Chapter 16.36 — DEDICATIONS

16.36.010 - Elementary school sites.

A.

.....Any person who develops or completes the development of one (1) or more subdivisions in one (1) or more school districts maintaining an elementary school shall dedicate to the school district, wherein such subdivisions are to be located, such land as shall be deemed to be necessary for the purpose of construction thereon of such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.

1.

In no case shall the amount of land required to be dedicated be such as to make development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

2.

The requirements of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative tract map.

B.

.....The requirement of dedication shall be imposed at the time of approval of the tentative tract map. If, within thirty (30) days after the requirement of dedication is imposed, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty (60) days after, the filing of the final tract map on any portion of the subdivision. The school district shall, in the event that it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

1.

The cost of any improvements to the dedicated land since acquisition by the subdivider;

2.

The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

3.

Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

C.

.....If the land is not used by the school district as a school site within ten (10) years after dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor. This option must be exercised within the time period determined in the agreement between the subdivider and the school district.

D.

.....The school district to which the property is dedicated shall record a certificate with the County Recorder. The certificate shall contain the following information:

1.

The name and address of the subdivider dedicating the property;

2.

A legal description of the real property dedicated;

3.

A statement that the subdivider dedicating the property has an option to repurchase the property if it is not used by the school district as a school site within ten (10) years after dedication. The subdivider shall have the right to compel the school district to record such certificate; but until such certificate is recorded, any rights acquired by a third party dealing in good faith with the school district shall not be impaired or otherwise affected by the option right of the subdivider.

(Prior code § 35-26(a))

All streets, highways, alleys, ways, easements, rights-of-way and parcels of land shown on the final tract or parcel map and intended for public use shall be offered for dedication for public use by appropriate certificate on the title page or by separate document.

(Prior code § 35-26(b))

Private streets, alleys or ways will be permitted only when the welfare of the occupants of the subdivision will be better served and the public's welfare will not be impaired through the use thereof or the kinds of improvements thereon, and on conditions which guarantee the construction of necessary local improvements and the continued maintenance thereof. Such private street, alley or way shall not be offered for dedication and shall be shown on the final tract or parcel map as parcels lettered alphabetically.

(Prior code § 35-26(c))

A.

.....When storm drains are necessary for the general use of lot or parcel owners in the subdivision and such storm drains are not to be installed in the streets, alleys or ways of such subdivision, then the subdivider shall offer to dedicate upon the final tract or parcel map thereof the necessary rights-of-way for such facility.

B.

.....When the property being subdivided, or any portion thereof, is situated as to be in the path of the natural drainage from adjoining unsubdivided property and no street, alley or way within the subdivision is planned to provide for the drainage of such adjoining property, the subdivider shall dedicate drainage rights-of-way adequate to provide in the future for the ultimate drainage of the adjoining property.

C.

.....When implementation of a duly adopted master plan of drainage requires the property being subdivided to be traversed by a planned local drainage facility which is not necessary for the general use of lot or parcel owners in the subdivision, nor to provide for the ultimate drainage of adjoining property, nor to be located in public rights-of-way being or to be utilized for other public purposes, the subdivider shall convey the right-of-way in accordance with the provisions of the master plan pertinent to subdivisions 1 and 2 of this subsection.

1.

Grant in fee the right-of-way so designated and required to be granted in fee by the master plan of drainage. The full cash value of the land being granted in fee per acre, under this subdivision, as determined by the latest equalized assessment roll, shall be credited toward the subdivider's drainage fee obligation pursuant to subsection (J) of Section 16.32.020 of this code.

2.

Dedicate an easement so designated and required to be dedicated in the master plan of drainage. Fifty (50) percent of the full cash value of the land included in the easement which is being dedicated, per acre, under this subdivision, as determined by the latest equalized assessment roll, shall be credited toward the subdivider's drainage fee obligation pursuant to Section 16.32.020 of this code.

The assessed value shown in the equalized assessment roll shall be deemed to be twenty-five (25) percent of the full cash value.

(Prior code § 35-26(d))

Where the property being subdivided, or any portion thereof, is traversed by a flood control facility, either existing and requiring additional right-of-way or proposed and requiring full right-of-way, which has been approved by the City, the subdivider shall dedicate such rights-of-way. Such rights-of-way shall be shown as lots lettered alphabetically on the final tract or parcel map and such dedication shall be offered by appropriate certificate on the title page of the final tract or parcel map.

(Prior code § 35-26(e))

Dedication is not required on any final tract or parcel map made for the sole purpose of establishing existing land title boundaries; provided, that such existing land title boundaries were not established in violation of this chapter, the provisions of this code or any other law.

