Division 5 Final — Cathedral City City Council, October 14, 2026

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Title 9 – Planning and Zoning
Division 5 – Subdivision
Regulations

COUNCIL HEARING DRAFT
OCTOBER 2026
Table of Contents
Chapter 9.140 General Provisions ............................................................................................... 5-5

9.140.010 Title, Citation, Authority, and Incorporation by Reference ............................................ 5-5

9.140.020 Purpose ......................................................................................................................... 5-5

9.140.030 Applicability.................................................................................................................... 5-5

9.140.040 Parcels Created Prior to July 14, 1971 ......................................................................... 5-6

9.140.050 Maps Required .............................................................................................................. 5-6 Chapter 9.145 Tentative Parcel Maps and Tentative Tract Maps................................................ 5-9

9.145.010 Purpose ......................................................................................................................... 5-9

9.145.020 Form and Contents........................................................................................................ 5-9

9.145.030 Determination of Complete Application......................................................................... 5-9

9.145.040 Referral........................................................................................................................ 5-10

9.145.050 Review and Action....................................................................................................... 5-10

9.145.060 Automatic Approval if No Action.................................................................................. 5-10

9.145.070 Required Finding for Tentative Maps .......................................................................... 5-10

9.145.080 Grounds for Denial ...................................................................................................... 5-11

9.145.090 Appeals of Tentative Parcel Maps and Tentative Tract Maps .................................... 5-11

9.145.100 Expiration of Approved Tentative Parcel Maps and Tentative Tract Maps................. 5-11

9.145.110 Correction and Amendment of Approved Tentative Parcel Maps and Tentative Tract Maps................................................................................................................................................ 5-12 Chapter 9.150 Parcel and Final Maps........................................................................................ 5-14

9.150.010 Purpose ....................................................................................................................... 5-14

9.150.020 Filing of Maps .............................................................................................................. 5-14

9.150.030 Waiver of Parcel Map .................................................................................................. 5-14 Chapter 9.140 General Provisions
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9.150.040 Final Tract and Parcel Map Filing................................................................................ 5-15

9.150.050 Final Tract and Parcel Map Review and Approval...................................................... 5-15

9.150.060 Corrections or Amendments........................................................................................ 5-16 Chapter 9.155 Certificates of Compliance.................................................................................. 5-19

9.155.010 Applicability.................................................................................................................. 5-19

9.155.020 Application Requirements ........................................................................................... 5-19

9.155.030 Time Limits for City Review......................................................................................... 5-19

9.155.040 Certificate of Compliance ............................................................................................ 5-20

9.155.050 Conditional Certificate of Compliance ......................................................................... 5-20

9.155.060 Recordation and Compliance with Conditions ............................................................ 5-20

9.155.070 Effect of Parcel or Final Map....................................................................................... 5-20 Chapter 9.160 Reversion to Acreage ......................................................................................... 5-22

9.160.010 Purpose ....................................................................................................................... 5-22

9.160.020 Initiation of Proceedings .............................................................................................. 5-22

9.160.030 Data Required for a Reversion to Acreage ................................................................. 5-22

9.160.040 Public Hearing ............................................................................................................. 5-23

9.160.050 Required Findings ....................................................................................................... 5-23

9.160.060 Conditions of Approval ................................................................................................ 5-23

9.160.070 Effective Date .............................................................................................................. 5-23 Chapter 9.165 Merger of Parcels ............................................................................................... 5-25

9.165.010 Merger of Contiguous Parcels..................................................................................... 5-25 Chapter 9.170 Lot Line Adjustments .......................................................................................... 5-27

9.170.010 Applicability.................................................................................................................. 5-27

9.170.020 Permitted Lot Line Adjustments .................................................................................. 5-27

9.170.030 Procedures .................................................................................................................. 5-27

9.170.040 Recording with County Recorder ................................................................................ 5-28 Chapter 9.175 Airspace Subdivisions, Common Interest Subdivisions, and Condominium Conversions...................................................................................................................................... 5-30

9.175.010 Purpose ....................................................................................................................... 5-30

9.175.020 Airspace Subdivisions and Common Interest Subdivisions ........................................ 5-30

9.175.030 Condominium Conversions ......................................................................................... 5-31 Chapter 9.180 Two-Unit Residential Developments and Urban Parcel Splits ........................... 5-35

9.180.010 Purpose and Intent. ..................................................................................................... 5-35

9.180.020 Applicability.................................................................................................................. 5-35

9.180.030 Permit Application and Review. [Source: 9.116.040, modified] .................................. 5-35

9.180.040 Qualifying Requirements............................................................................................. 5-36 Division 5 – Subdivision Regulations Chapter 9.140
Council Hearing Draft – October 2026
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9.180.050 Separate Conveyance. [Source: 9.116.070, modified] ............................................... 5-37

9.180.060 Rental Term................................................................................................................. 5-37

9.180.070 Prohibited Uses. .......................................................................................................... 5-37

9.180.080 Site Standards for Urban Parcel Splits. [Source: 9.116.110] ...................................... 5-37

9.180.090 Development Standards.............................................................................................. 5-38 Chapter 9.185 Subdivision Design Standards............................................................................ 5-41

9.185.010 Conformance............................................................................................................... 5-41

9.185.020 Public Street Design.................................................................................................... 5-41

9.185.030 Private Streets............................................................................................................. 5-43

9.185.040 Street Grades .............................................................................................................. 5-43

9.185.050 Street Alignment.......................................................................................................... 5-43

9.185.060 Alleys ........................................................................................................................... 5-43

9.185.070 Lots.............................................................................................................................. 5-44

9.185.080 Property that Shall Be Included................................................................................... 5-44

9.185.090 Required Access ......................................................................................................... 5-44

9.185.100 Design of Subdivision to Provide for Future Passive or Natural Heating or Cooling Opportunities..................................................................................................................................... 5-45 Chapter 9.190 Dedications and Reservations............................................................................ 5-47

9.190.010 Dedications.................................................................................................................. 5-47

9.190.020 Acceptance and Rejection of Dedications................................................................... 5-47

9.190.030 Certificate for Dedications-Reconveyance.................................................................. 5-47

9.190.040 Reservations................................................................................................................ 5-48

9.190.050 Standards for Reservations......................................................................................... 5-48

9.190.060 Reservation Procedure................................................................................................ 5-48 Chapter 9.195 Improvements ..................................................................................................... 5-50

9.195.010 Requirements .............................................................................................................. 5-50

9.195.020 Improvement Plans ..................................................................................................... 5-50

9.195.030 Security for Improvements .......................................................................................... 5-50

9.195.040 Lien Agreement as Security ........................................................................................ 5-53 Chapter 9.200 Violations and Enforcement................................................................................ 5-58

9.200.010 Generally ..................................................................................................................... 5-58

9.200.020 Illegal Subdivision – Notification of Director Required ................................................ 5-58

9.200.030 Illegal Subdivision – Permit Issuance Prohibited ........................................................ 5-58 Chapter 9.140 General Provisions
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Chapter 9.140
General Provisions
Division 5 – Subdivision Regulations Chapter 9.140
Council Hearing Draft – October 2026
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Chapter 9.140 General Provisions
Sections

9.140.010 Title, Citation, Authority, and Incorporation by Reference

9.140.020 Purpose

9.140.030 Applicability

9.140.040 Parcels Created Prior to July 14, 1971

9.140.050 Maps Required

9.140.010 Title, Citation, Authority, and Incorporation by Reference This Division 5 (Subdivision Regulations) shall be known and cited as the “Subdivision Regulations of the City of Cathedral City” or the “Subdivision Regulations”. The provisions of this Division are supplemental to the Subdivision Map Act.

9.140.020 Purpose
The purpose of this Division is to regulate the division of land within the City. These provisions implement and supplement the requirements of the Subdivision Map Act concerning the design and improvement of subdivisions and regulating other divisions of land within the City including the form and content of all maps and the procedure to be followed in securing official approval.

The regulations herein are determined to be necessary to protect and preserve public health, safety and general welfare and promote orderly growth and development. It is also the purpose of these regulations to ensure that the design and improvements of subdivisions is consistent with and promotes the goals and policies of the General Plan.

9.140.030 Applicability
No person shall divide any real property for the purpose of sale, lease, or financing except in compliance with the provisions of this Division.

A. Applicability. This Division shall apply to all parts of subdivisions within the City and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act.

1. Effect of Annexation. Any subdivision subject to annexation to the City shall comply with the Subdivision Map Act and this Division.

B. Subdivision Approval Required. Each subdivision and each part thereof lying within the City shall be made and each map shall be prepared and presented for approval as provided for and required by this Division.

C. Conflicts with the Subdivision Map Act. In the event of any conflicts between the provisions of this Division and the Subdivision Map Act, the Subdivision Map Act shall control.

Chapter 9.140 General Provisions
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D. Compliance with Other Policies and Regulations Required. The approval or conditional approval of a subdivision map shall be consistent with the City’s General Plan and any applicable specific plan, the Cathedral City Municipal Code, and any other applicable City policy and regulation.

9.140.040 Parcels Created Prior to July 14, 1971
On July 14, 1971, Riverside County Ordinance 460.14 became effective, which included a new section entitled “Minor Land Division”, requiring County approval of all maps and land divisions of fewer than five parcels. Therefore, pursuant to Section 66412.6(a) of the Subdivision Map Act, any parcel within the City of Cathedral City, created prior to July 14, 1971, which resulted from a division of land in which fewer than five parcels were created, shall be conclusively presumed to have been created lawfully.

