§ 16.17

The purpose of this section is to allow and appropriately regulate urban lot splits pursuant to Government Code Section 66411.7. This section shall work in concert with Title 17, Chapter 17.41, Article III (Sections 17.41.050—17.41.058) regarding construction of residential units on any lot created via an urban lot split.

(Ord. No. 1087, § 3(Exh. A), 12-14-2021; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

16.17.020 - Definition.

"Accessory dwelling unit" (ADU) shall have the same meaning as set forth in Section 17.41.012.

"Accessory dwelling unit, junior" (JADU) shall have the same meaning as set forth in Section 17.41.012.

"Dwelling unit" shall have the same meaning as specified in set forth Section 17.04.240.

"Individual property owner" shall have the same meaning as specified in set forth Section 17.41.052.

"Primary dwelling unit" shall have the same meaning as set forth in Section 17.41.052.

"Two-unit project" shall have the same meaning as set forth in Section 17.41.052.

"Urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

(Ord. No. 1087, § 3(Exh. A), 12-14-2021; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

16.17.030 - Application.

A.

Only individual property owners may apply for an urban lot split.

B.

An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

C.

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(Ord. No. 1087, § 3(Exh. A), 12-14-2021; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

A.

An application for a parcel map for an urban lot split is approved or denied ministerially, by the development services director. No discretionary review or public hearing process shall be applied.

B.

A tentative parcel map for an urban lot split is approved if the director of development services determines the application complies with all the requirements of this section. The tentative parcel map is not required to be recorded. A final parcel map shall be approved ministerially upon but the applicant/property owner(s) demonstrating that the required deed restriction and easements and any other required documents have been recorded pursuant to the provisions of this section. The tentative parcel map expires three months after approval by the director.

C.

The approval document shall include a provision that requires the applicant/property owner to hold the city harmless from all claims and damages related to the approval and its subject matter.

D.

The approval shall include a provision requiring the applicant/property owner to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

(Ord. No. 1087, § 3(Exh. A), 12-14-2021; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

An urban lot split must satisfy all of the following requirements:

A.

Subdivision Map Act Compliance.

1.

The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code Section 66410 et seq., "SMA"), including implementing requirements of this Title 16, except as otherwise expressly provided in this section.

2.

If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:

a.

The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

b.

The city has all the remedies available to it under the SMA, including but not limited to the following:

i.

An action to enjoin any attempt to sell, lease, or finance the property.

ii.

An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

iii.

Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both, or a misdemeanor.

iv.

Record a notice of violation.

v.

Withhold any or all future permits and approvals.

c.

Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

B.

Zone. The lot to be split shall only be located in a single-family residential zone, defined to be rural residential RR-2.5, rural residential RR-1, semi-rural residential SRR, residential R-15,000, residential R- 10,000, and residential R-7,000.

C.

Restrictions on Location. No urban lot split application shall be permitted on any property meeting any one of the following criteria:

1.

Prime farmland, farmland of statewide importance, as defined pursuant to the 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 California Department of Conservation, or land that is zoned or designated for agricultural protection or preservation by a local ballot measure.

2.

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

3.

Within a fire high fire hazard severity zone as determined by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or as indicated on maps adopted by the said department pursuant to Public Resources Code Section 51179(b), unless the site complies with all fire

hazard mitigation measures required by existing building standards or state fire mitigation measures applicable to development.

4.

A hazardous waste site pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the California Department of Toxic Substances Control pursuant to Section 25356 of the State Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances control has cleared the site for residential use.

5.

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 the building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

6.

Within a 100-year flood hazard area as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. However, a subdivision or development may be located on a lot described herein if the lot is otherwise eligible for approval under the provisions of this code and the applicant is able to satisfy all applicable federal qualifying criteria demonstrating the site has either:

a.

Been subject to a letter of map revision prepared by FEMA and issued to the city; or

b.

Meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 and Part 60 of Subchapter 8 of Chapter 1 of Title 44 of the Code of Federal Regulations.

