Irvine Municipal Code Ch. 3-43 Urban Lot Splits

The purpose of this chapter is to allow and regulate urban lot splits as provided by Government Code Section 66411.7.

(Ord. No. 22-10, § 3, 6-14-22)

The following terms used in this chapter shall have the meanings indicated below:

"City" means the City of Irvine, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

"Urban lot split" means a subdivision of an existing legal parcel in a single-family residential zone to create no more than two new parcels of approximately equal lot area, subject to the requirements of this section.

For the purposes of this chapter, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.

(Ord. No. 22-10, § 3, 6-14-22)

A. Permits. All urban lot splits require an urban lot split permit. Where applicable, the applicant shall also obtain a building permit as set forth in Title 5 of the Irvine Municipal Code, in addition to any and all other permits required by the Irvine Municipal Code and Zoning Ordinance.

B. Application processing. An application for an urban lot split permit shall be made on forms provided by the City's Community Development Department, and be submitted with any applicable fees, including, but not limited to the appropriate development impact fees, charges, and in-lieu fees, such as a park in-lieu fee pursuant to Irvine Municipal Code Section 5-5-1004. The application shall include all information needed to determine compliance with this chapter, including but not limited to a parcel map for an urban lot split prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444—66450 and this chapter. The application fee shall be established by resolution of the City Council.

C. Notice to adjacent property owners.

1. Applicants for an urban lot split permit shall provide written notice to all the owners of record of each adjacent residential parcel prior to or concurrently with submission of an application for an urban lot split permit to the City.

2. For purposes of this paragraph, "adjacent residential parcel" shall mean means parcels that share at least one common boundary. Parcels which are separated only by a public or private road or right-of-way shall be considered to be adjacent.

3. Such written notice shall indicate that the applicant is applying for an urban lot split permit, and the contact information for the City's Community Development Department.

4. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

D. Application review.

1. The Community Development Director or his/her designee and the City Engineer or his/her designee will review and approve complete applications for urban lot split permits for compliance with the requirements of this chapter, the underlying applicable development standards in the zoning district in which it is located, as well as any applicable overlay district. The urban lot split permit application shall be considered ministerially without any discretionary review or a public hearing.

2. The City may deny an urban lot split permit application if it fails to comply with the requirements of this chapter, the underlying applicable development standards in the zoning district in which it is located, as well as any applicable overlay district. In addition to the foregoing, the Community Development Director or his/her designee may deny a urban lot split permit application if he/she 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 and determined in Subdivision (d) of Section 65411.7 of the Government Code, 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. Notwithstanding the foregoing, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

3. Except as otherwise provided in this chapter, the construction of an urban lot split shall be subject to any applicable fees adopted pursuant to Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). This includes, but is not limited to, fees for the impact on schools, parks, and/or City services.

(Ord. No. 22-10, § 3, 6-14-22)

The development standards set forth below shall apply to all urban lot splits, or any development standard not explicitly identified below, the objective requirements of the underlying zoning district shall apply, unless superseded by state law.

A. Location and zoning requirements. Urban lot split shall only be allowed in the City's 2.1 Estate Density Residential and 2.2 Low-Density Residential zones, in accordance with the permit and development standards described in this section, subject to the exceptions set forth below:

1. Subdivision Map Act. Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)).

2. Farmland. Pursuant to Government Code Sections 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be allowed upon either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

3. Wetlands. Pursuant to Government Code Sections 66411.7(a)(2)(c) and 65913.4(a)(6), urban lot splits shall not be allowed upon lands that are considered wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

4. Fire zones. Pursuant to Government Code Sections 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be allowed upon lands located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

5. Hazardous waste site. Pursuant to Government Code Sections 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be located upon a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

6. Earthquake zone. Pursuant to Government Code Sections 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be located on lands 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 (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

7. Floodplain areas. Pursuant to Government Code Sections 66411.7(a)(2)(c) and 65913.4(a)(6), urban lot splits shall not be located 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 Agency in any official maps published by the Federal Emergency Management Agency. Notwithstanding the foregoing, a urban lot split may be permitted on a site described in this subparagraph if either of the following are met: (i) 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 (ii) 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, and complies with the City's regulations related to its City's Flood Plain Overlay Districts.

8. Regulatory Floodways. Pursuant to Government Code Sections 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be 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 applicant has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations, and complies with the City's regulations related to its City's Flood Plain Overlay Districts.

