§ 25-80. Additional requirements.

• (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:

  • (1) Neither resulting parcel shall be smaller than 40% of the lot area of the original parcel proposed for subdivision;

  • (2) Neither resulting parcel shall be smaller than 1,200 square feet;

  • (3) Each resulting parcel shall include at least 40% of the street frontage of the original parcel proposed for subdivision; and

  • (4) Flag lots are not permitted.

• (b) An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in section 25-82.

• (c) Proposed urban lot splits:

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City of Cypress, CA

CYPRESS CODE

§ 25-80

§ 25-80

• (1) Shall not require or allow the 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; or

  • (C) Housing that has been occupied by a tenant in the last three years; and

• (2) Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under the Ellis Act (Government Code sections 7060 through 7060.7) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

• (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);

  • (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 Revenue and Taxation Code section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code section 214.15.

• (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 director of public works.

• (f) Each parcel resulting from an urban lot split shall have access to or adjoin the public rightof-way.

• (g) The city shall not require as a condition of approval of an urban lot split:

  • (1) Dedications of rights-of-way or the construction of offsite improvements; or

• (2) The correction of non-conforming zoning conditions existing on the parcel that will be divided.

• (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 parcel maps under this chapter, except for those requirements that conflict with the requirements of this article, in which case the provisions of this article shall control.

• (i) Each lot created by an urban lot split shall be self-sufficient with regard to drainage of

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City of Cypress, CA

SUBDIVISIONS

§ 25-80

§ 25-83

water off of the parcel and shall have a separate connection to the main line for all utilities, including, but not limited to, water, electric, gas, sewer, and telecommunications. (Ord. No. 1198, § 4, 9-26-22)