Chapter 19.88 — URBAN LOT SPLITS

A.

Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in single-family residential zones in accordance with Government Code Section 66411.7.

B.

Definitions.

Acting in Concert means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

Adjacent parcel means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street, or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

Car share vehicle means a motor vehicle that is operated as part of a regional fleet by a private or public car sharing company or organization and provides hourly or daily service.

Common ownership or control means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

Unit means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this Code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).

C.

Application, review process, standard for denial.

1.

An application for an urban lot split must be submitted on the City's approved form and include all items required as part of the application submittal package.

2.

The owner shall sign an affidavit, in the form approved by the City Attorney, stating that the proposed urban lot split would not require demolition or alteration of any of the following types of housing listed in Subsections E.6.a—E.6.d.

a.

The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

3.

The owner and applicant shall sign an affidavit, in the form approved by the City Attorney, stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an urban lot split.

4.

Only a complete application will be considered. The City will inform the applicant within 30 days after submittal whether the application is complete. If the City does not respond within 30 days after submittal, the application is deemed incomplete.

5.

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application. An application submitted without the established fee is deemed incomplete.

6.

An application for an urban lot split shall be considered ministerially, without discretionary review or hearing, pursuant to Table 5-1 (Subdivision Review Authorities) listed in Chapter 19.70.

7.

Ministerial approval of both a tentative and final parcel map are required for an urban lot split. Ministerial approval of a final parcel map means that all required documents have been recorded and proof of recordation is provided to the City.

8.

Notwithstanding Subsection C.7., the City 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 of Government Code Section 65411.7(d), 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.

D.

Accessory dwelling unit ineligibility. Parcels containing both a duplex development and subject to an urban lot split as those terms both defined in Article 9 shall not contain an accessory dwelling unit or junior accessory dwelling unit under Section 19.60.160 of this Code. Operation of an accessory dwelling unit or junior accessory dwelling unit in violation of this subsection shall be a violation of this Section and grounds for enforcement pursuant to Subsection L.

E.

Applicability. A proposed urban lot split must satisfy each of the following:

1.

Zoning. Located within a single-family zoning district.

2.

Lot location. Located on a parcel that meets all requirements of subsections(a)(6)(B) through (A)(6)(K), inclusive, of Government Code Section 65913.4, as may be amended from time to time.

3.

No prior urban lot split.

a.

The lot to be split was not established through a prior urban lot split.

b.

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

4.

Subdivision Map Act compliance.

a.

The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code Section 66410 et seq., "SMA") and applicable sections of Article 5 (Subdivisions) of this Code, except as otherwise expressly provided in this section.

b.

Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

5.

Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.

6.

No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households 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.

c.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060- 7060.7) at any time in the 15 years prior to submission of the urban lot split application.

d.

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

7.

Demolition.

a.

Not more than 25 percent of the existing exterior structure walls of an existing dwelling on the parcel may be demolished unless the site has not been occupied by a tenant in the last three years.

b.

If approved by the Community Development Director, any duplex project that involves an existing dwelling unit proposed for demolition of more than 25 percent of the existing exterior structure walls of an existing dwelling on the parcel must comply with the replacement provisions of Government Code Section 66300(d).

F.

Development standards.

1.

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

a.

Parcels resulting from the urban lot split must be no less than 40 percent the size of the original parcel;

b.

Neither resulting parcel shall be smaller than 1,200 square feet; and

c.

No flag lots shall be created as a result of the lot split if the existing parcel is adjacent to an alley, is a corner lot or through lot.

2.

General development standards.

a.

Front lot lines shall conform to the minimum public street frontage requirements of this Development Code.

b.

Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum parcel sizes described in Subsection E.1. Lot depth shall be measured at the midpoint of the front lot line. Lot width shall be measured by a line connecting two points on opposite interior lot lines that will result in a line parallel to the front lot line.

c.

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

d.

Lot lines facing a street shall generally be parallel to the street.

e.

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.

f.

Lot lines shall be contiguous with existing zoning boundaries.

g.

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 this Development Code.

h.

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.

3.

Flag lot development standards. The following regulations apply only to an urban lot split, as defined by this chapter, when up to one flag lot is to be developed with a duplex development.

a.

Each flag lot shall be designed to provide a "pole" that functions primarily as an accessway from the street to the main body ("flag" portion) of the lot. The pole portion shall be deemed to end, and the flag portion of the lot shall be deemed to commence, at the extension of the newly created front property line of the urban lot split. See Figure 5-1.

b.

Any parking and access, as required or otherwise proposed, for an urban lot split lot shall be accessed via an alley, if there is an alley.

c.

Twenty feet of street frontage (pole width) shall be maintained throughout the length of the pole.

d.

Driveways.

i.

Only one driveway accessing a street shall be allowed per parcel.

ii.

Driveways shall be no narrower than 10 feet and no wider than 14 feet.

iii.

The remaining pole width which is not used for a driveway shall be landscaped and irrigated with planting material and/or hardscape, and permanently maintained, in compliance with Chapter 19.40 of the City's Development Code.

iv.

All driveways shall be clear and unobstructed for a height of 12 feet above ground.

v.

All driveways for private automobile storage spaces and the actual spaces shall be paved with Portland cement concrete or approved equivalent at least three inches thick.

e.

Walls. The use of decorative block walls are required, as permitted by Chapter 19.36 of the City's Development Code.

f.

All flag lots proposed in this chapter shall comply with all requirements of the Fire Department, the Public Works Division, and the Building Division.

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4.

