Cypress Municipal Code Art. XI Urban Lot Splits

The purpose of this article is to establish procedures and standards for urban lot splits in accordance with the requirements of Government Code section 66411.7. Where this section is in conflict with any other provision of chapter 25, this article shall govern.

(Ord. No. 1198, § 4, 9-26-22)

(a) Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or as a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a "community land trust," as defined in Revenue and Taxation Code section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code section 214.15.

(b) The applicant for an urban lot split shall submit an application on a city-approved application form and shall simultaneously file a tentative parcel map in accordance with section 25-16.

(c) The tentative parcel map shall be examined by the director of public works and planning director for its correctness in compliance with city ordinances and policies.

(d) Following this examination, the director of public works shall approve, conditionally approve, or deny approval of the tentative parcel map. The director of public work's consideration of the tentative parcel map shall be ministerial, without discretionary review or a hearing. The tentative parcel map shall be approved if the director of public works finds that the map complies with the Subdivision Map Act, the requirements of this article, and other requirements of this code applicable to tentative parcel maps that are not inconsistent with this article.

(e) Notwithstanding subsection (d), the director of public works may deny an application for an urban lot split if the building official, or designee, makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined in Government Code section 65589.5(d)(2), 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) Following approval of a tentative parcel map, the applicant shall submit a final map for review in accordance with section 25-21.

(g) The director of public works shall approve the final map if it is in compliance with the Subdivision Map Act, this chapter, and other applicable provisions of this code, and the conditions of approval of the tentative parcel map have been met. The director of public works shall, at the time of his or her action on the final map, accept or reject any and all offers of dedication and other easements.

(h) The appeal process for the decision of the director of public works shall be as described in section 25-19(b).

(i) Upon the approval of the final map, the final map shall be recorded in accordance with section 25-21.

(Ord. No. 1198, § 4, 9-26-22)

The parcel that is proposed for subdivision through an urban lot split:

(a) Shall be located in an RS-15000, RS-6000, or RS-5000 zoning district;

(b) Shall have at least one residential dwelling unit located on it on the date that the urban lot split is approved, unless the parcel is owned by a "community land trust," as defined in Revenue and Taxation Code section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code section 214.15;

(c) Shall only have residential uses located on it on the date the urban lot split is approved;

(d) Shall be located on a parcel that meets all the requirements of subsections (a)(6)(B) through (a)(6)(K), inclusive, of Government Code section 65913.4;

(e) Shall not be located within a historic district or on 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 or county landmark or historic property or district pursuant to a city or county ordinance;

(f) Shall not have been created through a previous urban lot split; and

(g) Shall not be adjacent to a parcel that was previously subdivided through an urban lot split by the owner of the parcel on which the urban lot split is proposed or any person acting in concert with the owner.

(Ord. No. 1198, § 4, 9-26-22)

(a) An urban lot split shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area, provided that:

(1) Neither resulting parcel shall be smaller than 40% of the lot area of the original parcel proposed for subdivision;

(2) Neither resulting parcel shall be smaller than 1,200 square feet;

(3) Each resulting parcel shall include at least 40% of the street frontage of the original parcel proposed for subdivision; and

(4) Flag lots are not permitted.

(b) An urban lot split shall not result in the creation of a parcel with more than two existing units, as defined in section 25-82.

(c) Proposed urban lot splits:

(1) Shall not require or allow the 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 through a public entity's valid exercise of its police power; or

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

(2) Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under the Ellis Act (Government Code sections 7060 through 7060.7) to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

(d) As a condition of approval for an urban lot split, the owner of the parcel being split shall sign an affidavit, in a form approved by the city attorney, stating that:

(1) The proposed urban lot split will not violate the requirements of subsection (c);

(2) Neither the owner, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split; and

(3) The owner intends to occupy a residential dwelling unit on one of the parcels created by the urban lot split as their primary residence for a minimum of three years from the date of the approval of the urban lot split. This subsection (d)(3) shall not apply if the owner of the parcel is a "community land trust," as defined in Revenue and Taxation Code section 402.1(a)(11)(C)(ii), or a "qualified nonprofit corporation" as described in Revenue and Taxation Code section 214.15.

(e) As a condition of approval of an urban lot split, the owner shall dedicate all easements over the resulting parcels required for the provision of public services and facilities, as determined by the director of public works.

(f) Each parcel resulting from an urban lot split shall have access to or adjoin the public right-of-way.

(g) The city shall not require as a condition of approval of an urban lot split:

(1) Dedications of rights-of-way or the construction of offsite improvements; or

(2) The correction of non-conforming zoning conditions existing on the parcel that will be divided.

(h) An urban lot split:

(1) Shall conform with all the requirements of the Subdivision Map Act; and

(2) Shall conform with all the requirements applicable to parcel maps under this chapter, except for those requirements that conflict with the requirements of this article, in which case the provisions of this article shall control.

(i) Each lot created by an urban lot split shall be self-sufficient with regard to drainage of water off of the parcel and shall have a separate connection to the main line for all utilities, including, but not limited to, water, electric, gas, sewer, and telecommunications.

(Ord. No. 1198, § 4, 9-26-22)

(a) Parcels created by an urban lot split shall only be used for residential uses, notwithstanding the fact that other uses may be permitted in the zoning district in which the parcels are located.

(b) Residential units constructed on parcels created by an urban lot split shall not be rented for a term of less than 31 consecutive days.

(c) A parcel created through an urban lot split may not be further subdivided by a subsequent urban lot split.

(d) Separate conveyance of the lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibilities between the owners of the two lots.

(Ord. No. 1198, § 4, 9-26-22)

Notwithstanding any other provision of this code, no more than two units are permitted on any parcel created by an urban lot split. For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit or units created pursuant to section 3.17.260 of Appendix I (Sec-ond primary units and duplexes in single-family zones), an accessory dwelling unit, or a junior accessory dwelling unit.

(Ord. No. 1198, § 4, 9-26-22)

As a condition of approval of an urban lot split, the owner of the parcel to be divided shall execute a deed restriction, in a form approved by the city attorney, which shall be recorded on each of the resulting parcels, at the property owner's cost, and shall limit the use of each parcel in accordance with the standards of this article. Violation of the deed restriction shall be considered a violation of this code and may be enforced in a manner that this code may be enforced.

(Ord. No. 1198, § 4, 9-26-22)