not comply with the provisions of the Subdivision Map Act and this chapter, the Community Development Director may either approve, conditionally approve or forward the request to the Planning Commission. The Planning Commission, following a public hearing noticed in the same manner as provided by Section 16.24.020(B), shall then direct the Community Development Director to issue and record either a certificate of compliance or a conditional certificate of compliance.
a. 
A conditional certificate of compliance may impose conditions that would normally have been required under titles in effect at the time the applicant acquired his or her interest in the parcel or parcels.
b. 
Notwithstanding subsection (B)(3)(a) of this section, if the applicant was the owner of record at the time of the initial violation, the Planning Commission may impose any conditions that would be applicable to a current division of property.
c. 
Compliance with conditions imposed by the Planning Commission shall not be required until the time that a permit or other grant of approval for development of the property is issued.
4. 
After the Planning Commission makes a determination and establishes any conditions, the Community Development Director shall file the certificate of compliance or conditional certificate of compliance with the County Recorder.
C. 
Final Map Constitutes Certificate of Compliance. A recorded final or parcel map shall constitute a certificate of compliance with respect to the parcel described therein.
(Prior code § 21-3-7)