(Prior code § 35-26(f))

A.

Purpose. .....The park and recreational facilities for which dedication of land and/ or payment of a fee is required by this section are in accordance with the Recreational Element of the General Plan of the City, and shall supersede any previously adopted plan to the extent of any inconsistency.

B.

Requirements. .....As a condition of approval of a final subdivision map, the subdivider shall dedicate land or pay a fee in lieu thereof, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained in this section.

C.

General Standard. .....It is found and determined that the public interest, convenience, health, welfare, and safety require that five (5) acres of property for one thousand (1,000) persons residing within this City be devoted to local park and recreational purposes.

D.

Standards and Formula for Dedication of Land. .....Where a park or recreational facility has been designated in the Recreational Element of the General Plan and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park. The amount of land to be provided shall be determined pursuant to the following standards and formula:

Formula based on population estimate:

The formula for determining acreage per dwelling unit to be dedicated shall be as follows:

Average number of persons per dwelling unit times five (5) divided by one thousand (1,000)

The following table of population density is to be followed:

Park Land Dedication Formula Table

E.

Formula for Fees in Lieu of Land Dedication.

1.

General Formula. If there is no park or recreational facility designated in the Recreational Element of the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of residents of the subdivision, or if the proposed subdivision contains fifty (50) parcels or less, the subdivider shall, in lieu of dedication of land, pay a fee equal to the value of the land prescribed for dedication in subsection D of this section, and in an amount determined in accordance with the provisions of subsection G, such fee to be used for a local park which will serve the residents of the area being subdivided.

2.

Use of Money. The money collected hereunder shall be used only for the purpose of providing park and recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land, or, if the City Council deems that there is sufficient land available, for improving or maintaining such land for park and recreational purposes.

3.

Definition of Terms. Because of the fact that the City's total area is small, all public parks and recreational facilities are easily accessible to residents and are reasonably related to new subdivisions. The terms park, local park, and neighborhood park as used in this section have the same meaning, and shall be defined as any park owned by the City which is available for, and intended for use by, the general public.

F.

Criteria for Requiring Both Dedication and Fee. .....In subdivisions of over fifty (50) parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

1.

When only a portion of the land to be subdivided is proposed in the Recreational Element of the General Plan as a site for a local park, such proportion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of subsection G of this section shall be paid for the additional land that would have been required to be dedicated pursuant to subsection D of this section.

2.

When a major part of the local park or recreational site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of subsection G of this section shall be in amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to subsection D of this section, such fee to be used for the improvement of the existing park and recreational

facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.

G.

Amount of Fee in Lieu of Land Dedication. .....Where a fee is required to be paid in lieu of land dedication, such fee shall be equal to an amount for each acre which would otherwise have been required to be dedicated pursuant to subsection D of this section, which amount is the median fair market value per acre of the land in all neighborhood public parks within the City, if such land were not used for park or recreational purposes. This median market value shall be adjusted periodically to keep current with property appreciation.

H.

Determination of Land or Fee. .....Whether the City Council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1.

Useability and feasibility. Generally, land shall be flat;

2.

Access. Direct frontage on a least one (1) side and not more than three (3) feet above or below street level;

3.

Shape of Land. Suitable for park development;

4.

Size. Not less than two (2) acres, unless a portion of a park designated in the General Plan;

5.

Improvements. Shall meet standards of the City and be of a permanent nature;

6.

In accordance with the Recreation Element of the General Plan.

I.

Credit for Private Open Space. .....No credit shall be given for private open space in a development.

J.

Procedure.

At the time of approval of the tentative subdivision map, the Planning Commission shall determine pursuant to subsection H of this section, the land to be dedicated, and/or fees to be paid by the subdivider.

2.

At the time of filing of the final subdivision map, the subdivider shall dedicate the land or pay fees as previously determined by the Planning Commission.

K.

Commencement of Development. .....At the time of approval of the tentative subdivision map, the Planning Commission shall specify when the development of the park or recreational facilities shall be commenced, giving highest priority to neighborhood parks.

L.

Industrial Developments. .....The provisions of this section shall not apply to industrial subdivisions.

(Prior code § 35-26(g))

Chapter 16.40 - CONDOMINIUM CONVERSIONS

16.40.010 - Condominium and time share use or project conversion.

A.

Determination—Allowance of Converting Apartment Units. .....* The Planning Commission of the City shall, on an annual basis, determine whether duplex and multiple-family dwelling units may be converted into units of a community housing project in accordance with the following:

1.