9.140.050 Maps Required
A. Tentative Parcel Map and Parcel Maps (Four or fewer parcels). Except as provided in subparagraph 3 below, Tentative Parcel and Parcel Maps shall be required for the following:

1. Subdivisions of four or fewer parcels.

2. Divisions of land into five or more parcels that meet the following criteria and consistent with Government Code Section 66426:
a. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required.
b. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a public street or highway.
c. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths.
d. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.
e. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code Section 66418.2.

3. Exceptions. A Tentative Parcel Map and Parcel Map shall not be required for:
a. Public Agency or Utility Conveyances. Any conveyance of land, including a fee interest, an easement, or a license, to or from a governmental agency, public entity, public utility, or a subsidiary of a public utility for rights-of-way, unless the Director determines, based on substantial evidence, that public policy necessitates a Parcel Map in an individual case;
b. Rail Right-of-Way Leases. Subdivisions of a portion of the operating right-ofway of a railroad corporation as defined by California Public Utilities Code Section 230, which are created by short-term leases (terminable by either party on not more than 30 days’ notice in writing); or
Division 5 – Subdivision Regulations Chapter 9.140
Council Hearing Draft – October 2026
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c. Waived Parcel Map. A subdivision that has been granted a waiver of Parcel Map requirements in compliance with Section 9.150.030 (Waiver of Parcel Map).

B. Tentative Tract Maps and Final Maps (Five or more parcels). Tentative Tract Maps and Final Maps shall be required for subdivisions of five or more parcels that do not meet the criteria for Tentative Parcel Maps and Parcel Maps listed in A above.

1. Whenever a tentative tract map is required be filed, a vesting tentative map may be filed instead in accordance with the provisions of the Subdivision Map act.

Chapter 9.145 Tentative Parcel Maps and Tentative Tract Maps 5-8
Chapter 9.145
Tentative Parcel Maps and
Tentative Tract Maps
Division 5 – Subdivision Regulations Chapter 9.145
Council Hearing Draft – October 2026
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Chapter 9.145 Tentative Parcel Maps and Tentative Tract Maps
Sections

9.145.010 Purpose

9.145.020 Form and Contents

9.145.030 Determination of Complete Application

9.145.040 Referral

9.145.050 Review and Action

9.145.060 Automatic Approval if No Action

9.145.070 Required Finding for Tentative Maps

9.145.080 Grounds for Denial

9.145.090 Appeals of Tentative Parcel Maps and Tentative Tract Maps

9.145.100 Expiration of Approved Tentative Parcel Maps and Tentative Tract Maps

9.145.110 Correction and Amendment of Approved Tentative Parcel Maps and Tentative Tract Maps

9.145.010 Purpose
This Chapter establishes the application requirements, submittals, review, and required findings for approval and disapproval of Tentative Parcel Maps and Tentative Tract Maps, consistent with the requirements of the Subdivision Map Act.

9.145.020 Form and Contents
Unless exempted by the Director, the Tentative Parcel Map or Tentative Tract Map shall be prepared by, or under the direction of, a licensed land surveyor or a state-registered civil engineer authorized to practice land surveying. The map submittal shall include all necessary information on the applicable application checklists, and all required submittal information for any related concurrent entitlement reviews.

9.145.030 Determination of Complete Application
The Director shall determine whether the application is complete within 30 days after receipt of the application and shall notify the applicant of the determination in writing. The tentative parcel or tentative tract map application shall be accepted for processing only when the Director determines that:

A. All maps and information required by this division and the Subdivision Map Act have been submitted, checked, and accepted as complete;
B. All information required to conduct environmental review in compliance with the California Environmental Quality Act has been submitted; and
Chapter 9.145 Tentative Parcel Maps and Tentative Tract Maps 5-10
C. The required fees and deposits have been paid.

9.145.040 Referral
Within five days of determining that the tentative parcel or tentative tract map application is deemed complete, the tentative parcel or tentative tract map application shall be referred to affected agencies as required by the Government Code Section 66453, as well as any other City department, County, State or Federal agency, or other individual or group that the Director believes may be affected by the subdivision or may have information useful to the City about issues raised by the proposed subdivision.

9.145.050 Review and Action
Unless otherwise exempted by another part of this Code or the Government Code, the following review and action requirements apply.

A. Public Notice and Hearing. All applications for tentative parcel and tentative tract maps shall require public notice pursuant to Section 9.210.060 (Public Notice) and hearing before the Planning Commission, except as provided below.

1. The City 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 requirements of Government Code Section 66499.41.

B. Timing/Action. In accordance with Government Code Section 66452.1, a public hearing on a tentative parcel or tentative tract map shall be scheduled, and action shall be taken, within 50 days after:

1. The tentative parcel or tentative tract map application has been deemed complete; and

2. The 50 day time period shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.

9.145.060 Automatic Approval if No Action
If no action is taken within the specified time limits, the map shall be deemed to be approved if it complies with other applicable provisions of the Subdivision Map Act, this Division, other City ordinances and the General Plan pursuant to Government Code Section 66452.4. The appeal period to the Council shall begin on the date of such certification.

9.145.070 Required Finding for Tentative Maps
A tentative parcel or tentative tract map shall be approved or conditionally approved only if all requirements of this Code and other applicable Federal, State, and local laws, regulations, and policies of the City Council are complied with or can be met by compliance with specified conditions.

In carrying out the provisions of this Division, each local agency shall consider the effect of ordinances and actions adopted pursuant to this Division on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

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9.145.080 Grounds for Denial
In accordance with Government Code Section 66474, the review authority shall deny approval of a tentative parcel or tentative map if it makes any of the following findings:

A. That the proposed map is not consistent with the applicable general and specific plans; B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
C. That the site is not physically suitable for the type of development; D. That the site is not physically suitable for the proposed density of development; E. 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; F. That the design of the subdivision or the type of improvement is likely to cause serious public health problems;
G. 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. In this connection, the City Council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

This Subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council or Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

9.145.090 Appeals of Tentative Parcel Maps and Tentative Tract Maps A. Decision Final Unless Appealed. The approval of a tentative parcel or tentative tract map shall become effective for the purposes of filing a parcel or final map, including compliance with conditions of approval, on the 11th day following the date the decision is rendered by the applicable review authority, an appeal has not been filed pursuant to Chapter 9.300 (Appeals and Calls for Review).

9.145.100 Expiration of Approved Tentative Parcel Maps and Tentative Tract Maps An approved tentative parcel map or tentative tract map shall expire 36 months after such approval unless within that period of time a final map is approved and filed with the County Recorder or the expiration date is extended as provided in Section 66452.6 of the Subdivision Map Act and the following.

A. Time Extensions. Prior to the expiration date, the subdivider may apply in writing for an extension of time.

1. Application. The time extension written request shall be received at least 60 day prior to the expiration date of the tentative parcel map or tentative tract map and shall be accompanied by the required fee.

Chapter 9.145 Tentative Parcel Maps and Tentative Tract Maps 5-12

2. Decision. The Planning Commission may extend the date on which the map expires upon such application not more than two separate times, each time for up to three years each.

9.145.110 Correction and Amendment of Approved Tentative Parcel Maps and Tentative Tract Maps
A. Minor Corrections or Amendments.

1. Minor corrections or amendments to approved tentative parcel maps, tentative tract maps, and conditions of approval may be granted by the City Engineer; provided, that all of the following are true:
a. No more than 10 percent increase in the number of lots, units or building sites; and
b. The proposed changes are consistent with the conditions of approval; and c. The proposed changes are consistent with the Development Code, Building Code, the General Plan, and the Subdivision Map Act.

2. Approval of minor corrections or amendments shall not change any expiration dates.

B. Other Corrections and Amendments. Corrections and amendments to tentative parcel maps, tentative tract maps, and conditions of approval which are not deemed by the City Engineer to be minor shall be processed in the same manner as for the original approval.

Division 5 – Subdivision Regulations Chapter 9.150
Council Hearing Draft – October 2026
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Chapter 9.150
Parcel and Final Maps
Chapter 9.150 Parcel and Final Maps
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Chapter 9.150 Parcel and Final Maps
Sections

9.150.010 Purpose

9.150.020 Filing of Maps

9.150.030 Waiver of Parcel Map

9.150.040 Final Tract and Parcel Map Filing

9.150.050 Final Tract and Parcel Map Review and Approval

9.150.060 Corrections or Amendments

9.150.010 Purpose
This Chapter establishes requirements for the preparation, filing, processing, approval, conditional approval, or denial, and recordation of final parcel and final tract maps, following approval of a tentative parcel or tentative map.

9.150.020 Filing of Maps
After the approval or conditional approval of a tentative parcel or tentative map and prior to the expiration of the tentative parcel or tentative map, the subdivider may cause the real property included within the tentative parcel or tentative map to be surveyed and a final map or parcel map prepared in accordance with the approved or conditionally approved tentative parcel or tentative map.

9.150.030 Waiver of Parcel Map
A. Eligibility for Waiver. Except where required by the Subdivision Map Act, no parcel map need to be filed or recorded provided that the Planning Commission finds and determines that the proposed division of land complies with all applicable requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other requirements of the Subdivision Map Act and any applicable provisions of this Code.

B. Requests for Waiver. Waiver requests shall be in writing on a standard form provided by the Planning Department. The request shall include:

1. A request for waiver, signed and acknowledged by all owners of record of the land comprising the land division;

2. A description of each proposed parcel;

3. The submission of documentation (i.e., preliminary title report) as it deems necessary to verify the information presented in the request for waiver. All submissions shall be legible and readily reproducible. Before approval of a request for waiver, the subdivider shall complete or guarantee completion of the conditions of approval as if a parcel map were to be filed; and
Division 5 – Subdivision Regulations Chapter 9.150
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4. The Director may require the submission of a plat map, showing sufficient ties, dimensions, and bearings to adequately establish the boundaries of the land division and of each proposed parcel. Record information, when available, may be utilized.

