Menifee Zoning Code Ch. 9.298 Small Lot Subdivisions

Contents:

9.298.010 Purpose

9.298.020 Applicability

9.298.030 General Eligibility Requirements

9.298.040 Development & Objective Standards

9.298.050 Specific Adverse Impacts

(2025-417, 07/16/2025)

9.298.010 Purpose¶

The purpose of this section is to allow and appropriately regulate small lot subdivisions and housing development in accordance with Government Code Section 65852.28, Section 65913.4.5 and Section 66499.41.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

Exceptions & meaning →

9.298.020 Applicability¶

This section establishes a streamlined ministerial review and approval process for small lot subdivisions pursuant to the requirements in Government Code Sections 65852.28, 64913.4.5, and 66499.41

(2025-417, 07/16/2025)

Effective on: 8/16/2025

Exceptions & meaning →

9.298.030 General Eligibility Requirements¶

The standards set forth below shall apply to all lots subdivided pursuant to the requirements in Government Code Section 66499.41. For any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State Law.

Map Act Compliance. The lot must conform to all applicable objective requirements of the Subdivision Map Act (Government Code § 66410 et seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.
Legal Lot. The existing lot was legally created as shown through a previously recorded map or by establishment through a certificate of compliance, and not created previously pursuant to SB 684 or lot splits under 66411.7 (SB 9).
Location and Zoning. Small lot subdivision projects shall be allowed on a lot zoned for multifamily residential permitted by right, including LDR-2, LMDR, MDR, MHDR, and HDR or on a vacant lot zoned for single-family residential permitted by right, including AG, RM, RR5, RR2, RR1. RR1/2, LDR-1, LDR-2, LMDR, MDR, subject to the exceptions set forth below and in Government Code § 65852.28 and 66499.41.
Prime farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
A wetland.
Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
A hazardous waste site that has not been cleared for residential use.
Within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards.
Within a 100-year flood hazard area, unless the site has either:
Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
Within a regulatory floodway unless all development on the site has received no-rise certification.
Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. Properties within the Hillside Overlay are subject to Hillside Development Standards pursuant to Chapter 9.195.
Habitat for protected species.
Land under conservation easement.
The housing development project on the lot proposed to be subdivided would not require demolition or alteration of any of the following types of housing:
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low-, very low-, or extremely low-income.
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
A parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

Exceptions & meaning →

9.298.040 Development & Objective Standards¶

The following development standards shall apply to small lot subdivisions created through SB 684 and SB 1123.

A lot zoned to allow multifamily residential dwellings shall not exceed five acres and shall be substantially surrounded by qualified urban uses as defined by the Public Resources Code, Sections 21072 and 21159.25.
A vacant lot zoned to allow single-family dwellings shall not exceed one and one-half acres and shall be substantially surrounded by qualified urban uses as defined by the Public Resources Code, Sections 21072 and 21159.25.
Parcel & Unit Quantity. The proposed subdivision will result in ten or fewer parcels and the housing development project on the lot proposed to be subdivided will contain ten or fewer residential units.
The housing units on the lot proposed to be subdivided are one of the following:
Constructed on fee simple ownership lots;
Part of a common interest development;
Part of a housing cooperative, as defined in Civil Code Section 817; or
Owned by a community land trust meeting the requirements of Government Code Section 66499.41.
The development standards listed below in Table 9.298.010 are the minimum standards for small lot subdivisions.

Table 9.298.010 Small Lot Subdivisions

Standard		Additional Requirements
MINIMUM LOT DIMENSIONS	MINIMUM LOT DIMENSIONS	MINIMUM LOT DIMENSIONS
Multifamily Zoned Lots Net Lot Area (Square Feet)	600
Single-family Zoned Lots Net Lot Area (Square Feet)	1,200
Lot Width (Feet) 1	--
Lot Depth (Feet) 1	--
Frontage (Feet) 1	--
FLOOR AREA RATIO	FLOOR AREA RATIO	FLOOR AREA RATIO
3 to 7 unit subdivisions 2 Maximum	1.0	See underlying zone’s FAR
8 to 10 unit subdivisions 2 Maximum	1.25	See underlying zone’s FAR
SETBACKS (Minimum)	SETBACKS (Minimum)	SETBACKS (Minimum)
Front Yard (Feet)	--
Corner Side Yard (Feet)	4
Interior Side Yard (Feet)	4
Rear Yard (Feet)	4
1. No other size requirement, such as lot width, depth, or frontage shall apply to lots created through SB 684 and SB 1123. 2. The Floor Area Ratios set forth in this table shall only apply where the underlying zone’s floor area ratio does not exist.

Setbacks.
Separation. Interior side setbacks are not required between units for an SB 684 subdivision.
Unit Size. The total floor area of each dwelling that is developed through small lot subdivisions shall not exceed 1,750 net habitable square feet.
Parking Required. Housing units proposed under SB 684 and SB 1123 shall not be required to provide enclosed or covered parking or require parking if either of the following apply:
The lot is located within one-half mile walking distance of either of the following:
A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.
A site that contains an existing rail or bus rapid transit station, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
The site is located within one block of a car-share vehicle location
Density Requirements.
If the parcel is identified in the City’s housing element for the current planning period, the development should result in at least as many units as projected for the parcel in the housing element.
If the parcel is identified to accommodate any portion of the jurisdiction’s share of the regional housing need for low or very low-income households, the development will result in at least as many low or very low-income units as projects in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
If the parcel is not identified in the City’s housing element for the current planning period, the development shall result in at least 66% of the maximum allowable residential density as specified by the zone or 66% of the applicable residential density, whichever is greater.
Architecture. Units created through SB 684 shall be compatible with the architectural style proposed in the City’s Design Guidelines. No metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, SB 684 units must possess at least three of the following traits in common with proposed or existing dwelling units on site:
Wall covering materials
Roofing material
Roofing Pitch
Structural eaves
Mass and scale of structure relative to structural height
Window characteristics
Decorative treatments
Utilities.
Parcels created through a small lot subdivisions shall have separate sewer, water, gas, and electrical utility services and have the ability to connect prior to approval of the subdivision.
Each existing and newly constructed unit shall maintain separate and independent public services and utilities including separate utility connections and meters. All electric utility connections shall be underground.
Fire-Hazard Mitigation Measures. A lot in a very high or high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
Emergency access and water supply requirements shall comply with the California Code of Regulations, Title 14 and Title 24, Part 9.
All new structures on the site must comply with current building code standards for dwellings in a very high fire hazard severity zone.
Applicable Chapters. Site requirements of the following Chapters, but not limited to, shall apply:
Chapter 9.160 – General Development Standards
Chapter 9.165 – Accessory Structures
Chapter 9.185 – Fences, walls and screening
Chapter 9.190 – Hillside Development Standards
Chapter 9.195 – Landscaping Standards
Chapter 9.200 – Tree Preservation
Chapter 9.230 – Utilities
Prohibition of Urban Lot Splits. A parcel created under this section may not be further subdivided pursuant to an urban lot split under Chapter 9.296.
Accessory Dwelling and Junior Accessory Dwelling Units. An accessory dwelling unit or junior accessory dwelling unit shall be permitted on a parcel created through this chapter pursuant to Section 9.295.020.
Accessory dwelling and junior accessory dwelling units cannot be counted toward a housing development project on a lot subdivided to contain 10 or fewer residential units.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

Exceptions & meaning →

9.298.050 Specific Adverse Impacts¶

Notwithstanding anything else in this section, the city may deny an application for a small lot subdivision 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. The building official may consult with and be assisted by the Community Development Director and others as necessary in making a finding of specific adverse impact.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

Exceptions & meaning →