Avenal Municipal Code Ch. 10.22 Urban Lot Split Parcel Map

Sections:

• 10.22.010
• Purpose and Scope.
• 10.22.020
• Application.
• 10.22.030
• Approval.
• 10.22.040
• Location requirements.
• 10.22.050
• Design and improvement requirements.
• 10.22.060
• Access standards.
• 10.22.070
• Map requirements.
• 10.22.080
• Concurrent processing with other permits.
• 10.22.090
• Prohibition of further subdivision.

A. This Chapter implements Government Code Section 66411.7 to provide an alternative method to subdivide a parcel located within a single-family residential zoning district for the purpose of housing development.
B. Urban lot split means the subdivision of an existing legal parcel within the Single-family Residential district (R-1) under Chapter 9.10 of Title 9 “Zoning Ordinance”, to create no more than two new parcels.

A. A completed application form, of which the blank form shall be provided by the planning department. B. One (1) copy of the urban lot split parcel map, consistent with the requirements of Section 10.22.070 and Sections 66444 through 66450 of the Subdivision Map Act. The urban lot split parcel map must be prepared and signed by a licensed land surveyor or registered civil engineer authorized to practice land surveying. C. A fee in an amount established by resolution of the city council must be paid concurrently with the submission of the urban lot split parcel map.
D. A preliminary title report, showing the legal owners at the time of the filing of the urban lot split parcel map, and prepared not more than 90 days prior to the submittal of the application. E. All items referenced within the preliminary title report shall be submitted for review (i.e., deeds, easements, and record maps) when submitting application. F. A title guarantee by a qualified title company, for the benefit of the city, certifying that the signatures of all persons whose consent is necessary to pass clear title to the land and all

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June 2023 acknowledgments appear on the proper certificates and are correctly shown on the map and affidavits to dedication. G. Closure calculations for each individual lot and overall boundary prepared by and signed by a licensed land surveyor or registered civil engineer authorized to practice land surveying. H. A preliminary drainage plan. I. An urban lot split affidavit, in a form provided by the planning department, signed, notarized, and submitted with the application for an urban lot split parcel map, under penalty of perjury under the laws of California, that declares all of the following:

1. The proposed urban lot split will not require or authorize demolition or alteration of any of the following types of housing:
   a. A residential unit that is a deed-restricted below-market-rate residential unit.
   b. A residential unit that is subject to any form of rent or price control.
   c. A residential unit that has been occupied by a tenant in the last three (3) years.
   d. A residential unit on property subject to Government Code Section 7060 (Ellis Act), whereby the property owner has withdrawn the property from rent within the past 15 years.
2. The parcel was not established through any prior exercise of an urban lot split under this Chapter.
3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this Chapter.
4. The owner intends to occupy one of the residential units located on a lot created by the parcel map as their principal residence for a minimum of three (3) years after the date the parcel map was recorded.
5. No residential unit on any lot created by the subdivision will be rented or offered for rent for a term of less than 30 days.
6. The uses allowed on a lot created by the parcel map will be limited to residential uses. J. Any other information as required by standards that are published by the planning department.

A parcel map for an urban lot split will be approved ministerially without discretionary review or public hearing by the City Engineer if the parcel map meets all of the requirements of this Chapter and Government Code Section 66411.7. A tentative parcel map is not required for an urban lot split.

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June 2023 A parcel proposed for subdivision under this Chapter shall meet the following location requirements to be approved: A. The parcel is located in a single-family residential zoning district (R-1) for single-family uses.
B. The parcel is located within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
C. The parcel meets the requirements of Government Codes Section 65913.4(a)(6)(B)-(K).
D. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined by Public Resources Code Section 5020.1, or in the City Historic Resources Inventory, as designated by the City of Avenal.

