Chowchilla Municipal Code Ch. 17.26 Urban Lot Split (parcel Map)

A. The purpose of this chapter is to implement California Government Code Section 66411.7 to provide an owner of a parcel zoned entirely for single-family residential use an additional method to subdivide the parcel through an urban lot split parcel map for the purpose of housing development;

B. An urban lot split parcel map is defined as the subdivision of an existing legal lot zoned for single-family residential development under Chapter 18.06 of the zoning ordinance to create no more than two new parcels in accordance with the requirements of this chapter;

C. Urban lot split shall be used synonymously with a parcel map. A record data parcel map is prohibited. The parcel map shall be based on a field survey;

D. With respect to a division of land into four or fewer parcels, where dedications or offers of dedication are not required, the statement shall be signed and acknowledged by the subdivider only. If the subdivider does not have a record title ownership interest in the property to be divided, the local agency may require that the subdivider provide the local agency with satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this paragraph, "record title ownership" means fee title of record unless a leasehold interest is to be divided, in which case "record title ownership" means ownership of record of the leasehold interest. Record title ownership does not include ownership of mineral rights or other subsurface interests that have been severed from ownership of the surface;

E. The provisions of this chapter shall be the primary regulations for the subdivisions of land for and development of two unit residential developments under Cal. Government Code Sections 66411.7 and 65852.21. To the extent that an aspect of the subdivision of land for or development of two unit residential developments under Sections 66411.7 and 65852.21 is not addressed by this chapter, the provisions of the subdivision code and applicable zoning regulations shall apply, except where this would conflict with Sections 66411.7 and 65852.21;

F. In the event of a conflict between this chapter and another provision of the Chowchilla Municipal Code, as it applies to the subdivision of land for or development of two unit residential developments under Cal. Government Code Sections 66411.7 and 65852.21, this chapter shall prevail; and

G. No exceptions to the standards in this section shall be requested or granted, except as allowed per Chowchilla Municipal Code Chapter 17.32.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A. An application for an urban lot split shall be filed by the property owner or an agent of the property owner with the planning department on the city's approved form, subject to a fee in an amount established by city council resolution. An application shall be completed to the satisfaction of the planning department to be considered. The city will inform the applicant in writing of any incompleteness within thirty days after an application is submitted;

B. An application shall include an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. An affidavit shall not be required of an applicant that is either a "community land trust" (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a "qualified nonprofit corporation" (as defined by Rev. & Tax Code § 214.15);

C. An application for an urban lot split shall meet the requirements set forth in this chapter;

D. The city shall act upon an application for an urban lot split without a discretionary review, public hearing, or site plan review committee review, within fifty calendar days after a complete application for an urban lot split is filed. The time limit specified in this chapter may be extended by mutual consent of the applicant and the city;

E. The director shall ministerially approve or deny the application for an urban lot split. The decision shall be final, and the director shall state in written findings the reasons for approval or denial.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A. The planning department shall transmit copies of the urban lot split and other required information to each of the following: Department of public works, building & safety, the fire department, and to such other agencies that it determines may be affected or may have an interest in the proposed subdivision;

B. These departments or agencies shall submit their written reports, corrections, and recommendations within the time specified by the planning department. Such time limit shall not be more than fifteen working days from the date of the transmittal letter.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A. No development, including but not limited to grading or vegetation removal, shall commence on any lot, prior to, concurrent, or subsequent to an urban lot split, unless a valid building permit has been issued for the construction of an accessory dwelling unit or junior accessory dwelling unit;

B. A building permit shall not be issued for development on a parcel where an urban lot split is proposed, until the urban lot split is accepted and the map is recorded by the County of Madera, unless the proposed project conforms to the subdivision ordinance and the city's policies and ordinances implementing Cal. Government Code Sections 65852.2, 65852.21, and 65852.22 without recordation of the urban lot split.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A. An urban lot split shall be prepared by a qualified California registered civil engineer or a California licensed surveyor in accordance with the subdivision regulations and the Subdivision Map Act. Civil engineers with licenses prior to January 1, 1982 (with a license number before 33966) are authorized to practice all land surveying and engineering surveying.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

The proposed subdivision shall conform to the following standards:

A. An urban lot split shall be prepared in accordance with requirements set forth in Section 17.28.030 of the subdivision ordinance, Cal. Government Code Section 66410 et seq., 66444—66450 and the applicable sections of this chapter;

