Paso Robles Municipal Code Ch. 22.34 Urban Lot Splits

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7. Applicable standards and the ministerial approval of urban lot splits pursuant to this chapter incorporates herein those objective, applicable standards from this Title 22, Subdivisions, of this Code. To the extent the standards for ministerial urban lot splits contained within this Section 22.34.010 are contrary to otherwise applicable provisions within this Title 22, Subdivisions, this section controls.

B. Definition. An "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

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 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. 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 thirty days after the application is submitted.

3. 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.

4. Any cross references to other sections of this code are applicable to the extent they:

a. Are objective;

b. Avoid physically precluding the construction of up to two units on a lot or either of the two units from being at least eight hundred square feet in floor area; and

c. Do not conflict with this Section 22.34.010. In the event of a conflict, the provisions of this Section 22.34.010 control.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the director of community development or designee, without discretionary review.

2. 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 one year after approval. The final map shall comply with the applicable sections of the subdivision map act and accepted by the city engineer and technically correct by the city surveyor.

3. The owner and applicant shall hold the city harmless from all claims and damages related to the approval within this section and its subject matter.

4. The owner and applicant shall reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements within this section.

5. The tentative parcel map shall be submitted with proof of its preparation by an appropriately licensed civil engineer or land surveyor licensed in the State of California.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.

a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), and all objective, implementing requirements within this Code, including within this Title 22, Subdivisions, except as otherwise expressly provided in this section.

b. If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:

(i) 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.

(ii) The city has all the remedies available to it under the SMA, including but not limited to the following:

(1) An action to enjoin any attempt to sell, lease, or finance the property.

(2) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(3) 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, or both; or a misdemeanor.

(4) Record a notice of violation.

(5) Withhold any or all future permits and approvals.

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

2. Zone. Urban lot splits shall only be allowed in the R1 zoning district.

3. Lot Location.

a. The lot to be split shall not be located on a site that is any of the following, described by any of the subparagraphs of California Government Code Section 65913.4(a)(6)(B)-(K), as may be amended from time to time:

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

(ii) A wetland.

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

(iv) A hazardous waste site that has not been cleared for residential use.

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

(vi) Within a one-hundred-year flood hazard area, unless the site either:

(1) Has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(2) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program and Chapter 21.80 of this code.

(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification and is in compliance with city's flood plain ordinance.

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

(ix) Habitat for protected species.

(x) Land under conservation easement.

4. Not Historic. The lot to be split shall not contain a structure listed on the city's historic resources inventory, be 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.

5. No Prior Urban Lot Split.

a. The lot to be split was not established through a prior urban lot split.

b. 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.

6. No Impact on Protected Housing. The urban lot split shall 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 that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the fifteen years prior to submission of the urban lot split application.

d. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7. Lot Size.

a. The lot to be split shall be at least two thousand four hundred square feet.

b. The resulting lots shall each be at least one thousand two hundred square feet.

c. Each of the resulting lots shall be between sixty percent and forty percent of the original lot area.

8. Easements.

a. The owner shall 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 shall be shown on the tentative parcel map.

c. Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final map may be approved, in accordance with subpart C2 above.

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 that the project has been withdrawn, which the owner may use to terminate the recorded easement.

9. Lot Access.

a. Each resulting lot must have frontage on the public right-of-way for a street of at least thirty feet.

b. Exception—Flag Lot Access. A flag lot shall adjoin the public right-of-way of a street with a minimum twenty-foot flag lot frontage, or as required by the California Fire Code.

10. Unit Standards.

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 Section 21.33.030 of this code, an ADU, or a JADU.

b. Unit Size.

(i) The total floor area of each primary dwelling that is developed on a resulting lot must be:

(1) Greater than or equal to eight hundred square feet of conditioned living space.

(ii) A primary dwelling, ADU or JADU that was legally established prior to the urban lot split and that is larger than eight hundred square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

(iii) A primary dwelling, ADU or JADU that was legally established prior to the urban lot split and that is smaller than eight hundred square feet may be expanded to eight hundred square feet after the urban lot split.

c. Height Restrictions.

(i) On a resulting lot that is larger than five thousand square feet, current R-1 height restrictions apply.

(ii) On a resulting lot between two thousand and four thousand nine hunded ninety-nine square feet, no new dwelling unit may exceed a single story or sixteen feet in height, measured from grade to peak of the structure.

