Article 15-57

MINISTERIAL CONSIDERATION OF QUALIFYING PROJECTS*

Sections:

The purpose of this Article is to regulate Urban Lot Splits and Two-Unit Residential Developments, Three-Unit Residential Conversions, Affordable MultiFamily Dwellings, and Small Lot Subdivisions and development of Small Lot Subdivisions in compliance with California Government Code Sections 65583.2(h) and (i), 66452.6, 65852.21, 65852.28, 66411.7, and 66499.41 and to implement the Housing Element of the City's General Plan, to allow for ministerial approval of (i) certain parcel maps creating two lots, of projects including up to two detached or attached housing units on one parcel or up to three units in an existing home, (ii) multifamily housing projects with at least twenty percent of the units dedicated to serving lower income households, along with ancillary uses and structures, and (iii) certain subdivision maps creating up to ten lots on qualifying parcels and subsequent development of those lots. Notwithstanding any other provisions of this Chapter, eligible applications under this Article shall be considered ministerially by staff, without design review or other discretionary review or a hearing. (Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-32024; Ord. No. 413, § 1(Exh. A-3, § 31, 11-5-2025)

Terms used in this Article have the meanings set forth below:

(1) A person " acting in concert with the owner ," means a person that has common ownership or control

*Editor’s note— Ord. No. 399, § 1(Att. A), adopted April 3, 2024, amended the title of Article 15-57 to read as herein set out. The former Article 15-57 title pertained to two-unit residential developments and urban lot splits.

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. As used here, "Common ownership or control" means that property is 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 ten percent or more of the interest in the property.

(2) " 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-ofway, 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.

(3) " Car share vehicle " means 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.

(4) " Multi-Family Residential Zoning District " means the R-M zoning districts as defined in Chapter 15 of the City Code, as well as any area covered by the P-C (Planned Combined District) which allow multifamily residences.

(5) " Sufficient for separate conveyance ," 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 4100(including a residential condominium, planned development, stock cooperative, or community apartment project), or any other ownership type in which the dwelling units may be sold individually.

(6) " Single-Family Residential Zoning District " means the R-1, HR, and R-OS zoning districts as defined in Chapter 15 of the City Code, as well as any area covered by the P-C (Planned Combined District) for which single-family residences are the only dwelling units allowed, and which does not allow two-family residences or multifamily residences.

(7) " Small Lot Subdivision " means a subdivision of ten or fewer parcels with ten or fewer primary dwelling units to be developed with a housing development project as defined in Government Code section 65589.5(h)(2)(A) and meeting the requirements of Government Code sections 66499.41 and 65852.28.

(Saratoga Supp. No. 57, 1-26)

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(8) " 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 Article.

(9) " Two-Unit Residential Development " means a development that proposes no more than two new dwelling units or proposes to add one new dwelling unit to one existing dwelling unit that meets all the criteria and standards set forth in this Article.

(10) " Three-Unit Residential Conversion " means a development that proposes to add up to two new dwelling units to an existing structure that includes one or two existing dwelling units and meets all the criteria and standards set forth in this Article. A Three-Unit Residential Conversion shall not result in more than three total dwelling units within the structure. No new, freestanding structure may be constructed as part of a Three-Unit Residential Conversion.

(11) " Affordable Multi-Family Dwelling " means a multi-family dwelling, as defined in 15-06.240(c), including any building that meets the criteria of Section 15-21.020(c), in which at least twenty percent of the dwelling units are affordable to households of lower or very low incomes as defined in Government Code section 65584.

(12) " Vacant " means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as vacant: (i) housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income; (ii) housing that is subject to any form of rent or sales price control through a local public entity's valid exercise of its police power; housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.

(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-32024; Ord. No. 413, § 1(Exh. A-3, § 31, 11-5-2025)

(a) A Two-Unit Residential Development, ThreeUnit Residential Conversion, or Urban Lot Split may be located on parcels within all Single-Family Residential Zoning Districts with the following exceptions:

(1) Any parcel where the Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split would require demolition or alteration of any of the following housing types:

(i) 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.

(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

(iii) Housing that has been occupied by a tenant within the last three years.

