Portola Valley Municipal Code Ch. 17.13 SB 9 Lot Splits

The purpose of this chapter is to implement Senate Bill No. 9 (2021) ("SB 9") and to establish objective standards and regulations to govern the development of qualified Senate Bill 9 subdivisions and development projects on single family residential zoned properties within the Town of Portola Valley. The establishment of these regulations will result in the orderly subdivision and development of qualified SB 9 projects while ensuring that the new units are consistent with the rural character of the town and do not create any significant impacts with regards to fire and geologic safety, public infrastructure and public safety. This chapter shall be implemented and interpreted in conjunction with California Government Code Sections 65852.21 and 66411.7 and Chapter 18.27 (Standards for SB 9 Residential Development) of this Code.

(Ord. 2021-443 §3, 2021)

To be eligible for a lot split under this chapter, the parcel must meet the following requirements:

(a) The parcel is located in a single family residential zone (R-E, R-1 or M-R).

(b) Any lot split or development under this chapter and/or Chapter 18.27 shall comply with Resolution No. 2746-2017 (or successive resolution or ordinance) ("GEOLOGIC regulations") which governs construction on or near earthquake faults and traces and areas subject to active downslope movement as shown on the town's geologic and ground movement potential maps as updated from time to time.

(c) Any lot split or development under this chapter and/or Chapter 18.27 is prohibited on parcels smaller than one acre whose direct vehicular access is from a road or cul-de-sac which (1) has a single point of ingress/egress and (2) has a width of less than eighteen feet.

(d) Any lot split or development under this chapter and/or Chapter 18.27 must comply with the objective standards set forth in the latest update to the town's safety element.

(e) The parcel is not either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure approved by the voters of that jurisdiction.

(f) The parcel is not wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(g) The parcel is not 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.

(h) The parcel is not a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(i) The parcel is not within a delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the town's building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

(j) The parcel is not within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency provided:

(1) The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

(2) The site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

(k) The parcel is not within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

(l) The parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

(m) The parcel does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(n) The parcel is not on lands under conservation easement.

(o) The subdivision would not require the demolition or alteration 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) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

(4) Housing that has been occupied by a tenant in the last three years.

(p) The parcel is not located within an historic district or included on the state historic resources inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site that is designated or listed as a Town of Portola Valley or San Mateo County landmark or historic property or district pursuant to a Town of Portola Valley or San Mateo County ordinance.

(q) The parcel was not established through a prior exercise of an SB 9 lot split as provided for in this chapter.

(r) The parcel may not be adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with the owner has previously subdivided that adjacent parcel using the SB 9 lot split provisions in this chapter. For the purposes of this article, "any person acting in concert" with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner.

(Ord. 2021-443 §3, 2021)

(a) A parcel map showing the proposed lot split and a town-approved subdivision application shall be submitted to the town for all proposed lot splits under this chapter.

(b) A parcel map shall be prepared by a licensed land surveyor or civil engineer authorized to practice land surveying containing the information set forth below and any additional information published on the town's website.

(1) The SB9 lot split number;

(2) The scale, north point, and date of preparation;

(3) The date of preparation and space for future revision dates and the north point, scale, and key map;

(4) The name, address, and telephone number of the individual who prepared the parcel map and the registration or license number of the engineer or surveyor (signed and sealed);

(5) The parcel map boundaries and square footage and acreage to the nearest one hundredth of a square foot or acre. Town boundaries shall be indicated if they abut the proposed parcel map;

(6) The location and size of the existing drainage facilities;

(7) The lines of all easements, public and private, to which the lots are subject. The easements shall be clearly labeled and identified as to nature and purpose and, if already of record, their recorded reference given. Easements shall be denoted by fine dotted lines. Distances and bearings on the side lines of lots which are cut by easements shall be shown with the distance from a corner or angle point to the easement and the width of the easement along the lot line. The total length of the lot line and the exact location of the easement shall be clearly indicated. The width of the easements and the lengths and bearings of the lines shall be shown;

(8) Any limitation on right of access or nonaccess strips or reserve strips to and/or from roads and lots and other parcels of land;

(9) All major natural features, such as: streams and stream corridors; trees; rock outcrops; natural vegetation; earthquake faults and fault setbacks, wetlands and other environmentally sensitive areas, and known landslides;

(10) The names and numbers of adjacent subdivisions, showing the lot and block or assessor's parcel numbers of the adjoining lots and the names of the owners and parcel numbers of all adjacent lands;

(11) The location and an outline to scale of each existing building, structure, septic tank, and drainfield, noting whether or not it is to remain. The distances between all buildings and proposed property lines shall be shown;

(12) The existing and proposed public utility easements and their location and width;

(13) The existing and proposed formal and informal trails within, and adjacent to the subject parcel, and their location and width;

(14) The location and size of existing and proposed sanitary sewers, fire hydrants, gas and water lines, and power, telephone, and other public utilities. If sewage disposal is to be by septic tank and drainfield, the approximate locations of the drainfields, with one hundred percent of the expansion area, shall be shown, as well as the locations of the percolation test holes and a copy of the test results for review and approval by county department of environmental health;

(15) The location of areas subject to inundation or stormwater overflow and of all areas covered by water and the location, width, and direction of flow of all watercourses;

(16) The existing contours in the range of ten-foot intervals to a one-foot interval to produce one contour at least every fifty feet. The source of the topographical information shall be stated. The contour interval shall be uniform for the entire parcel map. If grading is proposed, the finished grades shall be clearly shown and supplementary cross sections showing the completed elevations of excavations and fills shall be provided. The quantity in cubic yards of cut and fill shall be stated. All grading shall be in conformance with the town's SB 9 objective standards checklist;

(17) Location of all existing single trees that have a trunk diameter of six inches or more, and multiple trunk trees that have one trunk of four inches or more; the diameter of each such tree at an elevation measured fifty-four inches above mean natural grade; the common name of each such tree, and a dotted line representing the actual drip line of each such tree. All such trees planned for removal shall be clearly labeled "to be removed,";

(18) The lot lines, approximate dimensions of all lots, and the areas of each lot.

(19) All required certificates required by the Subdivision Map Act; and

(20) The outline, to scale, of a conforming building site and drainfield and the location and grade of the existing and proposed driveways for each proposed lot. This is to provide assurance that at least one conforming and adequate building site exists that can accommodate two residential units on each lot subject to the requirements in the Municipal Code for SB 9 development, as well as adequate driveway access.

(c) A title report from a title company, dated within the last six months, giving the name of the owners and all easements and reservations of record affecting the land;

(d) Recorded documents for all easements, restrictions, and reservations of record affecting the land that are listed in the title report;

(e) A geotechnical report for the parcel;

(f) Will serve letters from all utility providers;

(g) Completed deed restriction prohibiting future lot splits pursuant to the requirements outlined in Section 17.13.040;

(h) Completed owner occupancy affidavit pursuant to the requirements outlined in Section 17.13.040;

(i) Completed property owner affidavit stating that all housing units on the lot proposed for demolition have not been occupied by a tenant within the previous three years from the date of application;

(j) Materials necessary to verify that all proposed buildings and parcels located within the state mapped very high fire hazard severity zones, special flood hazard areas, and earthquake fault zones, comply with current requirements for such areas;

(k) Materials necessary to verify that all existing buildings and structures will comply with setbacks of the base zoning district from all new lot lines, unless those setbacks would physically preclude development of an SB 9 unit(s) or the applicant intends to exercise their right for reduced setbacks in accordance with SB 9 and this Code, in which case such reduced setbacks authorized by SB 9 shall be verified.

(l) A guarantee of title or a letter from a title company certifying that the signatures of all persons whose consent is necessary to pass a clear title to the land being developed and all acknowledgments thereto appear on the proper certificates and are correctly shown on the parcel map, both as to consents to the making of such map and affidavits or dedications. Such guarantees shall be issued for the benefit of the town and the protection of the council and shall be continued complete up to the instant of the recordation of the parcel map;

(m) The completed application form and the required fee and deposit outlined in the municipal fee schedule; and

(n) Any other requirements established by the director of planning and building and published on the town's website.

