Monte Sereno Municipal Code Ch. 13.06 Urban Lot Splits

It is the purpose of this Chapter to provide procedures necessary for the implementation of Section 66411.7 of the Government Code pertaining to urban lot splits. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with Section 66411.7 of the Government Code, the provisions of this Title 13 shall apply to this Chapter.

(Ord. No. NS-228, § 6, 12-21-2021; Ord. No. NS-229, § 6, 1-4-2022)

A parcel map shall be required for all urban lot splits pursuant to Section 66411.7 of the Government Code. An application for a parcel map urban lot split shall be approved ministerially by the City Engineer where the applicant has paid the application fee, which may be established by resolution of the City Council, and demonstrates that the application meets all the following requirements:

A. The proposed urban lot split will create no more than two (2) new parcels, and each of the newly created parcels meets the following requirements:

1. Has at least one thousand two hundred (1,200) square feet in size,

2. Has at least forty percent (40%) of the lot area of the original parcel,

3. Has access to or adjoins the public right-of-way,

4. Has at least ten percent (10%) of the lot frontage of the original parcel, unless the applicant can demonstrate that this would have the effect of the effect of physically precluding the construction of two (2) units on either of the resulting parcels or would necessarily result in a unit size of less than eight hundred (800) square feet, in which case the applicant shall demonstrate the parcel has sufficient frontage to comply with any property access road requirements under the California Fire Code Section 503, and

5. New parcels shall maintain right angles to streets or radial to the centerline of curved streets.

B. The parcel to be subdivided is located within a single-family residential zone.

C. The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

D. The proposed urban lot split would not require demolition or alteration of any of the following types of housing:

1. 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.

2. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3. A parcel or parcels 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 to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

4. Housing that has been occupied by a tenant in the last three (3) years based on the date of the application for an urban lot split.

E. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City landmark or City heritage resource.

F. The parcel has not been established through prior exercise of an urban lot split provided for in Section 66411.7 of the Government Code and this Section.

G. 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 Chapter.

H. The proposed new parcels are intended for exclusively residential use.

I. The owner of the parcel to be subdivided signs an affidavit on the cover sheet of the Parcel Map under penalty of perjury declaring all of the following to be true:

1. The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three (3) years of the date of the application for an urban lot split.

2. The owner of the parcel intends to occupy one (1) of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.

3. The owner has not previously subdivided an adjacent parcel using an urban lot split.

4. The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an urban lot split. "Acted in concert" means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.

J. A minimum of one (1) off-street parking space shall be provided on each parcel except where the parcel meets one (1) of the following instances:

1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

2. There is a car share vehicle located within one (1) block of the parcel.

K. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure, and in all other circumstances a setback of four (4) feet from the side and rear lot lines shall be provided, unless the applicant can demonstrate that this would have the effect of the effect of physically precluding the construction of two (2) units on either of the resulting parcels or would necessarily result in a unit size of less than eight hundred (800) square feet. Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California licensed land surveyor.

L. The parcel map satisfies the objective requirements of the Subdivision Map Act and this Title regarding parcel maps, except as provided herein.

(Ord. No. NS-228, § 6, 12-21-2021; Ord. No. NS-229, § 6, 1-4-2022; Ord. No. NS-240, § 4, 11-7-2023)

A. Parcel Maps shall be prepared, filed and recorded in accordance with the Map Act. The City Engineer shall, from time to time, prepare and provide detailed specifications to any subdivider setting forth the specific requirements necessary for preparing, filing and recording a parcel map.

B. The subdivider for an urban lot split shall not be required to dedicate right-of-way, construct off-site improvements, or correct non-conforming conditions except as necessary for a parcel to have access to the right-of-way. Any work in the right-of-way shall be subject to the requirements of this Code.

C. In addition to other information requirement by this Title, an application for a parcel map for an urban lot split shall include the following:

1. Location of easements required for the provision of public services and facilities to each of the proposed parcels.

2. Location of any easements necessary for each parcel to have access to the public right-of-way.

D. The City Engineer shall deny the tentative map if any of the following is found:

1. The map fails to meet or perform one (1) of more objective requirements imposed by the Subdivision Map Act or by this Title. Any such requirement or condition shall be specified.

2. The Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

E. The City Engineer shall not reject an application solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. The City Engineer shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right-of-way. The City Engineer shall not require the correction of nonconforming zoning conditions.

(Ord. No. NS-228, § 6, 12-21-2021; Ord. No. NS-229, § 6, 1-4-2022; Ord. No. NS-240, § 4, 11-7-2023)

A. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof built on a parcel that is created by parcel map under this Chapter for a term that is thirty (30) days or less.

B. It shall be unlawful to use any parcel created by parcel map under this Chapter for any use other than a residential use.

C. Each parcel shall include no more than a single driveway unless the parcel has more than eighty (80) feet of contiguous street frontage.

D. Notwithstanding Section 10.06.140 or any other provision of this Code, no more than two (2) dwelling units shall be permitted on any parcel created under the provisions of this Chapter.

(Ord. No. NS-228, § 6, 12-21-2021; Ord. No. NS-229, § 6, 1-4-2022; Ord. No. NS-240, § 4, 11-7-2023)