Chapter 22.20
PROCEDURES
Sections:
22.20.010 Submission of tentative map application.
22.20.012 Filing of vesting tentative maps.
22.20.020 Notice and public hearing.
22.20.025 Advisory agency, tentative subdivision maps.
22.20.030 Advisory agency (special processing).
22.20.032 Advisory agency for vesting tentative maps.
22.20.035 Advisory agency – Tentative parcel maps.
22.20.036 Advisory agency – Boundary line adjustments.
22.20.040 Advisory agency – Final parcel maps.
22.20.045 Appeals to City Council.
22.20.060 Expiration of tentative map approval.
22.20.070 Special procedures for final parcel maps.
22.20.071 Sale of designated remainder.
22.20.075 Waiver of final parcel maps.
22.20.076 Waiver of parcel maps for condominiums.
22.20.080 Action on tentative maps.
22.20.095 Extensions of time for related entitlements.
22.20.005 Applications.
The Development Services Director shall adopt rules to implement the various processes generally set forth in this title and the Subdivision Map Act. The rules shall apply to, but not be limited to, instructions for preparing and completing applications for parcel maps, subdivision maps, certificates of compliance, reversions to acreage, and compliance with the California Environmental Quality Act. Where a property owner intends to change real property in a manner subject to the aforementioned rules, appropriate application(s) shall be submitted to the City in accordance with the rules, on forms provided by the City, and with any necessary fees for City review and action. [Ord. 14-2017 §3 (Exh. B), eff. 6-23-2017; Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.010 Submission of tentative map application.
The tentative map shall be prepared in a manner acceptable to the Development Services Department. The map shall be prepared by a registered civil engineer or licensed land surveyor and shall contain the following components unless waived at the discretion of the Development Services Director and/or the City Engineer:
A. The tentative map shall show the following notes and statements:
1. Subdivision name and number;
2. A sufficient legal description for the property shown on the tentative map. A portion of a lot/section/parcel is not sufficient for this application;
3. A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads and other data sufficient to locate the subdivision;
4. Name, telephone number, and address of record owner or owners of the subdivision;
5. Name, address and telephone number of the subdivider;
6. Name, business address and telephone number of the registered (engineer) or licensed surveyor who prepared the tentative map;
7. Names, addresses and phone numbers of all service providers;
8. A statement of existing zoning and proposed zoning along with existing and proposed uses of the property;
9. A statement of the gross acreages of the overall subdivision;
10. A statement signed by the engineer/surveyor that all easements have been plotted or accounted for based on the current title report.
B. Technical Map Requirements. The map shall contain the following:
1. The scale of the map shall be such that all information can be shown without resorting to details. All scales are subject to approval of the Development Services Director and shall include an eight and one-half by eleven (8.5" x 11") inch reduction;
2. The tentative map boundary shall have a distinctive border line which will set it apart from all other lines. Bearings, distances and curve data sufficient to define the boundary shall be shown;
3. The map shall show its relationship to all adjoining recorded subdivision maps. If any adjoining property is not covered by a subdivision map, the name of the record owner along with the current assessor’s parcel number shall be shown;
4. A date, a north arrow, and graphic scale shall be shown;
5. A legend to define any terms or symbols if required.
C. Current Land Uses and Conditions. The following data shall be shown on the map that describes the current conditions of the land and surrounding areas and shall include, but not be limited to:
1. Topographic data of the proposed site and at least one hundred (100' 0") feet beyond its boundary shall be shown along with additional topography to define any additional drainage conditions that affect adjoining property, if applicable, and shall include, but not be limited to:
a. Existing contours at two (2' 0") foot intervals if the existing ground slope is less than five (5%) percent. Existing contours shall be represented by dashed lines or by screened lines. The origin of the contours must be shown along with a benchmark and a datum statement;
b. Type, circumference and dripline of existing trees with a trunk diameter of six (6") inches or more. Any trees proposed to be removed shall be so indicated;
c. The location and outline of existing structures identified by type along with square footage of each. Show all patios, porches, decks, overhangs and exterior stairways and indicate whether they are to remain or be removed. This requirement may be waived at the discretion of the City Engineer or Development Services Director;
d. The approximate location of all areas of potential stormwater overflow; the location, width, and direction of flow of each watercourse; the flood zone of each watercourse; and the flood zone designation as indicated on the Flood Insurance Rate Map (“FIRM”);
e. The location, pavement and right-of-way width, grade and name of existing streets or highways;
f. The widths, location, purpose and recording data of all existing easements. If any easements are required to be vacated or quitclaimed, a note to that effect shall be placed on the map;
g. The location and size of existing utilities including, but not limited to, sanitary sewers, fire hydrants, water mains, storm drains, street lights, water valves, utility boxes or vaults shall be indicated. Existing utility lines shall be dimensioned to the nearest property line or centerline. The location of existing overhead utility lines on peripheral streets shall be indicated;
h. The location of all railroads and grade crossings;
i. The location of all existing wells, abandoned wells and sumps.
