Chapter 19.90 — PARCEL MAPS FOR URBAN LOT SPLITS

This chapter serves to implement California Government Code Section 66411.7 to provide an owner an alternative method to subdivide a lot for residential development. For purposes of this chapter, “urban lot split” means the subdivision of an existing legal lot to create one additional lot in R-A and R-1 zoning districts or areas designated for single-unit residential within a planned community development plan or specific single-family residential use zone. (Ord. 2022-17 § 1 (Exh. A), 2022; Ord. 2023-22 § 890, 2023)

A. Filing. An application for a tentative parcel map for an urban lot split shall be filed with the Community Development Department by a record owner or owners of the property to be divided or their authorized agents. The required number of copies of the map shall be established by the Community Development Director through an application form.

B. Application Fee. The application shall be accompanied by the required application fee(s),
as established by resolution of the City Council. Such fees shall be in accordance with
California Government Code Section 66451.2 and shall not exceed the amount reasonably
required to administer provisions of this title.

C. Form and Content. A tentative parcel map for an urban lot split shall be prepared by a
licensed surveyor or civil engineer registered in the State of California in accordance with
the Subdivision Map Act and this Code. Maps shall meet the requirements in subsection
(D) of this section and shall be accompanied by other reports, exhibits, information and
materials as required by the Community Development Director. The Community
Development Director shall provide application forms and a list of required tentative map
information on request.

D. Supplemental Information. In addition to the items identified in subsection (C) of this
section, the following supplemental information shall be submitted with a tentative parcel
map application to establish compliance with the construction plans and all provisions of
this Code and applicable State law:

1. A map of appropriate size and to scale showing all the following:

a. Total area (in acreage and square feet) of each proposed lot;

b. Zoning district and General Plan land use category;

c. The location and use of all existing and proposed structures;

d. All required zoning setbacks for the existing and proposed lots;

e. The location of all existing water, sewer, electricity, storm drain, or gas service
lines, pipes, systems, or easements;

f. The location of all proposed new water, sewer, electricity, storm drain, lines,
pipes, or systems;

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City of Newport Beach, CA § 19.90.020 NEWPORT BEACH CODE § 19.90.020

g. The location of any proposed easements for access or public utilities to serve a
lot created by the subdivision;

h. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;

i. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and

j. Location of existing or proposed pedestrian pathway access to the public right-
of-way.

2. A statement of the owner, signed under penalty of perjury under the laws of
California, that:

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

i. 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;

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

iii. A lot or lots on which an owner of residential real property has exercised
the owner’s rights under California Government Code Section 7060 et seq.
to withdraw accommodations from rent or lease within fifteen (15) years
prior to the date that the development proponent submits an application;

iv. Housing that has been occupied by a tenant in the last three years;

b. The lot has not been established through prior exercise of an urban lot split under
this chapter;

c. Neither the owner of the lot being subdivided nor any person acting in concert
with the owner has previously subdivided an adjacent lot under the provisions
of this chapter;

d. The owner intends to occupy one of the housing units located on a lot created
by the parcel map as their principal residence for a minimum of three years from
the date of the recording of the final parcel map;

e. Rental terms of any unit created by the subdivision shall not be rented for a
period of less than thirty (30) days; and

f. The uses allowed on a lot created by the parcel map shall be limited to
residential uses.

E. Review Authority and Approval. If the Zoning Administrator determines, after consultation
with the City Engineer, that a tentative parcel map for an urban lot split meets all
requirements of this chapter and Section 20.48.205(B) (Permit and Review Procedures),
the Zoning Administrator shall approve the tentative parcel map. This action is a ministerial
action in compliance with the provisions of this chapter only. The findings under Section

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City of Newport Beach, CA § 19.90.020 SUBDIVISIONS § 19.90.080

F. Findings for Denial. The Zoning Administrator shall deny any application for a tentative
parcel map for urban lot split if the Zoning Administrator makes written finding(s), based
upon a preponderance of the evidence, that it would have a specific, adverse impact, as
defined and determined in California Government Code Section 65589.5(d)(2), 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.
(Ord. 2022-17 § 1 (Exh. A), 2022; Ord. 2023-22 § 891, 2023)

The lot design and development standards set forth in Section 20.48.205(B)(5) (Additional Standards for Urban Lot Splits) shall apply to urban lot splits. (Ord. 2022-17 § 1 (Exh. A), 2022)

Development.

A. No development, including grading, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development that complies with all the objective development and design standards in Sections 20.48.200 (Accessory Dwelling Units) and 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts), or any other adopted objective design standards in effect at the time a complete application is submitted.

B. A building permit for development of an urban lot split cannot be issued until the parcel map is recorded. (Ord. 2022-17 § 1 (Exh. A), 2022)

A lot created by a parcel map under this chapter shall not be further subdivided. (Ord. 2022-17 § 1 (Exh. A), 2022)

An amendment to an approved tentative parcel map for an urban lot split shall be processed in accordance with Section 19.12.090 (Amendments to Approved Tentative Maps). (Ord. 2022-17 § 1 (Exh. A), 2022)

Chapter 19.16 (Tentative Map Expiration and Extension) shall apply in the case of the expiration or extension of a tentative parcel map for an urban lot split. (Ord. 2022-17 § 1 (Exh. A), 2022)

Chapters 19.56 (Final Map Filing) and 19.60 (Final Map Review) shall apply to the filing and review of a final parcel map for an urban lot split. (Ord. 2022-17 § 1 (Exh. A), 2022)

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City of Newport Beach, CA