§ 16.25

The urban dwelling regulations set forth in this section are established to comply with the state standards and requirements set forth in Section 66411.7 of the California Government Code, as amended from time to time, and other applicable state laws. This section is not intended to conflict with state law and shall be interpreted to be compatible with state enactments.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

Preparation. Applications for an urban lot split shall be made on the appropriate form and in accordance with the Subdivision Map Act and this title.

B.

Applications.

1.

The Community Development Director and City Engineer shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements.

2.

Concurrent applications for an urban lot split and one or two (2) urban dwellings as outlined in Section 17.110.110 (Standards for Specific Residential Uses—Urban Dwellings) of Title 17 (Zoning Code). The City shall act on the urban lot split at the same time or before acting on the application for the urban dwelling.

3.

Refer to Section 16.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one entitlement or action is needed for the project (such as a variance or minor variance).

C.

Decision. An urban lot split shall be subject to a tentative parcel map as outlined in Chapter 16.12 (Subdivisions—Tentative Parcel Maps) of this title and conform to all applicable objective requirements of the Subdivision Map Act. Notwithstanding the foregoing, the following shall not be required:

The city shall not require any dedication of right-of-way;

2.

The city shall not require the construction of any offsite improvements; and

3.

The Community Development Director shall ministerially, and without discretionary review or a hearing, act on the application for an urban lot split, subject to the requirements of this chapter and the Subdivision Map Act. A decision letter shall be issued within thirty (30) days of deeming the application complete.

D.

Conditions of Approval. The city shall not require, as a condition for approval to create an urban lot split, the correction of a nonconforming zoning condition.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.25.030 - Development and design standards.

A.

Permitted Zoning Districts. Urban lot splits shall only be permitted in One-Family Dwelling (R-1A and R-1B) zoning districts.

B.

Number and Lot Size.

1.

Number of Urban Lots. The parcel map subdividing an existing parcel shall create no more than two (2) parcels. Both parcels shall be considered new parcels.

2.

Size of Urban Lots. One parcel shall not be smaller than forty (40) percent of the lot area of the original parcel proposed for subdivision.

3.

Minimum Urban Lot Size. Both newly created parcels shall have a minimum size of one thousand two hundred (1,200) square feet.

C.

Parcel Configuration.

The lot split line shall be parallel (i.e. a straight line) to the street property line. If the street property line curves, the lot split line may have the same or similar curve radius or may be straight; and

2.

An access easement shall be recorded providing street access for the rear parcel.

D.

Owner Occupancy Requirements. The applicant for an urban lot split shall sign an affidavit stating they intend to occupy one of the dwelling units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. The property owner must provide for an inspection every six (6) months for the first three (3) years to ensure the property owner is living onsite.

E.

Limitations to Urban Lot Splits.

1.

Historic properties. Any proposed urban lot split shall not be located within a historic district or property included on the State Historic Resources Inventory (per Section 5020.1 of the Public Resources Code), or within a property that is designated or listed as a federal, state or local landmark or historic property or district pursuant by ordinance.

2.

Demolition.

a.

The following types of housing shall not be demolished or altered to accommodate an urban lot split:

i.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, lower or very low income;

ii.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; and

iii.

Housing that has been occupied by a tenant within the past three (3) years.

b.

A residential dwelling unit that has been vacant and/or owner occupied for the past three (3) years, may be fully demolished. It shall be the applicant's responsibility to provide compelling and substantial evidence to

the satisfaction of the Community Development Director that the dwelling has been vacant and/or owner occupied over the past three (3) years.

3.

Existing Housing. An urban lot split shall not be permitted for a property that is currently developed with four (4) or more housing units.

4.

New Construction. Any new dwelling constructed on either of the new parcels shall be limited to an urban dwelling as outlined in Section 17.110.110 (Standards for Specific Residential Uses—Urban Dwellings) of Title 17 (Zoning Code).

5.

Development of adjacent parcels. Neither the owner or any person acting in concert with the owner of the parcel being subdivided may subdivide an adjacent parcel using an urban lot split as provided for in this section.

6.

Only residential uses shall be allowed on a lot created by an urban lot split.

F.

Urban Dwelling Standards. Refer to Section 17.110.110 (Standards for Specific Residential Uses—Urban Dwellings) of Title 17 (Zoning Code) for development standards to develop urban dwellings on the newly created urban lots.

G.

Two (2) Unit Maximum, Including ADUs and Junior ADUs. More than two (2) units are not permitted on a parcel created through an urban lot split. In the context of an urban lot split, "unit" means any dwelling unit, including, but not limited to: an urban dwelling created pursuant to Section 65852.21 of the California Government Code; a primary dwelling; an ADU as defined in Section 65852.2 of the California Government Code; or a Junior ADU as defined in Section 65852.22 of the California Government Code.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A.

The urban lot split shall be valid for two (2) years from the effective date of approval by the Community Development Director.

B.

If the applicant has proceeded in good faith toward the implementation of the urban lot split, as determined by the Community Development Director, the applicant may request a twelve-month extension. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request.

C.

The applicant may request additional extensions for up to the maximum period of time specified in the Subdivision Map Act.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

16.25.040 - Appeals.

Community Development Director decisions regarding this chapter are appealable to the Planning Commission. The Planning Commission's decision shall be final. Refer to Section 16.10.100 (General Regulations—Ability to Appeal) of this title for additional information.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Chapter 16.26 - CERTIFICATES OF COMPLIANCE