9. Conservation lands. Pursuant to Government Code Sections 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be located upon lands identified for conservation in an adopted natural 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.), other adopted natural resource protection plan, or that is otherwise subject to a conservation easement.

10. Protected habitat. Pursuant to Government Code Sections 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be located upon 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 (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).

11. Existing non-conforming structure or use. Pursuant to Section 3-19-3 of this zoning ordinance, no unit shall be constructed on any lot which has an existing development constructed upon it, which is non-conforming with respect to the City's current use or development standards unless the proposed unit complies with the current applicable land use regulations of this zoning ordinance. The City will not require correction of nonconforming zoning conditions as a condition for ministerial approval.

12. Historic district or property. No urban lot split shall be located within a historic district or upon property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, 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.

B. Restrictions related to existing affordable housing and rentals. Except as provided herein, an urban lot split shall not require demolition or any alteration of any of the following types of housing:

1. Existing housing upon the lot which the urban lot split is proposed 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. Existing housing upon the lot which the urban lot split is proposed that is subject to any form of rent or price control through the City's valid exercise of its police power.

3. Existing housing upon the lot which the urban lot split is proposed that has been occupied by a tenant in the last three years.

4. An urban lot split shall not be located upon a parcel 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 15 years before the date that the applicant applies for the urban lot split.

C. Rental and occupancy of units. All dwelling units constructed upon parcel(s) subject to or created by an urban lot split shall not be rented for less than 30 days. In addition, the applicant shall occupy one of the dwelling units created by the urban lot split for a period of three years from the date of approval of an urban lot split permit as their primary residence.

D. Owner occupancy affidavit. As required by Government Code Section 66411.7(g), an applicant for an urban lot split shall sign 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.

E. Deed restriction. A deed restriction prepared by the City shall be recorded on the subject propert(ies) prior to issuance of the urban lot split permit stating that (1) any dwelling constructed upon property subject to the urban lot split shall not be rented for less than 30 days, (2) the applicant shall occupy one of the dwelling units constructed upon a parcel created by an urban lot split for a period of three years from the date of recording of the parcel map for the urban lot split as his or her primary residence; (3) the parcel was created by an urban lot split pursuant to SB 9 and is not subject to further subdivision; (4) all units on the parcel not occupied by the owner of the parcel shall be rented as affordable housing to people of very low, low, or median income as those terms are defined in Chapter 2-3 of the Irvine Zoning Ordinance, and (5) the deed restriction runs with the land and each provision therein may be enforced against future owners of the property.

F. Parcel size. The parcel map submitted as part of an urban lot split application shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area. In addition to the foregoing, each of the newly created parcels shall be no smaller than 1,200 square feet. Neither of the parcels created through an Urban Lot Split shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

G. Lot lines. Lot lines shall be depicted on the parcel map submitted as part of an urban lot split application and prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444—66450. Lot lines shall include a reference basis, distance measurement, and bearings. The location and orientation of new lot lines shall meet all of the following standards:

1. Front lot lines shall conform to the minimum public street frontage requirements of this zoning ordinance.

2. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum parcel sizes described in paragraph F. of this section. 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.

3. 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.

4. Lot lines facing a street or right-of-way shall be parallel to the street or right-of-way.

5. Interior lot lines not facing the street shall be at right angles perpendicular to the street or right-of-way on straight streets or rights-of-way, or radial to the street or right-of-way on curved streets or rights-of-way.

6. Lot lines shall be contiguous with existing zoning boundaries.

7. 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 zoning ordinance.

8. Lot lines shall not render an existing structure as nonconforming in any respect (e.g., setbacks, open yard, site coverage, parking), nor increase, expand, enlarge, or intensify the nonconformity of an existing nonconforming structure.

9. Except as otherwise provided in this chapter, zero lot lines shall not be permitted. For the purposes of this section, a "zero lot line" exists when a structure abuts the edge of the property line on any side of the parcel.

H. No prior urban lot splits for parcel or applicant. To be eligible for an urban lot split, the parcel that is the subject of the application shall not have been established through prior exercise of an urban lot split as provided for in Government Code Section 66411.7, which this section implements. In addition to the foregoing, neither the owner of the parcel being subdivided nor any person acting in concert with the owner may have previously subdivided an adjacent parcel using an urban lot split as provided for in this section.