C. Eligibility for Waiver. The Planning Commission may waive the requirement that a parcel map be filed if it first finds all of the following:

1. The design of each parcel described in the request for waiver is in substantial compliance with the tentative map, as approved; and

2. The subdivision complies with all applicable requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act, this Division, and the Municipal Code.

D. Certificate of Compliance. When a waiver is granted in compliance with this Section, a certificate of compliance, describing each approved parcel, shall be filed for record with the County Recorder. The certificate of compliance shall state that the requirement that a parcel map of the division of land be filed has been waived and that the parcels comprising the division may be sold, leased, financed, or transferred in full compliance with all applicable provisions of the Subdivision Map Act and this Division.

9.150.040 Final Tract and Parcel Map Filing
The final map submittal shall include all required items on the final map submittal checklist.

A. Parcel and final maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based on survey, and shall conform to the approved or conditionally approved tentative map.

1. They shall be prepared in accordance with the Subdivision Map Act and this Division.

2. Provided the requirements of Article 2 (Final Maps) and Article 3 (Parcel Maps) of Chapter 2, Division 2, Title 7 of the Government Code are met, the final map shall be based upon a field survey made in compliance with the Land Surveyor’s Act, or, at the discretion of the City Engineer, may be compiled from recorded or filed data when sufficient survey information exists on filed maps to locate and retrace the exterior boundary lines of the map and established the interior parcel or parcel lines.

B. Soils Report. A preliminary soils report, prepared by a civil engineer registered in California, and based upon adequate test borings, shall be required for every subdivision for which a final map is required, except when waived by the building official pursuant to Subdivision Map Act Section 66491.Multiple Parcel of Final Maps Filed from One Tentative Map C. Multiple parcel or final maps relating to an approved tentative map may be filed pursuant to Subdivision Map Act Sections 66463.1 and 66456.1.

9.150.050 Final Tract and Parcel Map Review and Approval A. City Council Review and Approval. The City Council shall approve or deny the tract or parcel map after it receives the map or at its regular meeting after the meeting at which it receives the Chapter 9.150 Parcel and Final Maps
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final map, unless that time limit is extended with the mutual consent of the Director and the subdivider.

B. Criteria for Approval.

1. The City Council shall approve the map if it conforms to all of the requirements of the Subdivision Map Act, all provisions of this Division that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map and all conditions of approval.
a. All required map certificates shall have been executed and signed, and all required taxes and assessments shall have paid or secured per Article 8, Chapter 4, Division 2 of the Government Code (sec 66492 et seq).

2. If the map does not conform, the City Council shall not approve the map. Approval of a map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the Council, does not materially affect the validity of the map.

C. Map with Dedications. If a dedication or offer of dedication is required on the map, the Council shall accept, accept subject to improvement, or reject, on behalf of the public, of any real property offered for dedication to the public in compliance with the terms of the offer of dedication, at the same time as it takes action to approve the map.

D. Map with Incomplete Improvements. If required improvements have not been completed at the time of approval of the map, the review authority shall require the subdivider to enter into a secured agreement with the City as specified in Government Code Section 66462 as a condition precedent to the approval of the map.

9.150.060 Corrections or Amendments
A. After a parcel or final map is filed with the County Recorder, the recorded map may be modified by a certificate of correction or an amending map in order to:

1. Correct an error in any course or distance shown; or

2. Show any course or distance that was previously omitted; or

3. Correct an error in the description of the real property shown on the map; or

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

5. Show the proper location or character of any monument which originally was shown at the wrong location or incorrectly as to its character; or

6. Correct any other type of map error or omission as approved by the City Engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and the identification of adjacent record maps. As used in this Section, “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the parcel or final map.

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B. 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 the requirements of Section 66434 of the Government Code if a final map, or Sections 66445(a) through (d) inclusive and 66445(f) through (i) inclusive if a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and the names of the present fee owners of the property affected by the corrections.

C. Submittal. The application for an amending map or certificate of correction shall be made to the City Engineer upon payment of any fee or deposit as set by City Council resolution or policy.

D. Filing with County Recorder. Once the amending map or certificate of correction has been certified and approved by the City Engineer, it shall be filed for recordation with the County Recorder without requiring legislative or advisory body approval.

E. Other Modifications. In addition to the amendments authorized by Subsection A of this Section, describing the purpose for amendments and corrections, the recorded parcel or final map may also be modified by a certificate of correction or amending map if:

1. There are changes in circumstances which make any or all of the conditions of the parcel or final map no longer appropriate or necessary; and

2. The modifications do not impose any additional burden on the present fee owners of the property; and

3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and

4. The City Engineer finds that the map, as modified, conforms to the provisions of these regulations, the General Plan and the Subdivision Map Act.

F. Public Hearing. Correction or amendment to maps proposed pursuant to Subsection E (Other Modifications) shall be set for public hearing before the legislative body or advisory agency that originally took final action on the project. Public notice of the hearing shall be given in accordance with Section 9.210.060 (Public Notice). The hearing shall be confined to consideration of and action on the proposed modifications. Approval of the proposed modifications shall not change any expiration dates.

Chapter 9.155 Certificates of Compliance
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Chapter 9.155
Certificates of Compliance
Division 5 – Subdivision Regulations Chapter 9.155
Council Hearing Draft – October 2026
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Chapter 9.155 Certificates of Compliance
Sections

9.155.010 Applicability

9.155.020 Application Requirements

9.155.040 Certificate of Compliance

9.155.050 Conditional Certificate of Compliance

9.155.060 Recordation and Compliance with Conditions

9.155.070 Effect of Parcel or Final Map

9.155.010 Applicability
A. Any person owning real property or a vendee of that person pursuant to a contract of sale of the real property may request a certificate of compliance establishing whether the real property complies with the provisions of the subdivision regulations and the Subdivision Map Act.

B. A recorded certificate of compliance establishes for the public record that the subject parcel is recognized as a separate legal parcel. If the parcel was created illegally and does not comply with City subdivision standards or with the Subdivision Map Act, the City may issue a conditional certificate of compliance. In such cases, all conditions of the certificate of compliance imposed pursuant to Section 9.155.050 (Conditional Certificate of Compliance) must be satisfied prior to the City’s issuance of any permit or other grant of approval for development of the affected property.

1. A certificate of compliance does not ensure that a parcel is developable. Nor does the issuance of a certificate automatically entitle the parcel owner to issuance of a building permit or other development permits and approvals without applications for and compliance with City requirements for those permits and approvals.

9.155.020 Application Requirements
Each separate parcel for which a certificate of compliance is requested shall require a separate application. The application form provided by the City shall be submitted with the required fee, a preliminary title report not more than six months old, a chain of title, and any maps or other supporting documents deemed necessary by the City to clarify when and how the parcel was created.

9.155.030 Time Limits for City Review
Within 50 days of acceptance of a complete application, the Director shall determine whether a certificate of compliance or a conditional certificate of compliance should be recorded.

Chapter 9.155 Certificates of Compliance
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9.155.040 Certificate of Compliance
A. If the City Engineer determines that the parcel complies with the provisions of the Subdivision Map Act and this Division, the City Engineer shall file a certificate of compliance for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act and this Division.

B. No Public Notice or Hearing. Public notice and public hearings are not required for certificates of compliance.

9.155.050 Conditional Certificate of Compliance
A. If the Director determines that the subject property was not created or subdivided in compliance with the Subdivision Map Act or the Municipal Code, the Director may impose conditions currently applicable to subdivisions if the current owner was the owner at the time of the illegal subdivision. If the current owner is not the same as the owner of record at the time of the illegal subdivision, the Director may impose conditions to bring the lot or parcel into compliance with the City’s standards that were in effect at the time of the current owner’s acquisition of the property.

1. Appeal. The conditions imposed may be appealed pursuant to Chapter 9.300 (Appeals and Calls for Review).

9.155.060 Recordation and Compliance with Conditions
Upon payment by the applicant of the appropriate recording fee, and following the expiration of the appeal period pursuant to Chapter 9.300 (Appeals and Calls for Review) or the City Council’s action on appeal, the Director shall cause a conditional certificate of compliance to be filed with the County Recorder. The certificate shall identify the property and serve as public notice that fulfillment and implementation of the conditions shall be accomplished before any subsequent issuance of a permit or other approval for development of the property. Compliance with the conditions shall not be required until a permit or other grant of approval for development is issued. The property owner shall notify the Director when all conditions have been met. If compliance with conditions is satisfactory, the Director shall cause a certificate of compliance to be filed with the County Recorder.

9.155.070 Effect of Parcel or Final Map
Recordation of a final parcel or final map shall constitute a certificate of compliance for all parcels described therein.

Division 5 – Subdivision Regulations Chapter 9.160
Council Hearing Draft – October 2026
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Chapter 9.160
Reversion to Acreage
Chapter 9.160 Reversion to Acreage
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Chapter 9.160 Reversion to Acreage
Sections

9.160.010 Purpose

9.160.020 Initiation of Proceedings

9.160.030 Data Required for a Reversion to Acreage

9.160.040 Public Hearing

9.160.050 Required Findings

9.160.060 Conditions of Approval

9.160.070 Effective Date

9.160.010 Purpose
The purpose of this Chapter is to establish procedures and standards, consistent with the requirements of the Subdivision Map Act, for the reversion of previously subdivided property to acreage.

