Montclair Municipal Code Ch. 11.87 Urban Lot Splits

The purpose of this Chapter is to allow and appropriately regulate an Urban Lot Split in accordance with Government Code Section 66411.7.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

A. Owners.

1. Only individual property owners may apply for an Urban Lot Split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or a corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code §402.1 (a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by §214.15).

2. Any person with mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.

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 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. 24-1007, § V(Exh. B), 3-18-24)

A. An application for a parcel map for an Urban Lot Split is approved or denied ministerially, by the Director of Public Works, without discretionary review.

B. A tentative parcel map for an Urban Lot Split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval.

C. The approval requires the property owner and/or applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

D. The approval requires the property owner and/or applicant to reimburse the City for all costs of enforcement, including attorneys' and costs associated with enforcing this code.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

An Urban Lot Split must satisfy each 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 §66410 et. seq., "SMA") and implementing requirements in this Code, including, but not limited to, this Chapter and Chapter 11.86, 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, but not limited to, this Chapter and Chapter 11.86, 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 by misdemeanor.

iv. Record a notice of violation.

v. Withhold any or all future permits and approvals.

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

B. Zone Limit. The lot to be split is in a single-family residential zone known as R-1.

C. Prohibited Locations. The lot split shall not be located on a site that has any of the following characteristics:

1. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

2. A wetland.

3. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

4. A hazardous waste site that has not been cleared for residential use.

5. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6. Within a 100-year flood hazard area, unless the site has either:

a. Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

b. Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

7. Within a regulatory floodway unless all development on the site has received a no-rise certification.

8. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

9. Habitat for protected species.

10. Land under conservation easement.

11. A historic property or within a historic district, that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district.

12. The purpose of this subpart (C) is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)—(K). (See Gov. Code §66411.7(a)(3)(C).)

13. The applicant must provide evidence that the requirements of Government Code Section 65913.4(a)(6)(B)—(K) are satisfied.

D. No Prior Urban Lot Split.

1. The lot to be split was not established through a prior Urban Lot Split.

2. The lot to be split is not adjacent to any 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. "Any person acting in concert with the owner" here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective Urban Lot Splits.

E. No Impact on Protected Housing.

1. The Urban Lot Split must not require or include 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 policy power.

c. Housing, or a lot formerly used for affordable housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code § 7060-7060.7) at any time in the 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.

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 subpart A 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 15 years will be demolished or altered.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

A. The existing lot size of the property prior to subdivision under this Chapter must be at least 2,400 SF.

B. The resulting lots must each be at least 1,200 SF.

C. Each of the resulting lots must be between 60 percent and 40 percent of the original lots.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

A. 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.

B. Each easement must be shown on the tentative parcel map.

C. 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, in accordance with this section.

D. 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.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

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

B. Each resulting lot must have frontage on the public right of way of at least 12 feet.

C. Access through or across a designated horse, pedestrian, or bike trail shall not be permitted.

D. Access through existing subdivision boundary walls to abutting secondary roadways, major roadways, or arterials as designated in the Montclair General Plan, shall not be permitted.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

An Urban Lot Split is approved without requiring a legal nonconforming zoning condition to be corrected.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

A. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

B. All utilities must be underground.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

All structures built on the lot must comply with all current local building standards. An Urban Lot Split is a change of use.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

A. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For purposes of this paragraph "unit" means any dwelling unit, including but not limited to, a primary dwelling unit, a unit created under Chapter 11.21 of the Montclair Municipal Code, and ADU or JADU.

B. Unit Size. The total floor area of the primary dwelling unit on a resulting lot be shall contain not less than 500 SF or greater than 800 SF.

C. Height Restrictions. No new primary dwelling unit may exceed a single story or 16 feet in height, measured from finished grade to peak of the dwelling unit structure.

D. Lot Coverage. A maximum lot coverage of 45 percent is permitted.

E. Open Space. Open space in the amount of 300 SF per unit shall be provided with a minimum dimension of ten feet. The required open space shall be one consecutive area and shall not include setbacks.

F. Setbacks.

1. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

2. Exceptions Notwithstanding subpart (F)(1) above:

a. No setback is required for existing legally established structure or for a new structure that is constructed in the same location and to dimensions as an existing legally established structure.

b. Four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than four feet from a side or rear property line.

c. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an Urban Lot Split must be at least 25 feet from the front property lines. The front setback areas must:

i. Be kept free from all structures greater than three feet high;

ii. Be fully landscaped except approved walkways and driveways, with, drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect.

G. Parking. Each new primary dwelling unit that is built on a lot after an Urban Lot Split must have at least one off-street parking space, within a two-car garage, per unit unless one of the following applies:

1. The lot is located within one-half mile walking distance of either:

a. A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or

b. A site that contains the following:

i. An existing rail or bus rapid transit station,

ii. A ferry terminal served by either a bus or rail transit service, or

iii. 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.

2. The site is located within one block of a car-share vehicle location.

H. Architecture.

1. If there is a legal primary dwelling on the lot that was established before the Urban Lot Split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

2. If there is no legal primary dwelling on the lot before the Urban Lot Split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

3. All exterior lighting must be limited to down-lights.

4. No window or door of a dwelling that is constructed on the lot after the Urban Lot Split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and provide a direct line of sight.

