§ 16.06

The following definitions will apply to this chapter:

"Urban lot split" means a subdivision or proposed subdivision of land established in accordance with the standards, procedures, and requirements set forth in Government Code section 66411.7 and this code, including Chapter 17.80.

(Ord. No. 738, § 3(Exh. A), 3-22-2022; Ord. No. 739, § 3(Exh. A), 4-12-2022)

A.

Location Requirements. An urban lot split parcel map application must meet all the following location requirements:

1.

The subject parcel must be located in one of the following residential zones: R-A-E, R-A-10, R-A-15, R-A20, or RPD where the property was developed using the R-A-20 development standards

2.

The subject parcel may not be located in an area designated in Government Code sections 65913.4(a)(6)(B) through (K).

3.

The subject parcel may not be located within a historic district or property, as set forth in Government Code section 65852.21(a)(6).

4.

The subject parcel may not be within the Horse Overlay (H) District under Chapter 17.36 of this code in accordance with Government Code section 66499.41(h).

B.

Legal Lot. The applicant must demonstrate that the existing property is a legal lot at the time of filing application.

C.

Limitation on Demolition and Alterations. A proposed urban lot split may not involve demolition or alteration of:

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.

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

D.

Limitation on Parcels Withdrawn from Rental Market. A proposed urban lot split may not involve property withdrawn from the rental market under Government Code section 7060 and following, within fifteen years before the date that the development proponent submits an application.

E.

Lot Size. Both proposed newly created parcels must be of approximately equal lot area, which for purposes of this subsection means that one parcel may not be smaller than forty percent of the lot area of the original parcel proposed for subdivision.

F.

Compliance with Homeowners' Association Declaration. If the underlying parcel is subject to a recorded declaration of a homeowners' association, the applicant must provide a letter from the homeowners' association authorizing or consenting to the urban lot split, and, if applicable, the development of an urban dwelling unit on the parcel. Alternatively, if the applicable homeowners' association believes the proposed urban lot split and development of one or more urban dwelling units is inconsistent with the recorded declaration, it may file a notice of objection with the community development department setting forth the basis for its objection. For the purpose of this section, a "homeowners' association" means any "association" as defined under Civil Code section 4080 that is created for the purpose of managing a common interest development, and the term "declaration" has the meaning set forth in Civil Code section 4135. The intent of this subsection is to alert homeowners' associations of a pending urban lot split and urban dwelling unit application in their neighborhood. Accordingly, the filing of a notice of objection by a homeowners' association will not constitute independent grounds for the denial of an application, as the homeowners' association may privately enforce an alleged violation of its declaration.

G.

Owner Affidavit. The owner of the parcel to be subdivided must submit a signed affidavit under penalty of perjury declaring all of the following to be true:

1.

Any housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an urban lot split.

2.

The owner of the parcel 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.

3.

The owner has not previously subdivided an adjacent parcel using an urban lot split.

4.

The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an urban lot split. "Acted in concert" means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.

H.

Fees. Urban lot splits will be subject to all applicable development fees as established by city council resolution. The amount of fees to be paid will be those in effect at the actual time of payment of such fees.

(Ord. No. 738, § 3(Exh. A), 3-22-2022; Ord. No. 739, § 3(Exh. A), 4-12-2022; Ord. No. 753, § 3, 7-22-2025)

A proposed urban lot split must comply with the following development and use standards:

A.

Compliance with the Subdivision Map Act. Urban lot splits must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and Title 16 of this code, except as expressly provided in this chapter.

B.

Urban Dwelling Unit Requirements. Any proposed new urban dwelling unit on a parcel proposed for an urban lot split must also comply with all applicable development standards as set forth in Section 17.80.040 of this code.

C.

Sewer or septic requirement. Resulting parcels from an urban lot split must be connected to sewer facilities or septic tanks if a sewer connection is not available at the property line of one of the resulting parcels. If the resulting parcels are connected to a septic system, a percolation test must be completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

D.

