9-8 - Urban Lot Splits.

This section provides the definitions, permit requirements, processing procedures, and standards for urban lot splits proposed in compliance with California Government Code section 66411.7.

a.

Purpose and Applicability. It is the intent of these regulations to support urban lot splits to accommodate the construction of SB 9 dwelling units on parcels zoned rural residential (RR), very low density residential (RVL), low density residential (R1), and medium density detached residential (R4) as well as those properties zoned planned district (PD) and assigned the rural residential (RR), very low density residential (RVL), low density residential (R1) or medium density detached residential (R4) land use designations of the Novato General Plan, consistent with Government Code section 66411.7 and local regulations.

b.

Definitions. For the purposes of this section, terms used herein that are identical to the terms used in California Government Code sections 65852.21 and 66411.7 shall have the same meaning as those terms defined in said Government Code sections. Where terms used herein are identical to the terms used in chapter IX (land subdivision) and chapter XIX (zoning), the definitions provided in this section shall control, unless otherwise specified in this section. Notwithstanding the foregoing, the definitions below shall apply to the following terms as used in this section:

1.

Accessory Dwelling Unit (ADU). As defined in chapter XIX (zoning).

2.

Junior Accessory Dwelling Unit (JADU). As defined in chapter XIX (zoning).

3.

Nonconforming Zoning Condition. A physical improvement on a parcel that does not conform with current zoning standards.

4.

Parcel Map. As defined in section 9-5 (definitions).

5.

Primary Dwelling Unit (or "primary unit," "primary dwelling," "primary single-family dwelling," "primary unit single-family dwelling," or "primary residence"). A permitted or otherwise legal single-family dwelling unit that is the main residential unit on a lot.

6.

Senate Bill 9 (SB 9) Development. A proposed housing development containing no more than two new residential units within a single-family zone, subject to the qualifying criteria and provisions contained in section 19.34.029 and the provisions identified in California Government Code section 65852.21.

7.

SB 9 Dwelling Unit. A dwelling unit that is developed using the provisions in section 19.34.029 and the provisions identified in California Government Code section 65852.21.

8.

Urban Lot Split. A subdivision involving the division of an existing legal parcel in a single-family residential zone into no more than two parcels, as described in this section and California Government Code section 66411.7.

c.

Land Use, Zoning, Density, and Eligibility.

1.

Parcels created by an urban lot split shall only be developed with residential uses pursuant to the standards and requirements of section 19.34.029 and all applicable provisions of the Novato Municipal Code.

2.

An urban lot split shall only be permitted for parcels zoned rural residential (RR), very low density residential (RVL), low density residential (R1), and medium density detached residential (R4) as well as those properties zoned planned district (PD) and assigned the rural residential (RR), very low density residential (RVL), low density residential (R1) or medium density detached residential (R4) land use designations of the Novato General Plan.

3.

An urban lot split is not subject to the density requirements of the Novato General Plan or Novato Municipal Code or to the maximum density or unit count stipulated in any master plan and/or precise development plan applicable to properties zoned planned district (PD) and assigned the rural residential (RR), very low density residential (RVL), low density residential (R1) or medium density detached residential (R4) land use designations of the Novato General Plan.

4.

An urban lot split shall be allowed on parcels located in the single-family residential zones listed under subsection 2. above, unless the urban lot split does not meet the requirements set forth in Government Code section 66411.7(a)(l)—(3).

5.

Occupancy Requirements.

(a)

Owner Occupancy Required. The owner of a parcel being subdivided pursuant to Government Code section 66411.7 shall occupy one of the housing units existing or constructed on one of the parcels created by the urban lot split as their principal residence for a minimum of three years from the date of approval of the parcel map for an urban lot split.

(b)

Owner Occupancy Affidavit. The owner shall sign an affidavit stating their intent to occupy one of the housing units existing or constructed on one of the parcels created by the urban lot split as their principal residence for a minimum of three years from the date of approval of the parcel map for an urban lot split.

(c)

Minimum Occupancy Period. Any dwelling unit located on a parcel created through an urban lot split process, pursuant to this section, shall be rented to the same person or persons for a term of 31 consecutive calendar days or longer.

d.

Maximum Number of Units. No more than two dwelling units shall be permitted on any lot created through an urban lot split.

e.

Nonconforming Zoning Condition. Notwithstanding the provisions of chapter XIX (zoning), the approval of an urban lot split satisfying the requirements of this section and Government Code section 66411.7 shall not be contingent on the correction of any existing nonconforming zoning condition as defined by this section.

f.

Effect of Other Ordinances, Policies, and Regulations. Unless otherwise specified by this section, urban lot splits shall comply with all applicable ordinances, policies and regulations of this title. Accordingly, an applicant for an urban lot split shall modify a proposed urban lot split in order to comply with all applicable ordinances, policies, and regulations of this title. If no configuration of an urban lot split can conform to all applicable ordinances, policies, and regulations of this title, then a property owner shall be entitled to deviate from applicable ordinances, policies and regulations in accordance with Government Code section 66411.7.

g.

Parcel Map and Application Requirements.

1.

Parcel Map Requirements.

(a)

Parcel Map. An urban lot split shall require the submittal of an application for a parcel map prepared in accordance with the provisions of the Subdivision Map Act (Government Code section 66410 et seq.) and chapter IX (land subdivision).

(b)

Development Standards. A parcel map for an urban lot split shall be subject to all objective standards stipulated in the Novato Municipal Code chapter V (development standards), except any such standards that require right-of-way dedications or off-site improvements.

(c)

Minimum Parcel Size. An urban lot split shall not result in the creation of a parcel smaller than 40 percent of the gross area of the original parcel proposed for subdivision. In no instance shall a resulting parcel be less than 1,200 square feet in gross area.

(d)

Access to Public Right-of-Way. All parcels created through an urban lot split shall have access to, provide access to, or adjoin the public right-of-way. Such access shall be delineated, defined, and recorded through an easement to guarantee access crossing the other parcel subject to, or created by the urban lot split.

(e)

Easements Required. Easements shall be required to ensure the provision of public services and facilities.

2.

Application Submittal Requirements. The submittal requirements for a parcel map to permit an urban lot split shall be established by separate policy published by the city.

h.

Action, Notice, and Time Limit and Extension.

1.

Ministerial Action. The city shall render a ministerial decision without a public hearing on an urban lot split application in accordance with the review procedures stipulated in Government Code section 66411.7. Notwithstanding the foregoing, the city may deny an urban lot split if the chief building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in subsection (d)(2) of section 65589.5 of the Government Code, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2.

Appeal. The decision to approve or deny a parcel map for an urban lot split is final and not subject to appeal.

3.

Noticing. The city shall prepare and issue a courtesy notice for an urban lot split in compliance with the provisions of division 19.58 for land divisions.

4.

Time Limit and Extension. A parcel map approved pursuant to this code that is not recorded within 24 months of the date of approval shall expire and become void, except where an extension of time is requested by the subdivider. A maximum extension of 12 months may be approved by the city.

i.

Preemption. In the event of an inconsistency between the provisions of this section and Government Code section 66411.7, as may be amended or renumbered from time to time, the latter shall prevail.

(Ord. No. 1725, § 5(Exh. A), 7-22-2025)