Sec. 44-1254. - Choice of land dedication or fee.

The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

(1)

Preference of subdivider. At the time of filing of a tentative tract map for approval, the owner of the property shall as a part of the filing indicate the preference to either dedicate property or to pay a fee in lieu. If the subdivider prefers to dedicate land for this purpose, this area shall be designated on the tentative tract map submitted.

(2)

Determination of the Council. At the time of the tentative tract approval, the City Council shall determine as a part of the approval whether to require a dedication of land, a payment of a fee in lieu, or a combination of both. The determination of the City Council shall be final and conclusive. This shall be determined through consideration of the following:

a.

Open space element of the City's general plan.

b.

Topography, geology, access, and location of land in the subdivision that is available for dedication.

c.

Size and shape of the land in the subdivision that is available for dedication.

d.

On subdivisions involving 50 lots or less, only the payment of fees shall be required unless the subdivider prefers to dedicate land and the City Council concurs.

(Ord. No. 2022-01, § 20, 5-3-2022)

Sec. 44-1255. - Prerequisites for approval of final map.

(a)

When land dedication is required it shall be accomplished in accordance with the provisions of the Subdivision Map Act.

(b)

When fees are required in lieu, they shall be deposited with the City prior to the approval of the final map.

(Ord. No. 2022-01, § 20, 5-3-2022)

Sec. 44-1256. - Limitation on use of land and fees.

The land and fees received under this article shall be used only for the purpose of providing park and recreation facilities to serve the subdivision for which received. The location of the land and amount of the fees shall bear a reasonable relationship to the use of the park and recreation facilities by the future residents of the subdivision.

(Ord. No. 2022-01, § 20, 5-3-2022)

DIVISION 5. - URBAN LOT SPLITS

Sec. 44-1257. - Definitions.

For the purpose of this division, the following definitions shall apply:

Total floor area means the total floor area of a unit, inclusive of all habitable areas and non-habitable areas of the structure, including but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms, and any other accessory spaces.

Unit means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code § 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code § 65852.2, or a junior accessory dwelling unit as defined in Government Code § 65852.22.

(Ord. No. 2022-01, § 20, 5-3-2022)

Sec. 44-1258. - Permit procedures.

(a)

Permits. All urban lot splits require an urban lot split permit. The applicant shall also obtain a tentative parcel map, a final parcel map, and building permit(s), in addition to any and all other permits required by this Code. The application for an urban lot split shall be submitted in conjunction with building permits for single family residential duplex development on the resulting parcels. Development on the resulting parcels is limited to the residential development approved in the concurrently submitted building permit applications.

(b)

Zoning district. The lot to be split is in a single family residential zoning district. For purposes of this section, the term "single family residential zoning district" shall mean the R-1 (single-family residential 1.0 to 8.7 dwelling units per net acre) zoning district and shall not include any other zoning district.

(c)

Map preparer. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code §§ 66444—66450 and this chapter, and submitted for approval to the City Engineer. The City Engineer is the approval authority for parcel maps under this chapter.

(d)

The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law:

(1)

A map of appropriate size and to scale showing all of the following:

a.

Total area (in acreage and square feet) of each proposed lot.

b.

Location and dimensions of existing and proposed property lines;

c.

Zoning district;

d.

The location and use of all existing and proposed structures;

e.

All required zoning setbacks for the existing and proposed lots;

f.

The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;

g.

The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;

h.

The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;

i.

Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel;

j.

Curb, gutter, sidewalk, and parkway: type, location, and dimensions;

k.

Location of existing or proposed driveway dimensions, materials, and slope (including cross slope);

l.

Location of existing or proposed pedestrian pathway access to the public right-of-way; and

(e)

An affidavit of the owner, signed under penalty of perjury under the laws of California, that:

(1)

The proposed urban lot split would not require or authorize 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 Government Code § 7060 et seq. to withdraw accommodations from rent or lease within 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.

(2)

The parcel has not been subject to prior exercise of an urban lot split under this chapter;

(3)

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter.

(4)

The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the approval of the urban lot split. However, this requirement shall not apply to an applicant that is a "community land trust," as defined in

Revenue and Taxation Code § 402.1(a)(11)(C)(ii), or is a "qualified nonprofit corporation" as described in Revenue and Taxation Code § 214.15.

(5)

Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

(6)

The uses allowed on a lot created by the parcel map shall be limited to residential uses.

(f)

Application review.

(1)

An application for an urban lot split permit shall be made on forms provided by the City's Community Services Department Engineering Division and be submitted with any applicable fees. The application shall include all information needed to determine compliance with this Code, 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 §§ 66444—66450 and this chapter.

(2)

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 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. The City Engineer or his/her designee shall approve a parcel map for an urban lot split if the engineer or designee determines that it meets all of the requirements of this chapter.

(3)

The City Engineer or his/her designee may deny an urban lot split permit application if it fails to comply with the requirements of this chapter, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. In addition to the foregoing, the City Engineer 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 Government Code § 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. 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.

(4)

Except as otherwise provided in this chapter, urban lot splits shall be subject to any applicable fees adopted pursuant to Government Code § 66000 et seq. and Government Code § 66012 et seq.

(Ord. No. 2022-01, § 20, 5-3-2022)