La Mesa Municipal Code Ch. 22.045 Urban Lot Split

A. Purpose and Intent. The purpose of this chapter is to provide regulations for urban lot split parcel maps in single-family residential zones in accordance with Government Code Section 66411.7, or any successor statute. The intent of this chapter is to increase opportunities to provide more housing in single-family residential zones consistent with state housing laws, and to provide objective standards for the orderly development of urban lot splits.

B. An application for an urban lot split parcel map shall be considered ministerially, without discretionary review or a hearing, if it meets all of the standards in this chapter.

C. No person shall create an urban lot split subdivision except by the filing of an urban lot split parcel map approved pursuant to this Title and the Subdivision Map Act.

D. Parcels created by an urban lot split shall have a minimum area of one thousand two hundred square feet, and one of the parcels shall not be less than forty percent of the area of the original parcel before subdivision.

E. An urban lot split shall be prohibited in each of the following circumstances:

1. The parcel is located within a historic landmark property included in the State Historic Resources Inventory.

2. The urban lot split would require demolition or alteration of any of the following:

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

3. The parcel was created by prior urban lot split as provided by this Chapter.

4. The owner of the parcel or any person acting in concert with the owner of the parcel has previously subdivided an adjacent parcel utilizing the urban lot split process.

F. Parcels created by an urban lot split shall be limited to only residential uses.

G. Notwithstanding any other provision, regulation, or standard, the development of at least two units of a minimum of eight hundred square feet shall not be precluded on each lot of a parcel otherwise eligible for an urban lot split.

H. Prior to recordation of the urban lot split parcel map, an applicant, except a community land trust or qualified nonprofit corporation, for an urban lot split shall sign an affidavit 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 approval of the urban lot split.

I. Prior to recordation of the urban lot split parcel map, the property owner shall cause to be recorded Covenants, Conditions, and Restrictions (CC&Rs) against the property, of a form and content satisfactory to the director of community development. The CC&Rs shall require that the use and development of the property be in accordance with this chapter, and to notify future owners of the restrictions on rental terms and the restrictions on the number of dwelling units permitted.

(Ord. 2022-2894, § 3, February 8, 2022)

A. The subdivider applying for an urban lot split shall file the following material with the director of community development.

1. A fee determined by city council resolution.

2. Urban lot split parcel map copies in the quantity to be specified by the director of community development.

3. A grading plan showing any grading proposed for the creation of building sites or for construction or installation of improvements. The grading plan together with the original topographical contours may both be shown on the urban lot split parcel map.

4. A county health department certification for each lot for which a sanitary sewer is not available, that the lot is approved for installation of an on-site sewage disposal system.

5. An urban lot split parcel map shall be acceptable only with the written consent of all parties having any record title interest in the real property to be subdivided.

B. The director of community development is authorized as the approval agency for urban lot splits and is directed to:

1. Prescribe, subject to the approval of the city council, such additional rules and regulations as are advisable with respect to processing procedures or requirements for urban lot split subdivisions.

2. Prescribe such additional rules and regulations as are advisable with respect to the form and contents of urban lot split parcel maps or data supplemental thereto.

3. Obtain the recommendations of the city engineer, building official, and fire marshal with respect to the design and the kind, nature and extent of the required improvements. Such recommendations shall be in writing and a copy shall be furnished to the subdivider at least three days before any action on the map by the director of community development.

4. Prescribe the kind, nature and extent of the improvements to be constructed or installed in or to serve the subdivision for which an urban lot split parcel map is filed, and to establish agreements with the subdivider regarding the time when such improvements shall be required.

5. Approve, conditionally approve or disapprove urban lot split parcel maps filed pursuant to this chapter.

6. Extend the time at which an urban lot split parcel map expires. Such an extension shall not exceed twelve months at any one time nor shall the aggregate of all extensions equal more than twenty-four months.

7. Certify each urban lot split parcel map in accordance with this title.

C. An 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 would have a specific, adverse impact as defined and determined in California 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 the specific, adverse impact.

