Lodi Municipal Code Ch. 17.55 Urban Lot Split

This chapter is adopted in accordance with California Government Code Sections 65852.21 and 66411.7, also known as Senate Bill 9 (SB-9). The purpose of this chapter is to establish a ministerial objective approval process and special lot design standards for the subdivision of single lots in the RLD zoning district.

(Ord. No. 2013, § 2, 12-7-2022)

This chapter is applicable only while California Government Code sections 65852.21 and 66411.7 created by SB-9 remain in effect.

(Ord. No. 2013, § 2, 12-7-2022)

An urban lot split is the subdivision of a single-family residential lot into two parcels that meets the requirements of this chapter. An Urban lot split differs from other subdivisions only in the standards which apply to the lots created, the criteria which must be met, and the ministerial approval process which applies to this type of subdivision.

(Ord. No. 2013, § 2, 12-7-2022)

An urban lot split is subject to staff review and approval only, subject to the objective criteria and standards of this chapter.

An urban lot split that meets all of the criteria listed below shall be approved unless the building official makes a written finding, based upon a preponderance off the evidence, that:

A. The proposed urban lot split would have a specific adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and that there no feasible method to satisfactorily mitigate or avoid the impact; or

B. The proposed urban lot split would not comply with all of the criteria for approval per this chapter.

(Ord. No. 2013, § 2, 12-7-2022)

Proposed urban lot splits shall comply with all of the following:

A. The urban lot split would not require the demolition or alteration of 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; or that is subject to any form of rent or price control through a public entity's valid exercise of its police power;

B. The urban lot split would not require the demolition or alteration of housing that has been occupied by a tenant in the last three years;

C. If any existing dwelling unit(s) is proposed to be demolished, the proposal would comply with the replacement housing provisions of Government Code Section 66300(d);

D. The parcel proposed for an urban lot split is located in the RLD (low density residential) zone;

E. The parcel proposed for an urban lot split is not located within a historic district, is not included on the state historic resources inventory, and is not within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance;

F. The parcel proposed for an urban lot split is not a parcel on which an owner of residential real property exercised rights under California Government Code section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date the application is submitted;

G. The parcel proposed for an urban lot split was not previously created through a prior urban lot split;

H. The parcel proposed for an urban lot split is not located on prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B);

I. The parcel proposed for an urban lot split is not located on wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);

J. The parcel proposed for an urban lot split is not located on a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the department of toxic 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;

K. The parcel proposed for an urban lot split is not located in a special flood hazard area subject to induction by the one percent annual chance flood (one hundred-year flood) or regulatory floodway as determined by FEMA. This criteria shall not apply if either of the following are met:

1. The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

2. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4 (a)(6)(G)(ii);

L. The urban lot split would not create a nonconforming condition related to the placement of buildings or to any other development standard of this zoning code, except as specified in this chapter;

M. The urban lot split would not create an unmitigated adverse impact to the city's sewer or stormwater infrastructure systems that would violate city standards, policies, or conditions protecting public health and safety;

N. A signed affidavit has been provided in accordance with Section 17.55.110;

O. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using the urban lot split process; and

P. The application complies with all provisions of Government Code Section 66411.7.

(Ord. No. 2013, § 2, 12-7-2022)

The following requirements apply to all lots created using the urban lot split process, except to the extent that they would preclude the construction of two SB-9 Units (as the term is defined in Section 17.36.160 of this Code) of at least eight hundred square feet each. Any modifications of these requirements shall be the minimum modification necessary to avoid physically precluding the construction of two SB-9 Units of eight hundred square feet each on each parcel.

A. Lot Requirements:

1. Each lot shall have street frontage on or access to a public right-of-way as required by the public works department.

2. Lot width shall be per the RLD zoning district.

3. Lots created per this chapter are not required to have a minimum depth, provided that the minimum lot size stated below is maintained.

4. Lot size:

a. Each parcel created by an urban lot split shall be at least forty percent of the size the original parcel or one thousand two hundred square feet, whichever is greater.

b. The sub divider shall demonstrate that the proposed lots are capable of accommodating at least two units of eight hundred square feet each in conformance with the applicable setbacks and height limits of this Code.

5. Utilities:

a. Each parcel created by an urban lot split shall have water, sewer, storm drain, gas and electric utility service that comply with city standards.

b. The sub divider shall be responsible to install connections to city facilities in accordance with city standards.

c. All required utility connections shall be placed on the same parcel as the unit or units the utilities are serving, or shall be located within a utility easement.

d. Unused connections shall be abandoned per city standard.

(Ord. No. 2013, § 2, 12-7-2022)

Development standards for parcels created pursuant to this chapter are provided in Section 17.36.160 of this Code.

(Ord. No. 2013, § 2, 12-7-2022)

The recorded title for any lot or parcel created pursuant to this chapter shall include the following:

A. That the urban lot split provisions of this chapter were used to approve the subdivision and may not be used to further subdivide the lot or parcel;

B. The signed affidavit required per Section 17.55.110;

C. A rental of any unit created on the lot or parcel shall be for a minimum term of thirty-one consecutive days, and the unit shall not be used for short-term rentals; and

D. Uses on the lot or parcel shall be limited to residential uses.

(Ord. No. 2013, § 2, 12-7-2022)

Approval of an application for the urban lot split shall not be contingent upon the correction of a nonconforming zoning condition which existed at the time the application was filed.

(Ord. No. 2013, § 2, 12-7-2022)

The expiration of tentative maps created per this chapter shall be the same as for a standard tentative map as specified in Section 17.52.130 of the Lodi Municipal Code.

(Ord. No. 2013, § 2, 12-7-2022)

Applications for urban lot splits shall include:

A. All information required by the public works department, as shown on official city application forms.

B. Each applicant for an urban lot split shall provide a signed affidavit stating that they intend 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, unless the applicant is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

(Ord. No. 2013, § 2, 12-7-2022)