(a)
It is the purpose of this chapter to establish procedures necessary
for the implementation of Section 66411.7 of the Government Code pertaining
to urban lot splits. Except as otherwise provided herein, the provisions
of this title shall apply to this chapter.
(b)
To accomplish this purpose, the regulations outlined herein are determined
to be necessary for the preservation of the public health, safety
and general welfare, and for the promotion of orderly growth and development.
(Ord. 3189-22 § 2)
(a)
"Urban lot split" means the subdivision of a parcel within a single-family
residential zone into two parcels pursuant to Section 66411.7 of the
Government Code.
(b)
A tentative parcel map and parcel map shall be required for all urban
lot splits.
(c)
Any person who desires to effectuate an urban lot split shall file an application for a tentative parcel map with the department of community development and pay any applicable application fee. Along with other information required by this title, the application shall include all information necessary to determine whether the application meets the requirements of Section 66411.7 of the Government Code, Chapter 19.78 of this code, and this section.
(d)
Following approval of the tentative parcel map, the subdivider shall
submit the parcel map to the department of public works in accordance
with the provisions of this title.
(Ord. 3189-22 § 2)
An application for an urban lot split shall be approved ministerially
and without discretionary review only if it meets all of the following
requirements.
(a)
The parcel to be subdivided was not created through prior exercise
of an urban lot split provided for in Section 66411.7 of the Government
Code and this section.
(b)
The parcel to be subdivided is located in R-0, R-1, R-1.5, R-1.7/PD,
or R-2 zoning districts, or residential DSP zoning districts.
(c)
The lot does not contain more than one existing dwelling unit, with
or without accessory dwelling units.
(d)
The proposed new parcels are intended for exclusively residential
use.
(e)
The applicant proposes to build no more than two dwelling units on
each of the newly created lots, inclusive of any accessory dwelling
units.
(f)
The parcel to be subdivided is not located within:
(1)
A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed pursuant to Chapter 19.96 of this code.
(2)
A hazardous waste site that is listed pursuant to Government Code
Section 65962.5 or a hazardous waste site designated by the Department
of Toxic Substances Control pursuant to Health and Safety Code Section
25356, unless the State Department of Public Health, State Water Resources
Control Board, or Department of Toxic Substances Control has cleared
the site for residential use or residential mixed uses.
(g)
The proposed urban lot split will create no more than two new parcels,
and each of the newly created parcels is:
(1)
At least one thousand two hundred square feet in size;
(2)
At least forty percent of the lot area of the original parcel;
(3)
Each parcel either adjoins the public right-of-way or has access
to the right-of-way that is at least ten feet in width for the entire
length;
(4)
Each parcel has a width or depth measurement of at least forty feet
in one direction.
(h)
The proposed urban lot split will not:
(1)
Demolish or alter any existing dwelling unit on the lot that has
been occupied by a tenant in the last three years prior to the date
of application. For purposes of this section, "alter" means physically
changing the number or arrangement of rooms or the supporting members
of a building or structure, or changing the relative position of buildings
or structures on a site. "Alter" does not include reconstruction,
replacement, or renewal of any part of an existing building or structure
for the purpose of maintenance, to repair damage, or to keep the premises
in a good, safe, healthy and sanitary condition.
(2)
Demolish any existing dwelling unit that is subject to affordability
restrictions under a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low,
or very low income.
(i)
The owner of the parcel to be subdivided signs an affidavit under
penalty of perjury declaring all the following to be true:
(1)
The housing units proposed to be demolished or altered have not been
occupied by a tenant at any time within three years of the date of
the application for an urban lot split.
(2)
The owner of the parcel intends to occupy one of the housing units
as their principal residence for a minimum of three years from the
date of the approval of the urban lot split. Owner-occupancy is not
required if the owner is a community land trust or qualified nonprofit
corporation under Section 214.15 or 402.1 of the Revenue and Taxation
Code.
(3)
The owner has not previously subdivided an adjacent parcel using
an urban lot split.
(4)
The owner has not previously acted in concert with any person to
subdivide an adjacent parcel using an urban lot split. "Acted in concert"
means that the owner, or a person acting as an agent or representative
of the owner, knowingly participated with another person in joint
activity or parallel action toward a common goal of subdividing the
adjacent parcel.
(j)
The subdivider agrees to provide evidence, prior to issuance of a
building permit, that the owner has recorded a covenant on the title
of the newly created parcels which provides that:
(Ord. 3189-22 § 2)
(a)
Except as expressly provided in this section, a tentative parcel
map and parcel map shall be filed in the same form and have the same
contents, accompanying data and reports, and shall be processed in
the same manner as set forth in this title for tentative parcel maps
and parcel maps.
(b)
An applicant for an urban lot split shall not be required to dedicate right-of-way, construct off-site improvements, or correct non-conforming zoning conditions, except as necessary for a parcel to receive public services and access the right-of-way. The subdivider shall not be required to enter into a subdivision improvement agreement. However, any work in the right-of-way is subject to the requirements of Chapter 13.08 of this code, including responsibility for costs associated with right-of-way caused by the development.
(c)
In addition to other information required by this title, a tentative
parcel map for an urban lot split must include:
(d)
The director of community development shall deny the tentative map
if it finds any of the following:
(1)
The map fails to meet or perform one or more requirements or conditions
imposed by the "Subdivision Map Act" or by this title. Any such requirement
or condition shall be specified.
(2)
The review authority makes a written finding, based upon a preponderance
of the evidence, that the proposed subdivision would have a specific,
adverse impact upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate
or avoid. A "specific, adverse impact" means a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified written
public health or safety standards, policies, or conditions as they
existed on the date the application was deemed complete.
(e)
The director of public works shall approve the parcel map as set
forth in this title for parcels maps.
(Ord. 3189-22 § 2)
This Chapter 18.26 shall become inoperative on the date that Government Code Section 65852.21 is repealed by legislative action, voter initiative or referendum.
(Ord. 3189-22 § 2)
