Redwood City Municipal Code Art. XII Urban Lot Splits

PERSON ACTING IN CONCERT WITH THE OWNER: A person that has common ownership or control of the subject parcel with the owner of the adjacent parcel; or a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

ACCESSORY DWELLING UNIT: Has the same meaning as defined in Section 37.2 of the Zoning Code.

ADJACENT PARCEL: Any parcel of land that is:

1. Touching the parcel at any point;

2. Separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or

3. Separated from another parcel only by other real property which is in common ownership or control of the applicant.

COMMON OWNERSHIP OR CONTROL: Property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent (10%) or more of the interest in the property.

JUNIOR ACCESSORY DWELLING UNIT: Has the same meaning as defined in Section 37.2 of the Zoning Code.

PANHANDLE LOTS: Lots consisting of a driveway and a body in such a manner that the body ("pan") is landlocked from a public or private street except for connection by the driveway ("handle").

PRIMARY DWELLING UNIT: Any Dwelling Unit that is not an Accessory Dwelling Unit, as provided in Article 37 of the Zoning Code.

SB 9 PROJECT: Has the same meaning as defined in Article 2 of the Zoning Code.

SUFFICIENT TO ALLOW SEPARATE CONVEYANCE: Has the same meaning as defined in Article 2 of the Zoning Code.

URBAN LOT SPLIT: A subdivision of an existing parcel into no more than two (2) new lots of approximately equal size and meeting all the criteria and objective standards of this Article XII, applicable Engineering Standards, and consistent with Government Code Section 66411.7 as amended from time to time.

(Ord. No. 2542, § 6(Exh. C), 10-14-24)

A. Location: Site shall be located fully in either the Residential—Hillside (RH) or the Residential—Single-Family District (R-1).

B. Parcel Map: A parcel map for an urban lot split shall be ministerially approved as set forth in this Section, if the City determines that the parcel map meets the requirements of this Section and Government Code Section 66411.7. A lot created through a parcel map for an urban lot split is limited to development of up to two (2) dwelling units on the lot. The units may include an SB 9 Project, Junior Accessory Dwelling Unit(s), and Accessory Dwelling Unit(s) as authorized under Article 37 of the Zoning Code, or some combination thereof that does not result in more than two (2) dwelling units on the lot.

C. Eligibility: All parcel maps for urban lot splits must comply with the following provisions and requirements:

1. The site shall be located fully in either the Residential—Hillside (RH) or the Residential—Single-Family District (R-1).

2. The parcel map shall subdivide an existing parcel to create no more than two (2) new lots of approximately equal lot area provided that one (1) lot shall not be smaller than forty percent (40%) of the lot area of the original parcel proposed for the subdivision.

3. The parcel map conforms to the applicable objective zoning standards (excepting lot width and frontage), subdivision standards, and objective design review standards, including objective lot standards identified in this Section, and objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7 as may be amended from time to time ("standard"); provided however, that the City shall waive or modify any standard if the standard would have the effect of physically precluding the construction of two (2) units on either of the resulting lots or would result in a unit of less than eight hundred (800) square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two (2) units of eight hundred (800) square feet on each lot. Notwithstanding, required rear and side yard setbacks shall equal four (4) feet, except that no setback shall be required for an existing legally created structure or a new structure constructed in the same location and to the same dimensions as an existing legally created structure.

4. The lot has not been established through prior exercise of an urban lot split as provided for in this Section or Government Code Section 66411.7 as may be amended from time to time.

D. Objective Lot Standards: All urban lot splits shall comply with the following objective lot standards:

1. Both lots resulting from the urban lot split shall have access to, provide access to, or adjoin the public right-of-way through right-of-way frontage or recorded access easements.

2. Lot depths shall not exceed two and one-half (2½) times their average width, unless all of the following are true:

a. The resulting lots are both within an R-1 zoning district.

b. The frontage of each resulting lot is greater than or equal to 50 feet.

c. The average width of each resulting lot is greater than or equal to 50 feet.

3. No lot created under this Chapter shall be divided by a City boundary line.

4. No lot created under this Chapter in a residentially zoned district shall have a double frontage except in the case of a corner lot.

5. Each newly created lot shall be no smaller than one thousand two hundred (1,200) square feet.

E. Panhandle Lots: Urban lot splits that create panhandle lots shall meet the following requirements:

1. The handle section of lot shall have a width of no less than fifteen (15) feet.

2. A primary dwelling unit shall be located within two hundred (200) feet from the street frontage of such lot.

3. The average lot width zoning requirements shall only apply to the pan of the lot and not to the handle leading from the required frontage.

4. No development shall be allowed in the handle of the lot to provide clear access to the site; provided, however, that stormwater treatment is allowed in the access driveway area.

5. The lot shall contain no more than six (6) corner points.

6. A panhandle lot and subsequent development on the lot shall be designed to conform to applicable Building and Fire Codes.

F. Easements: Easement(s) shall be required for the provision of public services and facilities. Widening of existing easement(s) shall be required for the provision of public services and facilities, as applicable.

