Imperial County Municipal Code Ch. 13 Urban Lot Split

The purpose of this chapter is to facilitate the development of new residential housing units through the subdivision of urban single-family residential zoned parcels consistent with the Imperial County General Plan and to ensure sound standards of public health and safety. Pursuant to Government Code Section 66411.7 Urban Lot Splits are classified as municipal permits, exempt from CEQA and discretionary approval. Urban Lots Splits shall comply with all requirements of Tentative Map (Minor Subdivision) identified in Chapter 5 of this Division (Section 90805 et al) excluding the aforementioned CEQA and discretionary approval requirements.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

A written application (form provided by the Planning and Development Services Department) for an Urban Lot Split Tentative Map (Minor subdivision) shall be made to the Planning and Development Services Department. The application shall be accompanied by the applicable fees, project description, current preliminary title report with current vesting deed and supporting documentation (if needed), identification agreement and payment of fees agreement as required by this Title. The proposed Urban Lot Split Tentative map shall show how the parcels are to receive water, sewer and legal access from a County maintained road. The Urban Lot Split Tentative Map application shall comply with Chapter 5 of this Division. Additionally, Applicant shall provide a site plan showing how the proposed lots would be able to meet Section 90813.05 "Qualifying Criteria" of this chapter for up to two units per lot and not less than three units per Urban Lot Split Tentative Map.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

The Urban Lot Split shall conform to all applicable objective requirements of this Division and the Subdivision Map Act (commencing with Government Code Section 66410), expressly provided in Government Code Section 66411.7.

A. No dedications of rights-of-way or the construction of offsite improvements (GC 66411.1) may be required as a condition of approval for an Urban Lot Split, although easements may be required for the provision of public services and facilities.

B. The correction of nonconforming zoning conditions may not be required as a condition of approval.

C. Parcels created by an Urban Lot Split may be used for residential uses only and may not be used for rentals of less than thirty (30) days.

D. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

(Ord. No. 1587, §§ 1, 2, 12-5-23)

Every application submitted shall be deemed "received" on the date of submittal and shall be stamped and dated by the Department staff. The Department shall, within a maximum of thirty (30) days from receipt, determine whether an application is complete or incomplete, and determine if the subdivision is exempt from CEQA or if further environmental documentation is required. Any application deemed complete shall be reviewed, processed by staff, and scheduled for the next hearing body as applicable under this Division.

Any application deemed incomplete shall be returned to the applicant with a written letter of transmittal, explaining the reasons for the return of the application and what information is lacking or other reason for being incomplete.

A re-submittal of a rejected application shall be deemed the equivalent of a new application and all procedures and time frames shall be as a new application.

Under no conditions shall the Department accept an incomplete application and commence processing it, unless and until all necessary information and supporting documentation is provided.

Failure of an applicant to submit the correct fees shall constitute an immediate rejection without further review.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

A. A person "acting in concert with the owner," as used in Section 4(B)(8) below, 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.

B. "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.

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

D. "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 (10) percent or more of the interest in the property.

E. "Lower income household" has the meaning set forth in Health and Safety Code Section 50079.5.

F. "Moderate income household" has the meaning set forth in Health and Safety Code Section 50093.

G. "Objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

H. "Sufficient for separate conveyance," as used in Sections 4(B)(11) and 5(B)(8) below, means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

I. "Two-Unit Development" means a development that proposes no more than two new units or proposes to add one new unit to one existing unit.

J. "Urban Lot Split" means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter.

K. "Very low-income household" has the meaning set forth in Health and Safety Code Section 50105.

L. "Units" defined: Below are definitions of three types of housing units described in SB 9 and related ADU law to clarify which development scenarios are (and are not) made possible by SB 9:

1. "Primary Unit" - A primary unit (also called a residential dwelling unit or residential unit) is typically a single-family residence or a unit within a multi-family residential development, and distinct from an ADU or a Junior ADU. Examples: single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.

2. "Accessory Dwelling Unit" - An ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family or multifamily dwelling is or will be situated.

3. "Junior Accessory Dwelling Unit" - A Junior ADU is a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A Junior ADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

Within the time required by the Subdivision Map Act, the Planning and Development Services Department shall determine if the parcel map for the Urban Lot Split meets all the following requirements:

1. The Lot is zoned R-1 Low Density Residential,

2. The lot is located in an "Urban Area". To qualify as an urban area, the town/community must encompass at least five thousand (5,000) people or at least two thousand (2,000) housing units per the 2020 US Census,

3. Both resulting parcels are not smaller than one thousand two hundred (1,200) square feet,

4. Neither resulting parcels shall be smaller than forty (40) percent of the per lot split,

5. No more than two dwelling units (Primary + ADU or JADU) may be located on any lot created through an Urban Lot Split, including primary dwelling units, accessory dwelling units or junior accessory dwelling units,

6. 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 through a public entity's valid exercise of its police power.

c. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application,

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

7. Each resulting parcel shall adjoin the public right-of-way,

8. The minimum lot frontage shall be thirty (30) feet,

9. The minimum access corridor of flag lots shall be fifteen (15) feet. A wider access corridor or easement may be required where necessary to provide adequate access for fire safety equipment as determined by the Fire Marshal. The access corridor can be used by both lots for access to off-street parking,

10. Front yard setback shall be twenty (20) feet, unless the requirement would physically preclude the construction of two units of at least eight hundred (800) square feet each on lot. At no point shall the setback be less than fifteen (15) feet,

11. Required rear and side yard setbacks shall be a minimum of four feet, except that no setback shall be required for an existing legally created structure existing prior to the lot split,

12. Fire ratings for walls within five feet of a property line,

13. Units may be attached or detached,

14. Separation of six feet between detached structures on the same property,

15. Units shall not exceed three stories in height, or forty (40) feet whichever is less,

16. Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed dwelling units shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

Within the time required by the Subdivision Map Act, the Planning and Development Services Department shall determine if the parcel map does not qualify for an Urban Lot Split: The parcel being subdivided is located on a site that is any of the following:

A. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and State of California,

B. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

C. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection,

D. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control,

E. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist,

F. Within 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,

G. Within a regulatory floodway as determined by the Federal Emergency Management,

H. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act,

I. Habitat for protected species identified as 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,

J. Lands under conservation easement,

K. The parcel is located within a historic district or property included on the State Historic Resources Inventory,

L. The parcel being subdivided was created by an Urban Lot Split as provided in this chapter,

M. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split as provided in this chapter.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

In addition to the criteria listed in this chapter, a proposed Urban Lot Split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

The applicant for an Urban Lot Split shall sign an affidavit, in the form approved by the County Counsel, stating 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 subsection 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.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

Prior to the approval and recordation of the Urban Lot Split-Parcel Map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the County Counsel, which shall run with the land and provide for the following:

A. A prohibition against further subdivision of the parcel using the Urban Lot Split procedures as provided for in this chapter;

B. A limitation restricting the property to residential uses only; and

C. A requirement that any dwelling units on the property may be rented or leased only for a period longer than thirty (30) days.

The Planning Director is authorized to enter into the covenant and agreement on behalf of the County and to deliver any approvals or consents required by the covenant.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

One parking space shall be required per unit constructed on a parcel created pursuant to the procedures in this chapter, except that no parking may be required where;

A. The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

B. There is a designated parking area for one or more car-share vehicles within one block of the parcel.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

If an applicant includes improvements to the public right-of-way in its Urban Lot Split application, an encroachment permit is required from the County and the improvements must meet objective County standards.

(Ord. No. 1587, §§ 1, 2, 12-5-23)

County Counsel shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the County from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 1587, §§ 1, 2, 12-5-23)