§ 19.44

No person shall create an urban lot split subdivision except by the filing of an urban lot split map approved pursuant to this title and the Subdivision Map Act.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

The urban lot split map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions:

(a)

The provisions of Section 66445 of the Subdivision Map Act.

(b)

Shall be based upon a field survey made in conformity with the Land Surveyors Act. (Gov. Code § 66448)

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

A.

A subdivider applying for an urban lot split subdivision plat shall file an application with the City Engineer, together with copies of an urban lot split map. An applicant for an urban lot split subdivision shall sign and submit with the application an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. This affidavit shall be recorded with the San Diego County Recorder. An affidavit shall not be required of an applicant that is either a "community land trust" or a "qualified nonprofit corporation" as defined in the Revenue and Taxation Code.

B.

The City Engineer shall not accept an application or map for processing unless the City Engineer finds that the urban lot split map is consistent with the zoning provisions of this Code and that all approvals and permits required by the city zoning provisions for the project have been given or issued.

C.

Notwithstanding the provisions of subsection B of this section, an urban lot split map may be processed concurrently with documents, permits or approvals required by the zoning provisions of this Code, if the applicant first waives the time limits for processing, approving, or conditionally approving or disapproving an urban lot split map provided by this title or the Subdivision Map Act.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

Such information as may be prescribed by the rules and regulations approved by the City Council and such additional information as the City Engineer may find necessary with respect to any particular case to implement the provisions of this title shall accompany the urban lot split map at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision

Map Act, and a certificate in accordance with Section 66450 of the Subdivision Map Act relating to unincorporated territory.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

The City Engineer shall ministerially approve a parcel map for an urban lot split only if the City Engineer determines that the parcel map for the urban lot split meets all of the following requirements:

A.

Both newly created parcels shall be no smaller than 1,200 square feet.

B.

Both newly create parcels shall be of approximately equal lot area, which for purposes of this paragraph shall mean that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

C.

New unit size shall be subject to the standards in Section 20.470.030. Maps shall show the footprints of existing and proposed structures.

D.

The parcel being subdivided is located within a single-family residential zone.

E.

The parcel being subdivided satisfies the requirements of paragraph (2)(C) of subdivision (a) of Government Code section 66411.7 or any successor provision thereto.

F.

The proposed urban lot split would not require demolition or alteration 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 person 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.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Government Code section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application under this chapter.

4.

Housing that has been occupied by a tenant in the last three years. An applicant for an urban lot split subdivision must demonstrate whether any existing housing on the parcel was owner occupied or vacant to City Engineer's satisfaction.

G.

The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

H.

The parcel has not been established through prior exercise of an urban lot split as provided for in this chapter.

I.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter.

J.

All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the City Engineer.

K.

Units constructed on an urban lot split subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in Sections 20.300.050 and 20.470.030.

L.

Units constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed sixteen feet (16') in height and one story, measured from preexisting grade or finished grade, whichever is lower, to the highest point of the roof.

M.

Each unit located on a parcel created pursuant to this chapter shall have vehicular ingress and egress to the public right-of-way.

N.

Parking spaces for new units shall be provided in accordance with Section 20.215.050, Chapter 20.340, and Section 20.470.030.

O.

The uses allowed on a parcel created pursuant to this chapter shall be limited to residential uses.

P.

Rental terms of dwelling units constructed on urban lot split subdivision lots shall be subject to the standards in Section 20.470.030.

Q.

Prior to approval of an urban lot split subdivision, the applicant shall have complied with the covenant recording requirement contained in Section 20.470.030.

R.

The urban lot split subdivision shall comply with all requirements of the City's Subdivision Ordinance and the California Subdivision Map Act except as expressly modified by this chapter.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

There shall be filed with each urban lot split map a grading plan showing graded building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topography contours, may be shown on an exhibit to the urban lot split map. The grading plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. Off-site grading is prohibited if it affects the public right-of-way. For off-site grading affecting private property owners, bonds securing the work done on each affected property, and the written permission of each affected property owner must be submitted and approved prior to the commencement of work. In the event no grading is proposed, a statement to that effect shall be placed on the urban lot split map. All grading shall be subject to Chapter 17.32.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

There shall be filed with each urban lot split map, a current preliminary title report of the property being subdivided or altered.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

Where a subdivider desired to revise an approved urban lot split map, the subdivider may file with the City Engineer, prior to the expiration of the approved urban lot split map, a revised urban lot split map on payment of the fees specified in Chapter 19.08.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

The City Engineer or his or her designee is authorized and directed to carry out the following duties, concerning applications for urban lot split maps under this chapter:

A.

Obtain the recommendations of other city departments, governmental agencies or special districts as may be deemed appropriate or necessary by the City Engineer in order to carry out the provisions of this title;

B.

Consider all recommendations and materials submitted and ministerially approve or disapprove the application.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

Within 50 calendar days after an application is deemed complete for an urban lot split map is filed with it, the City Engineer shall ministerially approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the city. If the urban lot split map is disapproved, the reasons therefor shall be stated in the notice of disapproval.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

The City Engineer shall not approve an urban lot split map under any of the following circumstances:

A.

The land proposed for division is a lot or parcel which was part of an urban lot split map that the City previously approved.

B.

The subdivision proposed creation of more than two lots or more than four units total among the two lots.

C.

The City Engineer finds that the urban lot split map does not meet the requirements of this Code or that all approvals or permits required by this Code for the project have not been given or issued.

D.

Based on a preponderance of the evidence, the building official finds that the proposed housing development project 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 of the physical

environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

E.

The urban lot split's failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this title. Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this title or the conditions of approval which have not been met or performed.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

After the approval by the City of an urban lot split map, the applicant or its agent shall transmit the map to the County Recorder. An urban lot split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b).

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

Corrections of and amendments to the urban lot split map shall be made pursuant to Section 66469 et seq. of the Act.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

No further subdivision of parcels created using the urban lot split subdivision procedures of this chapter shall be permitted. Applicant/owner will execute a deed restriction satisfactory to the City Attorney to this effect which will be recorded against the property that is the subject of the application.

(Ord. No. 2021-1510, § 2(Exh. 1), 12-14-2021; Ord. No. 2021-1511, § 2(Exh. 1), 1-11-2022)

CHAPTER 19.48 - ENFORCEMENT—CERTIFICATES OF COMPLIANCE