Bradbury Municipal Code Ch. 164 Urban Lot Splits

Footnotes:

--- (12) ---

Editor's note— Ord. No. 398, § 3, adopted July 15, 2025, amended the Code by repealing former Ch. 164, §§ 9.164.010—9.164.060, and adding a new Ch. 164. Former Ch. 164 pertained to similar subject matter, and derived from Ord. No. 380, adopted December 21, 2021; and Ord. No. 383, adopted July 19, 2022.

For purposes of this chapter only, the following definitions shall apply:

Unit shall mean a primary dwelling unit, an accessory dwelling unit of any type, a junior accessory dwelling unit, or an SB 9 unit. "Unit" shall not include a guest house or an SRO development.

Urban lot split means a lot split of a single-family residential lot into two parcels that meets the requirements of this chapter.

(Ord. No. 398, § 3, 7-15-2025)

(a) The City shall approve or deny an application for an urban lot split within 60 days from the date of a complete application.

(b) If the City fails to approve or deny an application within this time frame, the application shall be deemed approved.

(c) If the City denies the application, it must provide the applicant with a full set of comments with a list of items that are defective or deficient and a description of how the application can be remedied within 60 days from a complete application.

(Ord. No. 398, § 3, 7-15-2025)

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

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

d. 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 California Building Standards Commission under the California Building Standards Law and by the City's Building Department.

e. 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 subparagraph 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 subparagraph if either of the following are met:

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

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

f. 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 section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph 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.

g. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in California Government Code section 65913.4(a)(6)(I).

h. 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 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with section 1900) of Division 2 of the Fish and Game Code).

i. Lands under a conservation easement.

(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 has been occupied by a tenant in the last three years.

(7) The lot split does not create more units or accessory living quarters than allowed under Chapter 9.85.

(Ord. No. 398, § 3, 7-15-2025)

The following requirements shall apply:

(1) The lot split conforms to all applicable objective requirements of the Subdivision Map Act and Part VII of Title IX of the Bradbury Municipal Code, 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 (2) above, for any lot resulting from an urban lot split, the setback for side and rear lot lines shall not be less than four feet. The front setback shall be as set forth in the applicable single-family residential zone.

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

(5) If a lot does not have direct access to a street, appropriate access easements meeting the minimum size of the driveway requirements set forth in Chapter 103 of the Development Code shall be provided on the tentative and parcel map.

(6) Development of the lots shall be in accordance with Chapter 85 of the Development Code.

(Ord. No. 398, § 3, 7-15-2025)

(a) The City shall not:

(1) Require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.

(2) Impose any objective subdivision 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) Require the correction of nonconforming zoning provisions as a condition for the lot split.

(4) Deny an application solely because it proposes an adjacent or connected structure provided that all building code safety standards are met and they are sufficient to allow a separate conveyance.

(b) 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 California Government Code section 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.

(Ord. No. 398, § 3, 7-15-2025)

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 consecutive calendar days.

(4) That the maximum number of primary units, ADUs of any kind, and JADUs to be allowed on each parcel shall not exceed two units. This shall not include the accessory living quarters allowed pursuant to Article III of Chapter 85 of Title IX.

(5) That the accessory living quarters allowed on the single lot in the A-1, A-2, or A-5 zone may be split as provided for in section 9.85.300.

(Ord. No. 398, § 3, 7-15-2025)

This chapter shall not apply to:

(1) Any parcel which has previously been established pursuant to a lot split in accordance with the provisions of the chapter; 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, "acting in concert" shall include, but not be limited to, where the owner of a property proposed for an urban lot split is the same, related to, affiliated with, or connected by partnership to the owner, buyer or seller if transferred within the previous three years of an adjacent lot.

(Ord. No. 398, § 3, 7-15-2025)