(iii) On a resulting lot that is smaller than two thousand square feet, no new dwelling unit may exceed two stories or twenty-two feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

(iv) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

d. Lot Coverage. The maximum lot coverage shall be fifty percent for all main buildings (residential building, garages) and accessory buildings. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at eight hundred square feet each.

e. Open Space. All lots shall provide a usable, unobstructed natural or manufactured (graded) area ten feet in depth for each dwelling unit. "Usable" means that the slope is not more than five percent. Where a residential building is designed to be built into existing natural slopes, this requirement may be met by providing either a five-foot wide usable manufactured area no less than the full width of a dwelling unit, or a deck a minimum of ten feet in depth and no less than the full width of a dwelling unit. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at eight hundred square feet each.

f. Setbacks.

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

(ii) Exceptions. Notwithstanding subpart E10f(i) above:

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

(2) Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone shall 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 eight hundred square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

(iii) Front Setback Area. Structures that are constructed after an urban lot split shall conform to the objective front setbacks listed in Table 21.33.030-1 of this code, and shall yield to the degree necessary to avoid physically precluding the construction of up to two units on a lot or either of the two units from being at least eight hundred square feet in floor area. The front setback area must:

(1) Be kept free from all structures greater than three feet in height;

(2) Be landscaped consistent with the objective standards within Section 21.45.020 of this code;

(3) Allow for vehicular and fire-safety access to the front structure in compliance with relevant city authorities, including city engineering standards, the California Fire Code and any local amendments, and applicable standards within this code.

g. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one covered off-street parking space per unit unless a parking space shall not be imposed by the city pursuant to California Government Code Sections 65852.21(c)(1) or 66411.7(e)(3).

h. Architecture.

(i) 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.

(ii) 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, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(iii) Use of at least five of the following architectural features on all front and exterior side (corner lot) elevations, and at least three of the following architectural features on all interior and rear yard elevations, as appropriate for the building type and style, is required. Architectural features shall be varied on the different building elevations.

(1) Dormers;

(2) Gables;

(3) Recessed entries;

(4) Covered porch entries;

(5) Cupolas or towers;

(6) Pillars or posts;

(7) Eaves (minimum six-inch projection);

(8) Off-sets in building face or roof (minimum sixteen inches);

(9) Window trim;

(10) Bay or oriel windows;

(11) Balconies;

(12) Decorative patterns on exterior finishes (e.g. scales/shingles, wainscoting, ornamentation, and similar features); and

(13) Decorative cornices and roof lines (e.g. for flat roofs).

(iv) All exterior lighting must be limited to down-lights.

(v) No window or glass 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 window within ten feet. Privacy glass (such as frosted glass) may be used to provide screening and prevent a direct line of sight.

i. Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

j. Utilities.

(i) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

(ii) Notwithstanding subsection (i) above and any required state approvals, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system where sewer is not available in accordance with this paragraph and this Code. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified by a licensed civil engineer, within the last ten years.

k. Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

l. Reserved.

m. Slope. A maximum slope of twenty percent is permitted for each primary dwelling unit created pursuant to this section, with fifteen percent maximum slope permitted for any paved driveway on a resulting lot.

11. Fire-Hazard Mitigation Measures.

a. All dwellings on the site must comply with current building and fire code requirements for dwellings in a very high fire hazard severity zone.

b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart. The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city's costs for inspection. Failure to pay is grounds for denying the application.

12. Separate Conveyance.

a. Within a Resulting Lot.

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

(ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

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

b. Between Resulting Lots. 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. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

13. Regulation of Uses.

a. Residential-Only. No non-residential use is permitted on any lot created by 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 thirty days.

c. Owner Occupancy. The owner of a property subject to an urban lot split shall 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. The owner shall sign an affidavit stating that the owner will satisfy this requirement.

14. Notice of Construction.

a. At least thirty 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:

(i) Notice that construction has been authorized,

(ii) The anticipated start and end dates for construction,

(iii) The hours of construction,

(iv) Contact information for the project manager (for construction-related complaints); and

(v) Contact information for the community development department.

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.

15. Deed Restriction. The owner must record a deed restriction, acceptable to 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 thirty days.

b. Expressly prohibits any nonresidential 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:

(i) 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.

(ii) Development on the lot is limited to development of residential units under Section 21.33.030 of this code, except as otherwise provided or required by state law.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, 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.

2. "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:

a. Inconsistency with the zoning ordinance or general plan land use designation; or

b. The eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact."

(Ord. No. 1116, § 2, 12-7-2021; Ord. No. 1146 N.S., § 3(Exh. A, §§ 9—12), 10-1-2024)