Within one (1) month of publication of the annual State Department of Finance "Orange County Population and Housing Estimates," the Planning Commission shall certify the residential vacancy rate for the City as being that rate shown in the report for San Clemente.

2.

In the event that said vacancy rate is in excess of ten (10) percent, the City shall not restrict the number of duplex and multiple-family dwelling units that may be converted into units of a community housing project in the forthcoming year.

3.

In the event that said vacancy rate is ten (10) percent or less, the City shall restrict the number of duplex and multiple-family dwelling units for conversion into units of a condominium project in the forthcoming year to a maximum of 25 units, plus fifty percent (50%) of the yearly average number of duplex and multiple family rental units constructed in the two years immediately preceding the vacancy certification date, with the date of such construction measured as of the date the City issues a final inspection or certificate of occupancy. In addition, no conversions shall be allowed at any time for multiple family rental units located

within the Marblehead Inland, Rancho San Clemente, and Talega Specific Plan Areas. In the event that fewer than thc maximum number of units are converted in any given year, the surplus shall not be carried over to the following year.

This section shall not apply to condominium projects involving buildings which have not been previously occupied or buildings for which the City has not issued a final inspection or certificate of occupancy for a use other than condominiums by the date the City Council approves the tentative map, and these units shall not be considered by the City Planner in calculating the number of duplex and multiple-family rental units constructed in a given fiscal year.

B.

Requirements for Conversion.

1.

A tentative tract map shall be filed if the number of units proposed for conversion exceeds four units per Chapter 16.12. If the project is less than four units the parcel map procedure shall be followed per Chapter 16.08.

2.

Parking shall be consistent with the present requirements of the district.

3.

Density, where possible, should be brought into line with present zoning.

4.

Modification or the addition of landscaping may be required.

5.

Separate water meters shall be installed for each unit. At least one water meter shall be installed for any common areas.

6.

Prior to the issuance of a certificate of occupancy pursuant to subsection D of this code, inspectors of the Community Development Department shall inspect each unit and verify that all requirements of subsection B of this section have been met.

C.

Contingency Fund Deposits for Unit Developments, Time Share Uses or Projects, and Condominium Projects.

It is the intent of the City in requiring the creation of a contingency or reserve fund for condominium projects, time share uses or projects, or other forms of independently owned dwelling units having common areas, to provide a surety for emergency repairs or restoration of such common areas and exteriors of buildings in the interests of the economic, aesthetic and environmental betterment of the City, as well as to protect the general welfare. The City does not intend to intrude into those areas regulated by the Real Estate Commissioner pursuant to the laws of the state. The sole purpose of the City Council in requiring such funds is to preserve those interests as set forth hereinabove for the entire community of the City.

2.

The subdivider is required to deposit with the homeowners' or occupiers' association's established fund the sum of two hundred dollars ($200.00) per unit in any planned unit development, condominium project, or time share use or project. Such deposit shall be used solely and exclusively as a contingency fund for emergencies which may arise relating to open space areas, exterior portions of dwelling units and such other restoration or repairs as may be assumed by the home owners' or occupiers' association or management corporation.

D.

Certificate of Occupancy Required. .....In accordance with Section 306 and Section 502 of the Uniform Building Code, no building or project which has been converted to independent ownership of the units by means of a statutory condominium or subdivision of land shall be made available for sale until the Building Official has issued a certificate of occupancy therefor.

(Ord. 1447 § 1, 2007; Ord. 1304 § 8, 2005; prior code § 35-30)

(Ord. No. 1565, § 1(Exh. A, § 20), 4-16-2013)

Editor's note— The provisions of this paragraph shall not apply to any condominium conversion for which a tentative map has been approved prior to January 21, 1981.

Chapter 16.44 - LOT MERGERS

Any person may appeal a decision of the City Engineer made pursuant to this chapter to the Planning Commission. The appeal procedure shall be the procedure set forth in Section 17.12.140 for appealing decisions of the Community Development Director or City Planner. Any person may appeal a decision of the Planning Commission made pursuant to this Chapter to the City Council. The appeal procedure shall be the procedure set forth in Section 17.12.140 for appealing decisions of the Zoning Administrator or Planning Commission.

(Ord. 1443 § 1 (part), 2007)

Within thirty (30) days after making a determination that there has been a lot merger, the City Engineer or his or her designee shall file a notice of lot merger for record with the county recorder, specifying the names of the record owners and particularly describing the real property involved. A copy of said notice shall be sent to the director of public works for recordation on the official maps of the city.

(Ord. 1443 § 1 (part), 2007)

Chapter 16.50 - STATE-MANDATED SUBDIVISIONS

16.50.010 - Urban lot splits.

