Rialto Municipal Code Ch. 17.51 Urban Lot Splits

The purpose of this chapter is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7.

(Ord. No. 1665, § 3(Exh. A), 2-8-22)

An "urban lot split" means the subdivision of an existing, legally subdivided lot into no more than two lots in accordance with the requirements of this chapter.

(Ord. No. 1665, § 3(Exh. A), 2-8-22)

A. Only individual property owners 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. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp., S corp., etc.) except for a community land trust (as defined by Revenue and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

B. An application for an urban lot split shall be submitted on a city application form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty days following application submittal.

C. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this chapter of the development code, pursuant to applicable law. The city council may establish and change the fee by resolution. The fee shall be paid with the application.

(Ord. No. 1665, § 3(Exh. A), 2-8-22)

A. An application for a parcel map for an urban lot split is approved or denied ministerially, by the community development director or his/her designee, without discretionary review.

B. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this chapter. 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 easements. The tentative map shall expire three months following approval.

C. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D. The approval must 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.

E. A parcel map for an urban lot split is denied if it does not meet the requirements of this chapter, or a finding of a specific, adverse impact is made pursuant to Section 17.51.060.

F. The community development director's decision to approve or deny an application for a parcel map for an urban lot split is final and non-appealable.

(Ord. No. 1665, § 3(Exh. A), 2-8-22)

An urban lot split must satisfy each of the following requirements:

A. Subdivision Map Act Compliance.

1. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et seq., "SMA") 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:

i. An action to enjoin any attempt to sell, lease, or finance the property.

ii. An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

iii. 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, or both; or a misdemeanor.

iv. Record a notice of violation.

v. Withhold any or all future permits and approvals.

c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

B. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

C. Lot Location.

1. The lot to be split is not located on a site that is any of the following:

a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by voters.

b. A wetland.

c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

d. A hazardous waste site that has not been cleared for residential use.

e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

f. Within a one hundred-year flood hazard area, unless the site has either:

i. Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

ii. Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.

h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

i. Habitat for protected species.

j. Land under conservation easement.

2. The purpose of Section 17.51.050(c)(1) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)—(K). (See Government Code Section 66411.7(a)(3)(C).)

D. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on 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.

E. No Prior Urban Lot Split.

1. The lot to be split was not established through a prior urban lot split.

2. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. For the purposes of this section, the term "any person acting in concert with the owner" shall include any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

F. No Impact on Protected Housing. The urban lot split must 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 (Government Code Section 7060—7060.7) at any time in the fifteen years prior to submission of the urban lot split application.

4. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought shall provide a sworn statement as to this fact with the application for the tentative 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.

G. Lot Size.

1. The lot to be split must be at least two thousand four hundred square feet in area.

2. Each lot created by an urban lot split shall be at least one thousand two hundred square feet in area.

3. Each lot created by an urban lot split shall be between forty percent and sixty percent of the original lot area.

H. 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 shall be shown on the tentative parcel map.

3. Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved pursuant to Section 17.51.040(B) above.

4. If an easement is recorded in favor of the city 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.

I. Lot Access.

1. Each lot created by an urban lot split shall adjoin a public street right-of-way.

2. Each lot created by an urban lot split shall have frontage on the public street right-of-way of at least twenty-four feet.

J. Unit Standards.

1. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For the purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to a primary dwelling unit created under Chapter 18.113 (Two-Unit Projects) of this code, or an ADU or JADU created pursuant to Section 18.10.070 (Accessory dwelling units) of this development code.

2. Unit Size.

a. The total floor area of each primary dwelling that is developed on a lot resulting from an urban lot split shall be a minimum of five hundred square feet in area and a maximum of eight hundred square feet in area.

b. A primary dwelling that was legally established prior to the urban lot split and that is larger than eight hundred square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

c. A primary dwelling that was legally established prior to the urban lot split and that is smaller than eight hundred square feet may be expanded to a maximum of eight hundred square feet after the urban lot split.

