A. 
This chapter implements Government Code Section 66411.7 to provide an owner of a parcel zoned for single-family residential use an additional method to subdivide the parcel for purpose of housing development.
B. 
Urban lot split means the subdivision of an existing legal parcel zoned One-Family Residence (A-1, A-2, E-1, E-2, E-3 and R-1) under Title 28 or Residential Single Unit (RS) under Title 30 of this Code to create no more than two new parcels.
(Ord. 6047 § 9, 2021)
A. 
A parcel map for an urban lot split may not be approved except in conjunction with a concurrently submitted application for building permits for two-unit residential development pursuant to Section 30.185.440 or Chapter 28.80, as applicable, and subject to the provisions of Section 27.60.060. Development on the resulting parcels is limited to the residential development approved in the concurrently submitted building permit applications.
B. 
A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444—66450 and this chapter, and submitted for approval to the City Engineer. A fee in an amount established by City Council resolution must be paid concurrently with the submission of the parcel map.
C. 
The City Engineer is the approval authority for parcel maps under this chapter. The City Engineer shall approve a parcel map for an urban lot split if the Engineer determines that it meets all of the requirements of this chapter.
D. 
The City Engineer shall not approve an urban lot split for a parcel located within a high fire hazard zone unless the resulting parcels are authorized for development pursuant to Chapter 28.80 or Section 30.185.440 of this Code based upon a finding that the development will be constructed accordance with all applicable building and fire safety construction codes and the parcel is located in an area that has been determined to be safe for development as provided in Chapter 28.80 or Section 30.185.440.
E. 
The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law:
1. 
A map of appropriate size and to scale showing all of the following:
a. 
Total area (in acreage and square feet) of each proposed lot.
b. 
Location and dimensions of existing and proposed property lines;
c. 
Zoning District;
d. 
The location and use of all existing and proposed structures;
e. 
All required zoning setbacks for the existing and proposed lots;
f. 
The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;
g. 
The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;
h. 
The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;
i. 
The location of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal;
j. 
Any area of the parcel that has a slope of 25% or greater by way of contours at five-foot intervals;
k. 
Any area of the parcel that is a watercourse as defined in Section 14.04.020 of this Code;
l. 
Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel;
m. 
Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
n. 
Location of existing or proposed driveway dimensions, materials, and slope (including cross slope);
o. 
Location of existing or proposed pedestrian pathway access to the public right-of-way; and
p. 
If in the Coastal Zone, location of Coastal Bluff Edge and Coastal Bluff Edge Development Buffer as referenced in the City's Local Coastal Land Use Plan.
2. 
A statement of the owner, signed under penalty of perjury under the laws of California, that:
a. 
The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:
i. 
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.
ii. 
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
iii. 
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 Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
iv. 
Housing that has been occupied by a tenant in the last three years.
b. 
The parcel has not been established through prior exercise of an urban lot split under this chapter.
c. 
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter.
d. 
The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map.
e. 
Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.
f. 
The uses allowed on a lot created by the parcel map shall be limited to residential uses.
(Ord. 6047 § 9, 2021)
A. 
A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet. The following areas are excluded from the calculation of lot area for the purposes of this subdivision:
1. 
Areas of a lot that are a watercourse. Area is that portion of the creek located within the top of bank, as explained in the City of Santa Barbara Coastal Land Use Plan, Appendix 8.1, Determining Creek Top of Bank;
2. 
Areas of lots that contain slopes greater than 25%, as defined in Santa Barbara Municipal Code Section 30.15.030, Determining Average Slope or Section 28.15.080, Lot Area and Frontage Requirements, as applicable;
3. 
Areas of lots that contain wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993) or the California Coastal Act 30121 for land within the coastal zone; and
4. 
Areas of lots located within the Coastal Bluff Edge Development Buffer as referenced in the City's Local Coastal Plan.
B. 
Each parcel must be served by a separate water service meter and a separate sewer connection.
C. 
Each parcel shall drain to the street or to a developed drainage easement.
D. 
Rights-of-way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated.
E. 
The parcel must satisfy the requirements of Government Code Section 66411.7(a).
F. 
A lot line shall not bisect or be located within four feet of any of the following:
1. 
A dwelling that has been occupied by a tenant at any time during the three years before the date of the parcel map;
2. 
A structure designated as a historic structure or a candidate structure under any City ordinance or included on the State Historic Resources Inventory;
3. 
A dwelling 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;
4. 
Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose.
G. 
The location and orientation of new lot lines shall meet the following standards:
1. 
Front lot lines shall conform to the minimum public street frontage requirements of the Zoning Ordinance; a flag lot, or a lot with a narrow projecting strip of land extending along a street, is not permitted.
2. 
Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection A above. Lot depth shall be measured at the midpoint of the front lot line. Lot width shall be measured by a line connecting two points on opposite interior lot lines that will result in a line parallel to the front lot line.
3. 
New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may be not be straight but shall follow the appropriate course.
4. 
Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater.
5. 
Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets.
6. 
Lot lines shall be located within appropriate physical locations such as the top of creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or at locations which clearly separate existing and proposed land uses.
7. 
Lot lines shall be contiguous with existing zoning boundaries.
8. 
The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in the Zoning Ordinance.
9. 
Lot lines shall not render an existing structure as nonconforming in any respect (e.g. setbacks, open yard, Floor Area Ratio, parking), nor increase the nonconformity of an existing nonconforming structure.
(Ord. 6047 § 9, 2021)
A. 
Each lot shall front upon or have access to a public street, or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:
1. 
Vehicle access easements serving a maximum of two units shall meet the following standards:
a. 
Easement width shall be a minimum of 10 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City's Parking Access and Design Standards.
b. 
The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
c. 
No residential structure shall be closer than three feet to the easement.
2. 
Vehicle access easements serving three to four units shall meet the following standards:
a. 
Easement width shall be a minimum of 20 feet;
b. 
The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.
c. 
No residential structure shall be closer than five feet to the easement.
3. 
Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:
a. 
Easement width shall be a minimum of five feet;
b. 
Pedestrian access easements shall not exceed 200 feet in length.
4. 
Vehicle access easements shall not be located closer than 25 feet to an intersection.
5. 
Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement.
6. 
Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, the City's Parking Access and Design Standards, and the parking design standards in the Zoning Ordinance.
(Ord. 6047 § 9, 2021)
A. 
The content and form of a parcel map shall meet all the requirements of Government Code Sections 66444—66450.
B. 
The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision.
C. 
The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel.
D. 
The parcel map shall contain a declaration that:
1. 
Each lot created by the parcel map shall be used solely for residential dwellings.
2. 
No more than two residential dwelling units may be permitted on each lot. As used in this subsection, residential dwelling unit includes a unit created pursuant to Government Code Section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.
3. 
Rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.
(Ord. 6047 § 9, 2021)
A. 
No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outlined for two-unit residential development or accessory dwelling units in Sections 30.185.440 and 30.185.040, or Chapters 28.80 and 28.86, or any other adopted objective design standards in effect at the time a complete application is submitted.
B. 
A building permit for development on an urban lot split cannot be issued until the parcel map records.
C. 
The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, 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.
(Ord. 6047 § 9, 2021)
An application for a parcel map in the coastal zone may only be submitted after approval of a Coastal Development Permit for the subdivision. The proposed subdivision and any proposed development must be consistent with the policies of the City's Coastal Land Use Plan. A public hearing for the Coastal Development Permit is not required.
(Ord. 6047 § 9, 2021)