San Marino Municipal Code Art. 06 Urban Lot Split Subdivision

No person shall create an urban lot split subdivision except by the filing of an urban lot split map approved pursuant to this title and the Subdivision Map Act. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

The urban lot split map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and:

A. Shall conform to the provisions of Section 66445 of the Subdivision Map Act.

B. Shall be based upon a field survey made in conformity with the Land Surveyors Act. (Gov. Code § 66448) (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

A. A subdivider applying for an urban lot split subdivision shall file an application with the Department of Community Development, together with copies of an urban lot split map. An applicant for an urban lot split subdivision shall sign and submit with the application an affidavit stating that the applicant shall occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split subdivision. In the event the owner of a lot is a legal entity, at least one owner of the entity shall reside on the lot. An affidavit shall not be required of an applicant that is either a “community land trust” or a “qualified nonprofit corporation” as defined in the Revenue and Taxation Code. If the applicant is not a natural person, the applicant shall submit an ownership disclosure.

B. The Department of Community Development shall not accept an application or map for processing unless the Department finds that the urban lot split subdivision is consistent with the zoning provisions of this code and that all approvals and permits required by the City zoning provisions for the project have been given or issued.

C. Notwithstanding the provisions of subsection B of this section, an urban lot split subdivision may be processed concurrently with documents, permits or approvals required by the zoning provisions of this code, if the applicant first waives the time limits for processing, approving or conditionally approving or disapproving an urban lot split subdivision provided by this title or the Subdivision Map Act.

D. Applicant must provide notice as required by Section 23.09.04. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

Such information as may be prescribed by the rules and regulations approved by the City Council and such additional information as the Department of Community Development may find necessary with respect to any particular case to implement the provisions of this title shall accompany the urban lot split subdivision at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act, and a certificate in accordance with Section 66450 of the Subdivision Map Act relating to unincorporated territory. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

The Department of Community Development shall ministerially approve an urban lot split subdivision only if the Department of Community Development determines that the urban lot split subdivision meets all of the following requirements:

A. Both newly created parcels shall be no smaller than 1,200 square feet.

B. Both newly created parcels shall be of approximately equal lot area, which for purposes of this paragraph shall mean that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

C. Unit size shall be not greater than 800 square feet.

D. The parcel being subdivided is located within the R-1 zone.

E. The parcel being subdivided is not located on a site that is any of the following:

1. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

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

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 a local agency, pursuant to subdivision (b) of Section 51179 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 or geologic hazard 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 any local 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 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 and is otherwise eligible for streamlined approval under this section, a local government 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 that local government 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:

a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

b. 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, a local government 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 that local government 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.

11. All high fire and high wind areas with substandard streets in Special Districts to be identified.

12. All hillside areas with established geotechnical and hydrology challenges in Special Districts to be identified.

F. The proposed urban lot split subdivision would not 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. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Government Code section 7060, et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application under this Chapter.

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

G. The parcel is not located within 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 City or county landmark or historic property or district pursuant to a City or county ordinance.

H. The parcel has not been established through prior exercise of an urban lot split subdivision as provided for in this Chapter.

I. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this Chapter.

J. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Department of Community Development.

K. A two unit residential development constructed on an urban lot split subdivision approved pursuant to this chapter shall comply with the requirements specified in Section 23.02.33.

L. A unit constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed sixteen feet (16') in height measured from the datum point, and in no event shall it exceed one story. Plate height shall be limited to 8 feet, six inches.

M. Each unit located on a parcel created pursuant to this chapter shall have vehicular ingress and egress to the public right-of-way.

N. Parking. A one-car garage is required for each unit, with minimum interior dimensions of ten (10) feet wide by twenty (20) feet deep, except that parking is not required if the parcel is located within one-half 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, or if there is a car share vehicle located within one block of the parcel. Two-unit residential developments are subject to 15.07.23. Each garage will be accessible by a 9-foot wide driveway and shall comply with access standards established in the Two-Unit Residential Development Design Standards and the Two-Unit Residential Development and Urban Lot Split Configuration Standards.