I. Required setbacks.

1. All dwelling units constructed upon parcel(s) subject to or created by an urban lot split shall strictly comply with at least a four-foot side setback and at least a four-foot rear yard setback.

2. All dwelling units constructed upon parcel(s) subject to or created by an urban lot split must also strictly comply with the front yard setback requirement of the underlying zoning district in which it is located. For the purposes of this chapter, the front yard property line is defined as the narrowest property line of a lot abutting public or private street. If two or more equal property lines are the narrowest, the front shall be that property line across from which the development takes its primary access (if the primary access is determined to be equal, there shall be two front property lines).

3. No portion of a dwelling constructed upon property that is subject to an urban lot split, including but not limited to HVAC equipment, staircases, and patio covers, shall project into the required rear, side, or front yard setback.

4. No setback requirement shall be required for a legally existing structure located upon a parcel subject to or created by an urban lot split. However, the existing structure must comply with all of the other requirements of this section, including the size, height, building separation, parking, and permitting requirements set forth herein.

5. In no event shall a unit on a parcel subject to an urban lot split encroach into the "limited use area" as that term is defined in City of Irvine Standard Plan 403, contained within Section 100 of the City of Irvine design manual.

6. To the extent that another permit, approval, or easement, including a public utilities easement, applicable to the parcel requires a setback greater than those provided in this section, units on the affected urban lot split parcel shall comply with those setback requirements.

J. Maximum height/stories. All dwelling units constructed upon parcel(s) subject to or created by an urban lot split shall be subject to a height limitation of 16 feet and shall be limited to one story.

K. Building separation requirements. All dwelling units constructed upon parcel(s) subject to or created by an urban lot split shall comply with the City's applicable building separation requirements consistent with the underlying residential zoning district.

L. Size requirements. For all dwelling units constructed upon parcel(s) subject to or created by an urban lot split, the total floor area shall not exceed 800 square feet and one bedroom.

M. Addresses. Each unit shall have a separate address and shall be provided with approved address identification and wayfinding signage that is visible from the street fronting the lot in accordance with Section R319 of the California Residential Code and the City of Irvine Security Code. Where the unit address on the building cannot be viewed from the street fronting the lot, a monument, pole, or other means consistent with applicable objective City standards shall be used to identify the unit. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.

N. Services and utilities.

1. Each unit shall maintain separate and independent public services and utilities, including separate utility connections and meters. All electric utility connections shall be underground.

2. The owner of a parcel subject to a proposed urban lot split must enter into an easement agreement ("easement agreement") with each public service and utility provider to establish easements that are sufficient for the provision of public services, utilities, and facilities to each of the units on each of the resulting lots.

3. Each easement must be shown on the tentative parcel map submitted to the City as part of the urban lot split permit application.

4. Copies of the unrecorded easement agreements, or an easement deed showing the easements required by this section must be submitted with the urban lot split permit application. The easement agreements must be recorded before the final map for a proposed urban lot split may be approved.

5. If an easement is recorded and the proposed urban lot split is not approved or otherwise completed, making the easement moot, the parcel owner may request, and the city will provide, a notice of termination of the easement, which the parcel owner may record.

6. For any public service or utility for which the provider does not require an easement to provide such service or utility, the applicant shall submit as part of an application for an urban lot split permit a written attestation from each public service and utility serving each unit on each parcel proposed to result from such urban lot split. The attestation shall be signed by a representative of such public service or utility and shall certify that (1) the public service or utility agrees to serve the unit and (2) the public service or utility's network can adequately serve the unit.

O. Existing public utilities easements. The application for the proposed urban lot split shall include an attestation from the holders of any public utilities easements affecting the underlying parcel. The attestation shall authorize the proposed urban lot split under the terms of the public utilities easement. The attestation required by this subsection is not required if there are no public utilities easements on the underlying parcel subject to a proposed urban lot split.

P. Landscaping. All landscaping for urban lot split parcels shall comply with the applicable landscaping Standards in Chapter 3-15 of this zoning ordinance.

Q. Solid waste, storage. Each unit shall maintain separate and independent solid waste collection bins in compliance with the City's requirements for detached single-family residential units contained in the Irvine Municipal Code and Zoning Ordinance, including but not limited to Irvine Municipal Code Title 6, Division 7. Solid waste collection bins must be stored in a manner screened from view from all adjacent streets. A service attestation for solid waste collection, as that term is defined in Subsection N above must be submitted with an urban lot split permit application.