9.160.020 Initiation of Proceedings
Proceedings for reversions to acreage map may be initiated by either of the following:

A. By Owner. Submittal of a petition of all the owners of record in the form prescribed by and containing the information required by this Chapter and the Subdivision Map Act.

B. By City Council. Passage of a resolution of the City Council at the request of any person or on its own motion.

9.160.030 Data Required for a Reversion to Acreage
The following data shall be provided:

A. Adequate evidence of title to the real property within the subdivision and one or more of the following:

1. Evidence of the consent of all the owners of any interest in the property; or

2. 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 recorded, or within the time allowed by the improvement agreement, whichever is later; or

3. Evidence that no lots shown on the parcel or final map have been sold within five years from the date the map was recorded.

B. A parcel or final map shall be provided with the petition, prepared in accordance with this title, which delineates the dedications which are not proposed to be vacated, as well as any dedications which are required as a condition of the proposed reversion to acreage.

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9.160.040 Public Hearing
A public hearing before the City Council shall be held on the proposed reversion to acreage. Notice of the time and place of any public hearing shall be given in conformance with the provisions of Section

9.210.060 (Public Notice).

9.160.050 Required Findings
Subdivided real property may be reverted to acreage and a final map approved for recordation only if the City Council finds 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:

1. 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 the later; or

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

9.160.060 Conditions of Approval
As conditions of reversion, the following shall be required:

A. Dedications or offers of dedication necessary for the purposes specified by City ordinance following reversion.

B. Retention of all previously paid fees if necessary to accomplish the purposes of this Division adopted pursuant thereto.

C. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this Division adopted pursuant thereto.

9.160.070 Effective Date
Reversion shall be effective upon the final map being filed for record by the County Recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.

Chapter 9.165 Merger of Parcels
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Chapter 9.165
Merger of Parcels
Division 5 – Subdivision Regulations Chapter 9.165
Council Hearing Draft – October 2026
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Chapter 9.165 Merger of Parcels
Sections

9.165.010 Merger of Contiguous Parcels

9.165.010 Merger of Contiguous Parcels
A. Contiguous parcels under common ownership may be merged without reverting to acreage pursuant to Government Code Section 66499.20.3
Chapter 9.170 Lot Line Adjustments
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Chapter 9.170
Lot Line Adjustments
Division 5 – Subdivision Regulations Chapter 9.170
Council Hearing Draft – October 2026
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Chapter 9.170 Lot Line Adjustments
Sections

9.170.010 Applicability

9.170.020 Permitted Lot Line Adjustments

9.170.030 Procedures

9.170.040 Recording with County Recorder

9.170.010 Applicability
A Lot Line Adjustment procedure is for the purpose of changing the boundary or boundaries between four or fewer existing adjoining parcels as provided for in Section 66412(g) of the Subdivision Map Act.

9.170.020 Permitted Lot Line Adjustments
A lot line adjustment is permitted, provided that all of the following conditions are met:

A. The adjustment is between four or fewer parcels;
B. No additional parcels are created;
C. The resulting parcels comply with the provisions of the Subdivision Map Act, the General Plan, any applicable specific plan, and the Development Code, including lot dimensions and area; D. The resulting parcels do not interfere with existing utilities, infrastructure or easements; E. Real property taxes have been paid; and
F. The City Engineer approve the adjustment.

9.170.030 Procedures
A. Application Form and Filing. An application for a lot line adjustment shall be made to the City Engineer. If required by Section 8762 of the Business and Professions Code, a record of survey shall be submitted. The applicant shall submit all information necessary to determine parcels included in the lot line adjustment are legal parcels pursuant to the Subdivision Map Act.

B. Review of Information. Within 30 days of the receipt of the application, the City Engineer will determine if the application is deemed complete or whether additional information is necessary to determine whether the proposed adjustments meet the requirements of this Chapter.

C. Required Findings. The City Engineer shall approve a lot line adjustment application if, on the basis of the application, plans, and materials, the City Engineer finds the adjustment conforms to Section 9.170.020 (Permitted Lot Line Adjustments), and:

1. That the proposed lot line adjustment is in conformance with the base zoning district and any overlay zoning districts or specific plans that apply to the site;

2. That said lot line adjustment is consistent with the General Plan; and Chapter 9.170 Lot Line Adjustments
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3. That the lot line adjustment is exempt from the subdivision requirements of the Subdivision Map Act.

D. Action. Within 30 days of the receipt of a complete application, the City Engineer shall approve, conditionally approve, or deny the application for a lot line adjustment and shall notify the owner of the determination.

E. Limitations on Conditions. The City Engineer shall not impose any conditions on the approval of a lot line adjustment except to comply with the requirements of this Division on permitted lot line adjustments. Any improvements that are required to be installed or constructed shall be installed or constructed pursuant to the requirements of this Division.

9.170.040 Recording with County Recorder
A Lot Line Adjustment shall not be effective until a deed signed by the record owners has been recorded with the County Recorder. The applicant shall submit deeds to the City Engineer for review and approval before recordation of the grant deed.

Division 5 – Subdivision Regulations Chapter 9.175
Council Hearing Draft – October 2026
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Chapter 9.175
Airspace Subdivisions,
Common Interest
Subdivisions, and
Condominium Conversions
Chapter 9.175 Airspace Subdivisions, Common Interest Subdivisions, and Condominium Conversions
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Chapter 9.175 Airspace Subdivisions, Common Interest
Subdivisions, and Condominium
Conversions
Sections

9.175.010 Purpose

9.175.020 Airspace Subdivisions and Common Interest Subdivisions

9.175.030 Condominium Conversions

9.175.010 Purpose
The purpose of this Chapter is to prescribe subdivision regulations that apply to airspace subdivisions, common interest subdivisions, and condominium conversions.

9.175.020 Airspace Subdivisions and Common Interest Subdivisions A. Applicability and Intent. This Section explains the review process and standards that apply to subdivision types that differ from the minimum lot area and dimensions in this Code. This Section covers projects that propose ownership boundaries or separate unit ownership within buildings or on parcels where property development standards such as lot coverage and density are determined by using the exterior boundaries of the property and where standards apply to the project as a whole instead of requiring conformance with all property development standards on each of the proposed parcels/units in the subdivision. These types of subdivisions can rely on shared ownerships as is the case with subdivisions with common interests (i.e., condominiums) or may also rely solely or in part with easements for common areas such as recreation facilities, open space, parking, driveways, etc. (i.e., flexible lot subdivisions, and airspace subdivisions).

B. Application and Review Requirements. Subdivisions subject to this Section shall be consistent with development projects which have already received development review approval or shall be processed concurrently with a separate development review application.

Tentative parcel map or tentative tract map application requirements are determined based on the number of lots or units and criteria of Section 9.140.050 (Maps Required).

C. Property Development Standards. Property development standards, including (but not limited to) density, setbacks, floor area ratios, and lot coverage limitations, shall apply with respect to the exterior boundary lines of the proposed subdivision and not to individual units or lots within the project. Interior setback standards for each newly created lot within the subdivision are dictated by minimum separation requirements of the building and fire codes and standard minimum setbacks of the Development Code are required at the exterior boundaries of the project.

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1. Lot Dimensions. Subdivisions subject to this Section may be any size or shape and shall not be subject to the minimum lot sizes, lot dimensions, and lot area requirements as described in the Development Code.

2. Access and Driveways. Driveway and pedestrian access shall be provided by direct access to the public right-of-way or may be served by an easement or be within a separate lot that is commonly owned and managed by an association or agreement, subject to the approval of the City Engineer.

3. Easements. Subdivisions subject to this Section shall provide for use easements or a commonly owned separate lot for any facilities such as driveways or open space and must provide for a method of common area maintenance by means of association or agreement.

D. Separate Conveyance. Separate conveyance of the lots resulting from an airspace or common interest subdivision is permitted. If dwellings or other structures on different lots are adjacent or attached to each other, the subdivision boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the lots share a driveway, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the lots (“CC&Rs”) for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot must be recorded before the City will approve a final map for the common interest subdivision. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from a common interest subdivision, all owners of the lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this Code.

1. Except as provided in State law, accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence.

9.175.030 Condominium Conversions
Condominium conversions include converting existing rental units, which are leased by the occupants, into condominium units, which may be owned by the occupants, through the application of a tentative map. Condominium conversions are not required to comply with existing setback and density standards if the development met all zoning and building standards in effect at the time of its construction.

A. Purpose and Intent. The purpose of this Section is to establish standards and special conditions for the protection of renters of converted residential apartment structures into condominiums. All residential condominium conversions shall conform to the provisions of this Section in addition to any and all requirements for preparation, review and approval of a tentative map application.

B. Application. The tentative map application for a condominium conversion shall be accompanied by the declaration of covenants, conditions and restrictions, articles of incorporation, bylaws and contracts for the maintenance, management or operation of any part of the condominium conversion project, which would be applied on behalf of any and all owners Chapter 9.175 Airspace Subdivisions, Common Interest Subdivisions, and Condominium Conversions
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of the condominium units within the project. In addition to the requirements of Civil Code Section 1355 and any requirements which might be imposed by the City consistent with these regulations, the organizational documents shall include provisions concerning the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping; an estimate of initial fees anticipated for such maintenance; and an indication of responsibilities for maintenance of all utility lines and services for each unit. The covenants, conditions and restrictions document shall include a reference to an attached, updated property condition report.