(iv) 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 to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

(2) A parcel located within a historic district or including a property included on the State's Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or districts pursuant to a city or county ordinance.

(3) A parcel of one or more of the types specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6). Without limiting the foregoing, the most applicable of those specifications to the City of Saratoga are the following:

(i) A Two-Unit Residential Development, ThreeUnit Residential Conversion, or Urban Lot Split may not be located on any parcel within a very high fire hazard severity zone, as determined the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on the maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. As to Two-Unit Residential Developments and Urban Lot Splits, this subsection does not apply to parcels that have been excluded from specific hazard zones by ac-

(Saratoga Supp. No. 57, 1-26)

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tions of the City pursuant to Government Code Section 51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

(ii) A Two-Unit Residential Development, ThreeUnit Residential Conversion, or Urban Lot Split may not be located on any parcel located within a delineated earthquake fault zone as determined by the State Geologist in any official map 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 the City of Saratoga Building Department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

(4) For a Three-Unit Residential Conversion, any parcel located outside the R-1-20 and R-1-40 zoning districts.

(5) For a Three-Unit Residential Conversion, any parcel that lacks adequate water and sewer service to serve the additional units.

(b) An Affordable Multi-Family Dwelling may be located anywhere a multi-family dwelling is permitted.

(c) A Small Lot Subdivision may be located on an existing legal lot that:

(1) Is in a Multi-Family Residential Zoning District or, if vacant, a Single-Family Residential Zoning District;

(2) Is substantially surrounded by qualified urban uses as those terms are defined in Government Code section 66499.41(a)(2);

(3) Meets the following maximum lot area requirements:

(i) Is no larger than five acres, if the lot is in a Multi-Family Residential Zoning District; or

(ii) Is no larger than one and one-half acres, if the lot is in a Single-Family Residential Zoning District.

(4) Was not established pursuant to this Article 15-57.

(5) Is not a parcel of one or more of the types specified in subparagraph (a)(9) of Government Code

Section 66499.41. Without limiting the foregoing, the most applicable of those specifications to the City of Saratoga are the following:

(i) A Small Lot Subdivision may not be located on any parcel within a very high fire hazard severity zone, as determined the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on the maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202.

(ii) A Small Lot Subdivision may not be located on any parcel within a delineated earthquake fault 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 the building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-32024; Ord. No. 406, § 1(Att. 1, § 9), 3-5-2025; Ord. No. 413, § 1(Exh. A-3, § 31, 11-5-2025)

Development of Two-Unit Residential Development, Three-Unit Residential Conversion, or an Urban Lot Split pursuant to this Article shall comply with the following development standards and all applicable objective standards of the City Code including without limitation Article 15-59, Single-Family Dwelling Design Standards, except as otherwise expressly provided for in this section or in Article 15-56, Accessory Dwelling Units. A project proposed as part of a Two-Unit Residential Development, Three-Unit Residential Conversion, or an Urban Lot Split, which does not meet the requirements of this Article may seek discretionary approval pursuant to the applicable provisions of the City Code.

(a) Size of units. Dwelling units shall count toward the total maximum allowable floor area set by applicable zoning regulations.

(1) The maximum allowable floor area, as defined in City Code section 15-06.280, for the two lots created

(Saratoga Supp. No. 57, 1-26)

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15-57.040

by an Urban Lot Split shall be the allowable floor area for the original lot prior to the Urban Lot Split. Each lot shall have a maximum allowable floor area that is the larger of (i) the result of multiplying the allowable floor area for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area of the original lot or (ii) eight hundred square feet per dwelling unit, whichever is greater. Where an existing structure uses more than the floor area that would be allocated to its lot under method (i), the other lot shall have an allowable floor area equal to the greater of (A) the difference between the maximum for the two lots and the actual floor area already used, or (B) eight hundred square feet per dwelling unit. When a lot is limited to eight hundred square feet per dwelling unit pursuant to this section, no dwelling unit shall be greater than eight hundred square feet of floor area.

