San Fernando Municipal Code Div. 6 Urban Lot Split

This division is adopted in accordance with California Government Code §§ 65852.21 and 66411.7, also known as Senate Bill 9 (SB 9). The purpose of this chapter is to establish a ministerial objective approval process and special lot design standards for the subdivision of single lots in the R-1 zoning district.

(Ord. No. 1714, § 4, 2-6-2023)

This division is applicable only while California Government Code § 66411.7 created by SB 9 remains in effect.

(Ord. No. 1714, § 4, 2-6-2023)

Acting in concert with means a person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, 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.

Car share means a service through which vehicles are made available for hourly or daily use. Vehicles are typically picked up and dropped off at designated parking locations within the community and are made available to provide flexible access to a vehicle.

Dwelling unit. As used in this division, "dwelling unit" refers to any primary residential unit which is not an accessory dwelling unit as defined in section 106-6 of this Code or a junior accessory dwelling unit ("junior ADU") as defined in Government Code § 56852.22.

Flag-lot means lots that have less than the minimum required frontage on a public or private street, have access to a public or private street by a narrow strip of land, and the largest portion of the lot is situated behind adjoining lots which front on a public or private street. The front yard of the flag lot starts from the back of the front lot.

Residential unit or unit. As used in this division, "residential unit" or "unit" refers to a dwelling unit, accessory dwelling unit and junior ADU.

Tenant means a person who occupies land or property rented from a landlord.

Urban lot split is the subdivision of a single-family residential lot into two parcels that meets the requirements of this chapter. An urban lot split differs from other subdivisions only in the standards which apply to the lots created, the criteria which must be met, and the ministerial approval process which applies to this type of subdivision.

[Figure]

(Ord. No. 1714, § 4, 2-6-2023)

(a) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:

(1) An urban lot split is subject to staff review and ministerial approval only, without discretionary review or hearing, and

(2) The urban lot split shall be subject to the objective criteria and standards of chapter 78, Subdivisions, and conform to all applicable objective requirements of the Subdivision Map Act, except as expressly provided in this division.

(b) Notwithstanding subsection (a) of this section, the city shall not require dedication of right-of-way, offsite improvements or the correction of nonconforming zoning conditions as a condition of issuing a parcel map for an urban lot split pursuant to this division.

(c) An urban lot split that meets all the criteria listed below shall be approved unless the building official makes a written finding, based upon a preponderance off the evidence, that:

(1) The proposed urban lot split would have a specific adverse impact, as defined and determined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment and that there are no feasible methods to satisfactorily mitigate or avoid the impact; or

(2) The proposed urban lot split would not comply with all the criteria for approval per this division.

(Ord. No. 1714, § 4, 2-6-2023)

(a) A property owner seeking to complete an urban lot split shall be subject to the following general requirements, which shall be accepted and acknowledged by the property owner by signing and recording a covenant against the property. The covenant shall be supplied by the city and provide as follows:

(1) Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited;

(2) The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the dwelling units on one of the lots created by the urban lot split as their principal residence for at least three years from the date of the approval of the urban lot split.

(b) The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that neither the owner nor any person acting in concert with the owner of the parcel being subdivided has previously subdivided an adjacent parcel using an urban lot split as provided for in this division.

(c) Each owner of the property on which an urban lot split is proposed shall provide a signed affidavit stating that the owner intends to occupy one of the dwelling units on one of the lots created by the urban lot split as their principal residence for a minimum of three years from the date of the approval of the urban lot split, unless the applicant is a "community land trust," as defined in Revenue and Taxation Code § 402.1(a)(11)(C)(ii), or is a "qualified nonprofit corporation" as described in Revenue and Taxation Code § 214.15.

(Ord. No. 1714, § 4, 2-6-2023)

(a) Proposed urban lot splits shall comply with all the following:

(1) The parcel proposed for an urban lot split is located within the R-1 (Low Density Residential) zone.

(2) The urban lot split would not require the demolition or alteration of housing that:

a. 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; or that is subject to any form of rent or price control through a public entity's valid exercise of its police power;

b. Has been occupied by a tenant in the last three years.

(3) If any existing residential unit is proposed to be demolished, the proposal would comply with the replacement housing provisions of Government Code § 66300(d).

(4) The parcel proposed for an Urban Lot Split is not a parcel on which an owner of residential real property exercised rights under California Government Code § 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date the application is submitted.

(5) The parcel proposed for an urban lot split was not previously created through a prior urban lot split pursuant to this division.

