An applicant for an urban lot split in the city shall file with the planning division an urban lot split map and supporting documentation prepared in the manner set forth in this chapter with the number of prints to be determined by the community development director as may be necessary for proper review of the proposed land division.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)
At the time of filing of an application seeking an urban lot split, the subdivider shall pay the urban lot split filing fee as set forth in the current city fee schedule.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)
A. 
Within the time required under the Subdivision Map Act, the community development director shall determine ministerially and without discretionary review if the application for the urban lot split map meets all of the following requirements:
1. 
The parcel is located within a single-family residential zone or single-family subarea of a planned development district.
2. 
The parcel satisfies the requirements specified in California Government Code Sections 65913.4(a)(6)(B) through (K), inclusive, as set forth in Section 17.797.004(A)(1).
3. 
Both newly created parcels are no smaller than one thousand two hundred square feet.
4. 
One parcel is not smaller than forty percent of the lot area of the parcel proposed for subdivision.
5. 
The resulting parcels comply with the lot size, frontage, width, side lines, and front and rear yard requirements of the zoning district(s) in which the parcels are located, except that the community development director will grant exceptions to any requirement that would physically preclude the original parcel from being subdivided into two new parcels that are not smaller than one thousand two hundred square feet, so long as one parcel is no smaller than forty percent of the lot area of the parcel proposed for subdivision.
6. 
Each resulting parcel will have access to, provide access to, or adjoin a public right-of-way.
7. 
At least one parking space shall be provided per unit in accordance with the requirements in Chapter 17.620 ("Off-Street Parking") of this code unless one of the following is true:
a. 
The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or
b. 
There is a designated parking area for one or more car-share vehicles within one block of the parcel.
8. 
The proposed lot split would not require demolition or alteration of any of the following types of housing:
a. 
Housing that is 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. 
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
c. 
A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within fifteen years before the date that the applicant submits an application.
d. 
Housing that has been occupied by a tenant in the last three years.
If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).
9. 
The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
10. 
The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
11. 
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
a. 
For purposes of this section, a person "acting in concert" means a person that has common ownership of the subject parcel with the owner of an adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
b. 
For purposes of this section, "adjacent parcel" means any parcel of land that is: (i) touching the parcel at any point; (ii) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (iii) separated from another parcel only by other real property which is in common ownership or control of the owner of the parcel being subdivided.
12. 
The urban lot split conforms to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7. Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of off-site improvements may be required as a condition of approval for an urban lot split, although easements may be required for the provision of public services and facilities.
13. 
Lots created pursuant to this chapter are limited to residential uses. Prior to the approval and recordation of the urban lot split map, the owner of the parcel being subdivided shall record a restrictive covenant in the form prescribed by the city attorney, which shall run with the land and provide for the following:
a. 
A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this chapter; and
b. 
A prohibition on non-residential uses of any units developed or constructed on either resulting parcel, including a prohibition against renting or leasing the dwelling units for fewer than thirty consecutive calendar days.
14. 
No more than two residential dwelling units, including, but not limited to, primary dwelling units, accessory dwelling units, and junior accessory dwelling units, are proposed per parcel created by an urban lot split. The development proposed on the parcels shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:
a. 
The application of such standards shall be modified if the standards would have the effect of physically precluding the construction of two dwelling units of at least eight hundred square feet each on either of the resulting parcels created pursuant to this chapter. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two dwelling units of eight hundred square feet each on each parcel.
b. 
Notwithstanding subsection (14)(a) above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
B. 
Unless the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, the community development director shall ministerially approve the application for an urban lot split map, provided:
1. 
The requirements set forth in subsection A above have been fulfilled;
2. 
The filing fee required in Section 16.169.002 has been paid to the city;
3. 
The documentation required in Section 16.169.005 has been provided to the city; and
4. 
The urban lot split fulfills all applicable standards set out in Appendix 'A' to the city of Brentwood Residential Design Guidelines, unless those standards would physically preclude two units on each lot at least than eight hundred square feet each.
C. 
In the event of disapproval, the subdivider shall be furnished with a statement of the reason and authority for such disapproval.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)
Urban lot split maps shall contain the following information and supporting documentation:
A. 
The names and addresses of:
1. 
The legal owner(s) of the property,
2. 
The subdivider, and
3. 
The civil engineer or land surveyor preparing the map;
B. 
The boundary lines and dimensions of the entire parcel upon which the subdivision is proposed;
C. 
The location of all adjacent property lines, and the names and addresses of the owners of record of all adjoining undeveloped properties;
D. 
The locations, names, and widths of all adjoining streets and rights-of-way;
E. 
The widths, approximate locations and deed references of all existing easements or rights-of-way on or appurtenant to the property;
F. 
The approximate location and direction of flow of all watercourses and the approximate location of all areas subject to instability, inundation or pounding;
G. 
A topographic contour map accurately showing the existing terrain, within and to a pertinent distance around the property, buildings, trees, roadways, culverts, aerial and underground utilities, wells, springs, irrigation ditches, and all existing structures and improvements in their correct location. Elevations shall be in accordance with U.S.G.S. 1929 sea level datum;
H. 
The date, north point and scale;
I. 
The areas proposed for development in sketch form to show proposed improvements, land uses and access, streets, significant public facilities, approximate finish grades, and other information which may be necessary to depict the development contemplated;
J. 
A preliminary title report or title report on the subject property no older than three months at the time of submittal;
K. 
An affidavit stating that the applicant intends to occupy one of the dwelling units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This subsection K shall not apply to a subdivider that is a "community land trust," as defined in California Revenue and Taxation Code Section 401.2(a)(11)(C)(ii), or is a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15. No other owner occupancy standards shall be required.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)
A. 
Approval of an application for an urban lot split map shall be effective on the date the community development director takes action, in writing, provided, however, that the action of the community development director may be appealed pursuant to Section 1.12.020.
B. 
The uses allowed on a lot created by use of this chapter shall be limited to residential uses.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)
This chapter shall have no further force or effect upon the repeal of California Government Code Section 66411.7.
(Ord. 1030 § 3, 2021; Ord. 1033 § 5, 2022)