This Chapter establishes exceptions to the Subdivision Ordinance and Zoning Ordinance and provides permit procedures to allow urban lot splits allowed by Senate Bill No. 9 (2021), as codified in Government Code Sections 66452.6 and 66411.7. The provisions of this Chapter shall supersede any other provision to the contrary in the Subdivision Ordinance or the Zoning Ordinance. Subdivision standards provided for in the Subdivision Ordinance that are not affected by this Chapter shall remain in effect.
(Ord. 540 § 3, 2022; Ord. 543 § 3, 2023)
Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth for the purposes of this Section and Chapter 13-36:
"A person acting in concert with the owner"
means a person that has a 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 (a) touching the parcel at any point; (b) 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 (c) separated from another parcel only by other real property which is in common ownership or control of the applicant.
"Sufficient for separate conveyance"
means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually.
"Two (2) unit development"
means a development that proposes no more than two (2) units or proposes to add one (1) new unit to one (1) existing unit and that meets all the criteria and standards set forth in Chapter 13-36.
"Urban lot split"
means a ministerial application for a parcel map to subdivide an existing parcel located within a single-family residential zone into two (2) parcels, as authorized by Section 66411.7 of the Government Code.
(Ord. 540 § 3, 2022; Ord. 543 § 3, 2023)
A parcel map for an urban lot split shall be considered ministerially on parcels satisfying all of the following general requirements:
(a) 
Zoning District. A parcel that is located within a single-family residential zone.
(b) 
Historic Property. A parcel that is not listed on the City of Hercules historic resource inventory or located in a historic district.
(c) 
Legal Parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.), and Subdivision Ordinance, as applicable at the time the parcel was created. The Community Development Department may require a certificate of compliance to verify conformance with this requirement.
(d) 
Hazardous Waste Site. A parcel that is not identified as a hazardous waste site pursuant to Government Code Section 65962.5 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.
(e) 
Flood Zone. A parcel that is not located within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (one hundred (100) year flood) on the official maps published by the Federal Emergency Management Agency, unless a letter of map revision prepared by the Federal Emergency Management Agency has been issued or if the proposed primary dwelling unit(s) is constructed in compliance with the provisions of Chapter 10-7 (Flood Damage Prevention) as determined by the Floodplain Administrator.
(f) 
Earthquake Fault Zone. A parcel that is not located within a delineated earthquake fault zone as determined by the State Geologist on any official maps published by the State Geologist, unless the proposed housing 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).
(g) 
Natural Habitat. A parcel that is not recognized by the City as a 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. Section 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).
(Ord. 540 § 3, 2022; Ord. 543 § 3, 2023)
The following objective subdivision standards supersede any other standards to the contrary that may be provided in the Subdivision Ordinance, Zoning Ordinance, or applicable planned unit development as they pertain to creation of an urban lot split under Section 66411.7 of the Government Code:
(a) 
Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this Section.
(b) 
Flag Lots. The access corridor of a flag lot parcel shall be in fee as part of the parcel and shall be of a minimum width of twelve (12) feet and a maximum width of fifteen (15) feet and be entirely paved with either concrete or pavers, consistent with the Fire Code as determined by the Fire Chief.
(c) 
Lot Lines. The side lines of all parcels, so far as possible, shall be at right angles to streets or radial or approximately radial to curved streets and to center points of cul-de-sac turning circles.
(d) 
Minimum Lot Size. Each new parcel shall be approximately equal in lot area; provided, that one (1) parcel shall not be smaller than forty percent (40%) of the lot area of the original parcel proposed for subdivision. In no event shall a new parcel be less than one thousand two hundred (1,200) square feet in lot area.
(e) 
Minimum Lot Width. Each new parcel shall maintain a minimum lot width of thirty (30) feet. The calculation of lot width for a flag lot shall exclude the access corridor.
