Atascadero Municipal Code Art. 2 Lots

The design of lots should be based on intended use, topography and access requirements. Lots which are impractical for intended uses due to terrain, location of natural features, inadequate access, frontage, or buildable area, or other physical limitations will not be approved. All lots shall abut on an improved street unless approved as a deep lot subdivision by the Planning Commission, under standards adopted by the Planning Commission.

(Ord. 370 § 2, 2000)

(a) Lot lines shall be at the top of slope banks, unless otherwise approved by the advisory agency.

(b) Side lot lines shall be perpendicular to the street on straight streets, or radial to the street on curved streets, unless another angle would provide better building orientation for solar exposure or more lot area to the south of the likely building site, or unless another lot configuration would better suit the site topography or planned design of the development, unless otherwise approved by the advisory agency.

(Ord. 370 § 2, 2000)

Lots with a ratio of depth to width greater than 3:1 shall not be permitted unless there is adequate assurance that deep lot subdivisions and subsequent development will be accomplished without detriment to adjacent properties.

(Ord. 370 § 2, 2000)

Minimum lot sizes shall be as established in the zoning ordinance for the underlying zoning district for which a subdivision or other action pursuant to this title is proposed, or as permitted as an urban subdivision consistent with Government Code Section 66411.7 and Atascadero Municipal Code Section 11-6.27.

(Ord. 658 § 2, 2022; Ord. 370 § 2, 2000)

(a) New lots shall not be permitted where the average slope is over 30%; unless there is a building envelope with an average slope of less than 20% or the creation of such a lot offers public dedications or easements beneficial to the community.

(b) New lots shall not be permitted where private sewage disposal systems would be required on slopes of more than 30%.

(Ord. 370 § 2, 2000)

(a) Flag lots may be approved for subdividing deep lots subject to the following findings: (1) the subdivision is consistent with the character of the immediate neighborhood; (2) the installation of a standard street, either alone or in conjunction with neighboring properties is not feasible; and (3) the flag lot is justified by topographical conditions. Such subdivisions shall conform with the following:

(1) The accessway serving the flag lot(s) shall not be included in the determination of required lot area for any lot;

(2) The original lot shall have frontage on a dedicated street;

(3) The accessway to the rear shall be at least 20 feet wide (developed to City standards) for residential zones, except where the accessway is more than 150 feet long, it shall be at least 24 feet wide with 20 feet of pavement, unless otherwise approved by the Planning Commission. For all other zones, the accessway shall be at least 30 feet wide with a paved roadway at least 24 feet wide;

(4) Each lot shall have yards as required by the zoning regulations, including a five foot setback along any accessway, whether easement or lot line;

(5) The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it, unless otherwise approved by the advisory agency;

(6) Lots utilizing the accessway of a flag lot may be required to enter into a road maintenance agreement to insure perpetual maintenance and repair of the accessway;

(7) A reflectorized house number master sign shall be located at the intersection of the street and accessway and individual reflectorized address signs shall be placed on the right-hand side of the driveway to each individual lot.

(Ord. 370 § 2, 2000; Ord. 524 § 2, 2008)

An urban subdivision, or urban lot split is the division of one single family zoned residential parcel into two lots, consistent with the Government Code 66411.7 and this code.

(a) Ministerial Review Process. An urban lot split parcel map application will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this section and in accordance with the procedures set forth in Chapter 11-14 of this code.

(b) Location Requirements. An urban lot split parcel map application must meet all the following location requirements:

(1) The subject parcel must be located in an area zoned for single-family use, owned by an individual property owner (as defined in Title 9, Chapter 18) and be within or partially within the urbanized area, as designated by the U.S. Census Bureau.

(2) The subject parcel must not be located in an area designated in Government Code Sections 65913.4(a)(6)(B) through (K). This includes certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for conservation, and habitats for protected species.

(3) The subject parcel must not be located within a historic district or property, as set forth in Government Code Section 65852.21(a)(6).

(c) Limitation on Demolition and Alterations. A proposed urban lot split must not involve demolition or alteration of:

(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons 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.

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

(d) Limitation on Parcels Withdrawn from Rental Market. A proposed urban lot split must not involve property withdrawn from rental market under Government Code Section 7060 and following, within 15 years before the date that the development proponent submits an application.