7.

Within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the subdivision and/or development has received a no-rise certification in accordance with § 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

8.

Encumbered with a conservation easement or identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the Federal Endangered Species Act, or other adopted natural resource protection plan.

Containing 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, the State Endangered Species Act, or the Native Plant Protection Act.

10.

Land under a conservation easement that would prevent development of the site.

11.

Areas encumbered by a recorded easement that would prevent development of the lot.

12.

Containing a residential use in a zone other than those stated herein.

D.

Restriction—No Prior Urban Lot Split.

1.

No urban lot split application shall be permitted for any lot created by a prior urban lot split.

2.

No urban lot split application shall be permitted on any lot adjacent to a lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

E.

Restriction—No Impact on Protected Housing.

1.

No urban lot split application shall be permitted for any property for which the application includes or involves the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households 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.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060—7060.7) at any time in the fifteen (15) years prior to submission of

the urban lot split application.

d.

Housing that has been occupied by a tenant in the last three years from which the application is filed.

2.

As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection 16.17.050.E.1 above is satisfied. The sworn statement must state that:

a.

No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

b.

No housing that is subject to any form of rent or price control will be demolished or altered.

c.

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen (15) years will be demolished or altered.

d.

No housing that has been occupied by a tenant in the last three years from the date of the application filing date will be demolished or altered.

3.

The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties. The city may require additional evidence of the applicant and owner, as necessary, to determine compliance with this requirement.

F.

Existing Structures. The proposed unit development shall not include the demolition of more than twentyfive (25) percent of any existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

G.

Lot Standards.

1.

The lot to be split must be a legally created lot at least two thousand four hundred (2,400) square feet in size.

2.

The two resulting lots must each be at least one thousand two hundred (1,200) square feet in size.

3.

Each of the resulting lots must be between forty (40) and sixty (60) percent of the original lot area.

4.

All lot lines shall be contiguous to existing zoning boundaries.

5.

Each resulting lots shall not have a width less than the width of the original lot.

H.

Easements.

1.

The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

2.

Each easement must be shown on the tentative parcel map.

3.

Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved.

4.

If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

I.

Lot Access.

1.

Each resulting lot must adjoin the public right-of-way.

2.

Each resulting lot must have frontage on the public right-of-way of at least twenty (20) feet.

J.

Unit Standards. Construction of residential units on any lot created via an urban lot split is subject to the standards of Title 17, Chapter 17.41, Article III (Sections 17.41.050—17.41.058).

(Ord. No. 1087, § 3(Exh. A), 12-14-2021; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

16.17.060 - Specific adverse impacts.

A.

Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

B.

"Specific adverse impact" has the same meaning as in Gov. Code Section 65589.5(d)(2): "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" and does not include either: (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

C.

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(Ord. No. 1087, § 3(Exh. A), 12-14-2021; Ord. No. 1106, § 4(Exh. A), 10-10-2023)

Chapter 16.20 - DESIGN REQUIREMENTS Article I. - General Provisions

16.20.010 - General requirements.

A.

All subdivision design shall conform to the requirements contained in this chapter.

B.

To the extent feasible, each lot in any subdivision shall be designed to be entirely located within a single zoning classification.

(Ord. 661 § 1 (500.000), 1994)

16.20.020 - Subdivision design.

Residential subdivisions shall be designed to create neighborhoods that are quiet, safe, aesthetic, comfortable and livable while providing for the necessary movement of automobiles and service/emergency vehicles. Commercial and industrial subdivisions shall be designed to create development sites that are accessible, functional and adequately serviced, and which shall contribute to the logical and orderly development of the area. Subdivision layout shall be in accordance with the following design criteria set forth in this chapter. The planning commission may approve subdivision layouts that do not conform to the design criteria when it determines that it is impractical to comply, when there are conflicts between design requirements in specific circumstances, or as noted in the design criteria.

(Ord. 661 § 1 (510.000), 1994)