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 20 feet and a minimum of 150 feet in length unless otherwise
approved by the Fire Department.
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; Ord. 616, 6/26/2024)
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)