(Ord. 2021-443 §3, 2021)

The following objective standards and regulations apply to all SB 9 lot splits under this chapter:

(a) The subdivision shall create no more than two new parcels of approximately equal area provided that neither parcel shall be smaller than forty percent of the lot area of the original parcel proposed for subdivision. In no instance shall any resulting parcel be smaller than one thousand two hundred square feet in area.

(b) The lot split shall contain no more than two residential dwelling units on each resulting lot, including existing and new units.

(c) As authorized by Government Code Section 65852.21 (f), parcels created under this chapter and Chapter 18.27 of this Code shall not contain an accessory dwelling unit or a junior accessory dwelling unit, except as authorized in Section 18.27.050(a)(3).

(d) Rental of all units created under this chapter shall be for a term longer than thirty days.

(e) Land uses of any units created under this chapter are limited to residential uses.

(f) Proposed lot lines shall be free of jogs in alignment, except where existing physical conditions and established property lines preclude the establishment of straight property boundaries, or such alignment would prohibit the creation of lots which are capable of being developed with two residential units that are at least 800 square feet each.

(g) Proposed lots shall provide residential and emergency vehicle access to or provide access to a public or private street. Such emergency vehicle access shall be in accordance with the Woodside Fire Protection District's standards.

(h) A twenty-five-foot-wide panhandle (for a flag lot) or an ingress/egress easement shall be provided for all new parcels that do not have direct frontage on a public or private road.

(i) The front parcel line of any newly created parcel shall be the parcel line that is closest to or parallel to the public or private road that serves the parcel.

(j) Easements for emergency access and public and private utilities shall be provided for any newly created parcel that does not front on a public or private street.

(k) Separate utility meters shall be provided for each parcel prior to recordation.

(l) All newly created parcels shall be connected to public sewer or provide a private wastewater system that is fully contained within the new parcel boundaries.

(m) Front and side setbacks shall be at least four feet. No setbacks shall be required for an existing structure on the parcel from a proposed property line.

(n) The subdivision is subject to all impact or development fees related to the creation of a new parcel.

(o) A note on the parcel map and a recorded deed restriction in a form approved by the town attorney shall be applied to all newly created parcels indicating that the parcel was split using the provision of this article and that no further subdivision of the parcels is permitted.

(p) The applicant for an SB 9 lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the Revenue and Taxation Code.

(q) The lot split shall comply with all objective standards of the State Subdivision Map Act and the map shall contain all required certifications.

(Ord. 2021-443 §3, 2021)

(a) Upon receipt of a subdivision application using the provisions of this chapter, the town shall notify all owners within a three-hundred-foot radius from the subject parcel that an application for a SB 9 lot split has been filed with the town.

(b) All applications for SB 9 lot splits shall be ministerially acted on by the planning and building director or designee without public hearings or discretionary review.

(c) If the application complies with all applicable objective requirements of this Code and the Subdivision Map Act, the planning and building director shall approve the application and the parcel map shall be recorded with the County of San Mateo.

(d) An application for an SB 9 lot split may be denied if:

(1) The planning and building director determines the application does not comply with all applicable objective requirements.

(2) The building official makes written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined in California Government Code Section 65589.5(d)(2), 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.

(e) There shall be no appeal rights from a decision made under this section.

(Ord. 2021-443 §3, 2021)

The director of building and planning shall have the authority to develop applications and forms and adopt regulations to implement this chapter.

(Ord. 2021-443 §3, 2021)

Lot splits approved under this section shall be subject to all applicable impact or development fees related to the development of a new dwelling unit, including but not limited to the inclusionary housing fee requirements set forth in Section 17.20.215. A lot split shall not be entitled to the density bonus set forth in Section 17.20.215.

(Ord. 2021-443 §3, 2021)