D. Proposed Improvements. The following proposed improvements shall be shown and shall include, but not be limited to:
1. Adequate elevation information shall be shown to allow City staff to review the proposed drainage patterns and check conformance to various Elk Grove Municipal Code requirements including, but not limited to, two (2' 0") foot contours, adequate spot elevations and proposed pad grades;
2. The approximate lot layout and the approximate dimensions of each lot and each building site, including a lot number. The lots shall be consecutively numbered;
3. The size, location and elevations of all drainage swales, pipes or facilities that will show that all on-site drainage will be conveyed to public drainage facilities;
4. The location, centerline radius of curves, right-of-way width, grades and names of all streets. Typical sections of all streets shall be shown. If streets are to be private and/or gated, a note shall be placed on the map;
5. The locations, width and type of all easements;
6. Proposed park and recreational sites, common areas, open space areas including method of ownership and management;
7. The location and size of all proposed utilities including, but not limited to, sanitary sewers, fire hydrants, water mains and storm drains;
8. Phasing. If the subdivider plans to file multiple maps on the tentative map, there shall be a clear statement on the tentative map indicating the intent of the subdivider to do so;
9. Deviations from City improvement standards shall be requested to the Public Works Director. Any deviation approved by the Public Works Director shall be shown on the tentative map and if approved, a note shall be placed on the map to that effect. Should a higher approving authority be the final approval of the map, the deviation shall only be effective upon the final authority’s concurrence.
E. The following additional information may be required as part of the tentative map submittal and may include, but not be limited to, the following:
1. Soils Report. A soils report prepared by a soils engineer;
2. Traffic study;
3. A drainage study prepared to the satisfaction of the City Engineer.
F. Application Format and Additional Information. The Development Services Director shall determine the number of tentative maps to be delivered. The applicant shall comply with Zoning Code public notice requirements. In addition, all tentative map applications shall be accompanied by the following:
1. Fees. A fee, as established by the City Council resolution, shall be required with all tentative map applications. [Ord. 14-2017 §3 (Exh. B), eff. 6-23-2017; Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 38-2003 §2, eff. 11-1-2003]
22.20.012 Filing of vesting tentative maps.
The minimum requirements for filing a vesting map are set forth in this title, commencing with EGMC Section 22.25.010. Applications for vesting maps shall be filed with the Development Services Department and shall be processed in accordance with the Subdivision Map Act, the provisions of this title and the rules prepared by the Development Services Director in EGMC Section 22.20.005. A proposed division of land which otherwise requires a tentative parcel map may instead be submitted for approval as a vesting tentative subdivision map whenever the subdivider desires the rights conferred by a vesting map. [Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.015 Fees.
Repealed by Ord. 12-2011. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.020 Notice and public hearing.
A. Tentative Subdivision Maps. The advisory agency shall hold a public hearing on each application for a tentative subdivision map and notice thereof shall be given as provided in Section 66451.3 of the Government Code. Any person may appear at such hearing and shall be heard. In addition to the notice required by Section 66451.3, notice shall also be given at least ten (10) days in advance of the public hearing as required and authorized in Section 66451.4 of the Government Code, except that notices shall be given to owners of property in accordance with the Zoning Code.
