The purpose of this article is to allow and appropriately regulate
urban lot splits in accordance with Government Code Section 66411.7.
(Ord. No. 1094, § 3, 2021; Ord. No. 1100, § 3, 2022)
means a subdivision of an existing, legally subdivided lot
into two lots in accordance with the requirements of this article.
means the vertical distance from finished grade or flood
protection elevation to the topmost point of the roof of a building
or to the highest point of a structure other than a building. Chimneys,
finials, and other rooftop architectural projections are not included
in determining building height.
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For structures in hillside areas, allowable building height
shall be determined by connecting an imaginary line, at the applicable
building height standard, between a series of vertical lines drawn
at the uppermost and the lowermost finish grades of a building (typically
measured at a point five feet away from the vertical building wall),
as shown in Figure 3-1b. For purposes of this definition, “hillside
area” means an area in which the average slope of the building
footprint area is 10% or more. For structures in hillside areas that
are constructed on a foundation system that include one or more retaining
walls or other retaining system, the measurement to establish allowable
building height shall be measured from five feet outside of the retaining
wall or system used to support the building.
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 Figure 3-1a: Building Height on Level Lot
|
 Figure 3-1b: Building Height on a Hillside
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(Ord. No. 1094, § 3, 2021; Ord. No. 1100, § 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 Section 214.15
of the Revenue and Taxation Code).
(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 article 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. No. 1094, § 3, 2021; Ord. No. 1100, § 3, 2022)
(a)
An
application for a parcel map for an urban lot split is approved or
denied ministerially, by the Director of Development Services, 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 article. The tentative
parcel map may not be recorded until a final parcel map is approved.
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 three 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. No. 1094, § 3, 2021; Ord. No. 1100, § 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”) and implementing requirements in Chapter 4 of Title 9 of 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 article, 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, 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)
Zoning
district. The lot to be split is in a single-family residential zoning
district. For purposes of this section, a single-family residential
zoning district is a zoning district where the only residential use
that is allowed as a primary use is a single residential dwelling
on a lot.
(c)
Lot
location. The lot to be split is not located on a site that is any
of the following:
(1)
Either prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory
and monitoring criteria, as modified for California, and designated
on the maps prepared by the Farmland Mapping and Monitoring Program
of the Department of Conservation, or land zoned or designated for
agricultural protection or preservation by a local ballot measure
that was approved by the voters of that jurisdiction.
(2)
Wetlands, as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993).
(3)
Within a very high fire hazard severity zone, as determined by the
Department of Forestry and Fire Protection pursuant to Section 51178
of the Government Code, or within a high or very high fire hazard
severity zone as indicated on maps adopted by the Department of Forestry
and Fire Protection pursuant to Section 4202 of the Public Resources
Code. This subsection does not apply to sites excluded from the specified
hazard zones by a local agency, pursuant to subdivision (b) of Section
51179 of the Government Code, or sites that have adopted fire hazard
mitigation measures pursuant to existing building standards or state
fire mitigation measures applicable to the development.
(4)
A hazardous waste site that is listed pursuant to Section 65962.5
of the Government Code or a hazardous waste site designated by the
Department of Toxic Substances Control pursuant to Section 25356 of
the Health and Safety Code, unless the Department of Toxic Substances
Control has cleared the site for residential use or residential mixed
uses.
(5)
Within a delineated earthquake fault zone as determined by the State geologist in any official maps published by the State geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
(6)
Within a flood plain as determined by maps promulgated by the Federal
Emergency Management Agency, unless the development has been issued
a flood plain development permit pursuant to Part 59 (commencing with
Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter
B of Chapter I of Title 44 of the Code of Federal Regulations.
(7)
Within a floodway as determined by maps promulgated by the Federal
Emergency Management Agency, unless the development has received a
no-rise certification in accordance with Section 60.3(d)(3) of Title
44 of the Code of Federal Regulations.
(8)
Lands identified for conservation in an adopted natural community
conservation plan pursuant to the Natural Community Conservation Planning
Act (Chapter 10 (commencing with Section 2800) of Division 3 of the
Fish and Game Code), habitat conservation plan pursuant to the Federal
Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or
other adopted natural resource protection plan.
(9)
Habitat for protected species identified as candidate, sensitive,
or species of special status by State or Federal agencies, fully protected
species, or species protected by the Federal Endangered Species Act
of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division
3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter
10 (commencing with Section 1900) of Division 2 of the Fish and Game
Code).
(10)
Lands under conservation easement.
(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 pursuant to this Article 7 by the
owner of the lot to be split or by any person acting in concert with
the owner. “Any person acting in concert with the owner”
here includes any third party that coordinates or assists the owners
of adjacent lots with their respective urban lot splits.
(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 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.
(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
this article.
(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)
Access to each resulting lot must adjoin the same public or private
street. This standard is only enforced to the extent that it does
not prevent two primary dwelling units on each resulting lot at 800
square feet each.
(2)
Notwithstanding subsection (i)(1) above, each resulting lot must
adjoin a public or private street.
(3)
Each resulting lot must have frontage of at least 20 feet on a public
or private street.
(j)
Unit
standards.
(1)
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 subsection, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 9-3.538 of this Code, an ADU, or a JADU.
(2)
Unit size.
(B)
A primary dwelling that was legally established prior to the urban
lot split and that is larger than 800 square feet is limited to the
lawful floor area at the time of the urban lot split and may not be
expanded.
(C)
A primary dwelling that was legally established prior to the urban
lot split and that is smaller than 800 square feet may be expanded
to 800 square feet after the urban lot split.
(3)
Height restrictions.
