Tracy | Lot size and subdivisions

Tracy, California Lot Size and Subdivisions: Minimum Lots by Zone, Parcel Maps, Tentative Maps, SB 9 Lot Splits and Small-Lot Maps

Two parts of the Tracy Municipal Code decide whether land can be divided. Chapter 10.08, the zoning chapter, sets the smallest lot in each zone. Title 12, which the code says "may be cited as the Subdivision Ordinance of the City of Tracy," sets the maps, hearings and street and utility work that a division needs. Most sections of Title 12 carry a history note of 1996, and the title has no section on the newer state lot split laws, so those statutes apply directly. This page covers lot sizes, each type of map, how long approvals last, and the state lot split laws. The Tracy overview has the summary.

Minimum Lot Size by Zone

Sources: Tracy Municipal Code 10.08.1110, 10.08.1210, 10.08.1290, 10.08.1400, 10.08.1473, 10.08.1590, 10.08.1920, 10.08.1930, 10.08.2400, 10.08.2405, 10.08.2550 and 10.08.2560 (Supplement 69); Ordinance No. 1391.

• LDR. Section 10.08.1210: "The minimum lot area shall be 5,600 square feet," "The minimum lot width shall be fifty-six (56') feet; provided, however, lots on cul-de-sacs or knuckles shall have a minimum frontage of forty-five (45') feet at the front lot line," and "The minimum lot depth shall be ninety (90') feet." Two full LDR lots therefore need 11,200 square feet (VanPlex arithmetic: 2 times 5,600).
• Where width is measured. Section 10.08.560 defines lot width as "the distance parallel to the front lot line measured between the side lot lines at the required front yard."
• No minimum in three zones. In MDC, MDR and HDR the lot area section now reads "There shall be no minimum lot size for this district." Density then sets how many homes fit: 5.9 to 20 per gross acre in MDC and MDR and 20 to 35 in HDR. See the zoning districts page.
• SLR. Section 10.08.1473: "The minimum lot area shall be 1,400 square feet" and "The minimum lot width shall be twenty-five (25') feet." A lot may front on "a private court or lane, rather than a public street." These requirements "may be increased or decreased for conditional uses."
• Lots with no public sewer. Section 10.08.3280 says that for lots "not served by a publicly owned sewage disposal system, the minimum area and minimum frontage of each lot shall be determined by the Commission in conformance with the San Joaquin Department of Environmental Health."

Older Small Lots and Flag Lots

Section 10.08.3260 protects lots that were legal before the current sizes. A lot with less than the required area or width that "was of record on February 16, 1978, or is part of a subdivision, the tentative map of which was approved by the City or County Planning Commission prior to February 16, 1978," is "deemed to have complied with the minimum required lot area and width." The section ends "All other requirements of the zone shall be met." The yard rules also carry a date: in LDR and MDR, lots "recorded prior to June 1, 1965, and less than sixty (60') feet wide may utilize five (5') foot side yards."

A flag lot is a lot behind another lot, reached by a narrow strip of land to the street. Section 10.08.3320 permits new ones "only within the area of the Holly/Clover Specific Land Use and Circulation Plan area, as outlined by the boundary map adopted by Resolution No. 3075, March 21, 1978." The conditions:

• "Only one flag lot can be created on each existing lot of record as of July 5, 1978."
• "The flag lot shall contain a minimum eighteen (18') foot wide access strip," with an emergency vehicle turnaround at its end.
• "The two (2) lots created by the flag lot division shall conform to all zone requirements, except the frontage requirements which are waived for the flag lot."
• Driveways to flag lots "shall be separated by a minimum of twenty (20') feet from all other driveways" at the street.
• The Fire Department reviews hydrants and water flow.

Outside that plan area the code gives no way to create a flag lot, because Title 12 requires that "Each residential lot created shall have frontage on a public street improved to City standards." Private streets "are not normally permitted," though the Planning Commission or City Engineer may approve them where "a logical development of the land requires."

Which Map a Division Needs

A tentative map shows the proposed lots, streets and improvements for the City to approve. A parcel map or final map is the surveyed map that is recorded with the County Recorder and creates the lots. Section 12.12.020 sorts divisions by size: "A tentative parcel map and parcel map are required for all divisions of land into four (4) or fewer parcels," and "A tentative subdivision map and final map are required when the Department determines that a proposed subdivision creates five (5) or more parcels, or five (5) or more condominiums."

Sources: Tracy Municipal Code 12.04.080, 12.12.020, 12.12.040, 12.16.070, 12.16.080, 12.20.090, 12.24.040 and 12.28.070 (Supplement 69); Gov. Code 66411.7 and 66499.41.

