The purpose of this section is to allow for voluntary application(s)
for urban lot splits. On condition that Government Code Section 66411.7
is not repealed, qualifying urban lot split in single-family residential
zones shall be developed in accordance with this section.
(Ord. 2023-14, 1/9/2024)
In addition to definitions contained in Chapter 17.34 (Definitions of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this section. Where a conflict may exist, the definitions in this section shall apply.
means a lot having access to a street by means of a private
driveway access easement, or parcel of land not meeting the requirements
of this development code for lot width, but having a dimension of
at least twenty feet at its narrowest point.
means a state law passed by the California state senate and
approved by the Governor on September 16, 2021. SB 9 added Sections
65852.21 and 66411.7 to the Government Code.
shall mean a parcel map subdivision of a single-family residential
parcel as permitted pursuant to SB 9 that creates no more than two
parcels of approximately equal lot area.
(Ord. 2023-14, 1/9/2024)
A.
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 the amount established by the city
council resolution must be paid concurrently with the submission of
the parcel map.
1.
A registered civil engineer may prepare the tentative parcel
map however, the final parcel map must be signed by a licensed land
surveyor.
B.
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 city engineer determines that it meets all
of the requirements of this chapter.
C.
The city engineer shall not approve an urban lot split for a parcel:
1.
That is located within any of the prohibited areas identified in Section 17.06.120(C)(2);
2.
If the proposed urban lot split would require demolition or
alteration of any of the following types of housing:
a.
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;
b.
Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its police power;
c.
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 California Government Code, to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application; or
d.
Housing that has been occupied by a tenant in the last three
years.
3.
The parcel is located within a historic district or property
included on the State Historic Resources Inventory, as defined in
Section 5020.1 of the Public Resources Code, 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.
D.
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, telephone, cable, systems, or
easements;
g.
The location of all proposed new water, sewer, storm drain,
lines, pipes, telephone, cable, 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 all trees, their species and their Diameter
at Breast Height (DBH);
j.
Any area of the parcel that has a slope of fifteen percent or
greater by way of contours at two-foot intervals;
k.
Any area of the parcel that is a watercourse as defined in Section
895.1 of Title 14 of the California Code of Regulations;
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;
p.
Setbacks of structures, pools or spas on adjacent parcels that
are less than five feet from the property line; and
q.
Location of non-utility easements including, but not limited
to, access easements, maintenance easements, and similar easements
for the access and/or maintenance of surrounding residential development.
E.
Prior to approval of a parcel map for an urban lot split, the owner(s)
of record of the property shall provide the chief planning official
a copy of a covenant agreement, declaration of restrictions, or similar
deed restriction ("deed restriction") recorded against the property,
which is in a form prepared by and acceptable to the city attorney,
and that acknowledges each of the following:
1.
That the proposed urban lot split would not require or authorize
demolition or alteration of any of the following types of housing:
2.
The parcel has not been established through prior exercise of
an urban lot split under this chapter;
3.
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;
4.
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;
5.
Rental terms of any unit created by the subdivision shall not
be less than thirty-one consecutive days, nor shall rental terms allow
termination of the tenancy prior to the expiration of at least on
thirty-one-day period occupancy by the same tenant;
6.
The uses allowed on a lot created by the parcel map shall be
limited to residential uses;
7.
Primary dwelling units located on the same lot are prohibited
from being owned or conveyed separately from one another;
8.
No more than two dwelling units of any kind shall be constructed
or maintained on a lot that results from an urban lot split;
9.
No subsequent urban lot split for lots that were previously
created by an urban lot split under SB 9 are allowed; and
10.
Deed Restrictions.
a.
That the deed restriction is for the benefit of and is enforceable
by the city;
b.
That the deed restriction shall run with the land and shall
bind future owners, their heirs, and successors and assigns;
c.
That lack of compliance with the deed restriction shall be good
cause for legal action against the owner(s) of the property;
d.
That, if the city is required to bring legal action to enforce
the deed restriction, then the city shall be entitled to its attorneys'
fees and court costs; and
e.
That the deed restriction may not be modified or terminated
without the prior written consent of the chief planning official.
(Ord. 2023-14, 1/9/2024)
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 forty percent of the lot area of the original
parcel proposed for subdivision and neither parcel shall be smaller
than one thousand two hundred square feet. The following areas are
excluded from the calculation of lot area for the purposes of this
subdivision:
1.
Any area on the property that would not allow a permanent residential
structure be constructed or placed upon the area due to easements,
or any other form of recorded restriction that presently exists and
which would be created by the proposed subdivision.
B.
Each parcel must be served by a separate water service meter and
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.
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 residential district, except as provided in subsection H, (Flag Lots) below.
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 lines. Lot width shall be measured by a line connecting two points on the opposite interior lot lines that result in a line parallel to the front lot line.
3.
Proposed lot lines shall be straight and free of jogs in alignment,
with exceptions for the following:
b.
When the creation of a straight lot line would intersect with an existing residential structure or a straight line would not result in lots compliant with Section 17.06.120(E).
4.
Access easements for all properties and residences involved
in the subdivision shall be recorded against the properties prior
to any building permit issuance.
5.
The maximum difference between the two lots created is a sixty,
forty split in area and both must be a minimum of one thousand two
hundred square feet.
6.
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 not be straight but shall follow the appropriate course
and use the least amount of turns as possible.
7.
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 fifty feet from an existing front lot line, or outside the front
half of the existing lot, whichever is greater.
8.
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.
9.
Lot lines shall be located within appropriate physical locations
such as at the top of creek banks, at appropriate topographical changes,
such as at the top or bottom of slopes, or at locations which clearly
separate existing and proposed land uses.
10.
Lot lines shall be contiguous with existing zoning boundaries.
11.
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.
12.
Lot lines shall not render an existing structure as nonconforming
in any respect (setbacks, height, lot coverage, parking, etc.), nor
increase the nonconformity of an existing nonconforming structure.
13.
It is the intent of this section to permit urban lot splits.
All urban lot splits proposed under this section shall be straight
lines, with exceptions only for compliance with federal, state or
local law.
(Ord. 2023-14, 1/9/2024)
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 twenty feet and a maximum of sixteen 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 Standards in Section 17.06.120(E)(14);
b.
The minimum length for a vehicle access easement is twenty feet
wide. No maximum easement length shall be set. If easement length
is more than seventy-five feet, a vehicle turnaround shall be provided;
and
c.
No residential structure shall be closer than three feet to
the easement.
2.
Vehicle access easement serving three to four units shall meet
the following standards:
a.
Easement width shall be a minimum of twenty feet;
b.
The minimum length for a vehicle access easement is twenty feet.
No maximum easement length shall be set. If easement length is more
than seventy-five feet, a vehicle turnaround shall be provided; and
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:
4.
Vehicle access easements shall not be located closer than twenty-five
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 Californian Fire Code, California Building Code, and the city's
Parking and Design Standards in Section 17.24, Off-Street Parking
and Loading.
(Ord. 2023-14, 1/9/2024)
A.
The content and form of a parcel map shall meet all the requirements
of Government Code Sections 66444-66450, except as otherwise set forth
in this chapter.
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 thirty-one consecutive days, nor shall rental
terms allow termination of the tenancy prior to the expiration of
at least one thirty-one-day period occupancy by the same tenant.
(Ord. 2023-14, 1/9/2024)
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 SB 9 two-unit developments in Sections 17.06.090 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. 2023-14, 1/9/2024)
