The purpose of this chapter is to regulate Senate Bill 9 (SB9) Urban Lot Splits within defined single-family residential zones as provided by Government Code Sections 66411.7 and 66452.6 in order to allow for ministerial approval of certain parcel maps creating two lots from one parcel and certain development on each lot subject to applicable parcel map requirements found in Chapter 16, Subdivisions, and requirements for SB9 two-unit developments found in Chapter 18.84.
(Ord. No. 1307, 7/9/2024)
For purposes of this chapter all terms shall have the meanings given in Government Code Sections 66411.7 and 66452.6 unless otherwise defined herein. The following definitions shall apply:
"Acting in concert with the owner"
means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
"Adjacent parcel"
means any parcel of land that is: (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.
"ADU"
means an accessory dwelling unit as defined by Title 18.
"Car share vehicle"
means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.
"Common ownership or control"
means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns 10 percent or more of the interest in the property.
"JADU"
means a junior accessory dwelling unit as defined by Title 18.
"Local agency"
means a county.
"Lower income household"
has the meaning set forth in Health and Safety Code Section 50079.5.
"Moderate income household"
has the meaning set forth in Health and Safety Code Section 50093.
"Single-family residential zoning district"
means R-1 Zones (One-Family Residence), RR Zones (Rural Residential) and OS Zones (Open Space) as defined in Title 18 of the Inyo County Code, for which single-family residences are the only dwelling unit allowed, and which does not allow two-family residences or multifamily residences, and is located in the Bishop urbanized area, but does not include the areas of the city of Bishop or the Bishop Paiute Indian Reservation. The Bishop urbanized area is determined by the U.S. Census, and this boundary, current at the time of application, will be used to determine if the application qualifies for an urban lot split. This district's urbanized zone(s) shall be updated by reference with each decennial update by the U.S. Census Bureau.
"Two-unit development"
means a SB9 development that proposes up to two primary units on a single-family zoned parcel that meets the criteria and standards set forth in Title 18.
"Urban lot split"
means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter.
"Very low-income household"
has the meaning set forth in Health and Safety Code Section 50105.
(Ord. No. 1307, 7/9/2024)
A. 
Application Review. The planning department shall ministerially review an application for a parcel map that subdivides an existing parcel to create no more than two new parcels in an urban lot split, and shall approve the application if all applicable requirements are met, including, but not limited to, the criteria in Government Code Section 66411.7 and this chapter.
B. 
Map Act Compliance. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7.
C. 
Lot Location. The planning department shall determine if the parcel map for the urban lot split meets all the following location requirements:
1. 
The parcel shall be located within a single-family residential zoning district.
2. 
The parcel being subdivided shall not be located on a site that is any of the following:
a. 
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.
b. 
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. 
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 subparagraph does not apply to sites excluded from the specified hazard zones by the County, 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.
d. 
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 State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. 
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 the building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
f. 
Within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph, the county shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the county that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met: (i) the site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the county; or (ii) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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.
g. 
Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the county shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the county that is applicable to that site.
h. 
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. § 1531 et seq.), or other adopted natural resource protection plan.
i. 
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. § 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).
j. 
Lands under conservation easement.
k. 
A historic district or 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 county landmark or historic property or historic district pursuant to a county ordinance.
D. 
No Impact on Protected Housing: The proposed lot split shall not require 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 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.
4. 
Housing that has been occupied by a tenant in the last three years.
E. 
Lot Size.
1. 
Both resulting parcels shall be no smaller than 1,200 square feet each.
2. 
Neither resulting parcel shall be smaller than 40% of the lot area of the original parcel proposed for the subdivision.
3. 
No more than two dwelling units may be located on a new lot created through an urban lot split in any one of the following combinations:
a. 
Two primary dwelling units;
b. 
One primary dwelling unit and one ADU; or
c. 
One primary dwelling unit and one JADU.
4. 
Dwelling units existing prior to an urban lot split shall count towards the dwelling units allowed on the new lot created as a result of an urban lot split.
F. 
No Prior Lot Split.
1. 
The parcel being subdivided shall not have been previously created by an urban lot split as provided in this chapter. The final approved parcel map shall include a notation that the resulting parcels were created using the urban lot split provisions of this chapter and the resulting parcels cannot be further subdivided under this chapter.
2. 
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided in this chapter.
3. 
The owner and applicant shall sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an urban lot split.
G. 
Lot and Unit Standards. Any proposed development on the resulting urban lot split parcels shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:
1. 
The planning director, or their designee, shall waive or modify any standard if the standard would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.
2. 
Notwithstanding subsection (G)(1) above, required rear and side yard setbacks may equal five feet as necessary to be consistent with current standards, unless a four-foot setback is necessary to fit two 800-square-foot dwelling units on a parcel as required by SB9. No setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.
3. 
Front yard setbacks may be reduced to 10 feet.
4. 
Each resulting parcel shall have access to, provide access to, or adjoin the public right-of-way.
5. 
Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of offsite improvements may be required as a condition of approval for an urban lot split, although easements may be required for the provision of public services and facilities, and access.
6. 
Separate conveyance of the two lots resulting from an urban lot split 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 conditions, covenants, restrictions, easements or other documentation that is necessary to allocate legal and financial rights, and risk and responsibilities between the owners of the two lots.
7. 
The correction of nonconforming zoning conditions shall not be required as a condition of approval.
8. 
Parcels created by an urban lot split shall be used for residential uses only and shall not be used for rentals of less than 30 days.
H. 
Utilities and Services.
1. 
Each lot created through an urban lot split shall have its own independent utility and service connections. All primary and accessory dwelling units on each newly created lot shall be connected to a common gravity-fed sewage disposal approved by the county.
2. 
All necessary and/or required easements for the provision of electricity, gas, water, sewer, and other utility or public service, and access as required to the lot and each primary dwelling unit must be obtained by the property owner/applicant. The property owner/applicant shall be required to show that all the necessary services listed above are available to each parcel as a condition of the subdivision approval.
I. 
Parking. One off-street parking space shall be required per unit constructed on a parcel created pursuant to this chapter, except that no parking may be required where:
1. 
The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or
2. 
There is a designated parking area for one or more car share vehicles within one block of the parcel.
J. 
Owner-Occupancy Affidavit. The applicant for an urban lot split shall sign an affidavit, in the form approved by the county counsel, stating the applicant intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the urban lot split. This subsection shall not apply to an applicant that 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.
K. 
Deed Restrictions. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the county counsel, which shall run with the land and provide for the following:
1. 
A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this chapter.
2. 
A limitation restricting the property to residential uses only.
3. 
A requirement that any dwelling units on the property shall be rented or leased only for a period longer than 30 days.
4. 
Expressly prohibits any separate conveyance of a primary dwelling unit on a lot, any separate fee interests, and any common interest development within the lot.
5. 
All fee interests in a lot must be held equally and undivided by all property owners.
6. 
Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.
7. 
The county administrator or designee is authorized to enter into the covenant and agreement on behalf of the county and to deliver any approvals or consents required by the covenant.
8. 
No removal or modification of the recorded deed restrictions shall occur without county approval, or state laws that supersede current deed restriction requirements.
L. 
Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed urban lot split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed urban lot split project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is 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. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.
M. 
Enforcement. The county shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law to include Title 22 of the Inyo County Code. Remedies provided for in this chapter shall not preclude the county from any other remedy or relief to which it otherwise would be entitled under law or equity.
N. 
Expiration of Approval. The approval of a SB9 urban lot split shall become null and void if action is not commenced within one year of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire.
(Ord. No. 1307, 7/9/2024)