R. Frontage, driveway, access. Each urban lot split parcel must have vehicle access to the public right-of-way. All lots shall have a minimum street frontage of ten feet to provide for vehicular access, or 16-foot frontage if the driveway serves two units. To avoid encroachment onto the public right-of-way, no vehicles shall be parked on the ten- or 16-foot frontage required herein. For a lot without physical street frontage, access to street frontage shall be provided by the granting of a duly recorded permanent easement for ingress and egress purposes in favor of the lot without physical street frontage.

S. Additional Requirements.

1. All dwelling units constructed upon parcel(s) subject to or created by an urban lot split shall be constructed upon a permanent foundation.

2. The proposed urban lot split shall conform to all applicable objective requirements of the Irvine Zoning Ordinance, the City of Irvine Subdivision Manual, and the Subdivision Map Act (Division 2 of the Government Code (commencing with Section 66410)), except as otherwise expressly provided in this section.

3. If an applicant is required, as a result of a proposed urban lot split, to make any modifications a parcel, including but not limited to utility connections, driveway additions or modifications, or accessibility upgrades, such cost shall be borne solely by the applicant. However, notwithstanding Government Code Section 66411.1, the City shall not require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split.

4. All dwelling units constructed upon parcel(s) subject to or created by an urban lot split shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, including but not limited to washer dryer hookups and kitchen facilities.

5. All dwelling units constructed upon parcel(s) subject to or created by an urban lot split unit shall be connected to the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.

6. No building permit for development on an urban lot split lot shall be issued until the parcel map for the urban lot split is recorded.

7. Notwithstanding any provision of Government Code Sections 65852.2, 65852.21, 65852.22, 65915, or 66411.7, no more than two dwelling units can occupy a parcel created through an urban lot split. In addition, parcels containing both a single-family residential duplex as that term is defined in Chapter 3-42 and subject to or created by an urban lot split shall be ineligible for an accessory dwelling unit or junior accessory dwelling unit permit under Chapter 3-26. Operation of an accessory dwelling unit or junior accessory dwelling unit in violation of this section shall be a violation of this chapter and grounds for enforcement pursuant to Section 3-43-6 (Enforcement and Remedies). The City will not permit a proposed urban lot split which would result in a single-family residential duplex, and an accessory dwelling unit or junior accessory dwelling unit on the same urban lot split parcel, or which would result in more than two units on the same urban lot split parcel. This section shall not prohibit an applicant from converting an existing single-family residence, accessory dwelling unit, or junior accessory dwelling unit into a single-family residential duplex in compliance with Chapter 42 of this zoning ordinance.

8. All dwelling units constructed upon parcel(s) subject to or created by an urban lot split must meet the applicable requirements of all applicable Codes, including but not limited to the California Building Code and the California Fire Code, as such codes have been adopted and amended by Title 5 of the City of Irvine Municipal Code.

9. Each unit which is attached to or detached from an existing or proposed dwelling shall have the same design, materials, finishes, dominant roof pitch, and colors as the attached dwelling and shall be in accordance with code standards and design guidelines for the zoning district in which the lot sits, he "dominant roof pitch" is the roof slope shared by the largest portion of the roof.

10. Any proposed detached units on the same lot shall be compatible in exterior appearance with an existing unit in terms of design, materials, finishes, dominant roof pitch, and colors within the same property on which it is proposed to be constructed, in accordance with applicable code standards and design guidelines for the zoning district in which the lot sits. The "dominant roof pitch" is the roof slope shared by the largest portion of the roof.

11. All exterior lighting on units shall be limited to down-lights. "Down-lights" are light fittings which light in a downward direction to light an area below.

12. No window or door of a unit that is constructed on an urban lot split parcel shall have a direct line of sight to a window or door of a structure on an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

13. A residential rooftop solar energy system shall be required for all units upon parcel(s) subject to or created by an urban lot split and shall comply with applicable requirements of adopted building codes.

14. No roof decks or balconies shall be constructed above or upon any dwelling units constructed upon parcel(s) subject to or created by an urban lot split.

15. In the event that the property upon which the urban lot split is proposed is located within a homeowners' association ("HOA"), the applicant shall submit to the City written evidence of the HOA's approval of the urban lot split prior to submitting an urban lot split permit application.

16. All units on urban lot split lots which are not inhabited as the primary residence of the owner of said parcel shall be rented as affordable housing to people of very low, low, or median income, as those terms are defined in Chapter 2-3 of this zoning ordinance. All units on urban lot split lots shall comply with Section 11B-233.3 of the California Building Code.

