Article II — URBAN LOT SPLITS

The purpose of this Article is to implement SB 9, establish objective standards and regulate qualified Urban Lot Splits and development in accordance with state law. Article II shall be implemented and interpreted in conjunction with Article I of this Chapter, California Government Code Sections 65852.21 and 66411.7 , San Mateo Municipal Code Chapter 23.40 and

Titles 26 and 27, and any other relevant San Mateo Municipal Code section or other City adopted plan.

Urban Lot Split Development. In addition to the rules of procedure listed in Section 27.21.030 of Article I above, an Urban Lot Split application shall also conform with the following:

(a) Submittal Requirements:

(1) Full Site Survey. A full site boundary survey stamped and signed by a Land Surveyor licensed by the State of California. A topographic and boundary survey shall be required for all properties with grades over 15%.

(2) Parcel Map. A parcel map pursuant to Title 26 of the San Mateo Municipal Code showing the proposed Urban Lot Split.

(3) Affidavit. A completed owner occupancy affidavit and acknowledgement that the property meets Urban Lot Split eligibility requirements outlined in Section 27.21.050 and that the owner of the property intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approved Urban Lot Split and recordation of the Final Map.

(A) Exception. This requirement 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 if the applicant is a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code .

(b) Final Parcel Map. Upon an Urban Lot Split application approval, the applicant shall prepare, file, and record a final parcel map with the Department of Public Works pursuant to Article II of Section 26.56 of the San Mateo Municipal Code.

(c) Dedications and Improvements. Unless required to accommodate an urban lot split or provide access to a parcel, no dedications of rights-of-ways or the construction of offsite improvements for parcels created pursuant to this Article shall be required as a condition of approval.

(d) Findings. To approve an Urban Lot Split application, the Zoning Administrator shall make the findings listed in Section 27.21.030 of Article I above, in addition to the following findings:

(1) The parcel being subdivided was not established through a prior SB 9 urban lot split application.

(2) The Urban Lot Split conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 commencing with Section 66410), except as otherwise provided in this Section.

(3) The parcel being subdivided is not adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided the adjacent parcel using the provisions of SB 9.

A deed restriction shall be submitted in a form approved by the City and recorded to run with the land for all development pursuant to this Article as indicated below:

(a) A prohibition of non-residential uses on any lot created pursuant to this Chapter;

(b) A prohibition of the establishment of short-term rentals and a requirement that a rental or lease of any dwelling unit created pursuant to this chapter shall be for a period of at least 30 consecutive days.

(c) A prohibition against further subdivision of the parcel using the Urban Lot Split procedures in this Chapter and pursuant to Government Code Section 65852.21 and 66411.7 , as amended;

The following lands classified as R1-A, R1-B, and R1-C are not eligible for an Urban Lot Split under this Article, if the parcel meets either of the following:

(a) Any parcel that was established through prior approval of an Urban Lot Split subdivision as provided for in this Article; or

(b) Any parcel proposed to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert (as defined in Section 27.21.020(b)) with said owner has previously subdivided the adjacent parcel using the provisions of this Article.

Development standards shall be applied to each parcel individually. Each parcel created by an Urban Lot Split shall conform to the Two-Unit Development Standards in Section 27.21.070 and Title 26 of the San Mateo Municipal Code except as otherwise listed below.

(a) Demolition. The demolition of 50% or more a structure's exterior structural walls or roof shall require the issuance of a ministerial Special Use Permit for the substantial removal of the existing structure pursuant to the applicable sections of Section 27.18.035 of the Municipal Code.

(b) Number of Units. On a lot established through an Urban Lot Split pursuant to Government Code 66411.7 , a maximum of two dwelling units shall be allowed per resultant parcel. In no case shall more than two dwelling units on a single lot in any otherwise allowed combination of primary units, SB 9 units, ADUs and/or JADUs be permitted.

(c) Parcel Map and Configuration.

(1) Number of Parcels. The parcel map shall create no more than two new parcels.

(2) Parcel Size.

(A) Each newly created parcel shall be of approximately equal areas. The smallest subdivided parcel shall not be less than forty percent (40%) of the lot area of the original parcel proposed for subdivision.

(B) Each newly created parcel shall be at least 1,200 square feet in gross area.

(d) Access and Driveways.

(1) Parcels resulting from an Urban Lot Split shall have access to, provide access to, or adjoin the public right-of-way through their frontage, access corridor, or access easement(s).

(A) A minimum 10-foot-wide strip of land owned in fee (i.e. flag lot 'pole') or 10- foot wide access easement shall be provided for all flag lots or landlocked parcels created through an Urban Lot Split. The width of the strip of land owned in fee for flag lots or width of the access easement for landlocked parcels shall not be less than the driveway width requirements of Section 27.64.025.

(B) A minimum 20-foot-wide strip of land owned in fee (i.e. flag lot 'pole') or 20- foot wide access easement shall be provided for all flag lots or landlocked parcels created through an Urban Lot Split where the length of the flag lot 'pole' or access easement is greater than 150 feet in length.

(2) Access to all new lots and/or units shall be compliant with the San Mateo Consolidated Fire District standard details and specifications for driveways and turnarounds.

(3) Easements for the adequate provision of public services and utilities and egress/ingress may be required.

(4) Proposed boundary lines shall be free of jogs in alignment, except where physical conditions and established property lines preclude the establishment of straight boundary lines, or such alignment would prohibit the creation of lots pursuant to this Article which are capable of being developed with two residential units that are at least 800 square-feet in size each.

(e) Other Development Standards.

(1) All development pursuant to this Article shall also be subject to additional development standards as outlined in Section 27.21.070(f) of this Chapter above.

Chapter 27.22 R3 DISTRICT—MULTIPLE FAMILY DWELLINGS (MEDIUM DENSITY)