(2) The maximum allowable site coverage, as defined in Saratoga Municipal Code section 15-06.620(f), for each lot created by an Urban Lot Split shall be the larger of (i) the result of multiplying the allowable site coverage for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area of the original lot or (ii) the area required to construct two dwelling units of eight hundred square feet floor area each.

ga Municipal Code section 15-06.620(f), for each lot created by an Urban Lot Split shall be the larger of (i) the result of multiplying the allowable site coverage for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area of the original lot or (ii) the area required to construct two dwelling units of eight hundred square feet floor area each.

(3) If application of the development standards of the City Code or this Article to a Two-Unit Residential Development or Three-Unit Residential Conversion would preclude construction of dwellings with a combined floor area equal to the floor area allowed for a dwelling by the underlying zoning district by City Code section 15-12.085, then the development may exceed the maximum site coverage allowed for the underlying zoning district in City Code section 15-12.080 and 15-13.080. Such exceedance shall be limited to the minimum site coverage required to construct dwellings with the allowed floor area. For purposes of this paragraph the "site" for the purpose of calculating site coverage shall be the lot on which the Two-Unit Residential Development is to be constructed or as depicted in a site plan, including one of the lots resulting from an Urban Lot Split.

(b) Accessory Dwelling Units. For purposes of City Code Section 15-56.020, a Two-Unit Residential Development or a Three-Unit Residential Conversion shall be considered "an existing or concurrently approved single-family dwelling unit."

(c) Maximum Height. No dwelling unit constructed pursuant to this Article as part of a Two-Unit Residential Development or on a lot created by an Urban Lot Split shall exceed two stories and a height of twenty-six feet, except as otherwise expressly provided for in this section. No dwelling unit constructed pursuant to this Article as part of a Three-Unit Residential Conversion shall exceed the height of the original structure subject to the conversion.

(d) Setbacks. No dwelling unit constructed pursuant to this Article as part of a Two-Unit Residential Development or on a lot created by an Urban Lot Split shall have an interior side or rear setback of less than four feet. Notwithstanding, no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. A Three-Unit Residential Conversion shall be subject to the setback requirements of the underlying zoning district. Attached covered patios constructed as part of a Two-Unit Residential Unit shall comply with the applicable setback requirements of the underlying zoning district.

(e) Accessory Uses and Structures. All accessory uses and structures shall comply with the development regulations contained in Chapter 15 of the City Code.

(f) Heating, ventilation and air conditioning (HVAC) mechanical equipment and generators. HVAC mechanical equipment and generators shall comply with the development regulations contained in 15-80.030(l).

(g) Off-Street Parking. One off-street parking space within an enclosed garage shall be required per unit in Two-Unit Residential Developments, Urban Lots Splits, or Three-Unit Conversion, with the exception that for Two-Unit Residential Developments and Urban Lots Splits, no off-street parking shall be required if any of the following apply:

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

(2) There is a designated parking area for one or more car share vehicles within one block of the parcel.

(h) Rental. No dwelling unit constructed as a part of Two-Unit Residential Development, Three-Unit Residential Conversion or Urban Lot Split shall be rented for a period of less than thirty days.

(Saratoga Supp. No. 57, 1-26)

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15-57.040

(i) Septic System. For any Two-Unit Residential Development or Three-Unit Residential Conversion that will be connected to an onsite septic system, the applicant must provide a percolation test showing compliance with applicable public health and safety standards and completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

(j) Adjacent or Connected Units. Proposed adjacent or connected dwelling units shall meet all applicable building code standards and be designed sufficient to allow separate conveyance. An Urban Lot Split may separate an existing accessory unit from its primary unit only if each unit meets all building code and other applicable requirements.

(k) Dedications. As to an Urban Lot Split, no provision of the City Code shall apply that requires dedication of right-of-way or the construction of offsite improvements for the lots being created, although easements may be required for the provision of public services and facilities to the resulting lots.