Parcel Maps: Four Lots or Fewer

• Who prepares it. The tentative parcel map is prepared "by or under the direction of a qualified registered civil engineer or licensed land surveyor."
• Hearing. Section 12.12.040: "the City Engineer shall hold a public hearing on each tentative parcel map."
• When the Planning Commission hears it. A map filed with a zoning application that needs a Commission hearing "shall automatically be referred to the Commission." The City Engineer also sends a map to the Commission "when the proposed development raises major general plan issues or extraordinary public concern."
• Deadline. Section 12.24.040: the map "may be approved, conditionally approved, or denied by the City Engineer within fifty (50) days after the application has been accepted as complete, or after complying with CEQA, whichever is later." CEQA is the state environmental review law.
• The recorded map. Under Section 12.24.070 "The City Engineer shall approve the parcel map if it substantially complies with the requirements of the Subdivision Map Act, this title, the tentative parcel map and all of its conditions." Survey closure may not exceed "1:10,000 for field closures and 1:20,000 for calculated closures."
• When the Council is involved. If the map needs a subdivision improvement agreement or a deferred improvement agreement, "the agreement must be approved by the City Council before the parcel map is approved."
• Waiver. Section 12.04.060 lets the City Engineer waive the tentative parcel map in three cases: a division by probate, eminent domain or court judgment, a conveyance to or from a public body, and "A division of property which has been merged."

Tentative and Final Maps: Five Lots or More

Section 12.16.070 gives the decision to the Planning Commission, which "shall approve, conditionally approve, or deny the tentative subdivision map, and the Department shall report the decision to the subdivider within fifty (50) days after the tentative subdivision map has been accepted as complete, or after complying with CEQA, whichever is later." The Commission must find, among other things, that "The proposed map is consistent with the general plan, any applicable specific plan, and this title," that "The site is physically suitable for the proposed density of development," and that the map complies with "the local floodplain ordinance (Municipal Code Chapter 9.52)." One sentence favors housing: "The Planning Commission shall consider the effect of its action on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources."

• After approval. "If the map is approved, the subdivider shall, within three (3) months of the approval, submit a tentative map showing the conditions and changes as approved."
• Final map. The City Engineer checks the final map against the tentative map. Under Section 12.20.090 it is then "filed with the City Council for approval," and "The City Council shall consider approval of the subdivision improvement agreement and improvement security concurrently."
• Phases. Section 12.20.020 allows several final maps on one tentative map where the subdivider gives written notice when the tentative map is filed. "Each final map which constitutes a part of the approved tentative subdivision map shall have a separate tract number."
• One map at a time. Section 12.12.010 bars a second tentative map application for a parcel that already has an approved one, unless the first is withdrawn in writing.
• Growth allotments. A home on a new subdivision lot needs a residential growth allotment before its building permit. See the growth management page.

Notice, Appeals and How Long Approval Lasts

• Notice. Section 12.12.050: "Notice shall be given at least ten (10) days before the hearing," by newspaper and by mail "to all owners of real property within 300 feet of the property." The subdivider pays the cost of notice.
• Staff report. The written recommendation goes to the subdivider "at least three (3) days before any hearing or action."
• School districts. "Within ten (10) days after the application for a tentative map is accepted as complete, the department shall send a notice of the filing to the governing board of any affected school district," which has 20 working days to respond.
• Appeals. Section 12.12.060: a decision of the City Engineer or Community Development Director goes to the Planning Commission, and a Commission decision to the City Council, each "within ten (10) days after the action is taken." The appeal hearing is held "within thirty (30) days of the filing of the notice of appeal," and the decision is made in writing "within ten (10) days after the hearing is concluded."
• Expiration. Section 12.16.080: "The approval of a tentative subdivision map expires twenty-four (24) months from its approval." Section 12.24.050 says the same for a tentative parcel map.
• Extensions by request. Under Section 12.16.090 "the Planning Commission may approve an extension of the tentative map for a period or periods not to exceed a total of three (3) years." The request must be filed before the map expires. "The commission may deny the extension if the map is not consistent with the current standards."
• Extensions by law. Where the subdivider must build or pay for "one hundred twenty-five thousand dollars ($125,000.00) or more" of public improvements outside the map, "each filing of a phased final map extends the expiration of the tentative map by thirty-six (36) months, not to exceed a total of ten (10) years." The amount is adjusted for inflation each year after 1990.
• Vesting maps. A vesting tentative map fixes the rules that apply to the project. Section 12.28.070 says it "confers a vested right to proceed with development in substantial compliance with the written ordinances, policies, and standards in effect at the time the City has determined the application is complete." After the final map records, the right lasts "one year from the date of recording," and the Council may add one more year.

