Big Bear Lake Municipal Code Ch. 16.07 Parcel Maps—requirements and Procedures

A. A parcel map shall be filed and recorded for any subdivision subject to the Subdivision Map Act for which a tentative and final tract map is not required except as provided in subsection B below and except for subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than one hundred square feet. Such maps shall meet all the requirements and be subject to the mandates of the Subdivision Map Act, the subdivision ordinance and the subdivision manual.

B. The requirement for filing and recording a parcel map may be waived, provided that the subdivision committee finds the proposed division of land meets all requirements of the Subdivision Map Act and this title as to:

1. Area;

2. Improvement and design;

3. Floodwater drainage control;

4. Appropriate improved public roads;

5. Sanitary disposal facilities;

6. Water supply availability;

7. Environmental protection;

8. All other requirements of the Subdivision Map Act and any applicable provisions of this division; and

9. The city engineer and director of community development (as a committee) determine that a parcel map is not otherwise required by the Subdivision Map Act.

(Ord. 89-170 (part), 1989)

Parcel maps shall be based on a field survey in conformity with the land surveyors act unless such requirement is waived by the city engineer.

(Ord. 89-170 (part), 1989)

If dedications or offers of dedication are required, they shall be made by certificate on the parcel map unless such of a separate instrument for such dedication is approved by the city engineer.

(Ord. 89-170 (part), 1989)

Parcel maps shall be processed pursuant to the requirements of the subdivision manual. In conjunction with his approval of parcel maps, the city engineer shall have the authority to accept or reject dedications and offers of dedication that are made by certificate on such map. The city clerk shall transmit approved parcel maps directly to the county recorder.

After recordation of the parcel map, the subdivider shall forward two copies of thirty-five millimeter aperture cards and one blue line print of the recorded parcel map to the city engineer.

(Ord. 89-170 (part), 1989)

In accordance with the provisions of the Subdivision Map Act, the advisory agency can require improvements for parcel maps and remainder parcels. The timing for construction of such improvements can be determined pursuant to an agreement between the subdivider and the advisory agency.

(Ord. 89-170 (part), 1989)

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7.

B. Definition. An "urban lot split" means a subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the community development director or his/her designee director, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.

a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.

b. If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:

(1) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

(2) The city has all the remedies available to it under the SMA, including but not limited to the following:

(a) An action to enjoin any attempt to sell, lease, or finance the property.

(b) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(c) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

(d) Record a notice of violation.

(e) Withhold any or all future permits and approvals.

c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

2. Zone. The lot to be split through an urban lot split is located in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is one single-family residential dwelling unit on a lot, specifically the R-L and R-1 zones. Urban lot splits are prohibited in the multiple family residential (R-3), all commercial, and village specific plan (VSP) zones.

3. Lot location.

a. The lot to be split is not located on a site that is any of the following:

(1) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(2) A wetland.

(3) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(4) A hazardous waste site that has not been cleared for residential use.

(5) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(6) Within a one hundred (100) year flood hazard area, unless the site has either:

(a) Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(b) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(7) Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(8) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(9) Habitat for protected species.

(10) Land under conservation easement.

b. The purpose of subsection E.3.a. above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).)

4. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the state historic resources inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. No Prior Urban Lot Split.

a. The lot to be split was not established through a prior urban lot split.

b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

6. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

a. Housing that is income-restricted for households of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

d. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7. Lot Size.

a. The lot to be split must be at least two thousand four hundred (2,400) square feet in area.

b. Each lot resulting from an urban lot split be at least one thousand two hundred (1,200) square feet in area.

c. Each of the resulting lots must be approximately equal halves (fifty percent (50%) of the original lot area) but no less than sixty percent (60%) and forty percent (40%) of the original lot area.

8. Easements.

a. The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots, if such easements are required by the utility companies.

b. Each easement must be shown on the tentative parcel map.

c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection D.2. above.

9. Lot Access.

a. As required by Development Code Section 17.25.080.B., each new parcel shall have direct street access to the public right-of-way or private street. The use of private easements as the only access to urban lot split lots is not allowed. However, this provision shall not preclude adjacent property owners from granting reciprocal access rights to each other to share a common driveway. In order to minimize the number of driveways along a street, shared driveways between adjacent properties and urban lot split parcels is encouraged.

b. Each resulting lot must have frontage on the public right of way of at least twelve (12) feet. A "flag lot" is allowed provided that the flag "pole" portion of the lot shall be a minimum of twelve (12) feet in width as measured at the public right-of-way.

10. Unit Standards.

a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a second unit or two-unit project created under this Code, an ADU, or a JADU.

b. Unit Size.

