San Anselmo Municipal Code Art. 3 Urban Lot Splits

Footnotes:

--- (7) ---

Editor's note— Ord. No. 2025-1193, § 2(Exh. A)(2), adopted October 28, 2025, repealed the former Art. 3, §§ 10-4.301—10-4.303, and enacted a new Art. 3 as set out herein. The former Art. 3 pertained to administration and enforcement and derived from Ord. No. 1159, § 18, adopted Dec. 14, 2021; Ord. No. 1160, § 18, adopted Dec. 14, 2021.

The Community Development Director or designee shall ministerially review an application for an urban lot split with no discretionary review or public hearing, and shall approve the application if the criteria in this chapter and Government Code section 66411.7, as may be amended, are satisfied. The application shall contain such information as reasonably requested by the Town Planning Department and accompanied by the appropriate fee as established by Town Council Resolution.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

An application for an urban lot split shall be considered and approved or denied within sixty (60) days from the date the Town receives a completed application. If the Town has not approved or denied the completed application within sixty (60) days, the application shall be deemed approved. If the Town denies an application for an urban lot split pursuant to this subparagraph, the Town shall, within the sixty (60) day deadline, 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.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

Notwithstanding anything to the contrary in this chapter, the Community Development Director or designee may deny an application for an urban lot split if the Town's Building Official makes written findings, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

An application for an urban lot split pursuant to this chapter shall meet the following requirements:

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

(b) Neither the newly created lot nor the original lot shall be smaller than one thousand and two hundred (1,200) square feet.

(c) Only residential uses are allowed on a parcel created by an urban lot split.

(d) No more than two (2) dwelling units may be located on any lot created through an urban lot split, including primary dwelling units, ADUs, JADUs, density bonus units, and units created as a two-unit development.

(e) The parcel must meet the following requirements:

(1) The parcel is located in an R-1, R-1-H, or R-1-C zoning district.

(2) The parcel is located within the Town, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

(3) The parcel satisfies the requirements specified in Government Code section 65913.4(a)(6)(B) through (K), inclusive of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

(a) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Division 2, commencing with Section 66410), except as otherwise expressly provided herein.

(b) Unless otherwise provided for in this chapter, the parcel shall conform with the objective zoning standards and subdivision standards that apply uniformly to the underlying zoning district.

(c) Each newly created parcel shall have access to, provide access to, or adjoin a right-of-way.

(d) Notwithstanding anything to the contrary in this section, no setback shall be required for an existing dwelling unit or a dwelling unit constructed in the same location and to the same dimensions as an existing dwelling unit.

(e) A setback of four (4) feet from the side and rear lot lines is required for a newly created dwelling unit.

(f) Notwithstanding anything to the contrary in this section, the Town shall not impose objective zoning standards, objective subdivision standards, or objective design review standards that would have the effect of physically precluding the construction of two (2) dwelling units on either of the newly created parcels or that would result in a dwelling unit size of less than eight hundred (800) square feet.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

The following applies regarding conditions for an urban lot split:

(a) The applicant shall execute easements, or show evidence of such easements, necessary for the provision of public services and facilities.

(b) Offstreet parking of up to one space per unit is required, except that no parking shall be required in either of the following instances:

(1) The parcel is located within one-half (1/2) mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code.

(2) There is a car share vehicle located within one (1) block of the parcel.

(c) The Town shall not require dedications of rights-of-way or the construction of offsite improvements for the parcel being created as a condition of issuing a parcel map for an urban lot split.

(d) The Town shall not require as a condition of approval for an urban lot split the correction of nonconforming zoning conditions.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

(a) The Town shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one (1) of the dwelling units as the principal residence for a minimum of three (3) years from the date of the approval of the urban lot split.

(b) This subdivision shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

Lots created by an urban lot split shall not be used for rental units for a period of less than thirty (30) consecutive days.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)

The following properties are not eligible for an urban lot split under this chapter:

(a) Any parcel that was created through prior exercise of an urban lot split pursuant to this chapter and/or Government Code section 66411.7, as may be amended.

(b) Any parcel where the owner of the parcel being subdivided or any other person or entity acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split pursuant to this chapter consistent with Government Code section 66411.7, as may be amended.

(c) The proposed urban lot split would require 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) Housing that has been occupied by a tenant in the last three (3) years.

(d) The parcel is located within the following designated areas:

(1) A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Town landmark or historic property or district pursuant to a Town ordinance.

(2) A wetland, as defined in the United States Fish and Wildlife Service Manual, Part 660, as may be amended.

(3) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, 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 the Town pursuant to Section 5117 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.

(4) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code 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.

(5) 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 building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

(6) Within a special flood hazard area subject to inundation by the one (1%) 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph, the Town shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the Town that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the Town or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain 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.

(7) 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the Town shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the Town that is applicable to that site.

(8) Lands 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.

(9) 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).

(10) Lands under conservation easement.

(Ord. No. 2025-1193, § 2(Exh. A)(2), 10-28-2025)