Streets, Utilities and Park Land

Section 12.36.020 lists what a subdivider builds. "The frontage of each lot shall be improved consistent with the geometric sections of the Roadway Master Plan, including street structural section, curbs, gutters, sidewalks, driveway approaches, transitions, landscaping and streetlighting." Storm water is carried in "an approved storm drain system." "Each unit or lot within the subdivision shall be served by the City sanitary sewer system," and "by the City water system, with a separate water meter." "All existing and proposed utilities within the subdivision and/or within any full width street or right-of-way abutting a new subdivision shall be placed underground."

• Deferring frontage work on a parcel map. Section 12.36.030: "The frontage and internal improvements along existing frontage and internal streets may be deferred by the City Engineer." The owner signs a recorded agreement, approved by the City Council, to build them "within ninety (90) days of the receipt of the notice to proceed from the City."
• Planned streets. Under Section 12.32.010, where a lot abuts a planned thoroughfare or storm channel, no map is approved and no building permit issued "unless necessary frontage has been dedicated and improved, or assured, for the full frontage width of the lot."
• Park land, code text. Section 13.12.080 requires development to "maintain the City standard of four (4) acres of park land per 1,000 population," by land, a fee, or both, as a condition of a map or a building permit.
• Park land, new text. Ordinance No. 1404 of September 15, 2026 adds Chapter 13.37. "For subdivisions creating 50 parcels or fewer, only payment of a fee shall be required unless the Developer and the City Manager or their designee agree to a land dedication." The fee is "based on the fair market value of the amount of land which would otherwise be required to be dedicated." It was not yet in the Municode code on October 10, 2026.
• Remainders. Section 12.12.030 lets a subdivider leave part of the land undivided as a designated remainder, which "shall not be counted as a parcel for the purpose of determining whether a parcel map or final subdivision map is required."

Lot Line Adjustments, Mergers and Certificates

• Lot line adjustment. Section 12.04.070 defines it as "a change in an existing lot line between two (2) or more parcels, where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created." The resulting parcels must conform to zoning, real property taxes must be prepaid, and the change is recorded by deed.
• What to file. Section 12.04.080 asks for a letter from the owner, a legal description and exhibit map "prepared by a registered civil engineer or licensed land surveyor," a sketch showing structures and utilities "within fifty (50') feet of an existing or proposed property line," and a preliminary title report "prepared within ninety (90) days of the application."
• Reducing a nonconformity. The Director may find that the new parcels "substantially conform to the zoning regulations if the lot line adjustment will significantly reduce the degree of non-conformity regarding nonconforming lot coverage, yard setbacks, or distances between structures."
• Mergers. Under Chapter 12.48 the City may treat adjoining parcels in one ownership as merged where one is undersized and, for example, "Comprises less than 5,000 square feet in area." An owner may also ask for a merger and waive the hearing under Section 12.48.080.
• Certificate of compliance. Under Section 12.56.030 an owner or buyer "may request the City Engineer to determine whether the real property complies with the provisions of the Subdivision Map Act and this title," with a title report "not more than thirty (30) days old."

Condominiums and Conversions

Selling homes on one lot separately is a subdivision too. Five or more condominiums need a tentative subdivision map. Chapter 12.40 adds standards for new condominiums: landscaping on "twenty (20%) percent of the net developable area," and, under Section 12.40.060, "a minimum of two hundred (200) cubic feet of storage space" outside each unit that has no attached garage, and a separate circuit breaker panel for each unit.

Chapter 12.41 covers turning rented apartments into condominiums. Section 12.41.060 requires notice to each tenant "at least sixty (60) days before the filing of a tentative map." A tenant gets "a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public," for "at least ninety (90) days." A tenant who does not buy has "not less than 180 days" to move, and a tenant who is handicapped, has minor children in school or is aged 60 or older gets "at least an additional six (6) months after approval of the final map." Each converted unit needs its own gas and electricity meters. A conversion of apartments to condominiums is exempt from the growth limit under Section 10.12.060(a).

Housing Element Sites and Cluster Development

Section 10.10.194, added by Ordinance No. 1385 on April 7, 2026, deals with the ten large sites in the City's housing plan, "parcels ranging in size from 11.4 to 104.1 acres." The City commits to "Facilitate the development and subdivision of large lots and vacant portions of non-vacant parcels to sizes appropriate for the development of affordable housing units (0.5-10 acres)," to "give high priority to processing subdivision maps that include twenty (20%) percent of the units as housing affordable to lower income households," and to "utilize the administrative parcel map process outlined in Title 12 Subdivisions, Chapter 12.24." One line changes the usual order of work: "The parcel map process will include removing infrastructure requirements at the time of a lot split and instead move this requirement to the development phase."

