San Clemente Municipal Code Ch. 16.50 State-Mandated Subdivisions

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

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

C. Application.

1. Owners.

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 Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

b. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.

2. An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director of Community Development, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. 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 easements. The tentative parcel map expires 24 months from the City's approval of the map.

3. 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. The hold-harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recorded covenant and deed restriction.

4. 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.

The proposed housing development application shall be considered for approval or denial within 60 days from the date the City received the completed application, and if no action taken the City shall deem the application approved after that time.

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

1. Map Act Compliance.

a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et seq., "SMA") and implementing requirements in this title, except as otherwise expressly provided in this section.

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

(i) 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.

(ii) The City has all the remedies available to it under the SMA, including but not limited to the following:

(A) An action to enjoin any attempt to sell, lease, or finance the property.

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

(C) 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.

(D) Record a notice of violation.

(E) 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.

2. 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.

3. Lot Location.

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

(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(ii) A wetland.

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

(iv) A hazardous waste site that has not been cleared for residential use.

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

(vi) Within a 100-year flood hazard area, unless the site has either:

(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

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

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

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

(ix) Habitat for protected species.

(x) Land under conservation easement.

b. The purpose of subpart E.3.a above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).)

c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.

4. 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.

5. No Prior Urban Lot Split.

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

b. 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. "Any person acting in concert with the owner" here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

6. No Impact on Protected Housing.

a. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

(i) Housing that is income-restricted for households of moderate, low, or very low income.

(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

(iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.

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

b. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.6.a above is satisfied.

(i) The sworn statement must state that:

(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

(B) No housing that is subject to any form of rent or price control will be demolished or altered.

(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

(D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.

c. 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.

7. Lot Size.

a. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area.

b. The resulting lots must each be at least 1,200 square feet.

c. Each of the resulting lots must be at least 40 percent of the original lot area.

8. Easements.

a. 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.

b. Each easement must be shown on the tentative parcel map and final map.

c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section D.2 above.

d. 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.

9. Lot Access.

a. Each resulting lot must adjoin the public right-of-way.

b. Each resulting lot must have frontage on the public right-of-way of at least 12.5 feet.

10. Development Standards and Design Criteria. In addition to the standards criteria set forth in the section, except as otherwise required by state law, an SB 9 urban lot split and all development on the resulting lots must conform to all applicable objective development standards that are set forth in this code, as well as in, any applicable specific plans; in a planned unit development ordinance; or resolution; or by conditions duly promulgated and adopted by the City.

11. Unit Standards.

a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 17.86.010 of this code, an ADU, or a JADU.

b. Unit Size.

(i) The maximum floor area of each primary dwelling that is developed on a resulting lot shall be eight hundred fifty (850) square feet of interior livable space for a studio or one (1) bedroom unit and one thousand (1,000) square feet of interior livable space for a two (2) or more bedroom unit.

(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 1,000 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 850 square feet may be expanded to 850 square feet after the urban lot split.

c. Height Restrictions. The maximum height for any structure on a lot created through an urban lot split shall be the maximum height of the underlying zone.

d. Lot Coverage. Lot coverage on resulting lot may not exceed the lot coverage established for the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at least 800 square feet each. Lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.

e. Setbacks.

(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(ii) Exceptions. Notwithstanding subpart E.11.e(i) above:

(A) 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.

(B) Eight hundred sf; four-foot side and rear. The setbacks imposed by the underlying zone must 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 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

f. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:

(i) The lot is located within one-half mile walking distance of either a high-quality transit corridor, as that term is 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, during peak commute hours; or

(ii) The site is located within one block of a car-share vehicle location.

(iii) The site is within an architecturally and historically significant historic district as defined by State law or within the City's Architecture overlay, whichever is more permissive;

g. Garage. Any proposed covered or enclosed garage must comply with the following requirements:

(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least nine feet wide by 18 feet long for each vehicle that the garage is designed to hold.

(ii) Each garage must maintain each required parking space clear and accessible to park at all times.

h. Architecture.

(i) Unit Design Standards.

(A) All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.

(ii) Landscaping. Development adjacent to public right of way or within 20 feet of public right of way, must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance:

(A) 50 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements. Exceptions: On lots with lot width 40 feet or less, 45 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements.

(B) At least one 15-gallon size plant must be provided for every 15 linear feet of exterior wall. Alternatively, at least one 24 inch-box size plant must be provided for every 25 linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.

i. Mechanical Equipment, Metering Devices. All roof- and ground-mounted mechanical equipment and metering devices must be completely screed from public view. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line.

j. Access and Circulation.

(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.

k. Refuse Storage Areas.

(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City's Franchise Waste Hauler (collectively, "trash containers").

(ii) Trash enclosures which enclose containers shall be of sufficient size to accommodate the trash and recyclable materials generated by the uses on the parcel(s) being served. All outdoor storage of trash, garbage, refuse, and other items or material intended for discarding or collection shall be screened from public view on at least three sides by a solid wall, constructed of concrete block, compatible with the project's architecture and shall not be less than five feet in height or, alternatively, such other material or design approved by the appropriate decision-making authority. The fourth side shall contain an opaque gate which shall be constructed of steel frame, be maintained in working order, and remain closed except when in use. The minimum dimensions of a trash enclosure which encloses a dumpster shall be nine feet wide by six feet deep.

l. Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected.

m. Utilities.

(i) All utilities must be underground or screened.

(ii) All easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recorded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easements have been agreed to and recorded.

(iii) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.

n. Building and Safety. All structures built on the lot must comply with all current local building standards.

12. Fire-Hazard Mitigation Measures.

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

(i) It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

(ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

(iii) All enclosed structures on the site must have fire sprinklers.

(iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

(v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.12. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

13. Separate Conveyance.

a. Within a resulting lot.

(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

(ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

(iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

(iv) No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

b. Between resulting lots. Separate conveyance of the resulting lots 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 must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

14. Regulation of Uses.

a. Residential-only. No non-residential use is permitted on any lot created by urban lot split.

b. No Short-term Rentals. A rental of any unit on a lot created pursuant to this section shall be rented for a term longer than 30 days.

c. Owner Occupancy. The applicant for an urban lot split must 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.

15. Notice of Construction.

a. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(i) Notice that construction has been authorized;

(ii) The anticipated start and end dates for construction;

(iii) The hours of construction;

(iv) Contact information for the project manager (for construction-related complaints); and

(v) Contact information for the Building and Safety Department.

b. 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. Approval is ministerial. 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.

16. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the City, that does each of the following:

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

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

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

d. States that:

(i) The lot 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.

(ii) Development on the lot is limited to development of residential units under section 17.86.010 of this code, except as required by state law.

F. 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 and 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 Gov. Code § 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 and others as necessary in making a finding of specific, adverse impact.

G. Coastal Regulations Apply in Full. .....Nothing in this section alters or lessens the effect or application of the California Coastal Act.

(Ord. No. 1723, § 3(Exh. A), 12-7-2021; Ord. No. 1748, § 4(Exh. A), 1-17-2023; Ord. No. 1805, § 4(Exh. A), 5-5-2026)