Bishop Municipal Code Ch. 16.14 Parcel Maps for Urban Lot Splits

A. As used in this section, the term "urban lot split" means a lot split of a single-family residential lot into two parcels that meets the requirements of this section.

B. The city shall ministerially approve a parcel map for a lot split that meets the following requirements:

1. The parcel is located within a single-family residential zone.

2. The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.

3. The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel.

4. Both newly created parcels are no smaller than 1,200 square feet.

5. The parcel is not located in any of the following areas and does not fall within any of the following categories:

a. A historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code § 5020.1 or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

b. Prime farmland or farmland of statewide importance as further defined in Government Code § 65913.4(a)(6)(B).

c. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

d. A very high fire hazard severity zone as further defined in Government Code § 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to Government Code § 51179(b) or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

e. A hazardous waste site that is listed pursuant to Government Code § 65962.5 or a hazardous waste site designated by the department of toxic substances control pursuant to 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.

f. A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the state building standards commission under the state building standards law and by the city's building department.

g. A special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subsection if either of the following are met:

i. The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

ii. The site meets FEMA requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program as further spelled out in Government Code § 65913.4(a)(6)(G)(ii);

h. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with 44 CFR 60.3(d)(3). If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

i. 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 (16 USC 1531 et seq.), the California Endangered Species Act, Fish and Game Code § 2050 et seq., and the Native Plant Protection Act, Fish and Game Code § 1900 et seq.

6. The proposed lot split would not require demolition or alteration of any of the following types of housing:

a. 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;

b. Housing that is subject to any form of rent or price control by the city;

c. A parcel or parcels on which an owner of residential real property exercised rights under Government Code § 7060 et seq., to withdraw accommodations from rent or lease within 15 years before the date of the application; or

d. Housing that has been occupied by a tenant in the last three years.

7. The lot split does not create more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units.

C. Standards and requirements. The following requirements shall apply:

1. The lot split conforms to all applicable objective requirements of the Subdivision Map Act, Government Code § 66410 et seq., and this title, except as the same are modified by this section.

2. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

3. Except for those circumstances described in subsection C.2 of this section, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential zone.

4. The applicant shall provide easements for the provision of public services and facilities as required.

5. All lots shall have a minimum street frontage of 12 feet to provide for vehicular access.

6. Off-street parking shall include at least one non-tandem space per unit, except that no parking requirements shall be imposed in either of the following circumstances:

a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code § 21155(b) or a major transit stop as defined in Public Resources Code § 21064.3; or

b. There is a car share vehicle rental location within one block of the parcel.

D. The city shall not require or deny an application based on any of the following:

1. The city shall not require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map.

2. The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.

3. The city shall not require the correction of nonconforming zoning provisions as a condition for the lot split.

4. The city shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.

E. An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:

1. That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.

2. That the uses shall be limited to residential uses.

3. That any rental of any unit created by the lot split shall be for a minimum of 31 days.

4. That the maximum number of units to be allowed on the parcels is two, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to title 17.

F. The city may deny the 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 Government Code § 65589.5(d)(2), upon the 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. This section shall not apply to:

1. Any parcel which has been established pursuant to a lot split in accordance with this section; or

2. Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, it will be assumed that where a lot owner purchased the property from an adjacent owner who subdivided his property pursuant to this division within five years of the lot split, the owner is acting in concert with the then owner of the adjacent lot. However, acting in concert is not limited to this situation.

H. The provisions of this section supersede any contrary provisions of this Code.

(Code 1985, § 16.14.010; Ord. No. 573, § 1(16.14.010), 12-13-2021)