C. Qualifying Requirements. The following must be met in order to qualify for a condominium conversion.

1. Building Conditions. The structural, electrical, fire and life safety systems of the applicable structures either are or are proposed to be prior to the sale of the units, in a condition of good repair and maintenance, including such alterations or repairs as are required by the chief building official and fire chief.

2. Utilities and Devices. The applicable residential and/or common structures presently have, or are intended to have, plumbing in sound condition, insulation of all water heaters, and, where feasible, pipes for circulated hot water, individual gas and electrical meters, except in such cases where individual metering is clearly inadvisable or impractical, adequate and protected trash areas, smoke and fire detectors, and such other requirements as may be imposed as a condition of approval.

3. Access and Driveways. Driveway and pedestrian access shall be provided by direct access to the public right-of-way or may be served by an easement or be within a separate lot that is commonly owned and managed by an association or agreement, subject to the approval of the City Engineer.

4. Refurbishing and Restoration. All structures, common areas, sidewalks, driveways, landscaped areas and facilities, if defective, shall be refurbished and restored to a safe and usable condition. All deficiencies shall be corrected prior to recordation of a final map.

5. Tenant Protections. A person renting a unit within a property that includes a proposed condominium conversion shall be entitled at the time of conversion to all tenant rights in state or local law, including, but not limited to, rights respecting first refusal, notice, and displacement and relocation benefits.

6. Noticing. Tenants and prospective tenants have been given a tenant’s notice of intent to convert pursuant to the provisions of Subdivision Map Act 60 days prior to filing the application. Such notice shall be given by the applicant and shall contain information as to tenant’s rights under state and local regulations.

7. Subdivision Map Act. The applicant has complied with all applicable provisions of the Subdivision Map Act, including but not limited to Government Code Sections 66427.1 and 66452.18.

D. Processing.

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1. Except as required otherwise by this Chapter, the Subdivision Map Act or other applicable law, the tentative tract map or tentative parcel map and final map or final parcel map for a condominium conversion shall be reviewed and processed under this Division, whichever is applicable.

2. No final map or final parcel map for a condominium conversion shall be approved unless all the following findings are made:
a. Each existing tenant has received notification of intent to convert, in compliance with Section 66452.18 of the Subdivision Map Act, at least 60 days before the filing of the tentative tract map or tentative parcel map. b. Each existing tenant and each person applying for rental of a unit in the project has, or will have, received all applicable notices and rights required by this Title and the Subdivision Map Act.
c. Each tenant has, or will have, received 10 days written notice that an application for a public report will be, or has been, submitted to the California Department of Real Estate and that such report will be available on request. d. Each tenant of the proposed condominium conversion has been, or will be, given written notification within ten days of approval of a final map or a final parcel map.
e. Each tenant of the proposed condominium conversion has been, or will be, given at least 180 days written notice of intention to convert before tenancy is terminated due to the conversion or proposed conversion. f. Each tenant of the proposed condominium conversion has been, or will be, given notice of an exclusive right to contract for the purchase of such tenant's unit on the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant pursuant to Section 66452.20 of the Subdivision Map Act.

E. Other Provisions. In addition to the requirements of this Chapter, all otherwise applicable provisions of this Development Code, the Subdivision Map Act and other laws and regulations shall apply to the proposed condominium conversion. This Chapter shall not diminish, limit, or expand, other than as provided herein, the authority of the City to approve, disapprove or regulate condominium conversions or condominium projects.

Chapter 9.180 Two-Unit Residential Developments and Urban Lot Splits 5-34
Chapter 9.180
Two-Unit Residential
Developments and Urban Lot
Splits
Division 5 – Subdivision Regulations Chapter 9.180
Council Hearing Draft – October 2026
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Chapter 9.180 Two-Unit Residential Developments and
Urban Parcel Splits

9.180.010 Purpose and Intent.

9.180.020 Applicability.

9.180.030 Permit Application and Review. [Source: 9.116.040, modified]

9.180.040 Qualifying Requirements.

9.180.050 Separate Conveyance. [Source: 9.116.070, modified]

9.180.060 Rental Term.

9.180.070 Prohibited Uses.

9.180.080 Site Standards for Urban Parcel Splits. [Source: 9.116.110]

9.180.090 Development Standards.

9.180.010 Purpose and Intent.

This Section establishes development standards for two-unit residential developments and urban parcel splits consistent with the provisions of Government Code Sections 65852.21 and 66411.7 and State law, including Senate Bill (SB) 9 (2021) to encourage the development of a variety of housing types. [Source: 9.116.030, modified]

9.180.020 Applicability.

The procedures and standards established in this Section shall apply to all single-family properties meeting the requirements of Government Code Section 65852.21. [Source: NEW]

9.180.030 Permit Application and Review. [Source: 9.116.040, modified] A. Application. An applicant for an SB 9 two-unit residential development or an urban parcel split shall submit an application on a form prepared by the City, along with all information, materials, and fees prescribed by such form.

B. Review. Consistent with State law, the Director shall consider and approve or deny a complete application for a SB 9 two-unit residential development or an urban parcel split ministerially, without discretionary review or public hearing.

C. Nonconforming Conditions.

1. A SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected.

2. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban parcel split.

Chapter 9.180 Two-Unit Residential Developments and Urban Lot Splits 5-36
D. Approval. The ministerial approval of a SB 9 two-unit residential development or a parcel map for an urban parcel split shall take effect when the City has confirmed that all required documents have been recorded.

E. Specific, Adverse Impacts. The Director may deny an application for a SB 9 two-unit residential development or a parcel map for an urban parcel split if the Building official makes a written finding that the project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5 (2)(d), on either public health and safety or on the physical environment and for which there is no feasible method to mitigate or avoid the specific adverse impact.

9.180.040 Qualifying Requirements.

A proposed SB 9 two-unit residential development or urban parcel split shall meet all of the following requirements in order to qualify for ministerial review in compliance with the provisions of this Section: [Source: 9.116.050, modified]
A. Zoning District. The parcel shall be located in a single-family residential zoning district as defined in Chapter 9.20 (Residential Zoning Districts).

1. Exception. Proposed SB 9 two-unit residential development or urban parcel splits shall not be located on any parcel identified in Government Code Section 65913.4 (6), unless the development satisfies the requirements specified in Subsection (6).

B. Historic District or Property. Proposed SB 9 two-unit residential development or urban parcel splits shall not be located within a historic district or on a property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the State Public Resources Code, or within a site that is designated or listed as a City landmark or historic property .

C. Allowed Demolition or Alteration of Residential Development.

1. Proposed SB 9 two-unit residential development or urban parcel splits are prohibited from demolishing or altering residential development that is:
a. 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. Subject to any form of rent or price control.
c. Occupied by a tenant within the last three years.

2. Up to 25 percent of exterior structural walls of an existing residential development may be demolished if the parcel has not been occupied by a tenant in the last three years.

D. Property Owner. The subject parcel shall be owned solely by one or more individual property owners, community land trust, or a nonprofit corporation, excluding any corporation or corporate person of any kind, including, but not limited to, a partnership, LP, LLC, C corporation, or S corporation.

E. Prior Urban Lot Split. The parcel proposed to be subdivided:

1. Shall not have been established through a prior urban parcel split.

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2. Shall not be adjacent to any parcel that was established through an urban parcel split by the owner of the subject parcel or by any person acting in concert with the owner of the subject parcel.

9.180.050 Separate Conveyance. [Source: 9.116.070, modified] A. Two Dwellings on One Parcel. Primary dwelling units located on the same parcel may not be owned or conveyed separately from one another.

B. Dwellings on Separate Parcels. Two parcels resulting from an urban parcel split may be separately conveyed in compliance with the following:

1. If dwellings or accessory structures (such as garages) on different parcels are adjacent or attached to each other, the urban parcel split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new parcel line, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two parcels ("CC&Rs") for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the parcel shall be recorded prior to approval of a final parcel map for the urban parcel split.

2. Condominium airspace divisions and common interest developments are not allowed on parcels created through an urban parcel split or containing an SB 9 two-unit residential development.

9.180.060 Rental Term.

The rental of any SB-9 two-unit residential development shall be for a term longer than 30 days. Shortterm vacation rentals are prohibited in any dwelling unit on a parcel created through an urban parcel split or containing an SB 9 two-unit residential development. [Source: 9.116.090, modified]

9.180.070 Prohibited Uses.

Nonresidential uses are prohibited on parcels created through an urban parcel split or containing an SB 9 two-unit residential development. [Source: 9.116.080, modified]

9.180.080 Site Standards for Urban Parcel Splits. [Source: 9.116.110] A. Parcel Area.

1. Each of the resulting parcels shall be between 60 percent and 40 percent of the original parcel area.

2. Each resulting parcel shall measure at least 1,200 square feet in parcel area.

B. Access. Each resulting parcel shall adjoin the public right-of-way.

C. Minimum Width. Each resulting parcel shall have frontage on the public street of at least 20 lineal feet.

Chapter 9.180 Two-Unit Residential Developments and Urban Lot Splits 5-38
D. Easements for the provision of public services and facilities shall be provided, as determined by the City Engineer.

9.180.090 Development Standards.

Qualifying SB 9 two-unit residential development and any development on a parcel created through an urban parcel split shall be subject to the following standards and criteria: [Source: 9.116.120, modified] A. Minimum Unit Size. Each new primary dwelling unit shall meet or exceed the following minimum sizes:
a. Studio or one bedroom dwelling unit. 500 square feet. b. Two or more bedrooms dwelling unit. 700 square feet.