Easements and access to rights-of-way. Urban lot splits must meet the following requirements:

1.

Fire department and quasi-public utility easements. An easement at least fifteen-feet wide must be provided over the front parcel to the rear parcel for access to the public right of way, providing quasi-public services and facilities, maintenance of utilities, and fire department access.

2.

Private access easement. If a resulting lot is not directly adjacent to a public right of way, a private access easement at least fifteen-feet wide must be provided over the front parcel to the rear parcel for access to the public right of way.

3.

Sewer lateral, water lateral and drainage easements. Ten-foot wide easements must be provided over one of the parcels being created for private sewer lateral, water lateral and/or drainage that may cross over the shared property line in favor of the other parcel being created.

4.

Existing easements must be shown and called out on the parcel map.

5.

Proposed easements with locations and widths must be shown on the parcel map labeled with a reference to be recorded by separate instrument.

6.

New easements may be in the form of a deed restriction until one of the created parcels is sold at which time an easement document must be recorded.

7.

No new access from an arterial street will be permitted.

E.

Other Objective Standards Adopted by Resolution. The city may adopt by resolution of the city council additional objective standards for urban lot splits, including the incorporation by reference to existing provisions of this code. A compilation of such standards will be maintained on the city's website.

F.

Residential Use Requirement. The use of a parcel subdivided as an urban lot split is limited to residential use.

(Ord. No. 738, § 3(Exh. A), 3-22-2022; Ord. No. 739, § 3(Exh. A), 4-12-2022)

A.

Application. A complete tentative parcel map application for the proposed urban lot split must be submitted to the community development department with all applicable fees.

B.

Notice of Application. Upon receipt of a complete application for an urban lot split, the department of community development will send notice of such application to the owners of all properties located within a five hundred feet radius of the subject parcel. The cost of such mailing will be paid by the applicant.

C.

Staff Review. The director will circulate the application for an urban lot split, along with the parcel map, to applicable city departments and outside agencies for review and comment. City comments will be provided back to the applicant for review and any necessary revisions.

D.

Timing of Action. The department will act on an application for an urban lot split within sixty days from the date the department receives a completed application. If the applicant requests a delay in writing, the sixtyday time period will be tolled for the period of the delay. The department has acted on the application if it:

1.

Approves or denies the application for the urban lot split; or

2.

Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter.

E.

Director Action.

1.

The director will ministerially approve the application if meets all of the requirements of this chapter. No discretionary review or public hearing is required. The approval will be conditioned on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right-of-way. The director is further authorized to approve any final maps consistent with that approval.

2.

The director must deny an urban lot split if either of the following is found:

a.

The urban lot split fails to meet one of more objective requirements imposed by the Subdivision Map Act or by this chapter. Any such noncompliance with a requirement or condition will be specified in writing.

b.

The building official makes a 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 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.

(Ord. No. 738, § 3(Exh. A), 3-22-2022; Ord. No. 739, § 3(Exh. A), 4-12-2022)

The applicant, or any aggrieved person, may appeal any decision of the director concerning an application for an urban lot split and new urban dwelling unit. Such appeal must be made in writing and filed with the department of community development within fifteen days from the date of the issuance of the decision. The appeal must be made on the approved form available from the department of community development and must include the grounds for the appeal and the appeal processing fee established by the city council. The city manager will schedule a date and time to hear the appeal within fifteen days after receipt of the appeal and will notify the appellant of such date and time. The city manager will issue a written decision within fifteen days after the conclusion of the appeal. The decision on the appeal will be final ten days following the date of the city manager's decision, and thereafter subject only to judicial review.

(Ord. No. 738, § 3(Exh. A), 3-22-2022; Ord. No. 739, § 3(Exh. A), 4-12-2022)

Chapter 16.08 - PARK AND RECREATIONAL FACILITIES