§ 20.14

This Chapter establishes exceptions to the Zoning Code and Subdivision Ordinance and provides permit procedures to allow urban lot splits allowed by Senate Bill No. 9 (2021), as codified in Government Code Section Sections 66452.6 and 66411.7. The provisions of this Chapter shall supersede any other provision to the contrary in the Subdivision Ordinance or the Zoning Code. Subdivision standards provided for in the Subdivision Ordinance that are not affected by this Chapter shall remain in effect.

(Ord. No. 2286, § 6, 8-16-2022)

This Chapter is applicable only to voluntary applications for urban lot splits. Owners of real property or their representatives may continue to exercise rights for property development in conformance with this Title. Applications that do not satisfy the definitions for an urban lot split provided in Section 21.25.030 (Definitions) of the Zoning Code shall not be subject to this Chapter. It is not the intent of this Chapter to override any lawful use restrictions as may be set forth in Conditions, Covenants, and Restrictions (CC&Rs) of a common interest development.

(Ord. No. 2286, § 6, 8-16-2022)

The meaning of terms used in the Chapter shall be as defined by Section 21.72.020 (Definitions of specialized terms and phrases), Section 21.23.120 (Definitions), and Section 21.25.030 (Definitions) of the

Zoning Code. Where a conflict may exist between these sections, the definitions provided in Section 21.25.030 (Definitions) shall prevail.

(Ord. No. 2286, § 6, 8-16-2022)

The following objective subdivision standards supersede any other standards to the contrary that may be provided in the Subdivision Ordinance, Zoning Code, or applicable neighborhood plan as they pertain to creation of an urban lot split under Section 66411.7 of the Government Code.

A.

Allowable Lot Types. Any newly created parcel satisfying the criteria provided by Section 21.25.040

(General Eligibility) of the Zoning Code may be approved for an urban lot split, irrespective of its current configuration. However, the allowed creation of specific lot types resulting from an urban lot split is limited to those specified in Table 1-1 (Allowed Lot Types), below. Lot types identified with an (A) are allowable. Lot types identified with a (P) are prohibited and shall not be created.

Table 1-1 - Allowed Lot Types

B.

Flag Lots. The access corridor of a flag lot parcel (as illustrated in Section 21.25.030, Figure 1-1 of the Zoning Code) shall be in fee as part of the parcel and not as an easement and shall be of a minimum width of twelve feet and a maximum width of fifteen feet and be entirely paved with either concrete or pavers, consistent with the Fire Code as determined by the fire chief.

C.

Lot Lines. The side lines of all parcels, so far as possible, shall be at right angles to streets or radial or approximately radial to curved streets and to center points of cul-de-sac turning circles.

D.

Minimum Lot Size. Each new parcel shall be approximately equal in lot area provided that one parcel shall not be smaller than forty percent of the lot area of the original parcel proposed for subdivision. In no event shall a new parcel be less than one thousand two hundred square feet in lot area. The minimum lot area for a flag lot shall be exclusive of the access corridor as illustrated in Section 21.25.030, Figure 1-1 of the Zoning Code.

E.

Minimum lot width. Each new parcel shall maintain a minimum lot width of twenty-five feet. The calculation of lot width for a flag lot shall exclude the access corridor as illustrated in Section 21.25.030, Figure 1-1 of the Zoning Code.

F.

Minimum Public Frontage. Each new parcel shall have frontage upon a street dedicated in fee as a public street with a minimum frontage dimension of twenty-five feet, except for flag-lots which shall have a minimum frontage dimension of twelve feet.

G.

Number of Lots. The parcel map to subdivide an existing parcel shall create no more than two new parcels.

(Ord. No. 2286, § 6, 8-16-2022)

The following requirements and restrictions apply to all proposed urban lot splits allowed by this Chapter:

A.

Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this Chapter.

B.

