§ 15.155

It is the purpose of this chapter to provide procedures necessary for the implementation of Section 66411.7 of the Government Code pertaining to urban lot splits. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

(Ord. No. 2013, § 3, 8-1-2022)

A.

Ministerial Review. An urban lot split shall be ministerially approved, without discretionary review or hearing, if the proposed subdivision meets all provisions of this chapter and conforms to all applicable objective requirements of the Subdivision Map Act (Division 2) commencing with Section 66410 of the Government Code.

B.

Tentative Map. Pursuant to Government Code Section 66428(a), a tentative map and parcel map shall be required for all proposed urban lots splits. Tentative map applications shall be filed with the Department of Community Development by the property owner(s) of record or representatives of the property owner (subdivider) and must include all information specified in Section 15.02.020(a)-(f) of this title. The tentative map shall be reviewed and approved prior to submittal of the parcel map application. As part of the tentative map application, the property owner shall provide signed affidavits, all in a form approved by the City Attorney:

1.

A statement that the property owner intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the urban lot split. This subsection shall not apply to a property owner 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.

2.

If any existing housing is proposed to be altered or demolished, the owner of the property's statement that none of the conditions listed in Section 15.155.020(E)(3) exist. This affidavit shall include a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

3.

The property owner shall also sign an affidavit stating that neither the property owner nor any person acting in concert with the property owner, has previously subdivided an adjacent parcel using an urban lot split.

C.

Completeness Review of Tentative Map Application by Department of Community Development. Applications for a tentative map for an urban lot split shall be reviewed and processed by the Department of Community Development as follows:

1.

Within thirty (30) days of receipt of the application, the Department of Community Development shall review the materials to determine if all information has been submitted to deem the application complete for processing; and shall advise the property owner and/or subdivider, in writing, whether the application is complete or is incomplete, listing the additional information needed for processing.

D.

Action by Department of Community Development. The Department of Community Development shall act on a tentative map application for an urban lot split within sixty (60) days of receipt of a complete application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay. The Department of Community Development has acted on the application if it:

1.

Approves or denies a tentative map application for an urban lot split; or

2.

Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter or other applicable laws and regulations.

E.

Limitations on Tentative Map Approval. A proposed tentative map for an urban lot split shall not be eligible for approval pursuant to this chapter if any of the following circumstances apply:

1.

The proposed map is not consistent with the development standards as specified in Section 15.155.030 of this chapter.

2.

The building official makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, 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.

3.

The proposed urban lot split would require demolition or alteration of "protected housing." Protected housing includes:

a.

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.

b.

Housing that is subject to rent control through valid local rent control provisions.

c.

A parcel on which the owner of residential real property has withdrawn accommodations from rent or lease pursuant to Section 7060 of the Government Code within fifteen (15) years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act).

d.

Housing that has been occupied by a tenant in the last three (3) years.

4.

The parcel to be subdivided is located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a city or county landmark or historic property or district.

5.

The parcel to be subdivided is located in any of the specified designated areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the Government Code and does not satisfy the eligibility requirements therein.

6.

The parcel to be subdivided has been established through prior exercise of an urban lot split pursuant to this chapter.

7.

Either the owner of the parcel to be subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split pursuant to this chapter. "Acting in concert" means the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.

F.

Tentative Map Conditions of Approval. A tentative map for an urban lot split may be approved subject to conditions of approval. Conditions of approval may include the imposing of restrictions and easements, consistent with the provisions of this title, and compliance with specific permit requirements such as set forth in Section 14.16.282. Tentative maps for urban lot splits shall not be conditioned on dedication of

right-of-way or construction of offsite improvements. Tentative maps shall be conditioned to require approval of a parcel map by the Department of Public Works.

G.

Review of Parcel Map Application. Parcel maps shall conform to the requirements of, and shall be reviewed and approved pursuant to, Sections 15.03.090 through 15.03.140, with the following additional requirements:

1.

The parcel map created pursuant to an urban lot split shall contain a note on the map indicating that both new parcels were created using the provision of this chapter and Government Code Section 66411.7, and that no further subdivision of the parcels is permitted.

2.

Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney, which shall run with the land and shall contain the provisions listed below.

a.

A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this chapter;

b.

A limitation restricting the property to residential uses only; and

c.

A requirement that dwelling units on the property may be rented or leased only for a period longer than thirty days.

(Ord. No. 2013, § 4, 7-18-2022; Ord. No. 2041, § 2, 9-3-2024)

The following objective development standards shall apply to urban lot splits. In addition to these standards, all provisions of the California Building Code shall apply to urban lot splits.

A.

General Standards.

1.

Urban lot splits shall be permitted in all single-family residential zones including R2a, R1a, R20, R10, R7.5, and R5.

Uses created through an urban lot split shall be limited to residential uses.

3.

Short Term Rentals Prohibited. The rental of any unit created through an urban lot split, either primary or accessory, shall be for a term of longer than thirty (30) days.

4.

Accessory Dwelling Units. On parcels created through urban lot splits pursuant to this chapter, accessory dwelling units and junior accessory dwelling units shall be permitted as follows:

a.

An SB 9 Housing Development proposing one primary dwelling unit shall be permitted either one ADU or one JADU as set forth in Section 14.16.285—Accessory dwelling units on the parcel. All other provisions and development standards of Section 14.16.285 shall apply.

b.

Lots with two (2) SB 9 Housing Developments (where either of the two (2) primary dwelling units are existing or proposed) shall not be permitted any ADU/JADU on the same parcel.

c.

A single-family home with an ADU and JADU that was issued a building permit prior to July 18, 2022, shall not otherwise preclude an applicant from developing two (2) dwelling units pursuant to the provisions of SRMC 14.16.282 on a vacant lot created through an urban lot split (Chapter 15.155).

d.

The rental of any ADU/JADU shall be for a term of longer than thirty (30) days. This applies retroactively to any existing ADU/JADU on a parcel that subsequently utilizes the provisions of an SB 9 Development or an urban lot split (Chapter 15.155).

5.

Objective Development Standards. All applicable objective development standards set forth in Title 14— Zoning and Title 15—Subdivisions of the San Rafael Municipal Code apply to an urban lot split in addition to, or except as qualified, below.

6.

Parcels created through urban lot splits shall conform to the following:

a.

One (1) of the two (2) parcels shall not be smaller than forty percent (40%) of the lot area of the original parcel area of the subdivision.

b.

Each of the two (2) parcels shall have a minimum lot size of one thousand two hundred (1,200) square feet.

c.

Each parcel shall have access to, provide access to, or adjoin the public right-of-way.

d.

Each parcel shall possess easements and/or other necessary property rights required for the provision of public services and facilities.

B.

Exceptions to Development Standards. Notwithstanding subsection A of this section, all development standards shall be subject to the following:

1.

Any standards that would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet, shall not be imposed.

2.

No setback shall be imposed for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

3.

Correction of any legal nonconforming zoning condition shall not be required as a condition of approval of an urban lot split.

4.

Urban lot splits are not eligible for any additional exceptions, variances, or other deviations from the objective development standards.

(Ord. No. 2013, § 4, 8-1-2022)

Chapter 15.16 - VIOLATIONS AND ENFORCEMENT