B. An urban lot split shall not be approved except in conjunction with a concurrently submitted application for building permits for a two unit residential development pursuant to Cal. Government Code Section 65852.21 and subject to the provisions of Chapter 18.10, Chapter 18.12, and Section 17.26.040 as applicable;

C. Development on the resulting parcels shall be limited to the residential development approved in the concurrently submitted building permit applications;

D. The parcel shall be located entirely within a single-family zoning district;

E. The site shall not be located within a city historic district, on a designated historic landmark property, or included on the state historic resources inventory;

F. The urban lot split will subdivide an existing parcel to create no more than two new parcels;

G. The parcel proposed for subdivision shall not result in more than two dwelling units of any type per parcel involved in an urban lot split, including principal dwelling units, ADUs and JADUs, and residential development permitted by Cal. Government Code Section 65852.21;

H. One principal unit is required per parcel;

I. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner shall have previously subdivided an adjacent parcel under the provisions of this chapter or Cal. Government Code Section 66411.7. Adjacent means situated near or close by. Adjacent includes real property across alleys, streets, public waterways or other public property;

J. The parcel proposed for subdivision shall not have been established through a prior exercise of an urban lot split as provided for by this chapter or Cal. Government Code Section 66411.7;

K. The land uses proposed for the parcels created by the urban lot split shall be residential uses only (no mixed-use or commercial or other non-residential uses);

L. Rental terms of any unit created by the subdivision shall not be less than thirty consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one thirty-day period occupancy by the same tenant;

M. The owner shall not have withdrawn rent or price-controlled accommodations from rent or lease on this parcel within fifteen years prior to the date of application for the proposed project;

N. The proposed housing development shall not require the demolition or alteration (defined as demolition or alteration of more than twenty-five percent of the existing exterior 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 public agency rent or price control.

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

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A proposed urban lot split subdivision shall not be approved if any of the following apply:

A. The site is located within wetlands, as defined in the U.S. Fish and Wildlife Service Manual, Part 660, PW 2 (June 21, 1993);

B. The site is located on a hazardous waste site that is listed per Cal. Government Code Section 65962.5 or designated by Cal. Health & Safety Code Section 25356;

C. The site is located within 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;

D. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Cal. Government Code 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;

E. The site is located within a special flood hazard area for the 100-year flood (any Zone A or Zone V), unless one of the two below conditions is satisfied:

1. The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or;

2. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

F. The site is located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, 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;

G. The site is located on lands identified for conservation in an adopted community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan;

H. The site is located within habitat for protected species identified as a 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. The site is located on lands under conservation easement;

J. The proposed housing development would result in fewer dwelling units than would otherwise be allowed on the site by the general plan land use element, in accordance with the state's no net loss requirements.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

An urban lot split shall be prepared in accordance with the requirements set forth in Chapter of the Chowchilla Municipal Code, Cal. Government Code Section 66410 et seq., 66444—66450, and this chapter. The map shall contain the following supplemental information to establish compliance with the construction plans and all provisions of this Code and applicable state law:

A. Preliminary title report of the property and shall be no more than ninety days old from the time of application submittal;

B. The size of each sheet shall be eighteen by twenty-six inches. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of sheets and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown:

1. The map number.

2. The boundaries of the subdivision, defined by legal description, with sufficient information to locate the property to determine its position with respect to adjacent named or numbered subdivisions, if any. The boundary shall be based upon a field survey. Record data parcel maps are prohibited.

3. Total area (in acreage and square feet) of each proposed lot.

4. The directions of flow of all watercourses and flood-hazard control areas within and adjacent to the property involver per Federal Emergency Management Agency (FEMA) Flood Insurance rate (FIRM) maps, and the proposed method of providing storm water, drainage, and erosion control.

5. The location and extent of any known jurisdictional wetland areas or other sensitive habitat areas such as rare and endangered plant species or riparian vegetation;

6. The location of the site's scenic landscape features and scenic corridors, ridgelines, and skylines, as defined in the city's general plan and state law, and an assessment of the visibility of any future development from or within scenic corridors;

7. Legal description of the parcel;

8. Lot width of each proposed lot;

9. Public right-of-way frontage of each proposed lot;

10. Curve radii as applicable;

11. Location and dimensions of existing established proposed property lines. The existing property lines shall be based upon found monuments;

12. Zoning district;

13. General plan land use designation;

14. The location and use of all existing and proposed structures;

15. The basis of bearings shall be based on the California Coordinate System. Mapping shall comply with the California Public Resource Code;

16. All required zoning setbacks for the existing and proposed lots;

17. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;

18. The location of all proposed new water, gas, sewer, storm drain, lines, pipes, or systems;

19. The location of any proposed and/or existing easements, including but not limited to, access or public utilities to serve a lot created by the subdivision;

20. The location and species name of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal;

21. Existing and proposed topographic information shall be provided and shall be tied to the City's datum. Contour lines shall have the following intervals:

i. Two-foot contour interval for ground slope between ground level and ten percent; and

ii. Five-foot contour interval for ground slope exceeding ten percent.

22. Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys and private alleys adjoining the parcel;

23. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;

24. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope);

25. Location of existing or proposed vehicular access to the public right-of-way; and

26. Location of existing or proposed pedestrian pathway access to the public right-of-way.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

The proposed subdivision shall conform to the following requirements:

A. The two new parcels shall be of approximately equal lot area;

B. One parcel shall not be smaller than forty percent of the lot area of the original parcel;

C. Both newly created parcels shall be no smaller than one thousand two hundred square feet each;

D. All easements required for the provision of public services and facilities shall be provided to the satisfaction of the director of public works;

E. Each parcel shall be served by a separate water service meter, a separate sewer service connection, and gas connection if required;

F. Each parcel shall drain to the street or to a developed drainage easement;

G. Both newly created parcels shall conform to the minimum lot width requirements in Chapter 18.10, Chapter 18.12, and Chapter 17.32 of the Chowchilla Municipal Code. Lot width exceptions shall meet the requirements set forth in Chapter 17.32;

H. Lot width means the horizontal distance between the midpoints of the side lot lines, measured at right angles to the line measuring depth;

I. Each of the proposed parcels shall have public right-of-way frontage (public street or alley) abutting the original parcel;

J. A flag lot, or a lot with a narrow projecting strip of land extending to or along a public right-of-way frontage, shall not be permitted;

K. Lot depth shall be measured at average distance between the front and rear lot line of the newly created lot;

L. New lot lines shall be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate natural course;

M. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets;

N. Lot lines shall be contiguous with existing zoning boundaries;

O. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in the zoning ordinance;

P. Lot lines shall not render an existing structure as nonconforming in any respect (e.g. setbacks, open yard, floor area ratio, parking), nor increase the nonconformity of an existing nonconforming structure.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

An approved urban lot split shall expire thirty-six months after its approval, except when a time extension has been granted by the director or meets the terms allowed by Cal. Government Code Section 66452.6.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A. Where an applicant desires to revise or amend an approved urban lot split map, the applicant may file a revised urban lot split map, prior to the expiration of the approved urban lot split map. A revised urban lot split map shall be subject to additional fees in an amount established by city council resolution;

B. Revisions and amendments to the urban lot split shall be made pursuant to Section 66469 et seq. of the Subdivision Map Act;

C. Failure to record a final map before the urban lot split expires shall cause the urban lot split parcel map approval to become null and void with no further action required on the part of the city. Any pending building permit application that proposes two principal structures on the original parcel shall become null and void with no further action required on the part of the city, unless the applicant revises the permit application to comply with the zoning ordinance and the requirements in Cal. Government Code Sections 66444—66450;

D. Once an urban lot split has expired, no further subdivision action shall take place until a new tentative map is approved.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

A. The applicant shall apply for a parcel map with the department of public works prior to approval and recordation of the urban lot split;

B. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant on each property title in the form prescribed by the city of Chowchilla City Attorney which shall run with the land and provide the following:

a. A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this chapter; and

b. A prohibition on the conversion of nonresidential uses of any units developed or constructed on either resulting parcel, and a prohibition against renting or leasing the units for fewer than thirty consecutive calendar days.

C. The urban lot split shall be subject to the map provisions in Chapter 17.24.

D. Upon the approval of the parcel map, the applicant or the property owner shall submit the map to the county recorder for recordation. The map shall be accepted and recorded by the county prior to issuance of any building permits by the city, except as otherwise provided by this chapter.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)

Any applicant with the owner's consent or record owner of the subject property may withdraw an urban lot split parcel map at any time prior to the recordation of the urban lot split. Notice of withdrawal shall be provided to the director in writing. Upon receipt of such notice, the urban lot split shall be considered officially withdrawn, with no further action required on the part of the city. Any building permit application that proposes more than two principal structures on the original parcel shall be null and void with no further action on the part of the city, or such permit(s) may be revised by the applicant to comply with the zoning ordinance and requirements in Cal. Government Code Sections 66444—66450.

(Ord. No. 529-25, § 1(Exh. A), 6-24-2025)