§ 17.82

The purpose of this chapter is to establish objective standards and regulations to govern the subdivision of parcels under Government Code Section 66411.7, which was adopted into law by Senate Bill No. 9, Chapter 162 of the Statutes of 2021, effective January 1, 2022. If Government Code Section 66411.7 is ever repealed or ruled unconstitutional, unlawful, or no longer in effect by a court of competent jurisdiction, this section shall be automatically repealed. The director shall approve an exception to any of the standards specified in this chapter if necessary upon determining that strict compliance with the standard would physically preclude the construction of up to two residential units per parcel or would physically preclude either unit from being eight hundred (800) square feet in area.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

A.

Under Government Code Section 66411.7(a)(3)(A), only parcels located within single-family residential zones are eligible for urban lot splits, that is parcels located in the following zones:

1.

RS (residential, single-family) district;

2.

RR (rural residential) district; and

3.

RC (rural community) district.

B.

Further, an applicant applying for an urban lot split must meet the following criteria:

1.

The applicant's parcel was not established through a prior exercise of an urban lot split as provided for in this chapter.

2.

The applicant's parcel is not adjacent to another parcel that was subject to an urban lot split by either the applicant or any person acting in concert with the applicant as provided for in this chapter. For the purposes of this chapter, "any person acting in concert" with the applicant includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the applicant.

3.

The applicant's parcel is not located within 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 a local historic landmark or a local historic district under Chapter 17.36 of this Code.

4.

The applicant's parcel is not located on a site that includes any of the characteristics listed in Government Code Section 65913.4(a)(6)(B)—(K).

5.

The project meets all applicable requirements of Government Code Section 66411.7.

6.

The applicant must receive approval of any other permit required for the project by this Code, including, as applicable, encroachment and grading permits.

C.

An urban lot split is not available for any parcel where the urban lot split would require the demolition or alteration of any of the following types of housing:

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.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

4.

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

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

Prior to filing an application, a potential applicant shall meet with the director or his or her designee to discuss the application process, subdivision design, applicable fees, and the need for supplemental information.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

17.82.040 - Application.

A.

The applicant shall submit an urban lot split application in a form approved by the director.

B.

The applicant shall pay all filing fees and deposits as prescribed by resolution adopted by the city council.

C.

Courtesy public notice of an application shall be provided by the city in a manner deemed reasonable in the sole discretion of the director.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

A.

Design and Development Standards. An urban lot split shall comply with all design and development standards for the RS, RR, and RC districts, as applicable, and all other applicable development standards of this Code except as modified by this section.

B.

Density Standards. Each original parcel subdivided under this chapter may be developed with a total maximum of four residential units, calculated as a maximum of two newly created parcels and a maximum of two residential units per each of those two newly created parcels. No additional accessory dwelling units or junior dwelling units are permitted.

C.

Lot Line Standards.

1.

An urban lot split may only subdivide one existing, legal parcel and shall create no more than two resulting new parcels.

2.

All lot lines shall be contiguous to existing zoning boundaries.

3.

All parcels created pursuant to this chapter shall have access to, provide access to, or adjoin the improved public right-ofway.

4.

The subdivision shall not result in a new parcel with an average width that is less than the average width of the original parcel, unless this requirement 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 eight hundred (800) square feet.

5.

An urban lot split may not subdivide a parcel in a way that bisects an existing structure, unless the structure is proposed for demolition as part of the project.

6.

All required ancillary improvements (new or existing) serving any existing or proposed structure, including private sewage disposal (septic) systems and required parking spaces, must be entirely on the same lot as the structure served by that improvement.

D.

Lot Size and Access Standards. The urban lot split shall meet all of the following size and access requirements:

1.

Both newly created parcels shall be at least one thousand two hundred (1,200) square feet.

2.

Both newly created parcels must be of approximately equal lot area. The smaller parcel shall not be smaller than forty (40) percent of the lot area of the original parcel.

3.

All necessary easements and access to rights-of-way must be provided for fire department, utilities, and lot access. If the urban lot split results in the creation of a lot behind another lot, without direct frontage to a public or private street, then a private access easement, acceptable as to form to the city, must be provided over the front parcel for the back parcel to access a public or private street that meets all applicable fire department access requirements. All driveways shall be designed in accordance with Section 17.28.080 of the CMC.

4.

No new access from an arterial street is permitted.

E.

Fire Safety Standards. In addition to complying with all applicable provisions of Title 15 of this Code, projects developed under this chapter shall comply with the following fire safety requirements:

1.

Where two residential units are configured as sharing a common wall, a one-hour fire wall between the units is required.

2.

All new residential units are required to have an automatic fire sprinkler system.

3.

All new residential units are required to use fire-resistant building materials.

4.

All new or modified detached residential units shall be separated from any other residential unit or building by at least ten (10) feet to prevent the spread of fire.

F.

Unit Size Standard. The maximum unit size for any unit developed under this chapter is eight hundred (800) square feet in size.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

A.

The director will review all applications under this chapter ministerially and without a public hearing or discretionary review.

B.

In order to grant a ministerial design review permit, the director must find that the proposed project:

1.

Complies with all provisions of this Chapter 17.82;

2.

Complies with all development standards, with the exception of minimum lot size;

3.

Complies with all applicable objective General Plan, zoning code, and design standards; and

4.

Complies with all applicable provisions of state law.

C.

Denial Finding. The director may deny a proposed urban lot split, with written findings based upon a preponderance of the evidence, if the proposed project would have a specific, adverse impact upon public health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid that specific, adverse impact. For purposes of this section, "specific, adverse impact" means 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.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

17.82.070 - Conditions of approval.

A.

As a standard condition of issuance of a parcel map by the director for an urban lot split under this chapter, the applicant shall sign and record a covenant stating the following:

1.

The applicant shall occupy one of the residential units on the subdivided parcels as occupant's principal residence for at least three years from the date of the approval of the urban lot split.

2.

All resulting parcels shall be used solely for residential use.

3.

All dwelling units on the new parcels shall not be rented for a period of less than thirty (30) days and cannot be occupied as a short-term rental unit.

4.

Any development constructed in accordance with this chapter shall be subject to all development impact fees related to the development of a new residential unit.

5.

Separate utility connections shall be provided for each parcel prior to recordation.

6.

The applicant shall comply with all other provisions of this Code that are not in conflict with the provisions of this chapter.

The applicant may apply for an accessory dwelling unit or junior accessory dwelling unit permit under Section 17.12.170 or a ministerial design review permit under Chapter 17.84 on either or both resulting parcels, but under no circumstance may an applicant apply to develop more than two residential units of any kind per parcel created under this chapter or more than four total residential units of any kind on the combined originally subdivided parcel. Any parcel created under this chapter may be developed with a maximum of two residential units of any kind per parcel.

8.

In all cases, the applicant is limited to developing a maximum of four total units on the two resulting subdivided parcels.

9.

Neither the applicant nor any successor in interest shall apply for an urban lot split for either resulting parcel.

10.

Neither the applicant, a successor in interest, nor any person acting in concert with the applicant or successor in interest shall apply for an urban lot split for any adjacent parcel. For the purposes of this provision, "any person acting in concert" with the applicant includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the applicant.

B.

The recorded document shall include a note on the parcel map indicating that each parcel was created under this chapter and that no further subdivision of the parcel is permitted.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

The determination of the director may be appealed to the planning commission per Chapter 17.74.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)