Sec. 44-1260. - Urban lot split objective development standards.

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standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State law.

(1)

Location and zoning requirements. Urban lot split shall only be allowed in single family residential zoning district, in accordance with the permit and development standards described in this section, subject to the exceptions set forth below.

a.

Farmland. Pursuant to Government Code §§ 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.

b.

Wetlands. Pursuant to Government Code §§ 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).

c.

Fire zones. Pursuant to Government Code §§ 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 Government Code § 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 Public Resources Code § 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by the City, pursuant to Government Code § 51179(b), or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

d.

Hazardous waste site. Pursuant to Government Code §§ 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 Government Code § 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code § 25356, 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.

e.

Earthquake zone. Pursuant to Government Code §§ 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be located 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 (Health and Safety Code § 18901 et seq.), and by any local building department under [Government Code § 8875 et seq].

f.

Flood plain areas. Pursuant to Government Code §§ 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 single family residential duplex may be located on a site described in this subparagraph if either of the following are met:

1.

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

2.

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 Floodplain Management.

g.

Regulatory floodways. Pursuant to Government Code §§ 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 Floodplain Management.

h.

Conservation lands. Pursuant to Government Code §§ 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 (Fish and Game Code § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), other adopted natural resource protection plan, or that is otherwise subject to a conservation easement.

i.

Protected habitat. Pursuant to Government Code §§ 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. § 1531 et seq.), the California Endangered Species Act (Fish and Game Code § 2050 et seq.), or the Native Plant Protection Act (Fish and Game Code § 1900 et seq.).

j.

Existing non-conforming structure or use. The City shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.

k.

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 Public Resources Code § 5020.1, 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.

(2)

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:

a.

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.

b.

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.

c.

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

d.

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 Government Code § 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the applicant submits an application.

(3)

No more than two units per urban lot split parcel. No more than two units (whether primary, accessory, or single family residential duplex) shall be allowed per parcel. In no event shall an urban lot split permit application be used to construct more than two dwelling units per created parcel.

(4)

Sale, rental, and occupancy of units. The 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 as his/her primary residence one of the units on a lot created by the urban lot split for a period of three years from the date of approval of the urban lot split.

(5)

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 any:

a.

Dwelling constructed upon property subject to the urban lot split shall not be rented for less than 30 days;

b.

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 approval of the urban lot split as his or her primary residence;

c.

The parcel was created by an urban lot split pursuant to SB 9 and is not subject to further subdivision;

d.

The unit(s) upon the lots subject to an urban lot split, and not occupied by the owner of the parcel, shall be occupied by very-low to low-income households for a period of 60 years from the date, following the recordation of the deed restriction, when such unit on an urban lot split parcel is first occupied;

e.

No more than two units shall be permitted on lots created through the urban lot split; and

f.

The deed restriction runs with the land and each provision therein may be enforced against future owners of the property.

(6)

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 provided the following:

a.

The lot to be split shall be at least 2,400 square feet.

b.

Each lot created by an urban lot split shall be at least 1,200 square feet.

c.

Each lot created by an urban lot split shall be between 60 percent and 40 percent of the original lot area and under no scenario can one parcel be smaller than 40 percent of the lot area of the original parcel.

(7)

Lot lines. The location and orientation of new lot lines shall meet the following standards:

a.

Front lot lines shall conform to the minimum lot width requirements of the zoning code. A flag lot, or a lot with a narrow projecting strip of land extending along a street, is not permitted.

b.

Each parcel shall have approximately equal lot width and/or lot depth, consistent with the minimum lot sizes described in this chapter. Lot depth and lot width shall be measured in accordance with the current applicable zoning standards.

c.

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

d.

Lot lines shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater.

e.

Interior lot lines 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 chapter.

h.

Lot lines shall not render an existing structure as nonconforming in any respect (e.g. setbacks, lot coverage, parking), nor increase the nonconformity of an existing nonconforming structure.

(8)

No prior urban lot splits for parcel or applicant. In order to be eligible for an urban lot split application, 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 § 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 has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.

(9)

Required setbacks.

a.

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

b.

No setback requirement shall be required for a legally existing structure or a structure constructed in the same location and to the same dimensions as an 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.

(10)

Maximum height/stories. All 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.

(11)

Building separation requirements. All units constructed upon parcel(s) subject to or created by an urban lot split shall comply with the City's ten-foot building separation requirement as set forth in section 44-79 of this Code.

(12)

Unit size requirements. For all 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.

(13)

Additional requirements.

a.

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

b.

The proposed urban lot split shall conform to all applicable objective requirements of article VI, subdivision, of chapter 44 of this Code and the Subdivision Map Act (Government Code § 66410 et seq.), except as otherwise expressly provided in this section. In addition, notwithstanding Government Code § 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.

c.

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

d.

All units constructed upon parcel(s) subject to or created by an urban lot split must have separate utility connections and separate utility meters.

e.

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

f.

The City may require that a parcel map submitted in connection with a proposed urban lot split permit contain easement(s) for the provision of public services and utilities.

g.

Each of the parcels created as part of an urban lot split shall have access to, provide access to, or adjoin a public right-of-way.

h.

Each lot created through an urban lot split shall have its own driveway and curb cut.

i.

A building permit for development on an urban lot split cannot be issued until the parcel map records.

j.

Notwithstanding any provision of Government Code §§ 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 section 44-10 of this Code 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 44-111 of this Code. 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 revocation of the urban lot split permit.

k.