5. If a dwelling is constructed on a lot after an Urban Lot Split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor or (for windows and for doors) utilize frosted or obscure glass.

I. Landscaping.

1. Tree Removal.

a. No mature tree may be removed on a lot with any development under this section.

b. "Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.

c. A tree may only be removed if it is replaced with at least two mature trees of the same type and with a trunk diameter that is the same or larger than that of the removed tree. If a certified arborist determines that there is not space on the lot for a replacement trees, owner may pay the replacement cost of the tree.

2. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots as follows:

a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.

b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet high may be installed.

c. All landscaping must be drought-tolerant pursuant Chapter 11.60 Water Efficient Landscaping and Conservation.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

A. All Urban Lot Split projects must comply with each of the following requirements:

1. Have direct, straight access from a public street or an improved public alley. Access through or across a designated horse, pedestrian, or bike trail shall not be permitted.

2. Driveway access to a rear lot shall be at least 12 feet wide, and constructed of a prepared surface such as concrete, brick/pavers, or asphalt.

3. All newly constructed structures on the site must comply with current fire code requirements, including, but not limited to, the installation of interior fire sprinklers.

4. All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or an onsite fire hydrant or standpipe. A new parcel with structures exceeding a 150-foot hose-pull distance shall comply with Fire Marshal requirements, including, but not limited to, the provision of a minimum 20-foot wide paved access route/driveway for emergency Fire Department access.

B. Urban Lot Split applications shall require Fire Prevention Bureau review of proposed subdivision plans for compliance with the above standards. The applicant must pay the City's costs for plan review.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

Editor's note— Ord. No. 24-1007, § V(Exh. B), adopted March 18, 2024, set out provisions intended for use as § 11.87.110. For purposes of classification, and at the editor's discretion, these provisions have been included as § 11.87.120.

Any standard that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 SF in floor area must be set aside. Objective standards will be set aside in the following order until the site can contain two 800 SF units:

1. Lot Coverage;

2. Floor Area Ratio;

3. Open Space;

4. Tree Preservation;

5. Articulation; and

6. Second Floor Setback.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

Editor's note— Ord. No. 24-1007, § V(Exh. B), adopted March 18, 2024, set out provisions intended for use as § 11.87.120. For purposes of classification, and at the editor's discretion, these provisions have been included as § 11.87.130.

A. Within a resulting lot.

1. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

2. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an Urban Lot Split.

3. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

4. No timeshare, as defined by state law or the Montclair Municipal Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

B. Between resulting lots.

1. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance.

2. If any attached structures span or will span the new lot line, the owner must record appropriate CC&R's, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

Editor's note— Ord. No. 24-1007, § V(Exh. B), adopted March 18, 2024, set out provisions intended for use as § 11.87.130. For purposes of classification, and at the editor's discretion, these provisions have been included as § 11.87.140.

A. Residential-only. No non-residential use is permitted on any lot created by the Urban Lot Split.

B. No Short-Term Rentals. No dwelling unit on a lot that is created by an Urban Lot Split may be rented for a period of less than 30 days.

C. Owner Occupancy. The applicant for an Urban Lot Split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the Urban Lot Split is approved.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

Editor's note— Ord. No. 24-1007, § V(Exh. B), adopted March 18, 2024, set out provisions intended for use as § 11.87.140. For purposes of classification, and at the editor's discretion, these provisions have been included as § 11.87.150.

A. At least 30 business days before starting any construction of a structure on a lot created by an Urban Lot Split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

1. Notice that construction has been authorized;

2. The anticipated start and end dates for construction;

3. The hours of construction;

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

5. Contact information for the Building & Safety Division.

B. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

Editor's note— Ord. No. 24-1007, § V(Exh. B), adopted March 18, 2024, set out provisions intended for use as § 11.87.150. For purposes of classification, and at the editor's discretion, these provisions have been included as § 11.87.160.

The owner must record a deed restriction on each lot that results from the Urban Lot Split, on a form approved by the City, that does each of the following:

A. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

B. Expressly prohibits any non-residential use of the lots created by the Urban Lot Split.

C. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

D. States that:

a. The lot is formed by an Urban Lot Split and is therefore subject to the City's Urban Lot Split regulations, including all applicable limits on dwelling size and development.

b. Development on the lot is limited to the development of residential units under this Chapter, except as required by state law.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

Editor's note— Ord. No. 24-1007, § V(Exh. B), adopted March 18, 2024, set out provisions intended for use as § 11.87.160. For purposes of classification, and at the editor's discretion, these provisions have been included as § 11.87.170.

A. Notwithstanding anything else in this Chapter, 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 § 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 (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 Division staff and others as necessary in making a finding of specific adverse impact.

(Ord. No. 24-1007, § V(Exh. B), 3-18-24)

Editor's note— Ord. No. 24-1007, § V(Exh. B), adopted March 18, 2024, set out provisions intended for use as § 11.87.170. For purposes of classification, and at the editor's discretion, these provisions have been included as § 11.87.180.