B. Vesting Tentative Subdivision Maps. The City Council and the Planning Commission shall hold public hearings on each application for a vesting map and notice thereof shall be given as provided in Section 66451.3 of the Government Code. Any person may appear at such hearings and shall be heard. In addition to the notice required by Section 66451.3, notice shall also be given at least ten (10) days in advance of the public hearings as required or authorized in Section 66451.5 of the Government Code, except that notice shall be given to owners of property in accordance with the Zoning Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 10-2003 §5, eff. 6-20-2003]
22.20.025 Advisory agency, tentative subdivision maps.
Except as otherwise provided herein, the Planning Commission is designated as the approval authority as to all matters relating to tentative subdivision maps, and said Commission is charged with the duty to approve, conditionally approve, or recommend approval or disapprove of such tentative subdivision maps. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.030 Advisory agency (special processing).
The Elk Grove City Council shall serve as the approval authority as to all matters relating to tentative subdivision maps in those instances when tentative subdivision maps are filed with an application for a rezone, specific plan amendment, General Plan amendment, or other legislative action as described in EGMC Title 23 (Zoning). [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.032 Advisory agency for vesting tentative maps.
The Elk Grove City Council is the approval authority as to all matters relating to vesting maps. The Planning Commission, after a public hearing, shall forward a recommendation to the Council on all vesting maps. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.035 Advisory agency – Tentative parcel maps.
Except as otherwise provided herein, the Planning Commission is designated as the approval authority as to all matters relating to tentative parcel maps, including reversion to acreage by parcel map. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.036 Advisory agency – Boundary line adjustments.
The Development Services Director is designated as the approval authority for all matters related to boundary line or lot line adjustments. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.040 Advisory agency – Final parcel maps.
The City Engineer is designated as the approval authority for all matters related to final parcel maps unless otherwise specified by law. Upon receipt of any final parcel map the City Engineer may approve or disapprove the final parcel map and accept or reject dedications and offers of dedication made on the final parcel map in accordance with the Subdivision Map Act. [Ord. 29-2011 §1, eff. 12-9-2011]
22.20.045 Appeals to City Council.
Any final parcel map disapproved by the City Engineer may be appealed to the City Council. The appeal shall be submitted to the City Clerk’s office no later than ten (10) calendar days from the date of disapproval along with a fee consistent with tentative map appeals. To the extent it is feasible, the appeal should be heard by the City Council within forty-five (45) days of the appeal submittal. Notice of hearing for the appeal shall be provided pursuant to the noticing requirements of EGMC Section 23.14.040, Public hearing for quasi-judicial and legislative permits and entitlements. Any action by the City Council is final on the date of decision and may not be further appealed. [Ord. 14-2017 §3 (Exh. B), eff. 6-23-2017; Ord. 29-2011 §1, eff. 12-9-2011]
22.20.060 Expiration of tentative map approval.
A. Tentative Subdivision Map. The approval or conditional approval of a tentative subdivision map shall expire thirty-six (36) months from the date the map was approved or conditionally approved.
B. Vesting Tentative Subdivision Map. The approval or conditional approval of a vesting map shall expire thirty-six (36) months from the date the map was approved or conditionally approved.
C. Tentative Parcel Map. The approval or conditional approval of a tentative parcel map shall expire thirty-six (36) months from the date the map was approved or conditionally approved.
D. Effect of Map Condition Modification. Modification of the conditions of approval for a tentative subdivision map, vesting tentative map, or tentative parcel map after approval or conditional approval shall not extend the time limits imposed by this section.
E. Effect of Expiration of Map. The expiration of the approved or conditionally approved tentative subdivision map, vesting tentative map, or tentative parcel map shall terminate all proceedings, and no final map or final parcel map for all or any portion of the real property included within the tentative subdivision map, vesting tentative map, or tentative parcel map shall be filed without first processing an application for a new tentative subdivision map, vesting tentative map, or tentative parcel map. [Ord. 3-2018 §3 (Exh. B), eff. 4-13-2018; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.065 Moratorium.
The periods of time specified in this title for which an approved tentative parcel map, or tentative subdivision map, or vesting tentative map shall be valid shall not include:
A. Any period of time during which a development moratorium imposed after the approval of the map is in existence; provided, however, that the length of such moratorium does not exceed five (5) years. Once such moratorium is terminated, the approved map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed; provided, however, that in no instance shall the map be valid for less than one hundred twenty (120) days after termination of the moratorium.