All units constructed upon parcel(s) subject to or created by an urban lot split must meet the requirements of all uniform codes, including but not limited to the California Building Code and the California Fire Code, as such codes have been adopted and amended by chapter 10, article III, technical codes, of this Code.

l.

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

m.

Lots created as a result of an urban lot split shall be provided with six feet high decorative masonry block walls (reduced to 4.5 feet within front setback) at the following locations: interior side and rear lot lines of each lot and street side property lines and along the rear property line of through lots, setback a minimum four feet behind the sidewalk.

n.

Lots created as a result of an urban lot split shall be fully landscaped and consistent with the State Model Water Efficient Landscape Ordinance (MWELO) requirements.

o.

ln 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 concurrent with their urban lot split permit application. Failure to submit such written evidence shall be grounds for denial of the urban lot split permit application.

p.

Units constructed upon lots created by an urban lot split which are not inhabited as the primary residence of the owner of said parcel shall only be occupied by very-low to low-income households for a period of 60 years. A deed restriction shall be recorded prior to issuance of certificate of occupancy stating that, the units not occupied as the primary residence of the owner of the parcel shall be occupied by very-low to low-income households for 60 years from the date, following the recordation of the deed restriction, when such unit on an urban lot split parcel is first occupied. An annual report shall be submitted to the City Finance Department or designee to verify compliance with the income restriction requirements.

q.

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. If there is a legal primary dwelling on the lot when a urban lot split permit application is approved, any new unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. If there is no legal primary dwelling on the lot before the urban lot split is approved, any constructed units shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The "dominant roof" pitch means the slope shared by the largest portion of the roof.

r.

No window or door of a unit on an urban lot split parcel may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to

provide screening and prevent a direct line of sight.

(14)

Notice of construction. At least 30 business days prior to the starting of any construction of a structure on a lot created by an urban lot split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:

a.

Notice that construction has been authorized.

b.

The anticipated start and end dates for construction.

c.

Contact information for the project manager (for construction related complaints.)

(15)

Parking requirements. Except as provided below, all dwelling units constructed upon parcel(s) subject to or created by an urban lot split shall meet the applicable parking standards found in sections 44-79 and 44364 of this Code. At least one off-street parking space within a fully enclosed garage having a minimum

interior clear area measuring ten feet in width and 20 feet in length, non-tandem parking space, shall be provided per unit on a urban lot split parcel. Such off-street parking shall be provided on the same lot as the unit. However, this requirement shall not apply if lot is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop, or the lot is located within one block of a car share vehicle.

(16)

Access standards. Each lot shall front upon or have access to a public street, or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:

a.

Vehicle access easements serving a maximum of two units shall meet the following standards:

1.

Easement width shall be a minimum of ten feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the applicable driveway and parking standards in the City's residential parking standards in section 44-363.

The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.

3.

No residential structure shall be closer than three feet to the easement.

b.

Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:

1.

Easement width shall be a minimum of five feet;

2.

Pedestrian access easements shall not exceed 200 feet in length.

c.

Vehicle access easements shall not be located closer than 25 feet to an intersection.

d.

Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement.

e.

Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, the City's Public Works Standards, and the parking standards in this Code.

(17)

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 precise plan permit, conditional use permit and/or variance), 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 chapter 44 of this Code.

(18)

Prohibition of further subdivision. A lot created by a parcel map under this chapter shall not be further subdivided.

(19)

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 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 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 subsection.

(Ord. No. 2022-01, § 20, 5-3-2022)

Sec. 44-1261. - Enforcement and remedies.

(a)

Criminal fines and penalties. Any person responsible for violating any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney.

(b)

Administrative fines and penalties. Whenever an officer charged with the enforcement of any provision of this Code 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 chapter 2 of this 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 § 731 or any other remedy available at law. In accordance with chapter 26 of this 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.

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. 2022-01, § 20, 5-3-2022)

Secs. 44-1262—44-1285. - Reserved.

ARTICLE VII. - WATER EFFICIENT LANDSCAPING[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Ord. No. 2016-03, § 4, adopted January 19, 2016, repealed art. VII, §§ 44-1286—1291, in its entirety and enacted a new art. VII to read as set out herein. Former art. VII pertained to similar subject matter and was derived from Ord. No. 2015-01, § 3, adopted May 5, 2015.

State Law reference— Water Conservation in Landscaping Act, Government Code § 65591 et seq.

Sec. 44-1286. - Water efficient landscaping.

The regulations and standards set forth in the State Model Water Efficient Landscape Ordinance, located at California Code of Regulations, Title 23, Division 2, Chapter 2.7, Sections 490-495, as may be amended from time to time, shall apply to all landscape projects in the City that fall into one or more of the landscape project categories specified in the State Model Ordinance.

(Ord. No. 2016-03, § 4, 1-19-2016)

Sec. 44-1287. - Delegation.

The City may delegate to, or into a contract with, a consultant to implement, administer, and/or enforce any of the provisions of this article on behalf of the City.

(Ord. No. 2016-03, § 4, 1-19-2016)

APPENDIX A. - DEVELOPMENTAL AGREEMENTS REFERENCE TABLE

At the direction of the city, this table sets out those ordinances which pertain to developmental agreements. Those ordinances are set out herein for reference purposes and have not been included in this Code.

EXHIBIT A—ZONING MAP

==> picture [408 x 528] intentionally omitted <==

(Ord. No. 2016-03, § 4, 1-19-2016)