O. The uses allowed on a parcel created pursuant to this chapter shall be limited to residential uses.

P. If rented, dwelling units constructed on urban lot split subdivision lots shall only be used for rentals of terms of longer than thirty (30) days.

Q. Prior to approval of an urban lot split subdivision, the applicant shall have complied with the covenant recording requirement contained in Section 23.02.33.

R. Applicant will provide will-serve letters from utilities.

S. All new construction allowed for under this ordinance will have to comply with all applicable sections of the City-adopted 2019 California Fire Code including local amendments, and any future amendments adopted by the City of San Marino. Said requirements shall include but not be limited to: fire apparatus access roads and any additional access roads as may be required by the fire code official, fire sprinklers, fire alarms, including fire alarm monitoring, premises identification, and Fire Protection Water supplies including but not limited to Fire Hydrant Systems.

T. Each lot shall have at least a 60 foot frontage. Existing lots shall be split along the longest property line dimension. The front property line of any newly created lot shall be the lot line that is parallel to the public road that serves the lot.

U. There shall be no phasing of projects. If two new units are proposed, applicant must construct both units at the same time and obtain certificates of occupancy simultaneously.

V. A reciprocal easement agreement that is recorded on title is required for common driveways.

W. LEED Platinum Certification: Concurrent with the submission of any plans for units created under this ordinance for planning, building, or fire plan check, applicant shall file on forms approved by the Community Development Department, certification of LEED Platinum standard for the design of the said unit(s). This requirement does not apply to conversions of and additions to existing buildings. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

Development proposed on lots created by an urban lot split subdivision shall comply with any and all objective zoning standards, objective subdivision standards, requirements in this Article, and objective design review standards applicable to the parcel based on the underlying zoning, the Two-Unit Residential Development Design Standards and the Two-Unit Residential Development and Urban Lot Split Configuration Standards; provided, however, that the application of such standards shall be reduced if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

A. There shall be filed with each urban lot split subdivision a grading plan showing graded building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topography contours, may be shown on an exhibit to the urban lot split map. The grading plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. In the event no grading is proposed, a statement to that effect shall be placed on the urban lot split map. In no event shall grading pursuant to an application submitted under this chapter exceed fifty (50) cubic yards. The grading plan shall comply with Section 25.16.01.

B. Applicant shall comply with Section 14.12.01 and 25.16.01 related to compliance with the City’s MS4 Water Quality Permit. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

There shall be filed with each urban lot split map, a current preliminary title report of the property being subdivided or altered. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

Where a subdivider desires to revise an approved urban lot split map, the subdivider may file with the Department of Community Development, prior to the expiration of the approved urban lot split map, a revised urban lot split map on payment of the appropriate fees. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

The Director of the Department of Community Development or his or her designee is authorized and directed to carry out the following duties, concerning applications for urban lot split subdivisions under this chapter:

A. Obtain the recommendations of other City departments, governmental agencies or special districts as may be deemed appropriate or necessary by the Director in order to carry out the provisions of this title;

B. Consider all recommendations and the results of all investigations and ministerially approve, or disapprove the application. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

The Department of Community Development shall ministerially approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the City. If the urban lot split map is disapproved, the reasons therefor shall be stated in the notice of disapproval. The Director’s determination on the application is final. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

The Department of Community Development shall not approve an urban lot split subdivision under any of the following circumstances:

A. The land proposed for division is a lot or parcel which was part of an urban lot split map that the City previously approved.

B. The subdivision proposes creation of more than two lots.

C. The Department of Community Development finds that the urban lot split map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued.

D. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, 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.

Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this title or the conditions of approval which have not been met or performed. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

After the approval by the City of an urban lot split subdivision, the City Clerk or an agent shall transmit the map to the County Recorder. An urban lot split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b). (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)

Corrections of and amendments to the urban lot split map shall be made pursuant to Section 66469 et seq. of the Act. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)