The purpose of this chapter is to establish procedures and standards for urban lot splits in accordance with the requirements of Government Code Section 66411.7.
(Ord. 808 § 16, 2022)
(a)
Notwithstanding any other provision of this code, an application for an urban lot split shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements of this chapter.
(b)
An application for an urban lot split shall be approved or denied by the city engineer. The decision of the city engineer may be appealed to the planning commission through an appeal made in writing by the applicant within fifteen days from the date of receipt of notice of action of the city engineer. The decision of the planning commission may be appealed to the city council in accordance with the provisions in Section 16.36.130 of this code.
(c)
Notwithstanding subsection (a), the city may deny an application for an urban lot split if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined in subsection (d)(2) of Government Code Section 65589.5, 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. 808 § 16, 2022)
The parcel that is proposed for subdivision through an urban lot split:
(a)
Shall be located in an R-1 zoning district;
(b)
Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved;
(c)
Shall only have residential uses located on it on the date the urban lot split is approved;
(e)
Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance;
(f)
Shall not have been created through a previous urban lot split; and
(g)
Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the urban lot split is proposed or any person acting in concert with the owner.
(Ord. 808 § 16, 2022)
(a)
An urban lot split shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, provided that:
(b)
An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in Section 16.40.060.
(c)
An urban lot split shall not require or allow the demolition or alteration of any of the following types of housing:
(1)
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.
(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)
A parcel 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 fifteen years before the date that the development proponent submits an application.
(4)
Housing that has been occupied by a tenant in the last three years.
(d)
As a condition of approval for an urban lot split, the owner of the parcel being split shall sign an affidavit, in a form approved by the city attorney, stating that:
(1)
The proposed urban lot split will not violate the requirements of subsection (c) of this section;
(2)
Neither the owner, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split; and
(3)
The owner intends to occupy a residential dwelling unit on one of the parcels created by the urban lot split as their primary residence for a minimum of three years from the date of the approval of the urban lot split. This subsection (d)(3) shall not apply if the owner of the parcel is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(e)
As a condition of approval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services and facilities, as determined by the city engineer.
(f)
Each parcel resulting from an urban lot split shall have access to or adjoin the public right-of-way, and, if necessary, provide the other parcel with access to the right-of-way through an easement.
(h)
An urban lot split:
(1)
Shall conform with all the requirements of the Subdivision Map Act; and
(2)
Shall conform with all the requirements applicable to minor subdivisions under this code, except for those requirements that conflict with the requirements of this chapter, in which case the provisions of this chapter shall control.
(i)
Site plan for lot splits creating vacant lots.
(1)
If the proposed urban lot split will result in the creation of a vacant parcel, then, as part of the application, the applicant shall submit a site plan for the proposed vacant parcel showing that a least one dwelling unit can be built on the parcel in compliance with the requirements of this code. The site plan shall include any required driveway, parking, access easements, utility easements, drainage improvements, and all other details as may be required by the city engineer to ensure that the construction of a dwelling unit conforming with city standards applicable to the parcel is possible. If the city engineer determines that the proposed parcel cannot accommodate at least one dwelling unit, then the proposed parcel shall be redrawn so as to accommodate at least one dwelling unit.
(2)
The purpose of this requirement is to verify that the proposed parcel is of a sufficient size and shape to allow the construction of at least one dwelling unit, thereby avoiding the creation of a parcel that cannot be developed; however, the applicant shall not be required to actually develop the parcel in accordance with the submitted site plan.
(Ord. 808 § 16, 2022)
(a)
Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located.
(b)
Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than thirty-one consecutive days.
(c)
A parcel created through an urban lot split may not be further subdivided by a subsequent urban lot split.
(Ord. 808 § 16, 2022)
Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to Chapter 17.80 (Second Units and Two-Unit Developments), an accessory dwelling unit, or a junior accessory dwelling unit. For a diagram of possible configurations of units on a parcel created by an urban lot split, see Section 17.80.090.
(Ord. 808 § 16, 2022)
As a condition of approval of an urban lot split, the owner of the parcel to be divided shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on each of the resulting parcels and shall limit the use of each parcel in accordance with the standards of this chapter, including, but not limited to, the requirements in Sections 16.40.050 and 16.40.060.
(Ord. 808 § 16, 2022)