Division 17.54 — URBAN LOT SPLITS AND TWO-UNIT HOUSING DEVELOPMENTS (SB 9)

Sections

17.54.010 Purpose and intent 17.54.020 Permit requirement 17.54.030 Definitions 17.54.040 Permit Application and review procedures 17.54.050 Urban Lot Split Standards 17.54.060 Two-Unit Housing Development Standards 17.54.070 Accessory Dwelling Units 17.54.080 Waivers from Standards

The State Legislature has declared that local jurisdictions must allow for a ministerial review of up to two residential dwelling units on each lot where single-family uses are authorized, and urban lot splits in order to allow for the construction of additional housing units. (Government Code Sections 66411.7 and 65852.21.) Proposed housing developments of up to two dwelling unit and urban lot splits in Zones A and E shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development or urban lot split meets all of the applicable requirements. Urban lot splits and housing developments of up to two dwellings units shall not be allowed in Zones B, C, and D. This division shall adhere to the Government Code sections referenced below, which Government Code provisions may be amended from time to time. This division shall be interpreted in accordance with state law requirements.

A. SB9 – Urban lot split permit. A permit is required for an urban lot split in Zones A and E in accordance with the provisions of Government Code Section 66411.7.

B. SB9 – Two-unit housing development permit. A permit is required for a housing development of up to two units in Zones A and E in accordance with the provisions of Government Code section 65852.21.

C. An application for a two-unit housing development permit may be submitted in conjunction with an urban lot split permit application.

D. Building permit. A building permit shall be required for construction of any proposed new dwelling units.

In this division:

Accessory dwelling unit or “ADU” shall have the same meaning as specified in Section 17.38.020 of the Piedmont City Code.

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Existing dwelling unit means a primary dwelling unit or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where more than 50 percent of the exterior wall framing has been removed or altered. Any existing dwelling unit where more than 50 percent of the exterior wall framing has been removed is considered a new dwelling for purposes of this division.

Flag lot means a parcel that has less than the minimum required frontage on a public road and has access to the public right-of-way by a narrow strip of land, with the largest portion of the lot being situated behind adjoining lots which front a public right-of-way.

Junior accessory dwelling unit or “ JADU ” shall have the same meaning as specified in Section 17.38.020 of the Piedmont City Code.

Panhandle lot is a lot containing a narrow strip of land that is connected on its shorter side (b) to the larger portion of the lot where the narrow strip does not provide access to the public right-of-way, and the length of the shorter side (b) of the narrow strip of land is less than 50 percent of the parallel width (a) of the larger portion of the lot.

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Primary dwelling unit means a single-family residence or a residential unit within a multifamily residential development. A primary unit is distinct from an ADU or a JADU. Examples of primary units include a single-family residence (i.e., one primary unit) and a duplex (i.e., two primary units).

SB 9 dwelling unit or SB 9 unit means a dwelling unit that is developed using the provisions in this division and the provisions identified in California Government Code Section 65852.21.

Two-unit housing development means a development containing no more than two primary dwelling units. A two-unit housing development may include two new units or one new unit added to an existing unit.

Unusual shape means (1) a parcel with more than 6 sides; (2) a parcel created by a lot split that necessitates more than three property line segments; (3) a panhandle lot; or (4) a parcel where an interior angle is less than 50 degrees unless the curvature of an existing street or lot line precludes the possibility of a corner that meets the angle requirement.

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Urban lot split means the subdivision of a parcel within a residential single-family zone into no more than two parcels pursuant to the authority set forth in Government Code section 66411.7.

A. Application.

1. Application. An owner is required to submit an application for an urban lot split permit and a two-unit housing development permit. An application for an urban lot split may be submitted concurrently with an application for a two-unit housing development. A complete application will be reviewed for conformance with this division and the applicable standards by the Planning & Building Director.

2. Application fee. The owner shall pay an application fee in the amount established by City Council resolution.

3. Affidavit. Upon the submittal of an urban lot split application, the property owner must sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum period of three years from the date of the lot split. If there is no residence existing on either lot, the applicant shall sign the affidavit stating that they will intend to live in one of the new units for a minimum of three years.

B. Ministerial Review. The Director shall review each application ministerially to determine if the development standards in section 17.54.050 are met for an urban lot split or the development standards in section 17.54.060 are met for a two-unit housing development. The Director will review the application without notice or public hearing, and shall approve the application of the application meets the applicable requirements of the division.

C. Subdivision Map Act. An application for an urban lot split permit must adhere to the objective requirements outlined in the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. A tentative map shall be submitted to the City Engineer for a lot split application.

D. Inconsistencies. If the proposed urban lot split or two-unit housing development is inconsistent with applicable requirements, the planning director shall provide the applicant notice describing the inconsistency(ies) in the same manner prescribed by Government Code section 65589.5(j)(2).

E. Decision and conditions. The Director shall render a decision in writing and shall state the reasons for approval or denial. The decision of the Director shall be final. The City may deny an urban lot split permit or a two-unit housing development permit if the Director 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 paragraph (2) of subdivision (d) of Section 65589.5, 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.

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The Director may not approve an application for an urban lot split permit unless the project conforms to all of the standards listed below. A waiver may be granted for an exception to the standards as described under section 17.54.080.

A. Size Requirements

1. The parcel subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

2. The newly created parcels are no smaller than 1,200 square feet.

B. Location Requirements

1. The parcel is not located in an area identified in subparagraphs (B) to (K) of paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code.