B. Any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative parcel map or a tentative subdivision map if a stay of such time period is approved by the Council. Upon receipt of service of the initial petition or complaint, the City Clerk shall notify the subdivider of the service of the petition or complaint. The subdivider may, within ten (10) days of the receipt of the petition or complaint by the Council, apply to the Council for a stay. The request for stay shall be processed in the same manner as an appeal of an action of the Planning Commission; however, the Council shall, within forty (40) days of receipt of the request, hear the matter and either stay the time period for up to five (5) years or deny the requested stay. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.070 Special procedures for final parcel maps.
A. A final parcel map shall be filed and recorded for any subdivision for which a tentative subdivision and final subdivision map is not required by the Subdivision Map Act except for subdivisions created by short-term leases (terminable by either party on not more than thirty (30) days notice in writing) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the Council based on substantial evidence that public policy necessitates such a map, this exception shall not apply. The final parcel map shall not be required for any conveyance or agreement made solely for the purpose of correcting, confirming or relocating a boundary common to abutting lots or parcels; provided, that the resulting lots comply with the provisions of this title and the Zoning Code and that no additional lot is created. The boundary line adjustment shall be approved by resolution.
The final parcel map shall meet all of the requirements of the Subdivision Map Act and this title and shall show all dedications or offers of dedications thereon. An advisory agency or the Council may require that such dedications or offers of dedications be made by deed in lieu of, or in addition to, those appearing on the map.
B. When a final parcel map is required by this title, a tentative parcel map shall first be filed and approved by the advisory agency. A tentative parcel map shall meet all of the requirements for tentative maps provided by the Subdivision Map Act and this title. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.071 Sale of designated remainder.
A designated remainder may subsequently be sold without any further requirement of the filing of a parcel map or final subdivision map if a certificate of compliance or conditional certificate of compliance is issued by the appropriate authority. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.075 Waiver of final parcel maps.
An advisory agency may waive the requirements for the recordation of a final parcel map in any case when the land being divided consists of a lot or parcels shown on a recorded parcel map or final subdivision map and the full street improvements have been constructed or monumentation is evident or where each of the lots has a gross acreage of forty (40) acres or more or each of which is a quarter-quarter section or larger. The advisory agency may grant the waiver and will issue a certificate of compliance if:
A. The subdivider files an application with the Director, including any fees required, verifying the existence of monumentation in the installation of street improvements;
B. The application contains a legal description for each of the lots to be created; and
C. The advisory agency finds 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 this title. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.076 Waiver of parcel maps for condominiums.
The Planning Commission or the City Council may waive the requirements for a tentative or final map imposed by the Subdivision Map Act for the construction of a residential condominium project on a single lawful parcel. The Development Services Director may waive the requirements for a tentative or final map imposed by the Subdivision Map Act for the construction of a commercial or industrial condominium project on a single lawful parcel.
The procedure for determining whether such a waiver for a condominium is appropriate shall be initiated by an application for waiver filed with the Development Services Director.
The application shall contain a legal description for the single lawful parcel and a description of the proposed condominium project. If an application for waiver on a residential condominium project is filed contemporaneously with an application to adopt or amend a specific plan, then the application for waiver shall be first considered by the Planning Commission at a public hearing. After this hearing, the Planning Commission shall provide a written recommendation to the City Council which shall make the final determination on the application. All other applications for waiver on a residential condominium project shall be considered by the Planning Commission at a public hearing. The Planning Commission shall make the final determination on these applications for waiver.
Applications for waiver of final or tentative maps on a commercial or industrial condominium project on a single lawful parcel shall be considered and granted or denied by the Development Services Director.
No applications for a waiver of the requirement for a tentative or final map for the construction of a condominium project on a single lawful parcel shall be granted unless it is found that the proposed division of land complies with the requirements of the Subdivision Map Act and the Elk Grove Municipal Code 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 and the Elk Grove Municipal Code. [Ord. 16-2021 §4 (Exh. B), eff. 9-10-2021; Ord. 24-2015 §10 (Exh. H), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.080 Action on tentative maps.
In addition to any other basis provided in this title or the Subdivision Map Act, an advisory agency or the Council shall disapprove a tentative subdivision map, vesting subdivision map, or tentative parcel map if it finds that the tentative subdivision map, vesting subdivision map, or tentative parcel map is inconsistent with an adopted specific plan; violates the provisions of the Zoning Code as to area, setback, frontage, or any other requirements for which no variance or exception has been granted; enlarges, expands or extends a nonconforming use of the land under the Zoning Code; or the division of land violates any other City ordinance or code provision. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.090 Extensions of time.
