The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7.
(Ord. 596 § 3, 2021; Ord. 598 § 3, 2022)
An "urban lot split"
means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.
(Ord. 596 § 3, 2021; Ord. 598 § 3, 2022)
A. 
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).
B. 
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 30 days after the application is submitted.
C. 
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.
(Ord. 596 § 3, 2021; Ord. 598 § 3, 2022)
A. 
An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director, without discretionary review.
B. 
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 tentative parcel map expires six months after approval.
C. 
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.
D. 
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.
(Ord. 596 § 3, 2021; Ord. 598 § 3, 2022)
An urban lot split must satisfy each of the following requirements:
A. 
Map Act Compliance.
1. 
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.
2. 
If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this section, or any other legal requirement:
a. 
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.
b. 
The City has all the remedies available to it under the SMA, including, but not limited to, the following:
i. 
An action to enjoin any attempt to sell, lease, or finance the property.
ii. 
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 $10,000.00, or both; or a misdemeanor.
iv. 
Record a notice of violation.
v. 
Withhold any or all future permits and approvals.
3. 
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.
B. 
Zone. The lot to be split is in a single-family residential zone.
C. 
Lot Location. The lot to be split is not located on a site that is described by any of subparagraphs Government Code Section 65913.4(a)(6)(B)–(K).
D. 
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 landmark or as a historic property or district.
E. 
No Prior Urban Lot Split.
1. 
The lot to be split was not established through a prior urban lot split.
2. 
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.
F. 
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:
1. 
Housing that is income-restricted for households of moderate, low, or very low income.
2. 
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
3. 
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.
4. 
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 tentative parcel map.
G. 
Lot Size.
1. 
The lot to be split must be at least 2,400 square feet.
2. 
The resulting lots must each be at least 1,200 square feet.
3. 
Each of the resulting lots must be between 40% and 60% of the original lot area.
H. 
Easements.
1. 
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.
2. 
Each easement must be shown on the tentative parcel map.
3. 
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 12.21.040(B) above.
4. 
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.
I. 
Lot Access.
1. 
Each resulting lot must provide vehicular access to the public right-of-way.
2. 
Each resulting lot must have frontage on the public right-of-way of at least 16 feet.
J. 
Unit Standards.
1. 
Unit standards shown in the chart below. Required setback areas must:
a. 
Be kept free from all structures greater than three feet high;
b. 
Be at least 50% landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;
c. 
Allow for fire-safety access.
 
HL
R-1
R-1A
R-2
1. Minimum Lot Size prior to split (in square feet)
2,400
2,400
2,400
2,400
Minimum Lot Size after split (in square feet)
1,200
1,200
1,200
1,200
2. Maximum Lot Coverage
25%
30%
35%
40%
3. Minimum Setbacks for Primary Frontage Lot (in feet)
 
 
 
 
Front
30
20
20
20
Exterior
10
10
10
10
Interior side yard
4
4
4
4
Rear
4
4
4
4
4. Minimum Setbacks for Secondary Lot (in feet)
 
 
 
 
Front
4
4
4
4
Exterior
10
10
10
10
Interior side yard
4
4
4
4
Rear
4
4
4
4
5. Height Restrictions
16 feet (one story)
16 feet (one story)
16 feet (one story)
16 feet (one story)
2. 
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 13.10.043 of this code, an ADU, or a JADU.
3. 
Height Restrictions.
a. 
On a resulting lot, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.
b. 
No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
4. 
Setbacks.
a. 
Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. Required setback areas must:
i. 
Be kept free from all structures greater than three feet high;
ii. 
Be at least 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.
b. 
Exceptions. Notwithstanding subsection (J)(4)(a) above:
i. 
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.
ii. 
800 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 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
5. 
Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one uncovered or covered off-street parking space per unit unless one of the following applies:
a. 
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:
(A) 
An existing rail or bus rapid transit station,
(B) 
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.
b. 
The site is located within one block of a car-share vehicle location.
6. 
Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
7. 
Utilities. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
8. 
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.
K. 
Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone and/or Wildland Urban Interface (WUI) areas must comply with each of the following fire-hazard mitigation measures and special fire protection requirements:
1. 
It must have direct access to a public right-of-way with a paved street with a width of at least 26 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.
2. 
All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
3. 
All enclosed structures on the site must have fire sprinklers.
4. 
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.
5. 
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 Department approved hookups compatible with Fire Department standard pump and hose equipment.
6. 
All other applicable objective standards found in Chapter 49 of the California Fire Code.
L. 
Separate Conveyance.
1. 
Within a Resulting Lot.
a. 
Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
b. 
Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
c. 
All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
2. 
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.
M. 
Regulation of Uses.
1. 
Residential-Only. No non-residential use is permitted on any lot created by urban lot split.
2. 
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.
3. 
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.
N. 
Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
1. 
Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
2. 
Expressly prohibits any non-residential use of the lots created by the urban lot split.
3. 
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4. 
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.
5. 
States that no further urban lot splits are allowed.
(Ord. 596 § 3, 2021; Ord. 598 § 3, 2022)
A. 
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.
B. 
"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: (1) inconsistency with the zoning ordinance or General Plan land use designation; or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
C. 
The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
(Ord. 596 § 3, 2021; Ord. 598 § 3, 2022)