A.

Purpose. .....The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B.

Definition. .....An "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C.

Application.

1.

Owners.

a.

Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title, "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

b.

Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.

2.

An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D.

Approval.

An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director of Community Development, without discretionary review.

2.

A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires 12 months from the City's approval of the map.

3.

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. The hold-harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recorded covenant and deed restriction.

4.

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

E.

Requirements. .....An urban lot split must satisfy each of the following requirements:

1.

Map Act Compliance.

a.

The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et seq., "SMA") and implementing requirements in this title, except as otherwise expressly provided in this section.

b.

If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this section, or any other legal requirement:

(i)

The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

(ii)

The City has all the remedies available to it under the SMA, including but not limited to the following:

(A)

An action to enjoin any attempt to sell, lease, or finance the property.

(B)

An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(C)

Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

(D)

Record a notice of violation.

(E)

Withhold any or all future permits and approvals.

c.

Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

2.

Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3.

Lot Location.

a.

The lot to be split is not located on a site that is any of the following:

(i)

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(ii)

A wetland.

(iii)

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(iv)

A hazardous waste site that has not been cleared for residential use.

(v)

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(vi)

Within a 100-year flood hazard area, unless the site has either:

(A)

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(B)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(vii)

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(viii)

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(ix)

Habitat for protected species.

(x)

Land under conservation easement.

b.

The purpose of subpart E.3.a above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).)

c.

The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)— (K) are satisfied.

4.

Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.

5.

No Prior Urban Lot Split.

a.

The lot to be split was not established through a prior urban lot split.

b.

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. ''Any person acting in concert with the owner" here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

6.

No Impact on Protected Housing.

a.

The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

(i)

Housing that is income-restricted for households of moderate, low, 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 policy power.

(iii)

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.

(iv)

Housing that has been occupied by a tenant in the last three years.

b.

As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.6.a above is satisfied.

(i)

The sworn statement must state that:

(A)

No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

(B)

No housing that is subject to any form of rent or price control will be demolished or altered.

(C)

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

(D)

No housing that has been occupied by a tenant in the last three years will be demolished or altered.

c.

The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7.

Lot Size.

a.

The lot to be split must be at least 2,400 square feet.

b.

The resulting lots must each be at least 1,200 square feet.

c.

Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

8.

Easements.

a.

The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

b.

Each easement must be shown on the tentative parcel map and final map.

c.

Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section D.2 above.

d.

If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.

9.

Lot Access.

a.

Each resulting lot must adjoin the public right-of-way.

b.

Each resulting lot must have frontage on the public right-of-way of at least 12.5 feet.

10.

Development Standards and Design Criteria. In addition to the standards criteria set forth in the section, except as otherwise required by state law, an SB 9 urban lot split and all development on the resulting lots must conform to all applicable objective development standards that are set forth in this code, as well as in, any applicable specific plans; in a planned unit development ordinance; or resolution; or by conditions duly promulgated and adopted by the City.

11.

Unit Standards.

a.

Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 17.86.010 of this code, an ADU, or a JADU.

b.

Unit Size.

(i)

The total floor area of each primary dwelling that is developed on a resulting lot must be

(A)

Less than or equal to 800 square feet; and

(B)

More than 500 square feet.

(ii)

A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

(iii)

A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

c.

Height Restrictions.

(i)

On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

(ii)

On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.

(iii)

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

d.

Lot Coverage. Lot coverage on resulting lot may not exceed the lot coverage established for the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary

dwelling units on the lot at 800 square feet each. Lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.

e.

Urban Open Area.

(i)

For purposes of this subsection (E)(l l)(e), the term "urban open area" has the same meaning as defined in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area.

(ii)

If all required urban open area is provided at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.

(iii)

If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.

f.

Setbacks.

(i)

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(ii)

Exceptions. Notwithstanding subpart E.11.f(i) above:

(A)

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(B)

Eight hundred sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

(iii)

Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 30 feet from the front property lines. The front setback areas must:

(A)

Be kept free from all structures greater than three feet high;

(B)

Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

(C)

Allow for vehicular and fire-safety access to the front structure.

g.

Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:

(i)

The lot is located within one-half mile walking distance of either:

(A)

A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or

(B)

A site that contains:

(1)

An existing rail or bus rapid transit station,

(2)

A ferry terminal served by either a bus or rail transit service, or

(3)

The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

(ii)

The site is located within one block of a car-share vehicle location.

h.

Garage. Any proposed covered or enclosed garage must comply with the following requirements:

(i)

Each enclosed garage must maintain a parking space with an interior parking clearance of at least nine feet wide by 18 feet long for each vehicle that the garage is designed to hold.