G. Parking: See Article 30.5 (Required Number of Parking Spaces) of the Zoning Code.

H. Residential Use Only: Only residential uses are allowed on lots created by this Section.

I. Location Restrictions: Urban lot splits are prohibited on sites specified in Government Code Section 65913.4(a)(6) subparagraphs (B) to (K) as summarized below:

1. Farmland.

2. Wetlands.

3. Hazardous waste sites.

4. Lands identified for conservation.

5. Sites under conservation easement.

6. Habitat for protected species.

7. Sites within a Very High Fire Hazard Severity Zone, unless the site is excluded from specified hazard zones by the City, pursuant to Government Code Section 51179(b) or is a site that has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

8. Sites within a delineated earthquake fault zone, unless the development complies with the applicable seismic protection building code standards identified in Government Code Section 65913.4(a)(6)(F).

9. Sites within a special flood hazard area subject to inundation by the one percent (1%) chance of flood as determined by the Federal Emergency Management Agency (FEMA), except as provided in Government Code Section 65913.4(a)(6)(G).

10. Sites within a regulatory floodway, as determined by FEMA, except as provided in Government Code Section 65913.4(a)(6)(H).

J. Historic Preservation: The parcel shall not be located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, 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.

K. One-Time Urban Lot Splits: An urban lot split is prohibited if the lot was previously established through prior exercise of an urban lot split.

L. Splitting Adjacent Lots: Urban lot splits are prohibited where either the owner of the parcel being subdivided or any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split.

M. Short-Term Rental Prohibited: Rental of any units created pursuant to this Section shall be for a term longer than thirty (30) days.

N. Code Compliance:

1. All lots created by an urban lot split shall comply with all applicable Building Code[s] as set forth in Redwood City Municipal Code Chapter 9, Articles IV and V, and Fire Code requirements as set forth in Redwood City Municipal Code Chapter 12, Article II.

2. The correction of nonconforming zoning conditions shall not be required as a condition of ministerial approval of a parcel map for an urban lot split.

3. The parcel map for an urban lot split shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance as defined in Article 2 of the Zoning Code.

O. Other Restrictions:

1. Urban lot splits cannot require the demolition or alteration of any of the 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 police power.

c. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under the Ellis Act to remove a rental unit from the market within the last fifteen (15) years before the date the development proponent submits an application.

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

2. If an existing dwelling unit is proposed to be demolished, the applicant shall comply with the replacement housing provisions of Government Code Section 66300(d).

3. Owner Occupancy: The applicant shall sign an affidavit stating the applicant intends to occupy one (1) of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split, except that this requirement shall not apply to an applicant that is a "community land trust" as defined in Revenue and Tax Code Section 402.1, or a "qualified nonprofit corporation" as described in Revenue and Tax Code Section 214.15.

4. Additional Affidavit: If the application for urban lot split proposes to alter or demolish any existing housing on the parcel to be subdivided, the owner of the property proposed for an urban lot split shall sign an affidavit, in the form approved by the City Attorney, stating that none of the conditions listed in subsection (P)(1) above exist and shall provide a comprehensive history of the occupancy of the unit(s) to be altered or demolished for the past three (3) years. The owner and applicant shall also sign an affidavit, in a form approved by the City Attorney, stating that neither the owner nor the applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using the procedures for an urban lot split outlined in this Section.

5. Recorded Covenant:

i. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in a form prescribed by the City Attorney, which shall run with the land and provide for the following:

1. A prohibition against further subdivision of the parcel using urban lot split procedures as provided for in this Section; and

2. A limitation restricting the property to residential uses only; and

3. A requirement that any dwelling units on the parcel may be rented or leased only for a period longer than thirty (30) days.

ii. The City Manager, or their designee, is authorized to execute and cause to be recorded the deed restriction on behalf of the City and to deliver any approvals or consents required by the covenant. This requirement shall apply to both resulting lots.

iii. Notwithstanding Government Code Section 66411.1, dedication of rights-of-way or the construction of offsite improvements for the lots being created shall not be required as a condition of issuing a parcel map for urban lot split.

P. Findings for Denial: The City may deny an application for a parcel map for an urban lot split that meets the requirements of this Section and Government Code Section 66411.7 if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined and determined in 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.

Q. Application and Review: An application for a parcel map for an urban lot split shall include a signed application form, a completed checklist and associated documents that demonstrates compliance with requirements of this Section and Government Code Section 66411.7 and parcel map showing the details of the proposed urban lot split as required by the urban lot split checklist approved by the City Engineer. An application for a parcel map for an urban lot split shall be considered and approved or denied within sixty (60) days from the date a completed application is received. If an application is denied, the City shall 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.

R. Enforcement: This Section shall be enforced according to the provisions in Article 50 of the Zoning Ordinance (Enforcement).

(Ord. No. 2542, § 6(Exh. C), 10-14-24; Ord. No. 2556, § 6(Exh. C), 12-22-25)