Chapter 21.10 — PARCEL MAPS FOR URBAN LOT SPLITS IN SINGLE-FAMILY ZONES

This chapter sets forth special regulations applicable to the subdivision of a single family lot in the R-1 district (and R-1 subdistricts) or R-E district into two new lots, pursuant to California Government Code Section 66411.7 (SB 9, 2021).

(Ord. 5587 § 17 (part), 2023: Ord. 5542 § 16 (part), 2022: Ord. 5538 § 16 (part), 2021)

As used in this chapter:

(a) “Acting in concert” means pursuing a shared goal to split adjacent lots pursuant to an agreement or understanding, whether formal or informal.

(b) “Specific, adverse impact” means 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. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse, impact.

(c) “Unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 18.42.180, a primary dwelling unit, an accessory dwelling unit, or a junior accessory dwelling unit.

(d) “Urban Lot Split” means the subdivision of an existing legal parcel in the R-1 district (and R-1 subdistricts) or R-E district to create no more than two new parcels of approximately equal area, pursuant to this Chapter and California Government Code Section 66411.7.

(Ord. 5691 § 2, 2026: Ord. 5645 § 8, 2025: Ord. 5641 § 8 (part), 2024: Ord. 5587 § 17 (part), 2023: Ord. 5542 § 16 (part), 2022: Ord. 5538 § 16 (part), 2021)

The provisions of this chapter shall apply only to lots in the R-1 district (and R-1 subdistricts) or R-E zone district. Except as modified by this Chapter, all provisions of Title 21 shall apply to an application for urban lot split. An Urban Lot Split is not available in any of the following circumstances:

(a) A parcel described California Government Code Section 65913.4, subdivisions (a)(6)(B) through (a)(6)(K) inclusive, as that section read on September 16, 2021. Such parcels include, for example, parcels located in wetlands, in very high fire severity zones (unless the site has adopted certain fire hazard mitigation measures), and in special flood hazard areas or regulatory floodways (unless the site meets certain federal requirements for development).

(b) A parcel on which an owner of residential real property has exercised the owner’s rights under state law to withdraw accommodations from rent or lease within the past 15 years.

(c) A parcel that was created by prior exercise of an Urban Lot Split.

(d) A parcel adjacent to a parcel that was created by prior exercise of an Urban Lot Split by the owner, or a person acting in concert with the owner of the parcel sought to be split.

(e) The Urban Lot Split would require alteration or demolition 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) Housing that has been occupied by a tenant in the last three years.

(f) The Urban Lot Split is located within a historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section5020.1, or within a site that is designated or listed on the City’s historic inventory.

(g) The building official finds that the development would have a specific, adverse impact on public health and safety that cannot be feasibly mitigated or avoided.

(Ord. 5691 § 2, 2026: Ord. 5645 § 8, 2025: Ord. 5641 § 8 (part), 2024: Ord. 5587 § 17 (part), 2023: Ord. 5546 § 3 (part), 2022: Ord. 5542 § 16 (part), 2022: Ord. 5538 § 16 (part), 2021)

• (a) The minimum size for a parcel created by an Urban Lot Split is 1,200 square feet.

• (b) The lots created by an Urban Lot Split must be of approximately equal area, such that no resulting parcel shall be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

• (c) Where existing dwelling units on the property are to remain, no lot line may be created under this Chapter in a manner that would bisect any structure or that would result in more than two dwelling units on any resulting parcel.

• (d) Reserved.

• (e) Each parcel shall comply with any objective lot design standards for Urban Lot Splits adopted by the City Council and consistent with Chapter 66411.7 of the Government Code.

(f) Utility easements shall be shown on the parcel map, and recorded prior to, or concurrent with final parcel map recordation.

(g) A covenant necessary for maintenance of stormwater treatment facilities shall be recorded prior to, or concurrent with final map recordation.

(h) Existing driveways to be demolished shall follow the procedure(s) in 12.08.090 Elimination of abandoned driveway.

(i) A maintenance agreement shall be recorded to ensure shared maintenance of any shared access easements, stormwater treatment, landscaping and private utilities, prior to final parcel map recordation.

(Ord. 5691 § 2, 2026: Ord. 5646 § 8, 2025: Ord. 5645 § 8, 2025: Ord. 5641 § 8 (part), 2024: Ord. 5587 § 17 (part), 2023: Ord. 5546 § 3 (part), 2022: Ord. 5542 § 16 (part), 2022: Ord. 5538 § 16 (part), 2021)

(a) The director of planning is authorized to promulgate regulations, forms, and/or checklists setting forth application requirements for a parcel map for an Urban Lot Split under this Chapter. An application shall include an affidavit from the property owner, signed under penalty of perjury under the laws of California, that:

(1) The proposed urban lot split would not require or authorize demolition or alteration of any of the housing described in Section 21.10.030, subdivision (e).

• (2) The proposed urban lot split is not on a parcel described in Section 21.10.030.

• (3) 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 parcel map.

• (4) The rental of any unit on the property shall be for a term longer than 30 consecutive days.

• (5) The resulting lots will be for residential uses only.

• (b) A parcel map for an Urban Lot Split must be prepared by a registered civil engineer or licensed land surveyor in

accordance with Government Code sections 66444 – 66450 and this Chapter. Unless more specific regulations are

adopted by the director of planning, the parcel map shall be in the form and include all of the information required of a Preliminary Parcel Map by Chapter 21.12, as well as any additional information required of a Parcel Map by Chapter

• 21.16. In addition, the face of the Parcel Map shall contain a declaration that:

• (1) Each lot created by the parcel map shall be used solely for residential dwellings.

• (2) That no more than two dwelling units may be permitted on each lot.

• (3) That rental of any dwelling unit on a lot created by the parcel map shall be for a term longer than 30 consecutive days.

• (4) A lot created by a parcel map under this Chapter shall not be further subdivided.

(c) Upon receipt of a parcel map for an Urban Lot Split, the director of planning shall transmit copies to the city engineer, chief building official, director of utilities, chief of police, fire chief, director of transportation, and such other departments of the city, and any other agencies, as may be required by law or deemed appropriate.

(d) The director of planning shall cause a notice of the pending application to be posted at the site of the proposed Urban Lot Split and for notice to be mailed to owners and residents of property within 600 feet of the property.

(e) The director of planning shall ministerially review and approve a parcel map for Urban Lot Split if they determine that the parcel map application meets all requirements of this Chapter. The director of planning shall deny a parcel map application that does not meet any requirement of this Chapter.

(f) The director of planning shall consider and approve or deny an application for an urban lot split within 60 days from the date the City receives a completed application. If the director has not approved or denied the completed application within 60 days, the application shall be deemed approved.

(g) If the director denies an application for an urban lot split, the director shall, within 60 days of receipt of the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

(h) The Director of Planning shall determine the appropriate fee required for an application for parcel map for an Urban Lot Split, which may be the fee currently established for a Preliminary Parcel Map or Parcel Map. (Ord. 5691 § 2, 2026: Ord. 5645 § 8, 2025: Ord. 5641 § 8 (part), 2024: Ord. 5587 § 17 (part), 2023: Ord. 5546 § 3 (part), 2022: Ord. 5542 § 16 (part), 2022: Ord. 5538 § 16 (part), 2021)

This chapter shall remain in effect until such time as Government Code Section 66411.7 is repealed or superseded or its requirements for ministerial approval of an Urban Lot Split on a single family zoned lot are materially amended, whether by legislation or initiative, at which time this chapter shall become null and void.

(Ord. 5587 § 17 (part), 2023: Ord. 5542 § 16 (part), 2022: Ord. 5538 § 16 (part), 2021)