Dedication and Easements. The city engineer shall not require dedications of rights-of-way nor the construction of offsite improvements, however, may require recording of easements necessary for the provision of public services and facilities.

C.

Existing Structures. Existing structures located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across the shared property line resulting from an urban lot split, unless the structure is converted to an attached townhome

unit as provided for in Section 21.25.050, Table 1-1 (Setback Requirements, Exception No. 4) of the Zoning Code. All other existing structures shall be modified, demolished, or relocated prior to recordation of a parcel map.

D.

Grading. A change in elevation (AMSL) from natural grade shall be limited to the minimum extent necessary to ensure adequate drainage as demonstrated by a grading and drainage plan prepared by a registered civil engineer.

E.

Intent to Occupy. The applicant shall sign an affidavit provided by the community development director attesting that the applicant intends to occupy one of the newly created parcels as their principal residence for a minimum of three years from the date of the approval of the urban lot split (or issuance of a certificate of occupancy for a new dwelling in the case of a vacant lot). The affidavit shall be recorded on the title of the parcel concurrently with recordation of the parcel map.

This requirement shall not apply to an applicant that is "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

F.

Nonconforming Conditions. The City shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions may result from the urban lot split other than as specified by Section 21.25.050, Table 1-1 (Setback Requirements) of the Zoning Code.

G.

Number of Remaining Units. No parcel created through an urban lot split shall be allowed to include more than two existing dwelling units as defined by Government Code section 66411.7(j)(2). Any excess dwelling units that do not meet these requirements shall be relocated, demolished, or otherwise removed prior to approval of a parcel map.

H.

Park Impact Fee. A fee in-lieu of parkland dedication pursuant to Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) shall be paid prior to recordation of the parcel map.

I.

Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided under the provisions of this Chapter. The subdivider shall sign a covenant provided by the community development director documenting this restriction. The convent shall be recorded on the title of each parcel concurrent with recordation of the parcel map.

J.

Restrictions on Demolition. The proposed urban lot split shall not require the demolition or alteration involving removal of more than twenty-five percent of the existing exterior structural walls 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.

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

K.

Storm Drain Area Fee. Prior to recordation of a parcel map, the applicant shall pay the required Storm Drain Area fee, as set by the City's Schedule of Fees and Charges.

L.

Stormwater Management. The subdivision shall comply with the requirements of the City's National Pollution Discharge Elimination System (NPDES) Permit as implemented by Chapter 14.02 (Stormwater Pollution Control), and as demonstrated by a grading and drainage plan prepared by a registered civil engineer.

M.

Utilities. Utilities serving new parcels created through an urban lot split shall not cross property lines. The requirements of the utility providers shall be satisfied prior to recordation of a parcel map.

(Ord. No. 2286, § 6, 8-16-2022)

Applications for urban lot splits shall be submitted and processed in compliance with the following requirements:

A.

Application Type. An urban lot split shall be reviewed by the city engineer as a ministerial application for a parcel map. A tentative parcel map shall not be required.

B.

Concurrent Submittal. A parcel map for an urban lot split may not be approved except in conjunction with a concurrently submitted application for a zoning clearance pursuant to Section 21.25.090 (Application

process) of the Zoning Code. Development of the new parcels is limited to the proposed housing development approved by the zoning clearance unless an application for a new zoning clearance is issued for a different proposed housing development.

C.

Application Filing. An application for a parcel map for an urban lot split, including the required application materials and filing fee, shall be filed with the public works department in compliance with Chapter 20.16 (Parcel Map Procedures).

D.

Referral. The city engineer shall refer the parcel map application to the community development director, fire chief, and utility agencies for review prior to recordation.

E.

Denial. The city engineer may deny an urban lot split only if the building official makes a written finding, based upon a preponderance of the evidence, that a proposed housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, 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.

F.

Appeals. A decision of the city engineer on a parcel map for an urban lot split is a ministerial action and not appealable.

(Ord. No. 2286, § 6, 8-16-2022)