(l) Adverse Impacts. An application under this Article may be denied if the Chief Building Official makes a written finding, based upon a preponderance of evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-32024; Ord. No. 406, § 1(Att. 1, § 9), 3-5-2025; Ord. No. 413, § 1(Exh. A-3, § 31, 11-5-2025)

Development of Small Lot Subdivisions created pursuant to this Article shall comply with the development standards set forth below, the criteria in Government Code Section 65852.28, and all applicable objective standards of the City Code including without limitation Article 15-59, Single-Family Dwelling Design Standards, except as otherwise expressly provided for in this section or in Article 15-56, Accessory Dwelling Units. A project proposed as part of a Small Lot

Subdivision which does not meet the requirements of this Article may seek discretionary approval pursuant to the applicable provisions of the City Code.

(a) The proposed housing development project shall meet all the following requirements:

1. The proposed housing development project is on a lot created in accordance with Section 15-57.060 of this Code and Government Code Section 66499.41.

2. The proposed housing development project 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 that do not conflict with this Article or Government Code Sections 65852.28 and 66499.41; provided, however:

(i) The Director shall modify or waive any standard if the standard would have the effect of physically precluding the construction of the development project at twenty dwelling units per acre. Any modifications of development standards shall be the minimum modification necessary.

(ii) No setback between the units is required, except as provided in the California Building Code (Title 24 of the California Code of Regulations).

(iii) Required rear and side yard setbacks from the original lot lines of the lot to be subdivided 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.

(iv) For development on a vacant lot zoned for single-family residences, no height limit may be applied that is less than what is allowed per the existing zoning designation applicable to the lot.

3. Parking. One parking space, which may be uncovered or not enclosed, shall be required per unit constructed, except that no parking may be required where (i) the parcel is located within one-half mile walking distance of either a stop located in a highquality 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 (ii) there is a car share vehicle located within one block of the parcel.

4. Floor Area Ratio Standards. The following floor area ratios shall apply:

(i) For a housing development project consisting of three to seven units, inclusive, the floor area ratio is at least 1.0.

(Saratoga Supp. No. 57, 1-26)

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(ii) For a housing development project consisting of eight to ten units, inclusive, the floor area ratio is at least 1.25.

5. 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).

6. The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. ("Net habitable square feet" means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.)

7. The housing development project on the lot proposed to be subdivided complies with Article 15-82 of this Code (Inclusionary Housing).

8. The housing development project may include Accessory Dwelling Units or Junior Accessory Dwelling Units provided that such units are subject to a recorded enforceable restriction limiting occupancy of the unit to lower-income households as defined in Health and Safety Code section 50079.5 or moderate-income households, as defined in Health and Safety Code section 50052.5, and limiting any rent to be charged for the unit to the affordable rent set pursuant to Health and Safety Code section 50053. These units may not be used to satisfy the requirements of Article 15-82 and may not be used to satisfy any density requirements in this Article.

(b) Reserved.

(c) Building Permits for Housing Development of Small Lot Subdivisions. The Building Official shall issue a building permit for residential units that are part of a housing development project associated with a Small Lot Subdivision, if it meets the criteria in Government Code Section 65852.28 and the following:

1. The applicant has received a tentative map or parcel map approval for the subdivision.

2. The applicant has submitted a complete building permit application.

parcel map or its conditions of approval have been secured pursuant to sections 14-30.110 and 14-30.130(d) of this Code.

4. The applicant has submitted proof, to the satisfaction of the Director, of a recorded covenant and agreement enforceable by the City that the applicant agrees the building permit is issued on condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final subdivision or parcel map has been recorded.

5. The applicant has, pursuant to section 1430.130(d) of this Code, provided security to ensure faithful performance of the requirements identified in the approved tentative subdivision or parcel map or its conditions of approval in the form of bonds, an instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the sufficient funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit from such a financial institution. The amount of the security shall be an amount not more than three hundred percent of the total estimated cost of improvements or acts to be performed.

(d) Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed housing development on a Small Lot Subdivision may be denied if the Director or 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. In accordance with State law, 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.

(Ord. No. 413, § 1(Exh. A-3, § 31, 11-5-2025)

3. Any dedication, improvement, and sewer requirements identified in the approved tentative map or

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(Saratoga Supp. No. 57, 1-26)

15-57.050

A parcel map for an Urban Lot Split shall be allowed subject to ministerial review if the parcel map for the lot split meets all of the requirements in this section.