(6) The parcel proposed for an urban lot split is not located:

a. Within a historic district, is not included on the State Historic Resources Inventory, and is not within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

b. On prime farmland or farmland of statewide importance as further defined in Government Code § 65913.4(a)(6)(B).

c. On wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

d. On a hazardous waste site that is listed pursuant to Government Code § 65962.5 or a hazardous waste site designated by the Department of Toxic pursuant to Health and Safety Code § 25356, 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.

e. In a special flood hazard area subject to induction by the 1 percent annual chance flood (100-year flood) or regulatory floodway as determined by FEMA. This criteria shall not apply if either of the following are met:

1. The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

2. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code § 65913.4(a)(6)(G)(ii).

(7) The urban lot split would not create a nonconforming condition related to the placement of buildings or to any other development standard of chapter 106, Zoning, of this Code, except as specified in this division.

(8) A signed affidavit has been provided in accordance with Section 78-184 of this Code.

(9) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using the urban lot split process.

(10) The application complies with all provisions of Government Code §§ 66411.7 and 65852.21, if the proposed urban lot split includes a concurrent application for a two-unit urban residential development, as defined in section 106-359 of this Code.

(Ord. No. 1714, § 4, 2-6-2023)

(a) The following requirements apply to all lots created using the urban lot split process pursuant to this division and Government Code § 66411.7, except to the extent that they would preclude the creation of no more than two new parcels that comply with the lot requirements of this section. Any modifications of these requirements shall be the minimum modification necessary to avoid physically precluding the creation of no more than two new parcels that comply with the lot requirements of this section.

(b) Lot requirements:

(1) Number: The parcel map subdividing an existing parcel pursuant to this division shall create no more than two parcels. Both parcels shall be considered new parcels.

(2) Street frontage: Each lot shall have street frontage on or access to a public right-of-way as required by the public works department. The lot split line shall be parallel to the street property line. If the street property line curves, the lot split line may have the same or similar curve radius or may be straight.

(3) Width: Lot width shall be per the R-1 zoning district. The width of any lot resulting from an urban lot split shall not be less than 75 percent of the original lot width. Flag lot width shall be measured across the large portion of the lot, not the narrow portion connected to the street.

(4) Depth: Lots created per this division are not required to have a minimum depth, provided that the minimum lot size stated in subsection (b)(5) below is maintained.

(5) Lot size:

a. No lot resulting from an urban lot split shall be smaller than 1,200 square feet.

b. The two resulting lots shall be of approximately equal lot area, and not smaller than 48 percent or larger than 52 percent of the lot area of the original parcel.

(6) Parcel configuration: Flag lots are permitted, provided that the narrow portion of the lot connected to the public right-of-way has sufficient width for a driveway and for emergency pedestrian access. An access easement shall be recorded providing street access for the rear parcel.

(7) Utilities:

a. Each parcel created by an urban lot split shall have water, sewer, storm drain, gas and electric utility service that comply with city standards.

b. The subdivider shall be responsible to install connections to city facilities in accordance with city standards.

c. All required utility connections shall be placed on the same parcel as the unit or units the utilities are serving, or shall be located within a utility easement.

d. Unused connections shall be abandoned per city standard.

(Ord. No. 1714, § 4, 2-6-2023)

(a) In addition to any requirements of this division, the following shall apply for any urban lot split:

(1) Easements shall be provided for the provision of public services and facilities.

(2) All parcels shall have access to, provide access to, or adjoin the public right-of-way.

(Ord. No. 1714, § 4, 2-6-2023)

(a) The recorded title for any lot or parcel created pursuant to this division shall include the following:

(1) That the urban lot split provisions of this division were used to approve the subdivision and may not be used to further subdivide the lot or parcel.

(2) The signed affidavit required per section 78-184.

(3) A rental of any unit created on the lot or parcel shall be for a minimum term of 31 consecutive days, and the unit shall not be used for short-term rentals.

(4) Uses on the lot or parcel shall be limited to residential uses.

(Ord. No. 1714, § 4, 2-6-2023)

Approval of an application for the urban lot split shall not be contingent upon the correction of a non-conforming zoning condition which existed at the time the application was filed.

(Ord. No. 1714, § 4, 2-6-2023)

The expiration of tentative maps created per this chapter shall be the same as for a standard tentative map as specified in section 78-71 of this Code.

(Ord. No. 1714, § 4, 2-6-2023)

Applications for urban lot splits shall include all information required by the public works department, as shown on official city application forms.

(Ord. No. 1714, § 4, 2-6-2023)