D. The correction of nonconforming zoning conditions shall not be required as a condition of approval of an urban lot split parcel map.

E. An urban lot split parcel map shall be disapproved for failure to meet or perform any of the requirements or conditions imposed by this chapter or the Subdivision Map Act, and city of La Mesa ordinances enacted pursuant thereto.

F. After the approval by the city of an urban lot split parcel map, the applicant or its agent shall transmit the map the county recorder.

(Ord. 2022-2894, § 3, February 8, 2022)

A. An urban lot split parcel map must be prepared in full compliance with the objective standards of the Subdivision Map Act and this Title.

B. Easements sufficient to permit installation and maintenance of publicly maintained storm drainage facilities, sewerage, street lighting, and other public utilities shall be provided and shall be shown on the map.

C. Except as provided in Section 22.045.030D, each lot shall have frontage on a dedicated street or a street offered for dedication; provided that access to the land to be subdivided may be effected by a private road easement, if no access to the property to be subdivided exists on the effective date of this title, and subdivision of the area to provide improved street access would not be practical without extensive redevelopment because of the built-up character of the area.

1. The minimum width of an easement access, if permitted, shall be:

a. Sixteen feet for an easement serving a one-family dwelling, or

b. Twenty-two feet for an easement serving two or more family dwelling units.

2. Emergency vehicular access shall be provided to all lots in accordance with the California Fire Code. Turnaround areas may be required.

D. For urban lot splits that are not required to provide parking spaces and do not provide parking spaces, vehicular access shall not be required. In such circumstances for lots that do not have direct access to a public street, a pedestrian easement of a minimum of five feet in width and not more than two hundred feet in length shall be provided from the public street to the lot.

E. The side lines of lots with street frontage shall be approximately at right angles to the street line on straight streets or radial to curved streets.

F. Improvements required for the subdivision shall be shown on or indicated as a condition of approval on the urban lot split parcel map. The minimum required improvements shall be:

1. Storm drainage and flood control facilities within the subdivision sufficient to carry storm runoff both tributary to and originating within the subdivision.

2. A public sewerage system serving each lot of the subdivision.

3. A water supply system providing an adequate supply of potable water to each lot and fire hydrant within the subdivision. The water system shall be of the size and design prescribed by the Helix Water District, subject to the approval of the city engineer.

4. Fire hydrants and connections which shall be of the types and at locations specified by the fire marshal.

5. Survey monuments.

6. Public utilities including gas, electric and telephone distribution facilities necessary to separately serve each lot of the subdivision.

7. Plans, profiles and specifications of required improvements shall be furnished to, and approved by, the city engineer prior to the approval of the parcel map by the director of planning. Construction of improvements shall not be required until such time as a permit or other grant of approval for development of the parcel is issued.

8. Security for improvements shall be provided in accordance with Section 24.04.020D.

G. An urban lot split map shall be based upon a field survey made in accordance with the Land Surveyor's Act, or it may be compiled from recorded or filed data when sufficient survey information exists on filed maps to retrace the exterior boundary lines of the subdivision, and at least one boundary line can be established by locating two existing monuments of record located on that line.

H. The subdivider shall cause survey monuments to be set by a licensed land surveyor or registered civil engineer prior to the approval of the parcel map by the director of community development. The required monuments to be set shall include monuments at each corner and the beginning and end points of each curve on the subdivision boundary and each lot boundary; provided that only one monument shall be set at subdivision and lot corners which are coincident, and that any existing record and identified monument which meets all other requirements of this section need not be replaced. Monuments may be offset and as a minimum shall consist of:

1. An iron pipe three-fourths inch in diameter at least eighteen inches in length. The top of the pipe shall be filled with a metal, plastic, or cement plug to a depth of at least three inches and centered with a tack and disc; or

2. An iron rod one-half inch in diameter at least one foot in length; or

3. A metal plug with tack and disc set flush with the surface in Portland Cement Concrete sidewalk, curb or pavement.

I. Urban lot split parcel maps shall comply with and provide all of the information required by Section 22.04.030B.

(Ord. 2022-2894, § 3, February 8, 2022)