Sand City Municipal Code Ch. 17.55 Urban Lot Splits

The purpose of this chapter is to provide objective zoning standards for urban lot splits within single-family residential zones, to implement the provisions of state law as reflected in Government Code Section 65852.21 et seq. and Section 66411.7 et seq., and to facilitate the development of new residential housing units consistent with the City's general plan and ensure sound standards of public health and safety.

(Ord. 25-04, 9/16/2025)

The City Council enacts this chapter under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code Sections 65852.21 et seq. and 66411.7 et seq.

(Ord. 25-04, 9/16/2025)

A person "acting in concert with the owner," as used in Section 17.55.040B.6 below, 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.

"Adjacent parcel"

means any parcel of land that is: (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

"Car share vehicle"

means a motor vehicle that is operated as part of a regional fleet by a public or private care sharing company or organization and provides hourly or daily service.

"Common ownership or control"

means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns 10% or more of the interest in the property.

"Lower-income household"

has the meaning set forth in Health & Safety Code Section 50079.5.

"Moderate-income household"

has the meaning set forth in Health & Safety Code Section 50093.

"Sufficient for separate conveyance,"

as used in Sections 17.55.040(B)(11) and 17.55.050(B)(8) below, means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

"Urban lot split"

means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter.

"Very low-income household"

has the meaning set forth in Health & Safety Code Section 50105.

(Ord. 25-04, 9/16/2025)

A. The City Manager or his/her designee shall ministerially review an application for a parcel map that subdivides an existing parcel to create no more than two new parcels in an urban lot split, and shall approve the application if the criteria in Government Code Section 66411.7 and this section are satisfied.

B. Qualifying Criteria. Within the time required by the Subdivision Map Act, the City Manager or his/her designee shall determine if the parcel map for the urban lot split meets all the requirements in Government Code Section 66411.7(3) and:

1. Both resulting parcels are no smaller than 1,200 square feet.

2. Neither resulting parcel shall be smaller than 40% of the lot area of the parcel proposed for the subdivision.

3. The proposed lot split would not require demolition or alteration of any of the following types of housing:

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 any form of rent or price control through a public entity's valid exercise of its police power.

c. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

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

4. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City landmark or historic property or historic district pursuant to a City ordinance.

5. The parcel being subdivided was not created by an urban lot split as provided in this section.

6. 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 in this section.

7. The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

a. The Planning Official, shall waive or modify any standard if the standard 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. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of 800 square feet each on each parcel.

b. Notwithstanding subsection B.7.a above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

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

9. Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The proposed dwelling units shall provide a separate gas, electric, and water utility connection directly between each dwelling unit and the utility, unless otherwise waived by the City's Building Official.

10. Parking. One space shall be required per unit constructed on a parcel created pursuant to the procedures in this section, except that no parking may be required where:

a. The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

b. There is a designated parking area for one or more car-share vehicles within one block of the parcel.

11. Compliance with Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in Government Code Section 66411.7. Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of off-site improvements may be required as a condition of approval for an urban lot split, although easements may be required for the provision of public services and facilities.

12. The correction of nonconforming zoning conditions may not be required as a condition of approval.

13. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

C. Owner-Occupancy Affidavit. The applicant for an urban lot split shall sign an affidavit, in the form approved by the City stating that the applicant 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 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 is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

D. Recorded Covenant. 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 comply with Government Code 66411.7(a)(3)(i).

E. Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed urban lot split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is 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. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

F. Enforcement. The City Attorney shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. 25-04, 9/16/2025)