18.23 — PARCEL MAPS FOR URBAN LOT SPLITS

This chapter serves to implement 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 pursuant to Government Code Section 66411.7 to create one additional lot in the R-20,000, R-10,000, R-8,400, R-7,200, and R-6,000 Zones or areas designated for single-family residential or areas designated for single-family residential within a specific plan.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

(a)

An application for a tentative parcel map for an urban lot split shall be filed with the Planning Division 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 Director through an application form.

(b)

The application shall be accompanied by the required application fee(s), as established by resolution of the City Council.

(c)

A tentative parcel map for an urban lot split shall be prepared by a licensed surveyor 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 Director.

(d)

In addition to the items identified in subsection (c) of this section, the following 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 and General Plan land use designation;

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;

g.

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

h.

The location of access to the public right-of-way, whether through easement or direct access;

i.

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

j.

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

(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 Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 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 or Government Code Section 66411.7;

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 or Government Code Section 66411.7;

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 approval of the urban lot split;

(3)

The establishment of a short-term rental shall be prohibited in all units on property that was subdivided pursuant to this chapter; and

(4)

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

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

The lot design and development standards set forth in Chapter 19.30 shall apply to urban lot splits.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

(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 residential development and design standards set forth in this code, or any other adopted Residential Design Guidelines 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. No. 1449, § 4(Att. A), 2-11-2025)

A lot created by a parcel map under this chapter shall not be further subdivided.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

(a)

The Director shall deny any application for a tentative parcel map for urban lot split if the Building Official makes written finding(s), based upon a preponderance of the evidence, that it would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(b)

An application for an urban lot split shall be considered and approved or denied within 60 days from the date the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved. If the City denies an application for a proposed urban lot split, the City shall, within the time period described in the preceding sentences of this paragraph, 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 application can be remedied by the applicant.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)

The provisions of this chapter shall sunset automatically without action of the City in the event California Government Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by State law.

(Ord. No. 1449, § 4(Att. A), 2-11-2025)