2. A primary dwelling that was legally established before the submittal of a complete application for an urban parcel split or an SB 9 two-unit residential development and that is smaller than 800 square feet may be expanded, in compliance with this Section.

B. Setbacks.

1. Minimum side and rear setbacks for a SB 9 two-unit residential development shall be no less than four feet. All other setbacks shall comply with the setback requirements of the zoning district.

2. Detached dwelling units and associated covered parking shall be a minimum of 10 feet from each other, unless all structures are single-story and not more than 16 feet in height, in which case the minimum separation shall be five feet.

C. Parcel Coverage. The maximum parcel coverage shall not exceed the maximum coverage of the underlying zoning district, except where such coverage would physically preclude the construction of up to two units or physically preclude either of the two units from being at least 800 square feet in floor area. The parcel coverage shall include all structures (primary and accessory), covered porches and patios, and covered parking areas.

D. Parking. Parking facilities shall comply with all parking requirements in Chapter 9.70 (Parking, Loading, And Access). [Source: NEW]

1. Exceptions:
a. The parcel is located within one-half mile walking distance of either: (i) a highquality transit corridor as defined in subdivision (b) of Section 21155 of the State Public Resources Code; or (ii) a major transit stop as defined in Section 21064.3 of the State Public Resources Code.
b. The parcel is located within one block of a car-share vehicle location.

E. Unit Design Standards. Both primary dwelling units in a SB 9 two-unit residential development shall use the same exterior colors and/or materials, including the exterior walls, roof pitch, and roofing material.

F. Deed Restriction. The property owner shall record a deed restriction that provides constructive notice of the restrictions resulting from the two-unit residential project or urban parcel split that states the following:

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1. The property is developed as a two unit project or formed as an urban parcel split and is therefore subject to the City's two unit residential or urban parcel split regulations, including all applicable limits on dwelling size and development.

2. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

3. Expressly prohibits any nonresidential use of the parcel.

4. Expressly requires the individual property owners to live in one of the dwelling units on the parcel as the owners' primary residence and legal domicile.

5. In the case of an urban parcel split, expressly requires the individual property owners to live in one of the dwelling units on the parcel as the owners' primary residence and legal domicile for a minimum of three years.
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Chapter 9.185
Subdivision Design Standards
Division 5 – Subdivision Regulations Chapter 9.185
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Chapter 9.185 Subdivision Design Standards
Sections

9.185.010 Conformance

9.185.020 Public Street Design

9.185.030 Private Streets

9.185.040 Street Grades

9.185.050 Street Alignment

9.185.060 Alleys

9.185.070 Lots

9.185.080 Property that Shall Be Included

9.185.090 Required Access

9.185.100 Design of Subdivision to Provide for Future Passive or Natural Heating or Cooling Opportunities

9.185.010 Conformance
A. All land divisions shall be consistent with the General Plan, with all applicable Specific Plans, with the requirements of the Development Code and other ordinances, and with the requirements of this Division except as hereinafter provided.

B. The requirements set forth within this Division are minimum requirements, and the City may impose greater requirements if so justified.

C. Exceptions from the requirements of this Division relating to the design or improvement of land divisions shall be granted by the decision making body only when it is determined that there are special circumstances applicable to the property, such as but not limited to size, shape or topographical conditions, or existing road alignment and width, and that the granting of the modification will not be detrimental to the public health, safety or welfare or be damaging to other property in the vicinity.

D. Applications for exceptions shall be made, in writing, stating fully the reasons and justification for the requested exception, and shall be submitted with the application for a land division.

E. All land divisions shall be subject to all conditions necessary and convenient to ensure that the land division satisfies the above requirements.

9.185.020 Public Street Design
A. The street system in the proposed land division shall follow the roadway classifications in the General Plan and shall relate, in general, to the existing streets in the area adjoining the proposed land division. The City may restrict access points into public streets.

Chapter 9.185 Subdivision Design Standards
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B. The proposed street plan shall consider the future development of adjoining undeveloped property.

C. All streets shall be designed to serve the proposed use of the proposed development and incorporate with the uses of the abutting land.

D. When improvements are required, part-width boundary streets in a land division adjacent to undivided land shall have a minimum right-of-way width of 40 feet or half the width of the General Plan street designation, whichever is greater. The land developer shall provide the prescribed half-width improvements, and the additional dedications shall be acquired from the adjacent undeveloped property.

E. When no improvements are required, part-width boundary streets shall have a minimum rightof-way width of 30 feet.

F. Additional right-of-way or easements shall be provided where necessary to accommodate roadway slopes, drainage structures, and other facilities related to land division improvements.

G. Design of streets shall make provisions for railroads, parkways, expressways, grade separations, flood control channels, prevailing geological conditions and local drainage facilities.

H. In order to assure adequate evacuation times, whenever lots of a proposed land division are located more than 1,320 feet from a publicly maintained circulatory road, alternate or secondary access shall be provided. This distance is reduced to 660 feet in areas designated by the Fire Chief as a high fire hazard.

I. When alternate access is required and the alternate access is off-site, or when any other public improvement is required or proposed off-site, the subdivider shall do each of the following as part of the tentative map review.

1. Show all proposed centerline, approximate gradients and radii on the tentative map in addition to other factors such as street widths, pavement surface, etc. for the off-site improvement/alignment; and,

2. Provide written assurance(s) from the owner(s) of the property underlying the off- site improvement/alignment that sufficient right-of way to construct will be provided. A formal agreement or offer of dedication is necessary to satisfy this requirement, but the owner's willingness to cooperate must be communicated in a form acceptable to the City Engineer. If the off-site right-of-way cannot be secured by the subdivider, then prior to the approval of the Final Map, the City may require the subdivider to enter into an agreement pursuant section 66462.5 of the Subdivision Map Act.

J. Dead-end and part-width streets shall not be permitted if it is determined that adjacent land use or topographical features will not permit the extension or widening of such streets. Dead-end streets shall be so designed that access to abutting property shall be physically possible.

K. On land divisions where street improvements are not required, the centerline alignment of the street right-of-way shall be located such that future improvements will be feasible and in accordance with City standards and ordinances.

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9.185.030 Private Streets
A. Private streets may be considered when it is determined that their construction and continued maintenance are assured by means of a nonprofit corporation or unincorporated association, that the welfare of the occupants of the development will be adequately served and that they will not be detrimental to the public health, safety and general welfare.

B. When a special design for a cul-de-sac, length of a street terminating in a cul-de-sac, landscaped median, or any other improvement design is proposed and is not provided for in this Division or in the improvement standards adopted by the City, the design shall be submitted to the City Engineer for approval.

C. Concrete wedge curbs in conformance with adopted City standards may be permitted in place of standard curbs on non-dedicated streets upon the determination of the City Engineer. New concrete wedge and rolled curbs are not permitted on dedicated streets unless placed in restoration work of existing wedge and rolled curbs and approved by the City Engineer.

D. Sidewalks shall be required to be constructed in conjunction with dedicated or non- dedicated private streets unless it is determined by the approving body to be unnecessary, considering the design of the development. Sidewalk construction shall be in accordance with the improvement standards adopted by the City unless otherwise approved by the City Engineer.

E. Improvement plans, agreements and bonds shall be required for all dedicated streets and may be required for non-dedicated private streets in accordance with the applicable provisions of this Division.

9.185.040 Street Grades
A. Grades for local streets may not exceed 16% unless approved by both the City Engineer and Fire Chief.

B. Street grades of less than 0.50% may be approved only when engineering design shows that local drainage provisions are adequate and steeper gradients cannot be obtained. The utilization of combinations of steep and minimum grade lines as a means of generating embankment materials for on-site tract grading to the detriment of street maintenance and good engineering design will not be approved. Every effort shall be made to design street grades which will be in conformance with the existing terrain.

9.185.050 Street Alignment
Curves of streets with right-of-way width of 60 feet or less shall have a minimum centerline radius of 300 feet in comparatively level locations and shall have a minimum centerline radius of 150 feet in comparatively steep hillside locations.

9.185.060 Alleys
A. Improved alleys with a minimum width of 20 feet may be approved at the rear or side of lots.

B. Alley intersections shall have minimum corner cutbacks of 10 feet or shall provide unobstructed sight distance as approved by the City Engineer.

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C. Dead-end alleys shall provide an adequate turnaround. If used by fire apparatus, the dead-end shall have a turn-around conforming to the City Fire Code.

D. Part-width alleys shall not be permitted.

9.185.070 Lots
A. Lot size and lot frontage shall not be less than the minimum required by the zoning classification applicable to the subject property, and shall be consistent with the General Plan, any applicable specific plan, and the Development Code.

B. When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement.

C. Side lot lines shall be at approximately right angles or radial to the street centerline, except where terrain or other restrictions make such design impractical.

D. Lots less than 2 acres in gross area shall not have double street frontage except that in hillside areas where the topography requires, lots may abut two or more streets provided that the frontage and vehicular access is from only one such street.

E. No lot shall be divided by a city, county, school district or other taxing agency boundary line.

9.185.080 Property that Shall Be Included
A. Any contiguous property that is owned by the subdivider shall be included within the boundaries of a land division when necessary or desirable in the design or improvement of the land division if the remaining parcels are less than 40 acres in size.

B. Any contiguous property owned by the subdivider that is not included within the boundaries of the land division shall be of sufficient size and configuration to comply with the requirements of the Development Code, General Plan, and any applicable specific plan. If the property does not comply with these requirements, it shall be included within the boundaries of the land division.