(a) Parcel Map. A parcel map for an Urban Lot Split shall be allowed with ministerial approval if the parcel map for the lot split meets all of the following requirements:

(1) The parcel is located within a Single-Family Residential Zoning District.

(2) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than forty percent of the lot area of the original parcel proposed for subdivision.

(3) Both newly created lots are no smaller than one thousand two hundred square feet.

(4) Each lot resulting from the Urban Lot Split adjoins the public right-of-way via a twenty foot street frontage or have access to the public right-of-way via a recorded twenty foot wide access easement benefiting the lot; if necessary to allow one lot resulting from an Urban Lot Split to meet this requirement, the other lot shall provide such an access agreement.

(5) Urban Lot Splits dividing a parcel with an existing street frontage of less than eighty feet provides only a single driveway curb cut providing access to both lots created by an Urban Lot Split, via a twenty foot wide access easement as needed.

(6) The Urban Lot Split does not result in a new lot with a width that is less than fifty percent of the width of the original parcel. For purposes of this Article "width" means "site width" as defined in City Code Section 15-06.620(d).

(7) The parcel has not been established through prior exercise of an Urban Lot Split as provided for in this Article and Government Code section 66411.7.

(8) 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 or county landmark or historic property or districts pursuant to a city or county ordinance.

(9) 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.

(10) The Urban Lot Split conforms to all applicable objective requirements of the Subdivision Map Act [Division 2 (commencing with Government Code Section 66410)] and the City Code, except as otherwise expressly provided for in this section.

(11) The landowner provides all easements required for the provision of public services and facilities to the resulting lots.

(b) Number of Units. Section 15-57.040(b) notwithstanding, no more than four dwelling units shall be allowed on any parcel created by the use of an Urban Lot Split or any parcel that is the site of a Three-Unit Residential Conversion. For purposes of this provision, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 66313, or a junior accessory dwelling unit as defined in Government Code Section 66313.

(c) Development Standards. Residential uses are the only allowed uses of a lot created by an Urban Lot Split. Development standards for residential development on each new lot resulting from an Urban Lot Split shall conform to section 15-57.040 of this Article. Development standards shall be applied to each new building individually. If application of the development standards of the City Code, including this Article, to an Urban Lot Split would have the effect of physically precluding the construction of two units on either of the resulting lots or that would result in a unit size of less than eight hundred square feet, the lots shall conform as closely as possible to those standards while allowing the construction of two dwelling units of eight hundred square feet floor area on each lot. Sections 15-57.050(a)(2) and (3) are not subject to this exception.

(d) Accessory Dwelling Units. Notwithstanding Government Code Section 66316 through 66339, inclusive, Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be permitted on any lot resulting from an Urban Lot Split on which a Two-Unit Residential Development has been approved under this Article.

(e) Nonconforming Zoning Conditions. Correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a parcel map application for the creation of an Urban Lot Split.

(Saratoga Supp. No. 57, 1-26)

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(f) Residency Requirement. An applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the housing units on the resulting lots as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. In the event that the applicant cannot sign such affidavit because the land to be subject to the Urban Lot Split is vacant or they occupy a unit on the land but intend to demolish that unit within three years, the applicant will qualify for ministerial approval as set out in this article by signing an alternative affidavit. The alternative affidavit shall state the reason for using this alternative affidavit and that the applicant (i) intends to initiate approval of at least one housing unit on the property within three years from the date of approval of the Urban Lot Split and (ii) intends to occupy one of the units so constructed as their principal residence for a minimum of three years from the issuance of the last Certificate of Occupancy for the residence to be occupied and any dwelling units for which the applicant simultaneously applies. No affidavit requirement shall apply to an applicant that is a "community land trust," as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or is a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15.

(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 405, § 1(Att. 1.6), 10-152024; Ord. No. 406, § 1(Att. 1, § 9), 3-5-2025)

A parcel map or tentative and final map for a Small Lot Subdivision shall be subject to ministerial review and approval if the map meets all of the requirements in Government Code Section 66499.41 and this section.

