The purpose of this chapter is to allow and appropriately regulate
urban lot splits in accordance with Government Code Section 66411.7.
(Ord. 1957 § 3, 2021)
means the subdivision of an existing, legally subdivided
lot into two lots in accordance with the requirements of this chapter.
(Ord. 1957 § 3, 2021)
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.l(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 chapter 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. 1957 § 3, 2021)
A.
An
application for a parcel map for an urban lot split is approved or
denied ministerially, by the development services 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 chapter. 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 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. 1957 § 3, 2021)
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 chapter.
2.
If
an urban lot split violates any part of the SMA, the city's subdivision
regulations, including this chapter, 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 off-site improvements is required for an urban lot split.
B.
Zone.
The lot to be split is in a single-family residential zone. For purposes
of this chapter, a single-family residential zone is a zone where
the only residential use that is allowed as a primary use is a single
residential dwelling on a lot and includes only the following zones:
RS-20 (Residential Single-Family Low), RS-15 (Residential Single-Family
Low), RS-10 (Residential Single-Family Low), RS-7.5 (Residential Single-Family
Medium), and RS-4 (Residential Single-Family Medium).
C.
Lot
Location.
1.
The
lot to be split is not located on a site that is any of the following:
a.
Prime farmland, farmland of statewide importance, or land that is
zoned or designated for agricultural protection or preservation by
the voters.
b.
A wetland.
c.
Within a very high fire hazard severity zone, unless the site complies
with all fire-hazard mitigation measures required by existing building
standards.
d.
A hazardous waste site that has not been cleared for residential
use.
e.
Within a delineated earthquake fault zone, unless all development
on the site complies with applicable seismic protection building code
standards.
f.
Within a 100-year flood hazard area, unless the site has either:
g.
Within a regulatory floodway, unless all development on the site
has received a no-rise certification.
h.
Land identified for conservation in an adopted natural community
conservation plan, habitat conservation plan, or other adopted natural
resource protection plan.
i.
Habitat for protected species.
j.
Land under conservation easement.
2.
The purpose of subsection (C)(1) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (See Government Code Section 66411.7(a)(3)(C).)
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. For purposes of this
chapter, "any person acting in concert with the owner" includes any
third-party that coordinates or assists the owners of two 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 policy 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 Section 16.48.040(B) above.
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 17.43.010 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. It 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, no new
primary dwelling unit may exceed a single story or 16 feet in height,
measured from grade to peak of the structure.
b.
On a resulting lot that is smaller than 2,000 square feet, no new
primary dwelling unit may exceed two stories or 22 feet in height,
measured from grade to peak of the structure. Any portion of a new
primary dwelling that exceeds one story must be stepped back by an
additional five feet from the ground floor; no balcony deck or other
portion of the second story may project into the stepback.
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. Lot coverage must conform to the lot coverage standard applicable
in the underlying zone. This lot coverage standard is only enforced
to the extent that it does not prevent two primary dwelling units
on the lot at 800 square feet each.
5.
Open
Space. Open space must conform to the open space standard applicable
in the underlying zone. This open space 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 objective setbacks
that are imposed through the underlying zone.
b.
Exceptions. Notwithstanding subsection (J)(6)(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.
c.
Front Setback Area. Front setbacks must conform to the front setback
standard applicable in the underlying zone.
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
unless one of the following applies:
a.
b.
The site is located within one block of a permanently-marked car-share
vehicle location.
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 the 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.
Evergreen landscape screening must be planted and maintained between
each dwelling and adjacent lots (but not rights-of-way) as follows:
a.
At least one 15-gallon size plant shall be provided for every five
linear feet of exterior wall. Alternatively, at least one 24″ box
size plant shall be provided for every ten linear feet of exterior
wall.
b.
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.
c.
All landscaping must be drought tolerant.
d.
All landscaping must be installed in accordance with the objective
landscaping requirements of Title 17 of this code.
10.
Nonconforming Conditions. An urban lot split may be approved without
requiring a legal nonconforming zoning condition to be corrected.
11.
Utilities.
a.
Each primary dwelling unit on the resulting lots must have its own
direct utility connection to the utility service provider.
b.
Each primary dwelling unit on the resulting lots that is or that
is proposed to be connected to an on-site 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.
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:
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 on-site
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 with all applicable fire-hazard mitigation measures in accordance with this subsection K. 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. 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.
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 Covenants, Conditions, and Restrictions
("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
STRs. 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 chapter. This
notice requirement is purely to promote neighborhood awareness and
expectation.
O.
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 the limitation
to two units of any kind (including ADUs and JADUs) and all other
applicable limits on dwelling size and development.
(Ord. 1957 § 3, 2021)
A.
Notwithstanding
anything else in this chapter, 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.
D.
The decision of the building official shall be appealable to the development services director, in accordance with the appeal procedures set forth in Sections 17.47.040(B)–(C) of this code, except that, notwithstanding any other provision in Chapter 17.47 or Section 17.02.030(E) of this code, the decision of the development services director shall be final. Appeals shall be filed with the city clerk. The development services director shall make a final decision within 90 days of receiving the appeal.
(Ord. 1957 § 3, 2021)
