City of Indian Wells, CA LOTS

Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).

An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the Code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

(d)

Approval.

An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community Development Director, without discretionary review.

A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this Section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

(4)

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(e)

Requirements. An urban lot split must satisfy each of the following requirements:

Map Act Compliance.

The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code Section 66410 et. seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this Section.

If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this Section, or any other legal requirement:

The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract.

The City has all the remedies available to it under the SMA, including, but not limited to, the following:

An action to enjoin any attempt to sell, lease, or finance the property.

An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(III)

Criminal prosecution, punishable by imprisonment in County Jail or State prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

(IV)

Record a notice of violation.

(V)

Withhold any or all future permits and approvals.

Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

Zone. The lot to be split is in a single-family residential zone. For purposes of this Section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

Lot Location.

The lot to be split is not located on a site that is any of the following:

Prime farmland, farmland of Statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

A wetland.

A hazardous waste site that has not been cleared for residential use.

(D)

Within a one hundred (100) year flood hazard area, unless the site has either:

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(E)

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(F)

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(G)

Habitat for protected species.

(H)

Land under conservation easement.

The purpose of subsection (e)(3)(i) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)–(K). (See Government Code Section 66411.7(a)(3)(C).)

The applicant must provide evidence that the requirements of Government Code Section 65913.4(a)(6)(B)–(K) are satisfied.

(4)

Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by resolution or ordinance as a City or County landmark or as a historic property or district.

(5)

No Prior Urban Lot Split.

The lot to be split was not established through a prior urban lot split.

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

(6)

No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

Housing that is income-restricted for households of moderate, low, very low, or extremely low income, as defined by the State Department of Housing and Community Development.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060–7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

Housing that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

(7)

Lot Size.

The lot to be split must be at least two thousand four hundred (2,400) square feet.

The resulting lots must each be at least one thousand two hundred (1,200) square feet.

Each of the resulting lots must be between sixty (60) percent and forty (40) percent of the original lot area.

(8)

Easements.

The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

Each easement must be shown on the tentative parcel map.

Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection (d)(2) above.

If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.

(9)

Lot Access.

Each resulting lot must adjoin the public right-of-way.

Each resulting lot must have frontage on the public right-of-way of at least twenty (20) feet.

(10)

Unit Standards.

Quantity. No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, primary or second dwelling units, and units created under Section 21.20.015 of the Zoning Code.

Unit Size.

The total floor area of each primary dwelling that is developed on a resulting lot must be:

Less than or equal to eight hundred (800) square feet; and

More than five hundred (500) square feet.

A primary dwelling that was legally established prior to the urban lot split and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

A primary dwelling that was legally established prior to the urban lot split and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after the urban lot split.

Height Restrictions.

On a resulting lot that is larger than two thousand (2,000) square feet, no new primary dwelling unit may exceed a single story or sixteen (16) feet in height, measured from grade to peak of the structure.

On a resulting lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

Setbacks.

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

Exceptions. Notwithstanding subsection (e)(10)(iv) above:

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

Eight hundred (800) square feet; four (4) foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.

Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least twenty (20) feet from the front property lines. The front setback area must:

Be kept free from all structures greater than three (3) feet high;

Be at least fifty percent (50%) landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

(III)

Allow for vehicular and fire-safety access to the front structure.

(v)

Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one (1) covered off-street parking space per unit unless one (1) of the following applies:

The lot is located within one-half (½) mile walking distance of either:

A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or

A site that contains:

The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

The site is located within one (1) block of a car-share vehicle location.

(vi)

Architecture.

If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

If there is no legal primary dwelling on the lot before the urban lot split, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

All exterior lighting must be limited to down-lights.

(D)

No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

(E)

If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than thirty (30) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(vii)

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way or private streets) as follows:

At least one fifteen (15) gallon size plant shall be provided for every five (5) linear feet of exterior wall, not to exceed nine (9) feet in height. Alternatively, at least one twenty-four (24) inch box size plant shall be provided for every ten (10) linear feet of exterior wall, not to exceed nine (9) feet in height.

Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

All landscaping must comply with the City's landscape requirements found in Section 21.60.080 (b)(7).

(viii)

Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

(ix)

Utilities.

Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

Each primary dwelling unit on the resulting lots is required to connect to the public sanitary sewer system.

(x)

Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

(11)

Separate Conveyance.

Within a resulting lot.

Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot 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 lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots.

(12)

Regulation of Uses.

Residential-Only. No non-residential use is permitted on any lot created by urban lot split.

No Short-Term Rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days.

Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved.

(13)

Notice of Construction.

At least thirty (30) business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels (including parcels directly across the street), which notice must include the following information:

Notice that construction has been authorized,

The anticipated start and end dates for construction,

The hours of construction,

(D)

Contact information for the project manager (for construction-related complaints), and

(E)

Contact information for the Building and Safety Department.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under State law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.

(14)

Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:

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

Expressly prohibits any non-residential use of the lots created by the urban lot split.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

States that the property is formed by an urban lot split and is therefore subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development.

(f)

Specific Adverse Impacts.

Notwithstanding anything else in this Section, the City may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

"Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "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" and does not include: (i) inconsistency with the zoning ordinance or general plan land use designation; or (ii) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).