Santa Ana Municipal Code § 41-2107 Application

The purpose of this division is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7 and to meet the intent and objective of the State Legislature to ensure access to affordable housing opportunities as declared by the State Legislature under SB 9 Law.

(Ord. No. NS-3013, § 4, 12-21-21)

(a) "Individual property owner(s)" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C Corp, S Corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

(b) "Urban lot split" means the subdivision of an existing, legally subdivided lot into two (2) lots in accordance with the requirements of this division.

(Ord. No. NS-3013, § 4, 12-21-21)

(a) Owners. Only individual property owners may apply for an urban lot split.

(b) An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(c) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this division of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(Ord. No. NS-3013, § 4, 12-21-21)

(a) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Executive Director of Planning and Building or their designee, without discretionary review.

(b) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three (3) months after approval.

(c) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

(d) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(Ord. No. NS-3013, § 4, 12-21-21)

An urban lot split must satisfy each of the following requirements:

An urban lot split must satisfy each of the following requirements:

(a) Map Act Compliance.

(1) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code section 66410 et. seq., "SMA") and implementing requirements in this Code, except as otherwise expressly provided in this division.

(2) If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this division, or any other legal requirement:

(A) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to, an action for damages or to void the deed, sale, or contract.

(B) The city has all the remedies available to it under the SMA, including, but not limited to, the following:

(i) An action to enjoin any attempt to sell, lease, or finance the property.

(ii) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(iii) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

(iv) Record a notice of violation.

(v) Withhold any or all future permits and approvals.

(3) Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

(b) Zone. The lot to be split is in a zoning district that allows single-family residences.

(c) Lot location.

(1) The lot to be split is not located on a site that is any of the following:

(A) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(B) A wetland.

(C) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(D) A hazardous waste site that has not been cleared for residential use.

(E) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(F) Within a 100-year flood hazard area, unless the site has either:

(i) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

(ii) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(G) Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(H) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(I) Habitat for protected species.

(J) Land under conservation easement.

(2) The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.

(d) Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance or resolution as a city or county landmark or as a historic property or district.

(e) No prior urban lot split.

(1) The lot to be split was not established through a prior urban lot split.

(2) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

(f) No impact on protected housing.

(1) The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

(A) Housing that is income-restricted for households 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 policy power.

(C) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code sections 7060-7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

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

(2) As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subsection (f)(1) above is satisfied.

(A) The sworn statement must state the following:

(i) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

(ii) No housing that is subject to any form of rent or price control will be demolished or altered.

(iii) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last fifteen (15) years will be demolished or altered.

(iv) No housing that has been occupied by a tenant in the last three (3) years will be demolished or altered.

(B) The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

(g) Lot size.

(1) The lot to be split must be at least two thousand four hundred (2,400) square feet.

(2) The resulting lots must each be at least one thousand two hundred (1,200) square feet.

(3) Each of the resulting lots must be between forty (40) percent and sixty (60) percent of the original lot area.

(h) Easements.

(1) The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

(2) Each easement must be shown on the tentative parcel map.

(3) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section 41-2108(b).

(4) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

(i) Lot access.

(1) Each resulting lot must adjoin a public street right-of-way that meets the established standards for is designated street classification as specified in the Mobility Element of the General Plan.

(2) Each resulting lot must have frontage on the public street right-of-way of at least twelve and one-half (12.5) feet.

(3) Vehicle access easement serving a maximum of two (2) units shall be a minimum of twelve (12) feet in width and shall have a minimum length of twenty (20) feet.

(j) Unit standards.

(1) Quantity. No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this article, an ADU, or a JADU.

(2) Unit size.

(A) The total floor area of each primary dwelling that is developed on a resulting lot must be:

(i) Less than or equal to eight hundred (800); and

(ii) More than five hundred (500) square feet.

(B) A primary dwelling that was legally established prior to the urban lot split and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

(C) A primary dwelling that was legally established prior to the urban lot split and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after the urban lot split.

(3) Height restrictions.

(A) On a resulting lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or twenty-two (22) feet in height, measured from finished grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

(B) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

(4) Lot coverage. The maximum building coverage of net lot area shall be thirty-five (35) percent. If new structures are proposed to be one-story and be deed restricted to be maintained as one-story structures in perpetuity, a fifty (50) percent lot coverage is allowed. This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

(5) Open space. Private open space shall be provided for each unit at a minimum of one hundred (100) square feet in the form of a private covered patio or deck. The minimum dimensions of such space shall be eight (8) feet in each direction. This open space standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.

(6) Setbacks.

(A) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(B) Exceptions. Notwithstanding subsection j(6)(A) above:

(i) Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(ii) Eight hundred (800) sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.

(C) Front setback area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least twenty (20) feet from the front property lines. The front setback areas must:

(i) Be kept free from all structures greater than three (3) feet high;

(ii) Be at least fifty (50) percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and

(iii) Allow for vehicular and fire-safety access to the front structure.

(7) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one (1) off-street parking space per unit unless one (1) of the following applies:

(A) The lot is located within one-half (½) mile walking distance of either:

(i) A corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours; or

(ii) A site that contains:

(ia) An existing rail or bus rapid transit station; or

(ib) The intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

(B) The site is located within one (1) block of a car-share vehicle location. A car-share vehicle shall mean a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

(8) Architecture.

(A) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(B) If there is no legal primary dwelling on the lot before the urban lot split, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(C) All new structures and conversions of existing accessory structures shall meet objective standards of Division 3 of this article.

(D) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than three (3) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(9) Landscaping.

(A) The project shall be designed meeting all the landscaping standards of the Santa Ana Municipal Code set forth in section 41-240.

(B) Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:

(i) At least one 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) 24-inch box size plant shall be provided for every ten (10) linear feet of exterior wall.

(ii) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

(iii) All landscaping must be drought-tolerant.

(iv) All landscaping must be from the city's approved plant list.

(10) Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

(11) Utilities.

(A) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

(B) Notwithstanding subsection j(11)(A) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.

(C) All utilities must be underground.

(12) Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

(k) Separate conveyance.

(1) Within a resulting lot.

(A) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

(B) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

(C) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

(D) No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

(2) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots.

(l) Regulation of uses.

(1) Residential-only. No non-residential use is permitted on any lot created by urban lot split.

(2) No short-term vacation rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days.

(3) Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved.

(m) Notice of construction.

(1) At least thirty (30) business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(A) Notice that construction has been authorized;

(B) The anticipated start and end dates for construction;

(C) The hours of construction;

(D) Contact information for the project manager (for construction-related complaints); and

(E) Contact information for the Building & Safety Department.

(2) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(n) Deed restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:

(1) Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.

(2) Expressly prohibits any non-residential use of the lots created by the urban lot split.

(3) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

(4) Expressly requires that any net new unit created as a result of the provisions of this division be deed restricted for affordable housing at the following levels:

(A) Rental products shall be made affordable to very low or low income households.

(B) For-sale products shall be made affordable to moderate income households.

(5) States that:

(A) The lot is formed by an urban lot split and is therefore subject to the city's urban lot-split regulations, including all applicable limits on dwelling size and development.

(B) Development on the lot is limited to development of residential units under Divisions 2 and 3 of this article, except as required by State law.

(Ord. No. NS-3013, § 4, 12-21-21; Ord. No. NS-3038, § 42, 2-7-23)

(a) Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(b) "Specific adverse impact" has the same meaning as in Gov. Code section 65589.5(d)(2): "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" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

(c) The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(Ord. No. NS-3013, § 4, 12-21-21)