A. A parcel map may subdivide an existing legal parcel to create no more than two new lots of approximately equal lot area. Each resulting lot may not be smaller than 40% of the area of the original parcel proposed for subdivision, and neither resulting lot may be smaller than 1,200 square feet.
B. Each lot must be served by a separate water service meter and a separate sewer connection.
C. Each lot must collect and convey all stormwater entering or originating on the lot, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the stormwater to an adequate natural watercourse, in accordance with applicable city standards and master plans. All storm drainage facilities must be designed and constructed in compliance with this Title and the City’s development standards.
D. The applicant shall comply with all applicable rules, regulations, and standards of the City’s National Pollutant Discharge Elimination System (NPDES) permit. E. On-site frontage improvements, including curbs and sidewalks, and dedications for road widening shall be provided as required by the Municipal Code. No off-site frontage improvements shall be required.
F. Rights-of-way and development rights shall be dedicated or conveyed as required by the Municipal Code.
G. The placement of lot lines may not result in an accessory building on a lot without a primary building on the same lot.
H. Lot lines may not render an existing structure as nonconforming in any respect (e.g., setbacks, yard, lot coverage, parking), nor increase the nonconformity of an existing nonconforming structure.

Each lot must front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:

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June 2023 A. Vehicle access easements serving a maximum of two residential units must have a minimum width of 12 feet unless a wider driveway is required by the California Fire Code.
B. Vehicle access easements serving three to four residential units must have a minimum width of 25 feet.
C. Vehicle access easements may not be located closer than 25 feet to an intersection.
D. If a vehicle access easement length is more than 75 feet, a vehicle turnaround must be provided.
E. The surfacing of easements and turnaround dimensions must meet the requirements of the California Fire Code and this ordinance.

The following content and information must be shown on the urban lot split parcel map:
A. A parcel map for an urban lot split must be prepared by a licensed land surveyor or registered civil engineer authorized to practice land surveying and meet all the requirements in Sections 66444 through 66450 of the Subdivision Map Act and this Title.
B. The size of each sheet shall be eighteen inches by twenty-six inches (18” x 26”) and to scale not less than 1:100 with a scale bar, north arrow, date of application, assessor’s parcel number of the area to be adjusted, and a legend, if applicable. C. The owner’s name, assessor parcel number, and deed document number of all adjoining parcels. D. Title Sheet with the relevant statements and certifications for a parcel map per Section 10.14.040 of this Title.
E. A location map shall appear on the map, showing the relative position of the land to be subdivided with the surrounding existing subdivisions with their recorded map reference, including their names and tract numbers. The location map shall show city boundaries crossing or adjoining the subdivision. F. Total area (in acreage and square feet) of each proposed lot.
G. The bearings and distances of existing and proposed property lines.
H. Zoning district.
I. The location and use of all existing and proposed structures.
J. All required zoning setbacks for the existing and proposed lots.
K. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements.
L. The location of all proposed new water, sewer, electricity, storm drain, or gas service lines, pipes, or systems.
M. The parcel map must show all easements for public utilities necessary to serve each lot created by the subdivision.

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June 2023 N. The parcel map must show all easements necessary to provide each lot with access as required by this Title.
O. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision. P. The location of any existing trees larger than 4” in diameter measure at 4’-6” above the base and any such trees proposed for removal. Q. Area of the parcel that has a slope of 25% or greater by way of contours at 5-foot intervals. R. Any area of the parcel that is a watercourse by delineating the flow line and top of the bank of the watercourse.
S. The name and dimensions, including right-of-way and improved area, of public and private streets adjoining the parcel.
T. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions. U. The location of existing or proposed driveway dimensions, materials, and slope (including cross slope).
V. The location of existing or proposed pedestrian pathway access to the public right-of-way. W. The parcel map shall contain a declaration of each of the following:

1. Each lot created by the parcel map must be used solely for residential dwellings.
2. No more than two residential dwelling units may be permitted on each lot.
3. Neither an accessory dwelling unit nor a junior accessory dwelling unit is permitted on a lot that includes two single-family dwellings.
4. No residential unit on a lot created by the parcel map may be rented or offered for rent for a term of less than 30 days.

A. No development, including grading or vegetation removal, may commence on either lot, concurrent with or subsequent to an urban lot split, unless the development is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards adopted and in effect, at the time a complete application is submitted. B. A building permit for development on a lot created by an urban lot split cannot be issued until the parcel map is recorded.
C. The City Engineer shall deny an urban lot split if the building official has made 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 of the Government Code, 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.

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

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June 2023

A lot created by a parcel map under this Chapter may not be further subdivided.

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

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June 2023