§ 16.06

The purpose of this section is to implement the urban lot split provisions of Government Code § 66411.7 and to provide property owners with an expedited process to split parcels within the urbanized areas of the city, so that the resulting two (2) lots may be developed for residential uses and add to the housing stock. It is intended to regulate such land divisions to ensure that they do not significantly impact adjacent properties and do not diminish neighborhood character. This section and all other provisions of this Code are intended to be consistent with, and shall be interpreted in a manner consistent with, state law including, but not limited to, Government Code §§ 65852.21 and 66411.7, as those laws may be amended from time to time. If any provision of this Code is in conflict with state law, then those provisions shall be void to the limited extent necessary to avoid the conflict, and state law shall apply.

(Ord. No. 491, § 3, 4-23-2024)

16.06.020 - Definition of urban lot split.

"Urban lot split" shall mean an urban lot split subject to ministerial approval pursuant to Government Code § 66411.7.

(Ord. No. 491, § 3, 4-23-2024)

16.06.030 - General provisions.

All urban lot splits shall comply with all of the following provisions:

1.

A parcel may only be subdivided through an urban lot split one (1) time to create two (2) new parcels; the resulting parcels may not be further subdivided. Future property owners shall be informed of this restriction through a recorded deed notice approved by the city.

2.

The parcel for which an urban lot split is proposed shall meet all of the following criteria:

a.

The parcel is an existing legal lot.

b.

The parcel was not established through a prior urban lot split.

c.

The parcel is in a single-family residential zone.

d.

The parcel is a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United State Census Bureau.

e.

The parcel does not contain prime farmland or farmland of statewide importance as designated on maps prepared by the California Department of Conservation and is not zoned or designated for agricultural protection or preservation by a local ballot measure.

f.

The parcel does not contain wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

g.

The parcel is not located within a historic district, nor is the parcel or any resources thereon listed or designated as historic by the city, state, or federal government.

h.

The parcel is not in a high or very high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection unless the parcel will comply with fire hazard mitigation measures adopted pursuant to existing building standards or state fire mitigation measures applicable to the development.

i.

The parcel is not part of a hazardous waste site listed pursuant to Government Code Section 65962.5 or designated by the department of toxic substances control pursuant to Health & Safety Code § 25356, unless the state department of public health, state water resources control board, or department of toxic substances control has cleared the site for residential use or residential mixed uses.

j.

The parcel is not within a special flood hazard area or regulatory floodway on any official maps published by the Federal Emergency Management Agency unless the parcel satisfies all applicable federal criteria in Government Code § 65913.4(a)(6)(G) and (H).

k.

The parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Fish and Game Code § 2800 et seq.), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan, or under a conservation easement; does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973, the California Endangered Species Act (Fish and Game Code § 2050 et seq.), or the Native Plant Protection Act (Fish and Game Code § 1900 et seq.); and is not subject to a conservation easement.

l.

The proposed urban lot split would not require the demolition or alteration of any of the following types of housing as substantiated by an affidavit from the property owner(s):

i.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families 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 police power.

iii.

Housing that has been occupied by a tenant in the last three (3) years before the application to subdivide is submitted.

iv.

The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Government Code § 7060 et seq. (eviction) to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

m.

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. Future property owners shall be informed of this restriction through a recorded deed notice approved by the city.

3.

Ministerial parcel map applications to establish an urban lot split shall be reviewed by all applicable city departments and other public agencies for conformance with applicable standards, including but not limited to the Subdivision Map Act, Government Code § 66410 et seq. without public hearing or discretionary review.

4.

No off-site improvements or right-of-way dedications shall be required for an urban lot split. Easements granting access to the public right-of way or for public utilities and services may be required. In accordance with Government Code § 66411.1 provide compliance in which the urban lot split may be conditioned to dedicate required right-of-way and fulfillment of the construction requirements.

5.

Parcels created using an urban lot split shall be restricted to residential uses. Future property owners shall be informed of this restriction through a recorded deed notice approved by the city.

6.

At least one (1) owner of the property that is the subject of an application for an urban lot split shall sign an affidavit stating that the owner shall occupy one of the housing units as their principal residence for a minimum of three (3) years from the date the urban lot split is approved. This requirement does not apply to property owned by a "community land trust" as defined in Revenue & Taxation Code § 402.1(a)(11)(C)(ii) or a "qualified nonprofit corporation" as described in Revenue & Taxation Code § 214.15.

7.

Each resulting parcel shall demonstrate adequate access to a potable water supply and connection to sanitary sewer.

8.

Notwithstanding any other provision in this Code, a proposed urban lot split may be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, on public health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific, adverse impact" means 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.

9.

Any residential unit on a parcel created using an urban lot split shall not be rented for terms shorter than thirty (30) days. Future property owners shall be informed of this restriction through a recorded deed notice approved by the city.

(Ord. No. 491, § 3, 4-23-2024)

All urban lot splits are required to comply with all of the following provisions:

1.

The two (2) resulting parcels shall be of approximately equal lot area and the smaller of the two (2) shall be at least forty (40) percent of the lot area of the original parcel.

2.

Both newly created parcels shall be no smaller than one thousand two hundred (1,200) square feet.

3.

Both parcels shall abut a city-maintained road or have legal access from private road(s) or easements.

4.

Both parcels shall have a minimum road frontage of fifty (50) feet. If that much frontage is not available, one (1) lot shall be configured as a flag lot with a minimum 15-foot-wide access lane from the road. The access lane shall be part of the rear lot and shall be adjacent to an interior property line.

a.

If the resulting parcels would have a depth-to-width ratio greater than 3-to-1, a flag lot orientation is allowed regardless of available road frontage.

b.

Driveway access to all new units shall be compliant with city standard details and specifications for driveways and turnarounds.

(Ord. No. 491, § 3, 4-23-2024)

Chapter 16.08 - TENTATIVE MAPS

Sections: