Redlands Municipal Code Ch. 17.12 Urban Lot Splits into Two Residential Parcels

A. The form and contents, submittal, and approval of applications for tentative parcel maps for urban lot splits consisting of two (2) residential parcels pursuant to California Government Code Section 66411.7 shall be governed by the provisions of this Chapter.

B. Definition: An "urban lot split" means the subdivision of an existing, legally subdivided lot into two (2) lots in accordance with the requirements of this section.

C. Before submitting a development application for a subdivision subject to the streamlined, ministerial approval process described herein, the development proponent shall submit to the Development Services Department a preliminary application that includes all of the information described in California Government Code Section 65941.1, as that section read on January 1, 2020.

D. The City may only accept an application for streamlined, ministerial approval pursuant to this chapter if the procedures contained in Calif. Gov. Code Section 65913.4(b) and 65913.4(b)(3) regarding scoping and/or consultation with the applicable local tribal government(s) have been met.

E. A project shall not be eligible for the streamlined, ministerial process pursuant to this chapter if any of the conditions contained in Calif. Gov. Code Section 65913.4(b)(4) apply regarding tribal cultural resources. (Ord. 2985, 2025)

A. The tentative parcel map ("tentative parcel map") shall be prepared in a manner acceptable to the Development Services Department and shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents shall comply and be consistent with the requirements of Section 17.07.020 of this Title and the accompanying data and reports shall comply with and be consistent with Sections 17.07.030 through 17.07.050, inclusive, of this Title.

B. The required application submittal items shall include the following in addition to the subdivision or development application form:

1. Tentative Parcel Map that includes the statement, "For SB 9 Urban Lot Split," on the title page or cover sheet.

2. Supplemental application form for an urban lot split.

3. Chain of title for the last three (3) years, including a current title report dated no more than ninety (90) days prior to the date of application submittal.

4. Affidavit of owner-occupancy for a minimum period of three (3) years from the date of final map recordation of an urban lot split.

5. Evidence of property vacancy or owner occupancy (such as: property tax records, income tax records, utility bills, vehicle registration, or similar documentation).

6. For two-unit development projects under Title 18 of the Redlands Municipal Code (if applicable): a site plan with all information as listed on the development application form; and for properties with on-site septic systems, a Percolation Test conducted within the last five (5) years or a recertification obtained within the last ten (10) years.

C. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

D. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted. (Ord. 2985, 2025)

A. Department Review: The tentative parcel map application shall be filed with the Development Services Department for review in accordance with the applicable provisions of Section 17.07.060 of this Title. The application shall be completed on the form(s) provided by the Department and submitted with the applicable filing fee(s) adopted by City Council resolution. The Development Services Department or city engineer may waive, modify, or reduce any submittal requirements that may be in conflict with California Government Code Section 66411.7.

B. The individual property owner(s) of the subject property 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. Corporations, including but not limited to LLCs, are not eligible applicants because they cannot satisfy the three (3) year occupancy requirement. "Individual property owner" does not include any corporation or corporate entity or person of any kind (partnership, LP, LLC, C corp., S corp., etc.), except for a community land trust (as defined by Revenue & Tax Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue & Tax Code Section 214.15).

C. Subdivision Map Act Compliance:

1. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (SMA) (Government Code Section 66410 et seq.), including implementing requirements in this Code, except as otherwise expressly provided in this section.

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

a. 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.

b. 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 ($10,000.00), or both; or a misdemeanor.

(4) Record a notice of violation.

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

3. Notwithstanding Government Code Section 66411.1 of the SMA, no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split.

D. Zone: The lot to be split shall be located within a single-family residential zone. For purposes of this section, a single-family residential zone is one of the following: Single Family Residential (R-1 and R-1-D); Suburban Residential (R-S); Residential Estate (R-E and R-A); Residential Estate Animals (R-A-A); Residential Rural (R-R); Residential Rural Animals (R-R-A); and the single-family districts of adopted Specific Plans within the City.

E. Lot Location Criteria: The lot to be split is not located on a site that meets any of the applicable criteria contained in California Government Code § 66411.7(a)(3)(C) (and incorporating Government Code section 65913.4(a)(6)(B) - (K) by reference).

F. Objective Standards: The proposal shall be consistent with the objective planning standards, development standards, and engineering standards applicable to the design or improvements of a parcel. If the proposal conflicts with any objective planning standards, written documentation shall be provided to the applicant regarding which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within sixty (60) days of application submittal.

1. Lot Size: The following standards shall apply to urban lot splits:

a. The lot to be split must be a minimum of two thousand four hundred (2,400) square-feet in area.

b. The resulting lots must each be a minimum of one thousand two hundred (1,200) square-feet in area.

c. Each of the resulting lots must be between sixty percent (60%) and forty percent (40%) of the original lot area.

2. Setbacks And Yards: The proposed lots shall be designed to allow the existing and/or future dwelling units to comply with the applicable objective standards for yards and setbacks. This setback standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

3. Lot Coverage: The proposed lots shall be designed to allow the existing and/or future dwelling units to comply with the applicable objective standard for maximum lot coverage, to the extent practicable. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

G. Not Historic: The lot to be split must not be a historic property or within a historic district that is included in 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.

H. No Prior Urban Lot Split: The lot to be split must not have been established through a prior SB 9 urban lot split, and the lot to be split must not be adjacent to any lot that was established through a prior SB 9 urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

I. Easements:

1. The owner must 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.

2. Each easement must be shown on the tentative parcel map.

3. Copies of the unrecorded easement agreements must be submitted with the Development Application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with Section 17.12.050 of this Chapter.

4. 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 of termination of the easement, which the owner may record.

J. Lot Access: Each resulting lot shall have access to, provide access to, or adjoin a public right-of-way. The minimum access width shall be at least fifteen feet (15').

K. Utilities:

1. Development on each resulting lot shall be served by separate direct utility connections.

2. 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 (5) years or, if the percolation test has been recertified, within the last ten (10) years.

L. 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.

M. 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:

1. Housing that is income-restricted for households 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 policy power.

3. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (California Government Code Sections 7060 - 7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

4. Housing that has been occupied by a tenant in the last three (3) 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.

N. Nonconforming Conditions: An urban lot split may be approved without requiring a legal nonconforming zoning condition or lot standard to be corrected. This provision shall supersede Section 18.184.040 (Nonconforming Lots) of Title 18 of the Redlands Municipal Code for the duration that applicable State law remains in effect.

O. Fire Hazard Mitigation Measures: For a proposed subdivision on a lot that is located in a fire hazard severity zone (as defined by the California Department of Forestry and Fire Protection), the subject property shall comply with the applicable provisions of the California Fire Code, and any amendments thereto contained in the Redlands Municipal Code, that apply uniformly to development within the underlying zone.

P. Regulation Of Land Uses:

1. Residential Use Only: No non-residential use is permitted on any lot created by urban lot split.

2. No Short-Term Rental: No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days.

3. Owner Occupancy: The applicant for an urban lot split must sign an affidavit stating that the applicant/subdivider intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved.

Q. Deed Restriction Required: The owner shall record a deed restriction, acceptable to the City, that does each of the following:

1. Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.

2. Expressly prohibits any non-residential use of the lots created by the urban lot split.

3. States that the property 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. (Ord. 2985, 2025)

A. Upon receipt of a tentative parcel map application that is determined by the Development Services Department to be complete, the Department shall review the proposal and render a decision within the time limits prescribed by State law. An application for a tentative parcel map for an urban lot split is approved or denied ministerially, by the Development Services Director, without discretionary review.

B. The tentative parcel map may be approved or conditionally approved by the Development Services Director if staff finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this code. The Development Services Director may require as a condition of approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.

If no action is taken by the Development Services Director within sixty (60) days from the date the City receives a tentative map application, or such other time limits specified in applicable State law, the tentative parcel map, as filed, shall be deemed to be approved.

C. Conditions Of Approval:

1. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this chapter. 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 any easements.

2. The approval shall require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

3. The approval shall require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

4. Other conditions of approval may be attached to enforce any other requirements, including, but not limited to: applicable development standards; standard requirements; engineering design requirements or other design regulations; and any other conditions to protect the public health, safety, and general welfare.

D. Denial: The tentative parcel map may be denied by the Development Services Director on any of the grounds or objective standards provided by the Subdivision Map Act, California Government Code Section 66411.7, or this Code. The Development Services Director shall deny approval of the tentative parcel map if the Department makes any of the following findings to the extent they are related to the design or to improvements of a parcel, consistent with Calif. Gov. Code section 66411.7:

1. That the proposed map is inconsistent with objective zoning standards, objective subdivision standards, or objective design review standards that are related to the design or to improvements of a parcel;

2. That the site is not located within a single-family residential zone;

3. That the site is a designated historic property or located within a historic district;

4. That the project site or design of the subdivision does not meet the applicable criteria and requirements of California Government Code Section 66411.7, California Government Code Section 65913.4 (subparagraphs (B) to (K), inclusive, of paragraph 6 of subdivision (a)), or the Subdivision Map Act;

5. That the proposed lot split would have a specific, adverse impact upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; or

6. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; provided, however, the Development Services Director may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Development Services Director to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

E. 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 public health and safety 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 the California Government Code Section 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 (1) inconsistency with the zoning ordinance or general plan land use designation or (2) 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, Engineering staff, and others as necessary in making a finding of specific, adverse impact.

