Chapter 9.62 MAPS

The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 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 year, by a fine of up to $10,000, 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 right-of-way or construction of off-site 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.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

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

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(6)

Within a 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.

(7)

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

(8)

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

(9)

Habitat for protected species.

(10)

Land under conservation easement.

(11)

Land within a hillside area, as that term is defined in Section 93.13.00.

The purpose of subpart (E)(3)(a) 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).)

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 ordinance as a city or county historic resource or as a historic property or within a historic district.

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.

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, or very low income.

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 15 years prior to submission of the urban lot split application.

Housing that has been occupied by a tenant in the last three 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.

Lot Size.

The lot to be split must be at least 2,400 square feet.

The resulting lots must each be at least 1,200 square feet.

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

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 subpart (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.

Lot Access. Each resulting lot must have either:

Frontage on a public right-of-way of at least 12.5 feet; or

An easement to a public right-of-way that is at least 12.5 feet in width.

10.

Unit Standards.

Quantity. No more than two 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, a primary dwelling unit, a unit created under Section 93.23.21 of this code, an ADU, or a JADU.

Unit Size.

The total floor area of the first primary dwelling that is developed on a resulting lot must conform to the following:

Less than or equal to 1,500 square feet and

More than 400 square feet.

The total floor area of the second primary dwelling that is developed on a resulting lot must conform to the following:

less than or equal to 1,000 square feet and

more than 400 square feet.

If there is a primary dwelling on a resulting lot that was legally established before the urban lot split, the existing dwelling may be expanded in accordance with the lot coverage, setback, and other standards of this title to the extent that the expansion still leaves at least 1,000 square feet of developable area on the lot. If there is less than 1,000 square feet of developable area left on the lot, the existing dwelling may not be expanded.

Height Restrictions.

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

On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. A second story is only permissible where conformance to lot coverage or setback requirements does not allow for two primary units on the lot of up to 1,000 square feet each. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.

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

Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 1,000 square feet each.

(e)

Setbacks.

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

Exceptions. Notwithstanding subpart (E)(10)(e)(1) 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.

1,000 square feet; four-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 units on the lot or either of the two units from being at least 1,000 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

(iii)

Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 25 feet from the front property lines. The front setback area must:

(I)

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

(II)

Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans prepared by a licensed landscape architect or qualified professional as that term is defined in PSMC Chapter 8.60;

(III)

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

(iv)

Front Setback – Exception. If the adjacent lots abutting the side lot lines of the subject lot contain primary dwellings that have front setbacks with a depth of less than 25 feet, the minimum front setback may be reduced up to a line parallel to the average of the front setback of the adjacent lots.

(v)

Swimming pools. Swimming pools may be permissible in any yard area in accordance with the requirements of Section 93.01.00. Where a swimming pool is installed in a front yard setback area, the landscape requirement identified in subpart (E)(10)(e)(2)(iii) (II) above may be reduced to a minimum of 15 percent.

(f)

Parking.

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

The lot is located within one-half mile walking distance of either

(I)

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

(II)

A site that contains an existing rail or bus rapid transit station, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

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

Tandem Parking. Tandem parking within a garage, carport, or on a surface parking area is permissible for any lot developed as part of an urban lot split.

(g)

Driveways.

Maximum Number of Driveways. A maximum of one new driveway is permitted for each lot that is created as part of an urban lot split.

Maximum Driveway Width. Driveway width is limited to a maximum of 18 feet, measured from outside edge to outside edge.

Distance from Street Intersection. Each new driveway must be at least thirty feet from the intersecting corner property lines at the street intersection.

Parking Bays. Parking bays that take direct access from a public right-of-way shall be prohibited.

(h)

Architecture.

If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit that is visible from a public right-of-way 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 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.

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.

If an attached garage is visible from a public right-of-way, the total width of all garage doors on the dwelling must be less than 50 percent of the total width of the dwelling's façade facing the public right-of-way.

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

At least one five-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24″ box size plant shall be provided for every 10 linear feet of exterior wall. A minimum of two 24" box size drought tolerant trees shall be planted on each lot created under the ordinance codified in this section.

Plant specimens utilized to provide screening as required in subpart (E)(10)(h)(4) above must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

All landscaping must be drought tolerant.

All landscaping must be from the city's approved plant list.

(j)

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

(k)

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

(l)

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.

Zero-Lot Line Development.

Zero-lot line development may be permitted as part of an urban lot split. The zero-lot line condition shall only be permitted on the common property line between the resulting lots that are created as part of an urban lot split; structures shall not be allowed at a side or rear yard property line that is shared with existing abutting lots.

Where a zero-lot line condition is employed along a common side or rear property line on the resulting lots that are created as part of an urban lot split, the opposite side yard or rear yard shall be increased by the corresponding setback reduction. The aggregate setbacks shall be as follows:

The aggregate side yard setback shall be the minimum side yard setback of the underlying zone district or eight feet, whichever is greater.

The aggregate rear yard setback shall be the minimum rear yard setback of the underlying zone district but may be reduced to eight feet where the setbacks of the underlying zone physically preclude the construction of up to two units on the lot or either of the two units from being at least 1,000 square feet in area.

12.

Fire-Hazard Mitigation Measures.

A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

All enclosed structures on the site must have fire sprinklers.

All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an on-site fire hydrant or standpipe.

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire authority standard pump and hose equipment.

Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire hazard mitigation measures in accordance with this subpart (E)(12). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city's costs for inspection. Failure to pay is grounds for denying the application.

13.

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 lots.

14.

Regulation of Uses.

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

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

Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved. This occupancy requirement does not apply to approvals obtained by a qualified nonprofit corporation (as defined by Government Code Section 214.15).

15.

Notice of Construction.

At least 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, 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,

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

Contact information for the Building & Safety Division.

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.

16.

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 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.