(A)
On a resulting lot that is larger than 2,000 square feet of gross
area, the maximum building height, as defined in this article, of
the new primary dwelling is 16 feet in height and may not exceed a
single story.
(B)
On a resulting lot that is smaller than 2,000 square feet of gross
area, the maximum building height, as defined in this article, of
the new primary dwelling is 22 feet in height and shall not exceed
two stories. Any portion of a new primary dwelling footprint that
exceeds one story must be stepped back five feet from the ground floor
footprint; no balcony deck or other portion of the second story may
project into the required five foot stepback area.
(C)
No rooftop deck is permitted on any new or remodeled dwelling or
structure on a lot resulting from an urban lot split.
(4)
Lot coverage. The lot coverage requirements established in Table 3-2 (Development Standards for Residential Districts) in Section 9-3.301 of this Code apply. These lot coverage standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot at 800 square feet each.
(5)
Ridgelines. No construction, along with any associated grading, may
occur within 200 feet (horizontal) of a General Plan designated ridgeline,
or as designated on a final City subdivision map in accordance with
required development conditions. This standard is only enforced to
the extent that it does not prevent two primary dwelling units on
the lot at 800 square feet each.
(6)
Setbacks.
(A)
Generally. All setbacks must conform to those setbacks that are imposed
through the underlying zone.
(B)
Exceptions. Notwithstanding subsection (j)(6)(A) above:
(i)
Existing structures. No setback is required from the new lot
split property line 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)
Eight hundred 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.
(C)
Front setback area. Notwithstanding any other part of this Code,
dwellings that are constructed after an urban lot split must meet
the required minimum front setbacks identified in Table 3-2 (Development
Standards for Residential Districts). The front setback areas must:
(7)
Parking. 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. No off-street parking spaces are required for new primary
dwelling units that are built on a lot that meets the following:
(8)
Architecture.
(A)
If there is a legal primary dwelling on the lot that was established
before the urban lot split, any new primary dwelling unit 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.
(B)
If there is no legal primary dwelling on the lot before the urban
lot split, and if two primary dwellings are developed on a 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.
(C)
All exterior lighting must be limited to down-lights.
(D)
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.
(E)
If a dwelling is constructed on a lot after an urban lot split and
any portion of the dwelling is less than 30 feet from a property line
that is not a public right-of-way line, then all windows and doors
in that portion must either be (for windows) clerestory with the bottom
of the glass at least six feet above the finished floor, or (for windows
and for doors) utilize frosted or obscure glass.
(9)
Landscaping.
(A)
Tree removal.
(i)
Notwithstanding the provisions of Section 9-2.349 (Tree Removal Permit), no mature tree may be removed on a lot for development under this article unless removal is necessary for constructing a minimum size dwelling unit that must be allowed under State law.
(ii)
“Mature tree” means a tree with a diameter of six
inches or more measured three feet above grade.
(iii)
A tree may only be removed under subsection (j)(9)(A)(i) above
if it is replaced with at least two 24 inch box size trees of the
same tree species as the removed tree.
(iv)
If a qualified tree expert, as defined in Section 9-2.349 (Tree Removal Permit), determines that there is not enough space on the lot for the replacement trees that are required under subsection (j)(9)(A)(i) above, then a 1:1 replacement ratio, 15 gallon size trees, or different tree species may be used.
(B)
Evergreen landscape screening must be planted and maintained between
each dwelling and adjacent lots (but not rights-of-way) as follows:
(i)
At least one fifteen (15) gallon size plant shall be provided
for every five linear feet of exterior wall. Alternatively, at least
one twenty-four (24) inch box size plant shall be provided for every
10 linear feet of exterior wall.
(ii)
Plant specimens 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.
(iii)
All landscaping must be drought-tolerant.
(10)
Nonconforming conditions. An urban lot split is approved without
requiring a legal nonconforming zoning condition to be corrected.
(11)
Utilities.
(A)
Each primary dwelling unit on the lot must have its own direct utility
connection to the utility service provider.
(B)
Notwithstanding subsection (j)(11)(A) above, a primary dwelling unit
may have a direct utility connection to an onsite wastewater treatment
system in accordance with this subsection and the City’s Code.
Each primary dwelling unit on the lot that is or that is proposed
to be connected to an onsite wastewater treatment system must first
have a percolation test completed within the last five years or, if
the percolation test has been recertified, within the last 10 years.
(C)
All utilities for new dwelling units must be underground.
(12)
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.
(1)
A lot in a very high fire hazard severity zone must comply with each
of the following fire-hazard mitigation measures in order to be eligible
for an urban lot split:
(A)
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.
(B)
All dwellings on the site must comply with current fire code requirements
for dwellings in a very high fire hazard severity zone.
(C)
All enclosed structures on the site must have fire sprinklers.
(D)
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 onsite
fire hydrant or standpipe.
(E)
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.
(2)
Prior to submitting an application for an urban lot split, the applicant
must obtain a certificate of compliance from the city demonstrating
that the developed or vacant lot proposed for an urban lot split complies
with all the applicable fire-hazard mitigation measures identified
in this subsection. 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 and issuance
of the certificate of compliance. Failure to pay is grounds for denying
the application.
(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.
(D)
No timeshare, as defined by State law or this Code, is permitted.
This includes any co-ownership arrangement that gives an owner the
right to exclusive use of the property for a defined period or periods
of time.
(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)
Notice
of construction.
(1)
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:
(2)
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.
(o)
Deed
restriction. The owner must record a deed restriction on each lot
that results from the urban lot split, on a form approved by 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.
(Ord. No. 1094, § 3, 2021; Ord. No. 1100, § 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. No. 1094, § 3, 2021; Ord. No. 1100, § 3, 2022)