(e) Development Standards. A proposed urban lot split must comply with the following development standards:

(1) No more than two dwelling units may be developed on either resulting lot. Existing residential units, accessory dwelling units (ADUs), and junior ADUs (JADUs) (ADU's and JADU's are defined in Title 9, Chapter 5) shall be included in the maximum number of units.

(2) All UDUs must be consistent with the standards of Chapter 18 of Title 9.

(3) All parcels proposing an urban lot split must comply with the following design standards:

(i) Lot lines shall be at the top of slope banks.

(ii) Side lot lines shall be perpendicular to the street on straight streets, or radial to the street on curved streets.

(iii) Lots with a ratio of depth to width greater than three-to-one (3:1) shall not be permitted.

(iv) All new lots shall have a minimum primary frontage width of 40 feet, unless approved as a flag lot subdivision.

(v) Where the street frontage of a lot (or the combined street frontage of the two lots created through an urban lot split) is 80 feet or less, all units on the lot (or all units on both lots created through an urban lot split) shall share the same drive approach and driveway.

(vi) Flag lot subdivisions may be approved subject to the following:

a. The original lot shall have frontage on a dedicated street with a minimum width of at least 65 feet;

b. The accessway to the rear shall be at least 20 feet wide (developed to City standards), except where the accessway is more than 150 feet long, it shall be at least 24 feet wide with 20 feet of pavement.

c. The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it and a maintenance agreement shall be recorded with the final parcel map.

d. A reflectorized house number master sign shall be located at the intersection of the street and accessway and individual reflectorized address signs shall be placed on the right-hand side of the driveway to each individual lot.

(4) All parcels with average slopes of 30% or greater must identify an accessible building envelope with a slope of 15% or less for the resulting vacant parcel.

(5) All utilities shall be separate for units residing on separate parcels. Multiple units on the same parcel may share utility connections unless prohibited by city code for residential uses.

(6) One street tree per 30 feet of primary frontage shall be installed.

(f) Denial Based Upon Adverse Impacts. The City will deny a proposed urban lot split 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, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(g) Any units constructed on a lot that was created by an urban lot split are subject to the standards and requirements of Title 9, Chapter 18, including, but not limited to, prohibition of short-term rentals, size limitations, and owner occupancy.

(h) Compliance with the Subdivision Map Act. Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as expressly provided in this section.

(i) Dedication and Frontage Improvements. A dedication of rights-of-way or the construction of offsite improvements for the parcels being created cannot be required as a condition of issuing a parcel map. All required frontage improvements shall be completed prior to or concurrently with a building permit for an urban dwelling unit on either resulting lot.

(j) Owner Occupancy. The applicant for an urban lot split must be an existing owner and occupant of the subject lot and must sign an affidavit stating that the applicant will occupy one of the housing units on site as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This does not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

(k) Residential Use Requirement. All uses allowed on a site subdivided as an urban lot split must be limited to residential uses. This does not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

(l) Non-Conforming Zoning Conditions. Nonconforming zoning conditions are not required to be made conforming before approving an application.

(m) Prior Urban Lot Split. The parcel being subdivided may not have not been established through prior exercise of an urban lot split. In addition, neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel may have used the urban lot split process as provided for in this section.

(n) Size Requirements. The urban lot split meets all of the following size requirements:

(1) Both newly created parcels must be no smaller than 1,200 square feet and must comply with the LAMP criteria for subdivisions for properties served by on-site wastewater systems;

(2) Both newly created parcels must be of approximately equal lot area, which for purposes of this paragraph means that one parcel may not be smaller than 40% of the lot area of the original parcel proposed for subdivision.

(o) Deed Covenant Required. Prior to recordation of any final map for an urban lot split, a covenant shall be recorded that provides notification as necessary to describe the limitations of this chapter, including, but not limited to, the following:

(1) Notification that the parcel is subject to standards required by Government Code 66411.7 and this code, which may include, but are not limited to, size of residence, design standards, rental requirements, etc.

(2) No unit on either property may be used as a short-term rental unit (stays 30 days or less).

(p) Appeals. For the purposes of this chapter, decisions of the Community Development Director or Building Official to approve or deny an application may be appealed in compliance with Section 9-1.111 of the Atascadero Municipal Code.

(q) Conflict. If any section within this chapter conflicts with Government Code Section 65852.21 or 66411.7, then the Government Code Sections will apply.

(Ord. 658 § 2, 2022)