3. Height Restrictions.

a. On a resulting lot that is larger than two thousand square feet, no new primary dwelling unit may exceed a single story or sixteen feet in height, measured from grade to peak of the structure.

b. On a resulting lot that is smaller than two thousand square feet, no new primary unit may exceed two-stories or twenty-two feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling unit that exceeds one story in height shall be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

c. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

4. Lot Coverage. Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at eight hundred square feet each.

5. Setback Requirements.

a. Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.

b. Exceptions. Notwithstanding Section 17.51.050(J)(5) above:

i. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

ii. Minimum Requirement Limitations. The minimum setback requirements shall not be applied in a manner that will preclude construction of two eight hundred square foot units with no less than four-foot side/rear setbacks. The setbacks imposed by the underlying zoning district shall yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least eight hundred square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

iii. Front Setback Area. Notwithstanding any other part of this development code, dwellings that are constructed after an urban lot split shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:

(A) Be kept free from all structures greater than three and one-half feet high; and

(B) Allow for vehicular and fire-safety access to the front structure.

6. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split shall have at least one off-street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring ten feet in width and twenty feet in length, unless one of the following applies:

a. The lot is located within one-half mile walking distance of either:

i. A corridor with fixed route bus service with service intervals no longer than fifteen minutes during peak commute hours; or

ii. A site that contains:

(A) An existing rail or bus rapid transit station,

(B) A ferry terminal served by either a bus or rail transit service, or

(C) The intersection of two or more major bus routes with a frequency of service interval of fifteen minutes or less during the morning and afternoon peak commute periods.

b. The site is located within one block of a permanently established car-share vehicle pickup/drop-off location.

7. Architecture.

a. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slop shared by the largest portion of the roof.

b. If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwelling shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof.

c. All exterior lighting shall be limited to down-lights.

d. No window or door of a dwelling that is constructed on the lot after an urban lot split may have a direct line of sight to any adjoining residential property. Decorative masonry block walls, dense landscaping or privacy glass may be used to provide screening and prevent a direct line of sight.

e. If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than thirty feet from a property line that is not a public street right-of-way line, then all windows and doors in that portion shall either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

8. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

a. At least one fifteen-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one twenty-four-inch box size plant shall be provided for every ten linear feet of exterior wall.

b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

c. All landscaping shall be drought-tolerant.

9. Non-conforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

10. Utilities.

a. Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider.

b. Each primary dwelling unit on the resulting lots that was or that is proposed to be connected to an onsite wastewater treatment system shall first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

11. Building and Safety. All structures built on a lot resulting from an urban lot split shall comply with all current local building standards. An urban lot split is a change of use.

K. Fire-Hazard Mitigation Measures.

1. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:

a. It shall have direct access to a public street right-of-way with a paved street with a width of at least forty feet. The public street right-of-way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.

b. All dwellings on the site shall comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

c. All enclosed structures on the site shall have fire sprinklers.

d. All sides of all dwellings on the site shall be within a one hundred fifty-foot hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.

e. If the lot does not have a swimming pool, the lot shall have a water reservoir of at least five thousand gallons per dwelling, with fire authority approved hookups compatible with fire-authority standard pump and hose equipment.

2. Prior to submitting an application for an urban lot split for a lot in a very high fire hazard severity zone, the applicant shall obtain a certificate of compliance with all applicable fire-hazard mitigation measures pursuant to this Section 17.51.050(K). The city or its authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application. The applicant shall pay the city's costs for inspection. Failure to pay is grounds for denying the application.

L. Separate Conveyance.

1. On a lot created by an urban lot split:

a. Primary dwelling units may not be owned or conveyed separately from each other.

b. Condominium airspace divisions and common interest developments are prohibited.

c. All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners.

2. Separate conveyance of the lots created by an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

M. Regulation of Uses.

1. Residential-Only. Nonresidential land uses shall be prohibited on any lot created by urban lot split.

2. No Short-term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty days.

3. Owner Occupancy. The applicant for an urban lot split shall sign an affidavit stating that the applicant 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 years after the urban lot split is approved.

N. Notice of Construction.

1. At least thirty business days prior to the starting of construction of a structure on a lot created by an urban lot split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:

a. Notice that construction has been authorized,

b. The anticipated start and end dates for construction,

c. The hours of construction,

d. Contact information for the project manager (for construction-related complaints), and

e. Contact information for the building and safety division.

2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. The approval of an urban lot split is ministerial and under state law, the city has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

O. Deed Restriction. 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 days.

2. Expressly prohibits any nonresidential land use of the lots created by the urban lot split.

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4. 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. No. 1665, § 3(Exh. A), 2-8-22)

A. Notwithstanding anything else in this chapter, the community development director 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 either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

B. The term "specific adverse impact" has the same meaning as in 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).

C. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific adverse impact.

(Ord. No. 1665, § 3(Exh. A), 2-8-22)