(1) The total floor area of each dwelling unit that is developed on a lot resulting from an urban lot split must be:

(a) Equal to or greater than five hundred (500) square feet in area, and

(b) Less than or equal to eight hundred (800) square feet in area.

(2) A dwelling unit that was legally established prior to the urban lot split and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the urban lot split. The floor area of the original dwelling unit may not be expanded.

(3) A dwelling unit that was legally established prior to the urban lot split and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after the urban lot split.

c. Building Height. The maximum building height of a primary dwelling unit shall be twenty-two (22) feet, measured in the manner established in Development Code Section 17.02.030 "Building Height." Relief from setbacks will be granted before relief from building height.

d. Lot Coverage. As established in Development Code Table 17.25.050.A., the maximum lot coverage allowed in the residential-low (R-L) zone is thirty (30) percent. The maximum lot coverage allowed in the single family residential (R-1) zone is forty (40) percent. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at eight hundred (800) square feet each.

e. Open Space. The open space requirements shall be those established in Development Code Table 17.25.050.A. for the residential-low (R-L) and single family residential (R-1) zones. This standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at eight hundred (800) square feet each.

f. Setbacks.

(1) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone as stated in Development Code Section 17.25.050.

(2) Exceptions. Notwithstanding subsection (1) above:

(a) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(b) Side Yard and Rear Yard Setbacks. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

(3) Front and Streetside Setbacks. Where the property is adjacent to a public or private street having a right-of-way width of less than forty (40) feet, the minimum front setback (and streetside setback where the property contains more than one street frontage) shall be twenty (20) feet. Where the property is adjacent to a public or private street having a right-of-way width of forty (40) feet or greater, the minimum front setback (and streetside setback where the property contains more than one street frontage) shall be fifteen (15) feet.

g. Parking. Each new primary dwelling unit that is built on a lot created by an urban lot split must have at least one off-street parking space per unit unless one of the following applies:

(1) The lot is located within one-half mile walking distance of either:

(a) A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or

(b) A site that contains:

(i) An existing rail or bus rapid transit station;

(ii) A ferry terminal served by either a bus or rail transit service; or

(iii) The intersection of two or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

(c) The site is located within one block of a car-share vehicle location.

h. Architecture.

(1) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit shall match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(2) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings shall match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(3) Exterior siding materials of the dwelling units shall consist of at least two (2) of the following materials; wood or wood-appearing material in a horizontal application, wood or wood-appearing material in a vertical application, natural or cultured stone, decorative masonry, metal, and stucco. Stucco shall not be applied to an area greater than sixty percent (60%) of any wall surface. Metal siding shall only be used as an accent material and may not be applied to an area greater than twenty-five percent (25%) of any wall surface.

(4) All exterior lighting shall comply with Development Code Section 17.25.080.E., Lighting.

i. Landscaping. All landscaping shall comply with Development Code Section 17.25.080.C., Open Space and Landscaping, and the provisions of the California Model Water Efficient Landscape Ordinance (MWELO), as adopted by the City of Big Bear Lake and revised from time to time.

j. Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

k. Utilities.

(1) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

(2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten (10) years.

l. Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

11. Fire-Hazard Mitigation Measures.

a. In order to be eligible to be subdivided under the urban lot split provisions, a lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:

(1) The lot must have direct access to a paved public or private street having a right-of-way width of at least forty (40) feet.

(2) The public or private street must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

(3) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

(4) All structures on the site must have fire sprinklers as required by the building code.

(5) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.

b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subsection E.11. The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city's costs for inspection. Failure to pay is grounds for denying the application.

12. Separate Conveyance.

a. Within a resulting lot.

(1) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

(2) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

(3) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

13. Regulation of Uses.

a. Residential-Only. No non-residential use is permitted on any lot created by urban lot split.

b. No Vacation Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days.

c. Owner Occupancy. The property owner requesting an urban lot split must sign an affidavit stating that the property owner intends to occupy one of the dwelling units on one of the resulting lots as the property owner's principal residence for a minimum of three years after the urban lot split is approved. The owner occupancy requirement shall be enforced at the time of approval of the parcel map in the case of an urban lot split; or in cases involving undeveloped lots, the owner occupancy requirement shall be enforced at the time of a final inspection of a building permit on the first structure built on the property.

14. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

a. Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.

b. Expressly prohibits any non-residential use of the lots created by the urban lot split.

c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d. States that the property is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "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" and does not include:

a. Inconsistency with the zoning ordinance or general plan land use designation; or

b. The eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(Ord. No. 2022-500, § 4(Exh. 1), 3-7-2022)