Any tentative subdivision map, vesting tentative map, or tentative parcel map is eligible for an extension of time, provided final approval for such extension occurs prior to the expiration of the original map through approval of the Zoning Administrator. Upon filing of a timely application for an extension of time, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied. No final map or parcel map may be approved during the period between the expiration of the original map and the approval of the extension of time. An extension of time may not be granted for more than thirty-six (36) months, but may be granted for a lesser time at the sole discretion of the final hearing body. A subdivider may apply for a resubmission of the map rather than an extension of time, in which case the map may be approved after the expiration date of the original map. The expiration date of an approved resubmitted map shall be as set forth in EGMC Section 22.20.060. [Ord. 28-2019 §3 (Exh. A), eff. 2-7-2020; Ord. 3-2018 §3 (Exh. B), eff. 4-13-2018; Ord. 14-2017 §3 (Exh. B), eff. 6-23-2017; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.095 Extensions of time for related entitlements.
As provided in EGMC Chapter 23.18, any entitlement, development permit or other approval which would expire pursuant to this code or the Zoning Code, but which was approved concurrently with and pertains to any approved tentative subdivision or parcel map the expiration date of which was automatically extended by the provisions of Sections 66452.11 and 66452.13 of the Government Code, or by the provisions of any other similar section that may from time to time be added to the Government Code, shall be extended for the same period as that provided by said section for the approved tentative subdivision or parcel map to which it pertains. [Ord. 3-2018 §3 (Exh. B), eff. 4-13-2018; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
22.20.100 Urban lot split.
Notwithstanding any other provision of this chapter, the following procedures and requirements shall apply to urban lot splits. This section implements Section 66411.7 of the California Government Code. An urban lot split means the subdivision of one (1) existing single family lot into two (2) lots.
A. Applicability. An urban lot split shall only be processed when the existing lot proposed for subdivision meets all of the following qualifications:
1. The lot is located within a single-family residential zone, meaning it is located within the Agricultural Residential (AR) zoning districts (AR-1 through AR-10) or the Residential Districts (RD) of RD-1 through RD-15. This section shall not apply to any other zoning districts.
2. The lot is not located within any of the following:
a. Land designated as either prime farmland or farmland of statewide importance.
b. Land meeting the definition of a wetland as defined in United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Land within a high or very high fire hazard severity zone.
d. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. 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 Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
f. A special flood hazard area subject to inundation by the one (1%) percent annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency (see the F-100 and F-100/200 overlay zoning district), unless:
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 flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. 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 Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
h. Land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with 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 other adopted natural resource protection plan.
3. The proposed urban lot split would not require 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 rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. A lot or lots 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 California Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the application for urban lot split is filed with the City.
d. Housing that has been occupied by a tenant in the last three (3) years.
4. The lot is not located within a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a City landmark or historic property or district pursuant to EGMC Chapter 7.00 (Historic Preservation).
5. The existing lot has not been established through prior exercise of an urban lot split as provided by this section.
6. Neither the owner of the lot being subdivided nor any person acting in concert with the owners has previously subdivided an adjacent lot using an urban lot split as provided for in this section.
B. Procedures. Except as provided below, applications for urban lot split shall be processed pursuant to the provisions of EGMC Section 22.20.010.
1. The application for urban lot split shall include supplemental information as required by the Development Services Department and on a form provided by the Department requiring the applicant to certify that the application is made and qualifies with all of the provisions of this subsection (B).
2. The application shall include a parcel map, which shall include all of the required components and information required for other parcel maps as provided by this title. No tentative parcel map shall be required.
3. The designated approving authority for an urban lot split parcel map shall be the Development Services Director. The Development Services Director shall approve the application if it complies with all of the provisions of this section and the building official cannot make any of the findings provided in subsection (D) of this section (Findings for Denial). No public hearing or noticing shall be required for the project.
4. Upon the approval of the Development Services Director, the parcel map for urban lot split shall be presented to the City Engineer, who shall sign the map and cause it to be recorded with the Sacramento County Recorder.