9.185.090 Required Access
A. No land division map shall be recorded unless public access is provided from each parcel of the land division to a city, county, state or federal road that is or will be maintained for public use. Public access to a road maintained by a property owner's association may be allowed if the City determines that there is no other feasible means of access, and if the association has the unqualified right to maintain the road pursuant to recorded conditions, covenants and restrictions which require the association to maintain the road and such requirement cannot be amended or terminated without the consent of the association.

B. The requirement for public access may be waived under the following circumstances.

1. If a parcel map creates 4 or less parcels and public access over intervening lands cannot be offered for dedications, an appurtenant private easement for ingress, egress, roadway, and public utility purposes may be approved, provided:
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b. No parcel smaller than one acre shall be created unless the land division results in no more than two additional parcels;
c. If no improvements are required, the private easement is not less than 20 feet in width, and is duly recorded, is perpetual in duration, and is not subject to liens and encumbrances which might impair or defeat its purpose. If improvements are required, a minimum of 40 feet is required. d. The access easement owned by the subdivider is not an exclusive easement or specifically written to prohibit further division of the land.

2. If a subdivision map has been previously recorded that permitted private streets without the requirement of offering the streets for dedication, a private road easement may be approved provided said easement grants the new lots unrestricted access rights to the existing private streets.

C. Public access is not required if each parcel created is 40 acres or more or is a quarter of a quarter section.

9.185.100 Design of Subdivision to Provide for Future Passive or Natural Heating or Cooling Opportunities
In order to provide for future passive or natural heating and/or cooling opportunities in a subdivision, the following considerations shall be taken into account: subdivision lot design, size, configuration of structure, orientation in an east-west direction, local climate, contour, configuration of the parcel to be divided, and other design and improvement requirements. Such provision shall not result in reducing allowable densities or the percentage of lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

These requirements do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

Chapter 9.190 Dedications and Reservations
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Chapter 9.190
Dedications and Reservations
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Chapter 9.190 Dedications and Reservations
Sections

9.190.010 Dedications

9.190.020 Acceptance and Rejection of Dedications

9.190.030 Certificate for Dedications-Reconveyance

9.190.040 Reservations

9.190.050 Standards for Reservations

9.190.060 Reservation Procedure

9.190.010 Dedications
As a condition of approval of a tentative tract map or tentative parcel map, the City may require dedication or irrevocable offer of dedication of real property within a subdivision for public use. For purposes of this Chapter, dedications include, but are not limited to, streets, bikeways, parks, landscaping, recreation facilities, school sites, alleys, including waiver of access rights and abutter's rights, drainage, public utility easements, and other public easements.

The City may also require the design of a subdivision for which a tentative tract map or tentative parcel map is required to provide one or more cable television systems, duly franchised by the City, an opportunity to construct, install, and maintain on land identified on the map as dedicated or to be dedicated to public utility use any equipment necessary to extend cable television service to each residential parcel in the subdivision.

9.190.020 Acceptance and Rejection of Dedications
When the City Council approves a final map or final parcel map, it shall also accept, accept subject to improvement or reject any offers of dedication. The City Clerk shall certify or state on the final map or final parcel map the action of the City Council. Acceptance of offers of dedication on a final map or final parcel map shall not be effective until the final map or final parcel map is recorded with the County Recorder.

9.190.030 Certificate for Dedications-Reconveyance
A. The City shall record a certificate with the County Recorder for all property which has been dedicated in fee for public purposes other than for open space, park, or schools. This certificate shall be attached to the final map or final parcel map and shall include:

1. Name and address of subdivider dedicating the property.

2. Legal description of the dedicated property.

3. A statement that the City shall reconvey the property to the subdivider if the City Council determines that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

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B. The subdivider may request the City to determine whether the same public purpose for which dedication was required still exists. The City may charge the subdivider a fee in the amount reasonably required to make such determination and in compliance with the fee schedule.

C. If the City Council determines that the same purpose for which a dedication was required does not exist, the City shall reconvey the property to the subdivider or successor in interest, except any portion of the property required for that same public purpose or for public utilities.

9.190.040 Reservations
As a condition of approval of a tentative tract map or tentative parcel map, the City may require, to the extent permitted by law, that areas of real property within a subdivision be reserved for public use. For purposes of this Chapter, such reservations include, but are not limited to, sites appropriate for recreational facilities, fire stations, libraries, and other public uses.

9.190.050 Standards for Reservations
Reservations required in connection with subdivisions shall be subject to the following conditions:

A. The required reservation(s) shall be based on and in accordance with policies and standards for such public uses contained in the adopted General Plan or any adopted specific plan.

B. The ordinance has been in effect for a period of at least 30 days before the filing of the tentative map.

C. The reserved area(s) shall be of such size and shape as to permit the balance of the property within which the reservation(s) are located to develop in an orderly and efficient manner.

D. The amount of land reserved shall not make development of the remaining land held by the subdivider economically unfeasible.

E. Each reserved area shall conform to the adopted General Plan or any adopted specific plan and shall be in such multiples of streets and parcels as to allow an efficient division of the reserved area in the event the City or other public agency does not acquire it within the time allowed by this Chapter.

9.190.060 Reservation Procedure
A. The public agency for whose benefit an area has been reserved shall, at the time of final map or final parcel map approval, enter into a binding agreement to acquire such reserved area within 24-months after the completion and acceptance of all improvements. Such period of time may be extended by mutual agreement.

B. The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative tract map or tentative parcel map, plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs on any loan covering the reserved area.

C. If the public agency for whose benefit an area has been reserved does not enter into a binding agreement as described in Subsection A of this Section, the reservation shall automatically terminate.

Division 5 – Subdivision Regulations Chapter 9.195
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Chapter 9.195
Improvements
Chapter 9.195 Improvements
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Chapter 9.195 Improvements
Sections

9.195.010 Requirements

9.195.020 Improvement Plans

9.195.030 Security for Improvements

9.195.040 Lien Agreement as Security

9.195.010 Requirements
A. General Requirements. The subdivider shall install improvements in accord with the general requirements set forth in this Chapter; provided, however, the City Engineer may require changes in typical sections, details, and/or design if unusual conditions arise to warrant such changes.

B. Standard Specifications. All improvements shall conform to the requirements contained in the City’s approved standard plans and specifications.

9.195.020 Improvement Plans
A. All improvements constructed or installed in public or private dedications shall be in accordance with detailed plans and specifications as approved by the City Engineer prior to commencement of said improvement work.

B. Plans for water and sewer improvements shall be signed by a registered civil engineer, and approved by the water and sewer purveyors. The City Engineer shall review water and sewer improvements for location prior to approval by the water and sewer purveyors. The City Fire Chief shall also sign the water plans when conditions include fire protection.

C. Contractors shall secure an encroachment permit and provide proof of insurance in the amounts required by the City for all work done within the City right- of-way prior to commencing said work.

D. Improvements proposed or required on State Highway right-of-way shall require Caltrans’ approval.

9.195.030 Security for Improvements
A. If the improvements are not completed prior to approval of the final map or parcel map, the subdivider shall enter into a secured agreement with the City to complete the improvements and in connection therewith shall furnish the City improvement security in the amounts required by Subsection D of this Section. Acceptable forms of security shall be limited to the following:

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

2. A deposit with the City of cash;
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3. An irrevocable instrument of credit from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to carry out the agreements are on deposit until released by the City.

4. An irrevocable letter of credit issued by a financial institution subject to regulation by the state or federal government guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the City Engineer, and that such written demand need not present documentation of any type as a condition of payment, including proof of loss.

B. The subdivision agreement and improvement security shall be executed on forms approved by the City Council and reviewed by the City Attorney and City Manager. The City Manager may execute the agreement on behalf of the City when authorized by the City Council at the time of final map approval. If corporate security bonds are to be used, they shall be substantially in the form provided for in the Subdivision Map Act.

C. The original period of the agreement and security shall not exceed 24 months. If a written request for an extension of time is filed with the City Clerk prior to the expiration of the original period or any granted extension, the City Manager may grant extensions for up to an additional two-year period. Such extensions may be granted only at the request of the landowner and after a showing that, if construction of improvements has commenced, reasonable progress is being made toward completion of the required improvement or, if construction has not commenced, the additional security has been furnished to cover the increased cost of construction of said improvements. In addition to the above requirements, and as a further condition to granting an extension of time, the City Manager may require additional agreements or security to be furnished, as are necessary to guarantee the completion of the improvements.

In addition, regardless of whether timely extension requests are filed with the City Clerk or the City Manager may grant requests for and enter into subdivision improvement agreement extensions for such periods as may be in the public interest, upon a showing by the subdivider of good cause. The City Manager shall have the discretion to determine if good cause for granting an extension has been shown, and shall require additional agreements and security to be furnished as condition precedent to the granting of such extensions.

D. Security to guarantee the performance of any act or agreement shall be in the following amounts:

1. 100 percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement;

2. 50 percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his subcontractors, and the persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act;

3. 10 percent of the total estimated cost of the improvement or the performance of the required act 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. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs Chapter 9.195 Improvements
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and reasonable expenses and fees, including reasonable attorneys fees incurred by the City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment.

E. Security may be released, in whole or in part, in the following manner:

1. Security given for faithful performance or any act or agreement shall be released upon the performance of the act and final completion and acceptance of the required work.

Once one third of the bonded work has been completed, a request for a partial reduction of securities for faithful performance may be submitted. The request shall be made in writing to the City Engineer, and a fully detailed description and cost estimate of the bonded work completed shall be provided with the request. A maximum of three reductions of the security for faithful performance may be granted by written order of the City Engineer upon a determination by the City Engineer that sufficient work has been completed and that the amount of security remaining is sufficient to guarantee completion of the remaining improvements. Requests for partial reductions, setting forth in detail the amount of work completed, shall be made in writing to the City Engineer.