Article 11 of Chapter 10.10, added the same day, allows cluster development: homes grouped on part of a site so the remaining land stays open. It is permitted "in any zoning district" with a conditional use permit from the Planning Commission. The number of homes "shall be the same as the underlying density of the zoning designation for the property calculated on gross acres." Lot standards are "those most similar to the zoning district corresponding to the resulting lot size," and the land left over is "placed in a separate tract with common ownership as an active or passive park."

State Lot Split Laws: SB 9 and SB 684

A search of Titles 10, 12 and 13 found no mention of Government Code 66411.7, the SB 9 urban lot split, or of Government Code 66499.41, the small-lot map law that VanPlex covers on the SB 684 and SB 1123 page. Both apply in Tracy as state law.

• Urban lot split. A lot in a single-family zone may be divided once into two lots "of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel," and "both newly created parcels are no smaller than 1,200 square feet." A 5,600 square foot LDR lot could become lots of 2,800 and 2,800 square feet, or 2,240 and 3,360 (VanPlex arithmetic: 40 and 60 percent of 5,600).
• No street work as a condition. A city "shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split." It may require easements for utilities and that the parcels "have access to, provide access to, or adjoin the public right-of-way."
• No hearing. Title 12 sends a tentative parcel map to a public hearing before the City Engineer. Section 66411.7 says a city "shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review," within 60 days. The code has no separate step for this, and the statute controls. Ask the Engineering Division how it files an urban lot split.
• Small-lot maps. Section 66499.41 covers a subdivision of "10 or fewer parcels" with "10 or fewer residential units." The lot is either "Zoned to allow multifamily residential dwelling use" and "no larger than five acres," or "Vacant and zoned for single-family residential development" and "no larger than one and one-half acres." In Tracy the MDC, MDR, SLR and HDR zones permit multiple-family dwellings.
• Lot and home sizes. New parcels are "no smaller than 600 square feet," or 1,200 square feet where "zoned for single-family residential use." The homes average no more than "1,750 net habitable square feet." The parcels "will be served by a public water system and a municipal sewer system."
• Deadline. The City decides "within 60 days from the date the local agency receives a completed application," and the map is deemed approved after that.
• Growth limit. Section 10.12.060 exempts four homes or fewer "on a single existing lot." How the City counts homes on lots made by these state maps is a question for the Planning Division.

Where the Code Text Does Not Line Up

• Notice section. Section 12.16.070(a) tells the Department to "provide notice as required by Section 12.16.070," which is itself. The notice rules are in Section 12.12.050.
• Hearing reference. Section 12.24.060 says a changed parcel map follows the "notice, public hearing and findings requirements set forth in Section 12.16.040." Section 12.16.040 is about geotechnical reports. Section 12.16.100 makes the same reference correctly, to Section 12.16.070.
• Appeal periods. Section 12.12.060 gives ten days to appeal. Section 12.16.090 gives 15 days to appeal a Commission decision on an extension.
• Lot line appeal. Section 12.04.080 says the City Engineer's decision may be appealed "under section 12.04.060," which is the waiver section. Appeals are in Section 12.12.060.
• A stray decimal. Section 10.08.1210(e) refers to "a minimum frontage of .45 feet on cul-de-sacs." Subsection (b) of the same section gives 45 feet.
• Old ADU sections. Section 12.04.050 exempts the construction of ADUs "pursuant to Section 65852.2 of the Government Code." State ADU law is now in Sections 66310 to 66342.
• A missing section. The flag lot section refers to "subsection (e) of section 10.12.320 of article 5 of chapter 10.12." Chapter 10.12 is the Growth Management Ordinance and has no Section 10.12.320.

Limits of This Page

The code comes from Municode's Supplement 69, which lists ordinances through No. 1390 as included. Ordinance No. 1404 was read from the Municode ordinance bank. The City's website answered a script with an access denied page, so the City's map application forms, design standards, Roadway Master Plan, engineering fee schedule and any handout on urban lot splits were not read. The Holly/Clover plan and its boundary map were not read. No map fee is given on this page. Ask the Engineering Division and the Planning Division at 333 Civic Center Plaza which map your division needs and whether a newer ordinance is in force.

Where to Go Next

Related on VanPlex: the Tracy overview, the SB 684 and SB 1123 page and the growth management page.

Frequently Asked Questions

Official sources (checked October 2026)