Easements. The owner shall dedicate all easements over the resulting parcels required for the provision of utilities, and public services and facilities, as determined by the City Engineer.

5.

Configuration.

a.

Proposed adjacent or connected units shall be permitted if they meet building code standards, are designed to allow separate conveyance, and comply with the development standards of the underlying zoning district or additional standards prescribed in this section, as applicable.

b.

Required parking for an urban lot split lot shall be accessed via an alley, if there is an alley.

Quantity.

a.

Notwithstanding any provision of Government Code Sections 65852.2, 65852.21, 65852.22, 65915, or 66411.7, no more than two units can occupy a parcel created through an urban lot split. In addition, parcels containing both a duplex as that term is defined in Section 19.010.035 and subject to or created by an urban lot split as that term is defined in this Section shall be ineligible for an accessory dwelling unit or junior accessory dwelling unit permit under Section 19.60.160.

7.

Unit size.

a.

The total floor area of each unit built that is developed under this section must be no greater than 800 square feet, exclusive of any enclosed garage space.

b.

A unit that was legally established on the lot prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time the application for the urban lot split is submitted, provided that the unit may not thereafter be expanded.

c.

A unit that was legally established prior to the submission of the urban lot split application and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split occurs.

8.

Lot coverage. The City's existing lot coverage standards for the single-family residential zones shall apply to projects subject to this Chapter.

9.

Setbacks. The City's existing setback standards for its r-1 single-family residential zone shall apply to projects subject to this chapter.

a.

Side and rear. Units on urban lot split parcels shall be setback at least four feet from the side and rear property lines.

b.

Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

c.

Building separation. A minimum separation of 10 feet, measured from wall to wall, shall be required between detached units located on the same site.

d.

Projections into setbacks. See Chapter 19.32.

10.

Height.

a.

Any new units built shall be one-story and no taller than 16 feet to the highest ridgeline, and no taller than ten feet to the top plate.

b.

Heights above 16 feet are allowed for existing or proposed dwelling units with a garage, in which the firstfloor garage is maintained as off-street parking for two or more vehicles and the second-floor dwelling unit is equal to or less than the footprint of the first-floor garage itself. The garage must be accessible from a paved driveway that connects to a street or alley.

11.

Foundations. A permanent foundation shall be required for all new units.

12.

Landscaping. The City's existing landscape, irrigation, and hardscape standards for the single-family residential zones shall apply to projects subject to this chapter as required by Chapters 19.40.

13.

Accessible roof areas. For all units subject to the section: Accessible decks, patios, balconies, and similar private open spaces above the top plate of any dwelling unit are prohibited.

14.

Lighting. Exterior lighting shall be shielded or directed downwards.

15.

Parking.

a.

Existing off-street garage parking and driveway must be maintained as part of an urban lot split project.

b.

Required parking shall be one off-street parking space within an enclosed garage per each dwelling unit, unless one of the following applies:

i.

The parcel is within one-half mile walking distance of a high-quality transit corridor or a major transit stop, as defined in California Public Resources Code Sections 21155 or 21064.3..

ii.

The parcel is located within one block of a car-share vehicle location, as defined in this section.

c.

Any parking and access, as required or otherwise proposed, for units on an urban lot split parcel shall be accessed via an alley, if there is an alley.

16.

Pedestrian access. Access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each dwelling unit to the adjoining sidewalk, street, or alley.

G.

Other standards. All other applicable standards of this Code shall apply to the extent these standards do not conflict with this section of State law, in addition to the following:

1.

Design standards. Units and any other accessory structures shall comply with applicable objective design standards, as further described in Section 19.44.010.

2.

Utilities. Each unit on an urban lot split parcel must have its own direct utility connection to the utility service provider.

3.

Onsite wastewater treatment system. For units connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years, and compliance with Chapter 6.13 of the Duarte Municipal Code, which implements the County of Los Angeles Local Agency Management Program (Ordinance No. 2018-0037).

H.

Standards precluding development. If an applicant submits plans showing that any of the objective standards which otherwise apply to urban lot split applications would have the effect of physically precluding the construction of up to two units or would physically preclude either of the two units from

being at least 800 square feet in floor area, the Community Development Director shall permit the minimum deviation of the objective standards shown to physically preclude the construction of up to two units or physically preclude either of the two units from being at least 800 square feet in floor area necessary to physically permit the urban lot split project.

I.

Regulation of uses.

1.

Residential only. No non-residential use is permitted on the lot.

2.

Short-term rentals. No unit on the lot may be rented for a period of less than 30 days.

J.

Separate conveyance.

1.

Within a resulting lot.

a.

Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

b.

Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

c.

All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

2.

Between resulting lots. Separate conveyance of the resulting lots 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 covenants, conditions, and restrictions ("CC&Rs"), easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

K.

Restrictive covenant. Prior to the approval and recordation of the parcel map, the applicant shall sign and record a restrictive covenant in the form prescribed by the City Attorney, which shall run with the land and provide for the following:

1.

A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section.

2.

A prohibition on non-residential uses of any units developed or constructed on either resulting parcel.

3.

A prohibition against renting or leasing the units for fewer than 30 consecutive calendar days.

4.

All required parking shall be maintained, and useable for the parking of motor vehicle(s).

5.

A statement that the applicant intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the urban lot split. This paragraph shall not apply to an applicant that is a "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 is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

L.

Remedies. If an urban lot split violates any part of this Code or any other legal requirement:

1.

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2.

The City may:

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.

d.

Record a notice of violation.

e.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's Code.

(Ord. No. 907, § 3, 3-8-2022)