F. Notice Of Denial: If an application for an urban lot split is denied, then the Development Services Director shall notify the applicant within sixty (60) days from receipt of the application and provide 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. (Ord. 2985, 2025)

A. The following conditions of approval shall be applied to all urban lot splits, in addition to the other standard conditions of approval, design requirements, and standard requirements that are otherwise applicable to subdivision maps as authorized by the Subdivision Map Act and California Government Code Section 66411.7.

1. Affidavit signed by the property owner guaranteeing owner-occupancy for a minimum period of three (3) years from the date of final map recordation, and agreement by the property owner for verification of compliance upon request by the City.

2. For Urban Lot Split Subdivisions (If Applicable): Execution and recordation of a deed restriction entitled "Occupancy, Land Use, and Development Restriction Agreement for Urban Lot Split" within thirty (30) days of map approval.

3. For Two (2) Unit Development Projects (If Applicable): Execution and recordation of a deed restriction entitled "Occupancy, Land Use, and Development Restriction Agreement for Two-Unit Development" within thirty (30) days of development approval.

4. Prohibit short-term rental for less than thirty (30) days of any units created through an SB 9 urban lot split or two-unit development.

B. Conditions of approval shall not be imposed that conflict with the applicable provisions of California Government Code Section 66411.7 for urban lot splits, including requiring any: dedication of right-of-way; construction of off-site improvements; correction of nonconforming zoning conditions or improvements; any additional on-site parking spaces (if the criteria and provisions of current State law are met); or other provisions in State law.

C. The Development Services Director may modify or delete any of the additional conditions of approval recommended in the department's report. The Development Services Director may add additional requirements as conditions of approval. (Ord. 2985, 2025)

Appeal of the decision by the Development Services Director with respect to the tentative parcel map for urban lot split shall be made to the planning commission or city council in accordance with the provisions of Section 18.193.070 of Title 18 of the Redlands Municipal Code. (Ord. 2985, 2025)

A. The approval or conditional approval of a tentative parcel map shall expire six (6) months from its approval by the Development Services Director, unless the expiration date is extended for not more than six (6) months in accordance with the provisions of Section 17.07.120 of this Title.

B. The subdivider may request an extension of the expiration date for action in accordance with the provisions of Section 17.07.120 of this Title, except that the Development Services Director shall be responsible for the review of the request. The Development Services Director may approve, conditionally approve, or deny the request for an extension.

C. The subdivider or any interested person adversely affected may appeal the action of the Development Services Director to the planning commission or city council in accordance with the provisions of section 18.193.070 of Title 18 of the Redlands Municipal Code. (Ord. 2985, 2025)

A. Amendments to the approved or conditionally approved tentative parcel map or conditions of approval shall be made in accordance with Section 17.07.130 of this Title; provided that amendments, which in the opinion of the department are not minor, shall be presented to the Development Services Director for approval. Processing shall be in accordance with the provisions for processing a tentative parcel map as set forth in this title. Any approved amendment shall not alter the expiration date of the tentative parcel map.

B. Extension Of Time: The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative SB 9 map by written application to the department with the payment of applicable filing fees established by resolution of the City Council. The application shall be filed not less than thirty (30) days before the map is to expire and shall state the reasons for requesting the extension. One extension may be granted for a period not to exceed one hundred eighty (180) days. The Development Services Director may approve, conditionally approve, or deny the request for an extension. The subdivider or any interested person adversely affected may appeal the action of the Development Services Director to the planning commission or city council in accordance with the provisions of section 18.193.070 of this Code. (Ord. 2985, 2025)

The form and contents, submittal, approval and filing of final parcel maps shall conform to the provisions of the subdivision map act and this section.

A. Survey Required: An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the parcel map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

B. Form And Contents: The form and contents of the parcel map shall conform to the final map form and contents requirements of Sections 17.09.040 and 17.09.050 of this Title.

C. Preliminary Submittal: The subdivider shall submit prints of the parcel map to the city engineer for checking. The preliminary prints shall be accompanied by copies of the data, plans, reports and documents as required for final maps by Section 17.09.060 of this Title.

The city engineer may waive any of the requirements if the location and nature of the proposed subdivision does not justify compliance with the requirements of Section 17.09.060 of this Title.

D. Review And Approval By Development Services Department: The Development Services Director or his/her designee shall review the parcel map and the subdivider shall make corrections and/or additions until the map is acceptable to the department. The subdivider shall submit the original tracing of the map, corrected to its final form and signed by all parties required to execute the certificates on the map, to the Development Services Department. The city clerk or authorized agent shall, subject to the provisions of the California Government Code Section 66464 of the Subdivision Map Act, transmit the approved parcel map to the county recorder. The Development Services Director shall approve the parcel map if it complies with the requirements of the subdivision map act, this title, the tentative parcel map and all conditions thereof. (Ord. 2985, 2025)