This chapter provides procedures and standards for urban lot splits in accordance with the requirements of California Government Code Section 66411.7. The standards granted per California Government Code pertaining to urban lot splits, shall preempt and supersede any local standards that conflict with the allowances granted under State law.
(Ord. 2025-06-03-1601, 6/3/2025)
A. 
Ministerial Review. 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 and of Chapter 16.192, Parcel Maps and Final Maps.
B. 
Supplemental Application. The applicants shall complete the Checklist for SB9 urban lot split parcel maps applications and shall provide the "Urban Lot Split Checklist" in conjunction with either a building permit application and/or planning application parcel map (urban lot split).
C. 
Map Act. The form of the parcel map associated with an urban lot split shall conform to the requirements of the Map Act and Chapter 16.192, Parcel Maps and Final Maps.
(Ord. 2025-06-03-1601, 6/3/2025)
A. 
All urban lot split applications shall adhere to California Government Code Section 66411.7.
B. 
Urban lot split are only permitted in the RL (Residential, Low Density) Zoning District. 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.
C. 
Urban lot splits shall not have been created through a previous urban lot split and may not be further subdivided by a subsequent urban lot split.
D. 
Urban lot splits shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel or any person acting in concert with the owner.
E. 
An urban lot split shall result in no more than two parcels.
F. 
Side and rear setbacks shall be three feet from the property lines. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
G. 
Each dwelling unit shall provide off-street parking space consistent with California Government Code Section 66411.7 and SMC Chapter 16.22 (Parking and Loading Standards) when applicable. This includes any state preemptions for reductions to required parking amounts.
H. 
Easements shall be required for the provision of public services and facilities.
I. 
The proposed parcels shall have access to, provide access to, or adjoin the public right-of-way.
J. 
Notwithstanding the requirements of this chapter or the Development Code, dedications of rights-of-way or the construction of off-site improvements for the parcels being created shall not be required.
K. 
The design and layout of any proposed parcel improvements shall conform to the objective standards per the Standard Specifications and Plans adopted by Council on September 27, 2016 (Resolution 2016-09-27-1213) that are in effect at the time of the parcel map application submittal.
L. 
The parcel map created pursuant to an urban lot split shall contain a note on the map, and respective deed restrictions shall be recorded with the San Joaquin County Recorder's office, indicating that parcels resulting from the urban lot split were created using the provisions of this chapter and California Government Code Section 66411.7, and that no further subdivision of the parcels is permitted. The deed restrictions 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.
M. 
The proposed urban lot split shall comply with all other applicable objective requirements of the Subdivision Ordinance and the Map Act Section 66410 et seq., except as otherwise provided for in this chapter. In the event of a conflict between the requirements of this chapter and the requirements contained elsewhere in this Development Code, the provisions of this chapter shall apply to the review and approval of urban lot splits.
(Ord. 2025-06-03-1601, 6/3/2025)