Citrus Heights Municipal Code Art. XXII Parcel Maps for Urban Lot Splits

For purposes of this article, the following definitions shall apply:

Lot area means the area included within the lot lines of the lot, expressed in square feet or acres, and exclusive of floodways and area of easements on the lot for streets or driveways that are not for the exclusive use of the lot.

Single-family residential zone means a lot with a zoning classification of RD-1 through RD-5 and special planning areas that allow single-family residential.

Unit means any dwelling unit, including but not limited to a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit.

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

(Ord. No. 2021-007, § 1, 12-9-2021)

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 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.

(3) Both newly created parcels are no smaller than 1,200 square feet.

(4) The parcel is not located in any of the following areas and does not fall within any of the following categories:

a. 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 Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii).

b. 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.

c. Lands under a conservation easement.

d. Within a historic district or on a site that is designated as historic.

(5) 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. Housing that has been occupied by a tenant in the last three years;

d. Housing on a parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application.

(6) The lot split does not create more than two units on a parcel.

(Ord. No. 2021-007, § 1, 12-9-2021)

The following requirements shall apply to urban lot splits:

(1) The lot split conforms to all applicable objective requirements of the Subdivision Map Act and chapter 106 of the Citrus Heights 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 section 82-752(2) above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the underlying single-family residential zone.

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

(5) An application for an urban lot split shall not require the correction of nonconforming zoning provisions as a condition for the lot split.

(6) Except for those circumstances described in section 82-751(5), the demolition or alteration of a structure is allowed for land divisions proposed under this section.

(7) Development of residential units on the lots created by the urban lot split shall be governed by section 106.42.260.

(Ord. No. 2021-007, § 1, 12-9-2021)

Dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of approval for the parcel map shall not be imposed on urban lot splits.

(Ord. No. 2021-007, § 1, 12-9-2021)

The following objective standard shall apply to urban lot splits provided the objective subdivision standard shall not be imposed if it would have the effect of physically precluding the construction of two units on either of the resulting parcels in a unit size of less than 800 square feet.

(1) Each lot shall have frontage on or direct access to a public street. To be considered direct access, the proposed lot split may allow one lot to access a public street by way of a recorded 20-foot minimum width easement.

(2) Lots proposed adjacent to or crossed by a watercourse shown on Figure 3-1 of section 106.30.040 shall meet the minimum lot area exclusive of the creekside setback requirements.

(Ord. No. 2021-007, § 1, 12-9-2021)

(a) An application for an urban lot split shall not be denied solely because it proposes adjacent or connected structures provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.

(b) An application for an urban lot split may be denied 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 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. 2021-007, § 1, 12-9-2021)

An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the city attorney 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, or junior accessory dwelling units.

(Ord. No. 2021-007, § 1, 12-9-2021)

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, "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, or connected by partnership to the owner, buyer or seller (if transferred within the previous three years) of an adjacent lot.

(Ord. No. 2021-007, § 1, 12-9-2021)