(a) The proposed subdivision will result in ten or fewer parcels and the housing development project on the lot proposed to be subdivided will contain ten or fewer residential units not including any permitted accessory dwelling units or junior accessory dwelling units.

(1) The proposed subdivision may designate a remainder parcel, as defined under Government Code section 66424.6, that retains existing land uses or structures, does not contain any new residential units, and is not exclusively dedicated to serving the housing development project. The remainder parcel shall not be counted against the ten-parcel maximum.

(b) The lot to be subdivided meets all the requirements set forth in section 15-57.030(c).

(c) The newly created parcels meet the following minimum lot area requirements:

(1) No smaller than six hundred square feet if zoned for multi-family residential; or

(2) No smaller than one thousand two hundred square feet if zoned for single-family residential.

(d) The housing units on the lot proposed to be subdivided are one of the following:

(1) Constructed on fee simple ownership lots;

(2) Part of a common interest development;

(3) Part of a housing cooperative, as defined in Civil Code Section 817;

(4) Constructed on land owned by a community land trust meeting the requirements of Government Code Section 66499.41; or

(5) Part of a tenancy in common, as described in Civil Code Section 685.

(e) The proposed housing development project must meet one of the following:

(1) If the parcel is identified in the Housing Element for the current planning period, the development must result in at least as many units as projected for the parcel in the Housing Element. If the parcel is identified to accommodate low- or very-low income households, the development must result in at least as many low- or very-low income units as projected in the Housing Element. These units shall be subject to a recorded affordability restriction of at least forty-five years.

(2) If the parcel is not identified in the Housing Element for the current planning period, the development must result in a density of twenty units per acre. The area of any designated remainder parcel described in 15-57.060 shall be excluded from the calculation of residential density under this subsection.

(f) The proposed subdivision shall conform to all applicable objective requirements of the Subdivision Map Act (commencing with Government Code Section 66410), except as otherwise expressly provided in this Article and Government Code Section 66499.41.

(g) The proposed subdivision complies with all applicable standards for a Small Lot Subdivision established in this Article and Government Code Section 65852.28.

(h) The parcels created by the proposed subdivision must be served by a public water system and a municipal sewer system.

368.7

(Saratoga Supp. No. 57, 1-26)

15-57.060

(i) The proposed development of the lot to be subdivided does not require the demolition or alteration of any of the types of housing listed in this subsection; the subdivision's conformance with this requirement shall be demonstrated by an affidavit, signed by the owner of the property in the form approved by the Director, stating that none of the conditions listed below exist and, if there are any units housing units on the property, including a comprehensive history of the occupancy of the units to be altered or demolished for the past five years on a form approved by the Director:

(1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low-, very low-, or extremely 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) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.

(4) A parcel 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 fifteen years before the date that the development proponent submits an application.

(j) The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.

(k) Prior to sale of any lot in the proposed subdivision at least one residential structure in compliance with applicable provisions of the Chapter 16 (Building Regulations) must be developed on each resulting parcel that (i) does not already contain an existing legally permitted residential structure; (ii) is not reserved for internal circulation, open space, or common area; (iii) is not the only remaining parcel within the subdivision that is not developed with a residential structure that was completed in compliance with all applicable provisions of the California Building Standards Code; or (iv) is not a remainder parcel created in accordance with section 15-57.060. Violation of this subsection shall constitute the sale of real property that has been divided in violation of the provisions of this division

and state law and shall be subject to the penalties and remedies set forth in Chapter 7 of the Government Code (commencing with Section 66499.30) and the Saratoga Municipal Code.

(l) A parcel created under this Article may not be further subdivided pursuant to an Urban Lot Split.

(m) Notwithstanding the foregoing, the proposed subdivision is not required to comply with either a minimum requirement on size, width, depth, frontage, or dimensions of an individual parcel beyond the minimum parcel size specified in above and shall not be required to form a homeowners' association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). This limitation does not prohibit the City from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.

(n) A subdivision may be denied if the Director makes a written finding, based on a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact upon public health and safety, 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.

(Ord. No. 413, § 1(Exh. A-3, § 31, 11-5-2025)

(Saratoga Supp. No. 57, 1-26)

368.8

15-58.020