T. Parking requirements. Except as provided in this section, all dwelling units constructed upon parcel(s) subject to or created by an urban lot split shall meet the following parking standards:

1. At least one off-street garage parking space shall be provided per unit. The off-street garage parking space shall be equipped with an electric vehicle charging station complying with applicable requirements of adopted building codes.

2. Parking spaces shall comply with Zoning Ordinance Division 4, except as may be permitted in this section, and be provided on the same lot as the dwelling.

3. The foregoing parking standards shall not be imposed on a dwelling constructed upon property subject to an urban lot split in the following circumstances:

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

b. There is a car share vehicle located within one block of the parcel.

U. Associated permits. If an application for a urban lot split triggers the requirement for a discretionary or ministerial permit other than a urban lot split and/or a building permit (including but not limited to a conditional use permit), those associated permits must be applied for and obtained prior to application for an urban lot split permit. The process for obtaining the associated permit(s) shall be as set forth in the Irvine Zoning Ordinance.

V. 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 on each parcel or would physically preclude either of the two units from being at least 800 square feet in floor area, the City Engineer or his/her designee shall ministerially permit the minimum deviation of the objective standards shown to physically preclude the construction of up to two units on each parcel or physically preclude either of the two units from being at least 800 square feet in floor area necessary to physically allow the Urban Lot Split project. In no event shall the minimum rear and side setback requirements contained in this chapter be waived or modified pursuant to this paragraph.

(Ord. No. 22-10, § 3, 6-14-22)

A. Application. If a proposed urban lot split is located on a lot subject to recorded covenants, conditions, and restrictions ("CC&Rs"), such CC&Rs may prohibit the urban lot split on applicable lots and may impose restrictions in addition to those contained in this chapter which shall apply to the affected lot. The term "CC&Rs" refers to both the CC&Rs of a homeowners' association to which the lot is subject, and to private CC&Rs recorded against a lot. Nothing in this chapter shall be construed to prevent CC&Rs or a homeowners' association from prohibiting, restricting, or otherwise imposing rules on urban lot splits.

B. Permit requirements. An applicant for an urban lot split on a lot subject to CC&Rs shall submit with his or her urban lot split application a certified copy of said CC&Rs. In addition, an applicant for an urban lot split on a lot subject to a homeowners' association shall submit a confirmation in writing, signed by the president or equivalent on behalf of the homeowners' association, that the homeowners' association has permitted the applicant to apply for an urban lot split.

C. Denial. In addition to the reasons for denial articulated in this chapter, the City may deny an urban lot split application if the CC&Rs recorded against the lot prohibit the construction of the proposed urban lot split. In addition, the City may deny an urban lot split application if the homeowners' association with authority over the subject lot prohibits the proposed urban lot split, or the applicant fails to submit the writing required by subsection B. immediately above.

(Ord. No. 22-10, § 3, 6-14-22)

A. Criminal fines and penalties. Any person responsible for violating any provision of this chapter is guilty of a misdemeanor at the discretion of the City Attorney and/or district attorney. Upon conviction, the person shall be punished as prescribed in Division 13 of Title 4 of the Irvine Municipal Code.

B. Administrative fines and penalties. Whenever an officer charged with the enforcement of any provision of this zoning ordinance determines that a violation of this chapter has occurred, the officer shall have the authority to issue an administrative citation to any person responsible for the violation in accordance with Division 13 of Title 4 of the Irvine Municipal Code.

C. Public nuisance and lien on property. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure Section 731 or any other remedy available at law. In accordance with Division 11 of Title 4 of the Irvine Municipal Code, the City may also collect any fee, cost, or charge incurred in the abatement of such nuisance by making the amount of any unpaid fee, cost or charge a lien against the property that is the subject of the enforcement activity.

D. Civil action. In addition to any other enforcement permitted by the City's Zoning and/or Municipal Codes, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

E. Urban lot split permit revocation. Any violation of this chapter may result in revocation of an urban lot split permit as prescribed in Chapter 2-10 of this zoning ordinance.

Use of any one or more of these remedies shall be at the sole discretion of the City and nothing in this section shall prevent the City from initiating civil, criminal, or other legal or equitable proceedings as an alternative to any of the proceedings set forth above.

(Ord. No. 22-10, § 3, 6-14-22)