(ii)

Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryers, must not encroach into the required parking area.

(iii)

The garage must be equipped with an automatic roll-up door opener.

(iv)

Each garage must maintain each required parking space clear and accessible to park at all times.

i.

Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet must be maintained between all detached structures on a lot, including all dwelling units, garages, and accessory structures.

j.

Architecture.

(i)

Unit Design Standards.

A.

If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B.

If there is no legal primary dwelling on the lot before the urban lot split, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are then developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C.

All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.

D.

If any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

E.

Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance of the new dwelling must be covered with an overhang or roof that is at least three feet deep.

F.

A pedestrian pathway must be provided to access front doors to all units.

G.

If pedestrian access and drive access are provided via the same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway.

k.

Landscaping.

(i)

Tree Removal.

(A)

No mature tree may be removed on a lot with any development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law.

(B)

"Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.

(C)

A tree may only be removed under subparagraph E.11.k(i)(A) above if it is replaced with at least two mature trees of the same type and with a combined trunk diameter that is the same or larger than that of the removed tree.

(D)

If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph E.11.k(i)(C) above, owner may pay the replacement cost of the tree, as determined by the City's tree-replacement cost schedule.

(ii)

Setback Landscaping. In setback areas that are visible from the public right-of-way, all space that is not a walkway, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.

(iii)

Lot Generally. The lot must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance.

(iv)

Screening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

(A)

According to a planting and irrigation plan that is prepared by a licensed landscape architect.

(B)

At least one 15-gallon size plant must be provided for every 15 linear feet of exterior wall. Alternatively, at least one 24 inch-box size plant must be provided for every 25 linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.

(C)

Trees must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

(D)

All landscaping must be drought-tolerant.

(E)

All landscaping must be from the City's approved plant list.

l.

Storage Facility. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement.

m.

Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.

n.

Water Heaters. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit's interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater, if all building standards are satisfied.

o.

Mechanical Equipment, Metering Devices. All roof- and ground-mounted mechanical equipment and metering devices must be completely screed from public view. All ground-mounted equipment and aboveground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line.

p.

Access and Circulation.

(i)

All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.

(ii)

No more than one drive approach may be created on either lot.

(iii)

A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.

q.

Refuse Storage Areas.

(i)

Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City's Franchise Waste Hauler (collectively, "trash containers").

(ii)

Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas.

(iii)

The storage area required for each trash container must be at least three feet wide by three feet deep.

(iv)

No trash container may be stored so as to be visible from any public right-of-way.

r.

Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected.

s.

Utilities.

(i)

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

(ii)

Notwithstanding paragraph E.11.s(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

(iii)

All utilities must be underground.

(iv)

All easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recorded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easements have been agreed to and recorded.

(v)

Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.

t.

Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

12.

Fire-Hazard Mitigation Measures.

a.

A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

(i)

It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

(ii)

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

(iii)

All enclosed structures on the site must have fire sprinklers.

(iv)

All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

(v)

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

b.

Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.12. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

13.

Separate Conveyance.

a.

Within a resulting lot.

(i)

Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

(ii)

Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

(iii)

All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

(iv)

No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

b.

Between resulting lots. Separate conveyance of the resulting lots 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 CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

14.

Regulation of Uses.

a.

Residential-only. No non-residential use is permitted on any lot created by urban lot split.

b.

No Short-term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

c.

Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

15.

Notice of Construction.

a.

At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent

residential parcels, which notice must include the following information:

(i)

Notice that construction has been authorized;

(ii)

The anticipated start and end dates for construction;

(iii)

The hours of construction;

(iv)

Contact information for the project manager (for construction-related complaints); and

(v)

Contact information for the Building and Safety Department.

b.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

16.

Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the City, that does each of the following:

a.

Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

b.

Expressly prohibits any non-residential use of the lots created by the urban lot split.

c.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d.

States that:

(i)

The lot is formed by an urban lot split and is therefore subject to the City's urban lot-split regulations, including all applicable limits on dwelling size and development.

(ii)

Development on the lot is limited to development of residential units under section 17.86.010 of this code, except as required by state law.

F.

Specific Adverse Impacts.

1.

Notwithstanding anything else in this section, the City may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2.

"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "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" and does not include: (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3.

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G.

Coastal Regulations Apply in Full. .....Nothing in this section alters or lessens the effect or application of the California Coastal Act.

(Ord. No. 1723, § 3(Exh. A), 12-7-2021; Ord. No. 1748, § 4(Exh. A), 1-17-2023)