   • a. The parcel is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

   • b. The parcel is not located on a hazardous waste site, as defined by Government Code Section 65913.4(a)(6)(H).

   • c. The parcel is not located within a special flood hazard area subject to inundation by the one percent annual chance flood (one hundred (100)- year flood) as defined by Government Code Section 65913.4(a)(6)(G).

   • d. The property is not located within a regulatory floodway, as defined by Government Code Section 65913.4(a)(6)(H).

2. The proposed urban lot split would not require demolition or alteration of the housing types listed in Government Code section 66411.7(a)(3)(D)(i)-(iv). following types of housing:

   • a. 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.

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

   • c. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 of the California Government Code (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

   • d. Housing that has been occupied by a tenant in the last three years.

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3. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4. The parcel has not been established through prior exercise of an urban lot split as provided for in this division.

5. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this division.

C. Lot Configuration

1. Access to Public Right-of-Way. The new parcel shall have vehicular access to the public right-of-way, either through direct lot frontage or an easement through the existing parcel.

2. Existing Dwelling Unit. If an urban lot split is proposed for a property with an existing dwelling unit, the split must result in the existing dwelling unit being completely located on one parcel.

3. Lot Frontage. The lot shall have a minimum frontage of 60 feet, unless the frontage requirement precludes the development of two lots containing an 800 square foot primary structure. A new lot may be accessed via an easement across a pre-existing lot that contains street frontage.

4. Flag Lots. Flag lots are not permitted under an urban lot split permit. If a new parcel is created without direct access to the public right-of-way, an easement shall be provided through the original lot. The easement shall meet the following requirements:

   • a. The easement shall have a minimum width of 12 feet.

   • b. The easement shall provide access for utilities to be connected to the public rightof-way.

5. The side line of all lots shall be at right angles to the street which the lot faces, or approximately radial to the center of the curvature, if the street is curved. Side lines of lots shall be approximately radial to the center of the curvature of a cul-de-sac on which the lot faces.

6. For a newly created lot that is located in both Piedmont and Oakland, the applicant shall obtain all the required permits in both jurisdictions.

7. Lots of an unusual shape, as defined in section 17.54.030, are not permitted.

8. Access to the new lot shall meet the driveway width and slope standards outlined in Chapter 3.07 of the Piedmont Design Standards and Guidelines.

D. Utilities

1. The new parcel shall have separate utilities, including but not limited to electric, gas, water, and sewer. The new parcel shall adhere to the standards outlined in the Piedmont Public Works Standards.

2. Utility easements shall be recorded prior to final map recordation.

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The Director may not approve an application for a two-unit housing development permit unless the project conforms to all of the standards listed below. A waiver may be granted for an exception to the standards as described under section 17.54.080.

A. Size.

• a. The SB 9 unit is no more than 800 square feet in size.

• b. For an SB 9 unit that exceeds the 800 square foot size limit, the SB 9 unit shall meet the floor area ratio criteria for the underlying zoning district, unless the development falls under section E below.

• B. Height. The maximum height of a new SB 9 unit shall meet the requirements of the underlying zoning district.

• C. Setbacks.

  • a. The side and rear setback is four feet for an SB 9 unit in any zone.

  • b. The street-side setback, including for corner lots, is 20 feet.

  • c. For the development of a new SB 9 unit within an existing structure that does not meet the four-foot setback requirement, the new unit is allowed to keep the nonconforming condition so long as the nonconformity is not increased within the setback area. The converted structure must be in the same footprint and dimensions as the existing non-conforming structure.

• D. Parking. New SB 9 units are required to have at least one parking space that meets the size requirements in Section 17.30 of the Piedmont City Code. If the parcel is located within onehalf mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code, then parking is not required for the new SB 9 unit.

• E. Lot Coverage.

  • a. When a two-unit housing development is proposed on a new lot created pursuant to the urban lot split provisions specified in this division, the new SB 9 unit(s) shall conform to the structure coverage, landscape coverage, and floor area ratio of the underlying zoning district.

  • b. When a new SB 9 unit is constructed on a lot with an existing dwelling unit, the floor area ratio may exceed the code required maximums so long as structure and landscape coverage conform to the requirements of the underlying zoning district.

• F. Path of Travel. The path of travel to the new SB 9 unit shall be clearly marked by providing an address marker visible from the street and at the main entry door to the new unit. If needed, path lights shall also be installed. The path of travel shall have a minimum width of 3 feet.

Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) are permitted on a parcel that has undergone an SB9 urban lot split or is a two-unit housing development that conforms with California Government Code Sections 65852.2 (ADUs) and 65852.22 (JADUs). Once a parcel has been divided pursuant to the urban lot split provisions, the maximum number of dwellings on each resulting parcel, inclusive of any ADUs or JADUs, is two. On a parcel with a two-unit housing development, the maximum number of units allowed is four (inclusive of two primary units, an ADU, and a JADU).

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• A. An applicant may request a waiver from the development standards provided in this division if the following criteria are met:

  1. Application. The applicant requests an exception as a part of the application materials.

  2. Approval Authority. The exception request shall be submitted to the Director for review. The Director shall determine if the exception meets the standards for approval.

  3. Standards for Approval. An exception from a development standard shall be granted if the standard would have the effect of physically precluding:

     • (1) an urban lot split where the minimum lot size is at least 1,200 square feet for both parcels; or

     • (2) the construction of up to two units, or precluding either of the two units from being at least 800 square feet in floor area.

A waiver cannot be approved for an application that proposes new construction within the four-foot side and rear setbacks. (Ord. 772 N.S., 03/2024)

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