(f) 
Minimum Public Frontage. Each new parcel shall have frontage upon a street dedicated as a public street with a minimum frontage dimension of thirty (30) feet, except for flag lots which shall have a minimum frontage dimension of twelve (12) feet.
(g) 
Number of Lots. The parcel map to subdivide an existing parcel shall create no more than two (2) new parcels.
(h) 
Utilities. Parcels created through an urban lot split shall provide for separate utilities.
(i) 
Accessory Dwelling Unit. Accessory dwelling units and junior accessory dwelling units shall not be permitted on parcels resulting from an urban lot split if the project involves approval of both a two (2) unit development under the authority contained in Chapter 13-36 and approval of an urban lot split under the authority contained within this Section. Parcels created through an urban lot split which have the effect of separating an existing accessory dwelling unit from the primary dwelling shall submit concurrently for a new SB 9 primary dwelling unit on the parcel containing only an accessory dwelling unit.
(Ord. 540 § 3, 2022; Ord. 543 § 3, 2023)
The following requirements and restrictions apply to all proposed urban lot splits allowed by this Chapter:
(a) 
Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this Chapter.
(b) 
Dedication and Easements. The Community Development Department shall not require dedications of rights-of-way nor the construction of off-site improvements; however, it may require recording of easements necessary for the provision of public services and facilities.
(c) 
Existing Structures. Existing structures, or structures constructed in the same location and to the same dimensions as an existing structure, located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across the shared property line resulting from an urban lot split, unless the structure is converted to an attached townhome so long as the structures comply with applicable building codes and are sufficient to allow separate conveyance. All other existing structures shall be modified, demolished, or relocated prior to recordation of a parcel map.
(d) 
Intent to Occupy. The owner shall sign and record an affidavit provided by the Community Development Director placing a covenant that will run with the parcel attesting that the applicant intends to occupy one of the newly created parcels as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. The affidavit shall be recorded on the title of the parcel concurrently with recordation of the parcel map. This requirement 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 a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
(e) 
Nonconforming Conditions. The City shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions may result from the urban lot split other than as specified by subsection (c) of this section.
(f) 
Number of Remaining Units. No parcel created through an urban lot split shall be allowed to include more than two (2) existing dwelling units as defined by Government Code Section 66411.7(j)(2). Any excess dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise removed prior to approval of a parcel map.
(g) 
Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided under the provisions of this Chapter. The subdivider shall sign a covenant provided by the Community Development Director documenting this restriction. The covenant shall be recorded on the title of each parcel concurrent with recordation of the parcel map.
(h) 
Restrictions on Demolition. The proposed urban lot split shall not require the demolition or alteration involving removal of more than twenty-five percent (25%) of the existing exterior structural walls 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) 
Housing that has been occupied by a tenant in the last three (3) years.
(i) 
Stormwater Management. The subdivision shall comply with the requirements of the City's National Pollution Discharge Elimination System (NPDES) permit as implemented by Section 5-8.050 and as demonstrated by a grading and drainage plan prepared by a registered civil engineer.
(Ord. 540 § 3, 2022; Ord. 543 § 3, 2023)
Applications for urban lot splits shall be submitted and processed in compliance with the following requirements:
(a) 
Application Type. An urban lot split shall be submitted to the Community Development Department as a ministerial application for a tentative parcel map.
(b) 
Application Filing. An application for a parcel map for an urban lot split, including the required application materials and filing fee, shall be filed with the Community Development Department in compliance with Section 10-2.501 (Form and Content of Parcel Map).
(c) 
Referral. The Community Development Director shall refer the parcel map application to the Public Works Director, Fire Chief, and utility agencies for review prior to recordation.
(d) 
Denial. The Community Development Director may deny an urban lot split only if the Building Official makes a written finding, based upon a preponderance of the evidence, that a proposed housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) 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.
(e) 
Appeals. A decision of the Community Development Director on a parcel map for an urban lot split is a ministerial action and not appealable.
(Ord. 540 § 3, 2022; Ord. 543 § 3, 2023)