2. The City Engineer may reduce the amount of security given for Faithful for Performance, but not to an amount less than 200% of the estimate of the remaining work.

3. Security securing the payment to the contractor, the subcontractors, and the persons furnishing labor, materials or equipment may, after of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and after acceptance of the work, be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the City Council, and if no such claims of lien have been recorded, the security may be released in full. Requests for release shall be made to the City Engineer who may, prior to the release of any security under this paragraph, require the subdivider to provide a title report or other form of evidence sufficient to show what claims of lien, if any, are of record on the land division.

4. The release of such security shall not apply to any required guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorney fees.

F. In any case where the performance of the obligation for which the security is required is subject to the approval of another agency, the security shall not be released until the obligation is performed to the satisfaction of such other agency.

G. The liability upon the security given for the faithful performance of any act or agreement shall be limited to:

1. The performance of the work, covered by the agreement between the subdivider and the City for the performance of the required act.

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2. The performance of any changes or alterations in such work, provided that all such changes or alterations do not exceed 10 percent of the original estimated cost of the improvement.

3. The guarantee and warranty of the work for a period of one year following completion and acceptance thereof against any defective work or labor done or defective materials furnished in the performance of the agreement or the performance of the act.

4. Costs and reasonable expenses and fees, including reasonable attorneys' fees.

H. If the estimated cost of completing the street/drainage improvements, water system improvements, or sewer system improvements is less than $25,000, a cash bond shall be required for that specific improvement.

I. All securities guaranteeing the placement of survey monuments, lot corners and centerline ties, shall be cash bonds, in the full amount of the estimated cost of providing such monuments.

J. The City Engineer is authorized to reduce the security in accordance with the provisions of this section.

9.195.040 Lien Agreement as Security
A. The subdivider may, in lieu of posting a security described in Section 9.190.030 (Security for Improvements), enter into an agreement with the City to construct the required improvements in the future, securing such performance by granting the City a lien on the real property to be divided. Such agreements shall be known as ‘lien agreements’. The use of lien agreements shall only be allowed if all requirements of this Section are satisfied and all applicable fees are paid.

B. The Subdivision Map Act Section 66499(a)(4) authorizes the City to enter into lien agreements if it is found by the City that it would not be in the public interest to require the installation of the required improvements sooner than two years after the recordation of the map. Where the City makes such a finding, the subdivider, with the permission of the City, may execute a lien agreement with the City at the time the subdivider enters into an agreement with the City to construct the improvements required as conditions of approval by the Planning Commission or City Council on a tentative map.

C. A lien agreement may be used to substitute an existing security at the City's sole discretion.

The City will not accept a lien agreement from any subdivider, either at the time of execution of the agreement to construct improvements, or as a substitute for existing security, if any individual lots have been sold, if any construction permits, including but not limited to any grading or building permits, have been issued on any of the property, or if construction of any of the required improvements has begun. Notwithstanding the above, the City may accept a lien agreement from any subdivider as a substitute for existing security if grading has commenced on the land to be divided so long as the grading is in strict accordance with a valid grading permit and all the following are met:

1. There is no need for the City to construct the required improvements if the subdivider's project is abandoned or delayed for any period of time or for any other reason; Chapter 9.195 Improvements
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2. The grading has no effect on the use, operation and maintenance of existing streets or highways, public or private;

3. The grading has not caused the modification or closure of any public access points, existing streets or highways, public or private;

4. Additional drainage improvement and/or erosion controls are not necessary and/or installed in the road right-of-way due to the grading;

5. Delay of the construction of the subdivider's required improvements do not affect or delay the improvements of an adjacent subdivider who has already commenced work on his or her required improvements.

D. Lien agreements shall:

1. Be allowed only where the subdivider provides a title insurance policy and current title report from a title company approved by the City that documents that the subdivider is the record owner of the real property to be divided and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens. The title insurance policy and title report shall be issued within the 60 days prior to the execution of the lien agreement.

2. Be in a form acceptable to and approved by City Attorney.

3. Contain an itemization of the required improvements and an estimate of costs approved by the Director of Engineering/Public Works and shall specify that the subdivider's or subsequent owner's obligation extends to the actual cost of construction of the required improvements if such costs exceed the estimate.

4. Be recorded with the County Recorder.

5. Be approved concurrently with the approval of the final map with a note of the lien agreement's existence placed on the map, except where the lien agreement is being substituted after final map approval for other security previously deposited, in which case the lien agreement shall be signed and acknowledged by all parties having any record title interest in the property, as prescribed by Government Code Section 66436, consenting to the subordination of their interests to the lien agreement.

6. Be approved only when the appraised value of the land being divided less all trust deeds, liens and encumbrances, is at least 150 percent of the value of the proposed lien on the property.

7. Provide that prior to the issuance of building permits or the commencement of improvements on the divided land, the owner or developer must provide substitute improvement agreement and improvement security for the lien agreement, in one of the forms approved in Section 9.145.020.

E. From the time of recordation of the lien agreement, a lien shall attach to the property and shall have the priority of a judgment lien in an amount necessary to complete the required improvements. Under no circumstances shall the County agree to subordinate the lien.

F. The lien agreement shall provide that the subdivider shall substitute acceptable security for the lien agreement and commence to construct the improvements required as conditions of Division 5 – Subdivision Regulations Chapter 9.195
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approval by the Planning Commission or City Council of a tentative map within three years following recordation of the map, or in the case of a lien agreement which has been substituted for existing security pursuant to Section C within three years following recordation of the lien agreement.

G. The time for substitution of acceptable security and commencement of construction of the required improvements in Subsection F above, may be extended up to three times, by the City Manager upon the written request of the owner and a showing of good cause. The City Manager shall have the discretion to determine if good cause for granting an extension has been shown. Each extension shall be for a period not to exceed one year. However, the City Council may grant additional time extensions, as it deems appropriate, for substitution of acceptable security and commencement of construction of the required improvements pursuant to agreements secured either by (i) lien agreements executed at the time of recordation of the map, or (ii) lien agreements substituted for an existing security furnished. For each extension of time under this Subsection, the subdivider shall provide a title insurance policy and current title report from a title company approved by the City that documents that the subdivider is the record owner of the real property to be divided and the real property to be divided is not subject to any mortgages, deeds of trust, or judgment liens. The title insurance policy and title report shall be issued within the 60 days prior to request for an extension of time.

H. No individual lots may be sold while the lien agreement is in place. However, fee title to the entire property encumbered by the lien agreement or to all lots designated on any individual final map which is encumbered by the lien agreement, may be sold in the aggregate to a single purchaser, provide that the proposed purchaser must, prior to assuming title to the property, either (i) execute a new lien agreement in a form acceptable to the City which will encumber the property to be conveyed, specifying the respective obligations of the owners of property subject to the original and new lien agreement, or (ii) provide acceptable alternative security for the required improvements to be constructed as a condition to development of the property conveyed. Any new lien agreement must require that acceptable security be substituted therefore, and the improvements secured thereby commenced by the same date provided in the lien agreement with the original owner, unless such date shall be extended by the City Manager as provided in Subsection G above.

I. At the time the City Council approves a lien agreement, the subdivider shall provide a cash deposit to the City in the amount as determined by City Council Resolution for the purpose of reverting the property to acreage if the subdivider breaches the terms of the lien agreement. In addition, at such time as title to any property subject to a lien agreement shall be conveyed, the transferee thereof, if such transferee executes a new lien agreement to secure construction of the improvements imposed upon such property as described in Subsection D above, shall provide a substitute cash deposit in the amount of $12,000.00 to the City for the purpose of reverting the property to acreage if the subdivider breaches the terms of the lien agreement.

Any unused portion of any such deposit shall be refunded to the subdivider following completion of such reversion. If the costs of reverting the property to acreage exceed $12,000.00, the subdivider shall pay such additional costs to the City prior to recordation of the reversion to acreage map.

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J. The lien agreement shall only be released upon substitution of acceptable security for the lien agreement under Section D in order to begin construction of the required improvements, or upon recordation of a reversion to acreage map.

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Chapter 9.200
Violations and Enforcement
Chapter 9.200 Violations and Enforcement
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Chapter 9.200 Violations and Enforcement
Sections

9.200.010 Generally

9.200.020 Illegal Subdivision – Notification of Director Required

9.200.030 Illegal Subdivision – Permit Issuance Prohibited

9.200.010 Generally
Except as otherwise provided in this Division, the Director and City Engineer are authorized and directed to enforce the regulations set out in this Division and the Subdivision Map Act for subdivisions within the City.

9.200.020 Illegal Subdivision – Notification of Director Required Any officer or employee of the City who has knowledge that real property has been divided in violation of the Subdivision Map Act or the regulations set out in this Code shall immediately so notify the Director and/or City Engineer. Upon receipt of the information, the Director and/or City Engineer shall file the notices required by the Subdivision Map Act, pursuant to Government Code Section 66499.36.

9.200.030 Illegal Subdivision – Permit Issuance Prohibited Pursuant to Government Code Section 66499.34, no board, commission, officer or employee of the City shall issue any permit or grant any approval necessary to develop any real property within the City which has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or of this Division if it finds that development of such real property is contrary to the public health or public safety.

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Cathedral City City CouncilOctober 14, 2026

Cathedral City City Council
October 14, 2026