C. Requirements. Urban lot splits shall conform with all of the following:
1. Lot Size and Dimensions. Notwithstanding the lot requirements provided in EGMC Table 23.29-1 (Development Standards for Base Zoning Districts) for the underlying zoning district, or the requirements of any applicable special planning area or specific plan, the proposed lots shall conform to the following minimum standards:
a. No resulting lot shall be smaller than forty (40%) percent of the original lot area and a minimum of one thousand two hundred (1,200 ft2) square feet.
b. Where both lots propose frontage along a public right-of-way, each lot shall have a minimum lot frontage of twenty (20' 0") feet, except that if the existing lot frontage is less than forty (40' 0") feet, one lot shall have a minimum of twenty (20' 0") feet of frontage and the other shall be provided with access by a corridor (in either fee title or easement) of a minimum of twelve (12' 0") feet wide. The access corridor shall be kept free and clear of any buildings or structures, except for utilities.
c. Where only one (1) lot proposes frontage along a public right-of-way, the lot that does not have public frontage shall be provided with access by a corridor (in easement) of a minimum of twelve (12' 0") feet wide. The access corridor shall be kept free and clear of any buildings or structures, except for utilities.
2. Setbacks.
a. No setbacks shall be required for any existing structures, except that the minimum front yard and street side yard setback as provided in the underlying zoning district is maintained.
b. A note shall be placed on the parcel map requiring a minimum four (4' 0") foot rear and interior side yard setback for any new dwellings constructed on the lots.
c. The City may not require any existing nonconforming setback conditions to be remedied as part of the approval of an urban lot split.
3. Utilities. All required utility connections shall be placed on the same lot as the unit or units the utilities are serving, or shall be located within a utility easement, either existing or dedicated on the parcel map.
For lots created pursuant to this section where the lot is serviced by private well and septic systems, each lot shall have its own, independent well and septic system. No parcel map shall be approved until will serve letters or permits for the well and septic system have been issued by Sacramento County Environmental Management Department. Well and septic systems shall comply with the standards of Sacramento County Code Chapter 6.28 (Wells and Pumps) and Chapter 6.32 (On-Site Management of Wastewater).
4. Parking. Notwithstanding EGMC Chapter 23.58 (Parking), one (1) off-street vehicle parking space is required for each unit in a two (2) unit residential development, except as otherwise provided below. Required parking may be provided as either covered or uncovered parking and shall be located on the same lot as the residential unit served. All provided parking shall meet the minimum dimensions, location, and other applicable development standards provided in EGMC Section 23.58.090 (Parking design and development standards).
a. Parking Exemptions. No parking is required if the lot is located within one-half (1/2) mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one (1) block of the lot.
b. Replacement Parking Required. When an existing garage, carport, or other covered or enclosed parking area is converted or demolished in order to construct a new unit, at least one (1) replacement parking space, which may be covered or uncovered, must be provided for each unit unless the project is exempt from parking.
5. Special Tax Districts. Prior to approval of the urban lot split, the applicant shall annex into any required special tax districts, including assessment districts of Mello-Roos Community Facilities Districts required of any other subdivisions in the City if the existing lot is not already within these special tax districts.
6. Restrictions. Concurrent with approval and recordation of the parcel map, the applicant shall execute, in a form satisfactory to the City, the following restrictions. The Development Services Director shall cause these restrictions to be recorded on the property concurrently with recordation of the parcel map with the Sacramento County Recorder.
a. A restriction that only use of the property shall be limited to residential uses. No nonresidential uses (except for home occupations allowed under EGMC Chapter 23.82) shall be allowed on the resulting lots.
b. An affidavit from the applicant stating that they intend to occupy one (1) of the lots as their principal residence for a minimum of three (3) years from the date of approval of the urban lot split. This provision shall not apply to 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 a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code.
c. A deed restriction prohibiting use of the resulting lots as a short-term rental. The restriction shall specify that any rental of the property shall be for a minimum of thirty (30) days.
d. A deed restriction prohibiting the construction of more than two (2) dwelling units on each lot. As used in this subsection, dwelling unit includes a unit created pursuant to EGMC Chapter 23.17, a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit as provided in EGMC Chapter 23.90.
D. Findings for Denial. An application for urban lot split may be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, 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. 12-2022 §3 (Exh. A), eff. 6-24-2022]