30-83 - MINISTERIAL APPROVALS.

The provisions of this Section shall apply within the R-1 Residential District to subdivisions meeting the requirements of Section 30-4.1.b.2 and 30-4.1.d.2 for two-family dwellings and for other ministerial approvals required by law, including but not limited to Sections 66411.7, 66499.40 and 66499.41 of the Subdivision Map Act.

(Ord. No. 3369 N.S., 5-7-2024)

A tentative parcel map and parcel map shall be required for all proposed urban lot splits and similar mandatory ministerial subdivisions and shall conform to the requirements of the Subdivision Map Act. The tentative parcel map and parcel map shall be filed with the Planning Director for examination for conformance to this title and the Subdivision Map Act.

(Ord. No. 3369 N.S., 5-7-2024)

A tentative parcel map and parcel map for an urban lot split and similar mandatory ministerial subdivisions shall conform to the requirements of sections 30-4.1.b.2 and 30-4.1.d.3 and all the of following:

a.

Flag Lots.

1.

A flag lot shall be allowed with an urban lot split in a situation where a conventional lot would not allow for a second lot of at least one thousand two hundred (1,200) square feet.

2.

The portion of the flag lot constituting the access corridor shall be excluded when determining compliance with minimum lot size and maximum lot coverage requirements.

3.

The minimum width of the access corridor of the flag lot shall be five (5) feet and the maximum width of the access corridor of the flag lot shall be twenty (20) feet, except where greater width is required for Fire Department access.

4.

New flag lots shall not be created from existing flag lots.

b.

Easements. Public utility, service and/or access easements shall be provided within the subdivision where required for public utility purposes, in accordance with this title.

c.

Dedications. Notwithstanding the requirements of this chapter, dedications of rights-of-way or the construction of off-site improvements for the parcels being created shall not be required.

d.

Improvements Required. The following improvements shall be required of all urban lot splits and similar mandatory ministerial approvals. The design and layout of such improvements shall conform to the generally acceptable engineering standards and to such objective standards as approved by the City Engineer that are in effect at the time of the parcel map application submittal.

1.

Sanitary Sewers. Each unit or lot within the urban lot split shall be served by the City's sanitary sewer system.

2.

Water Supply. Each unit or lot within the urban lot split shall be served by an approved domestic water system.

3.

Utilities. All new utilities within the urban lot split shall be placed underground except those facilities exempted by the Public Utilities Commission regulations and as otherwise provided in this Article.

4.

Storm Drainage. Stormwater runoff from the urban lot split shall be collected, conveyed and treated by an approved storm drain system consistent with City standards.

e.

Affidavit of Principal Residence. For projects being considered pursuant to Section 30-4.1d.3, Lot Splits, prior to approval of the parcel map, the applicant shall sign an affidavit, on a form approved by the City Attorney, stating that the applicant intends to occupy one (1) of the units as their principal residence for a minimum of three (3) years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the California Revenue and Taxation Code.

f.

Deed Restriction on Further Subdivision. For projects being considered pursuant to Section 30-4.1d.3, Lot Splits, the parcel map created pursuant to an urban lot split shall contain a note on the map, and respective deed restrictions shall be recorded with the Alameda County Recorder's Office, indicating that parcels resulting from the urban lot split were created using the provisions of this chapter and Section 66411.7 of the Subdivision Map Act, and that no further subdivision of the parcels is permitted.

g.

Conflicting Provisions. The proposed urban lot split or similar mandatory ministerial approval shall comply with all other applicable objective requirements of the Subdivision Ordinance and the Subdivision Map Act (Government Code Section 66410 et seq.) except as otherwise provided for in this article. In the event of a conflict between the requirements of this chapter and the requirements contained elsewhere in this Municipal Code, the provisions of this chapter shall apply to the review and approval of urban lot splits created hereunder.

(Ord. No. 3369 N.S., 5-7-2024)

Notwithstanding any other requirement under this chapter, the City shall ministerially review and approve applications for an urban lot split, without public notices, public hearings or discretionary review. No appeal or call for review may be filed on the action of the Planning Director.

(Ord. No. 3369 N.S., 5-7-2024)