Scotts Valley Municipal Code Ch. 16.78 Urban Lot Splits

This chapter contains requirements for urban lot splits pursuant to Government Code Section 66411.7. These requirements are necessary to preserve public health, safety, and general welfare, and to promote orderly growth and development. In cases where a requirement in this chapter directly conflicts with Government Code Section 66411.7, the Government Code governs.

(Ord. No. 16.141, § 2, 5-15-2024)

A. SB 9 Residential Development. A residential project on a parcel within a single-family residential zoning district proposed pursuant to Government Code Section 65852.21 and Municipal Code Chapter 17.55 (SB 9 Residential Development).

B. Urban Lot Split. The subdivision of an existing parcel into two parcels within a single-family residential zoning district proposed pursuant to Government Code Section 66411.7.

(Ord. No. 16.141, § 2, 5-15-2024)

A. Parcel Map Required. A parcel map is required for all urban lot splits pursuant to Government Code Section 66411.7.

B. Eligibility. The city shall accept a parcel map application for an urban lot split only if the application complies with all of the following requirements.

1. Zoning District. The existing parcel is located in the R-1 Single-Family Residential, R-R Residential-Rural, or R-MT Residential-Mountain zoning district.

2. Existing Parcel Size. The area of the existing parcel is two thousand four hundred square feet or more.

3. Environmental Resources and Hazards. The parcel satisfies the requirements of Government Code subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, which prohibits development on sites subject to specified environmental resources and hazards.

4. Affordable and Rental Housing. The proposed urban lot split would not require demolition or alteration of any of the types of housing identified in Government Code paragraph (3) of subdivision (a) of Section 65852.21.

5. Historic Resources. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

6. No Prior Urban Lot Split.

a. The parcel was not established through a prior urban lot split.

b. 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.

C. Application Contents. A parcel map application for an urban lot split must be filed with the city on an official city application form. Applications shall be filed with all required fees, information, and materials as specified by the city.

D. Ministerial Approval. The city shall ministerially approve a parcel map for an urban lot split if the application complies with all requirements of this chapter. No public hearing or discretionary review is required.

E. Subdivision Map Act Compliance. The city shall approve an urban lot split only if it conforms to all applicable objective requirements of the subdivision map except as otherwise provided in this chapter.

F. Time Period for City Action.

1. The city shall approve or deny the urban lot split application within sixty days from the date the city receives a completed application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay.

2. If the city does not approve or deny the completed application within sixty days, the application shall be deemed approved.

G. Basis for Denial.

1. The city shall deny the urban lot split if either of the following is found:

a. The urban lot split fails to comply with any requirement in this chapter. Any such requirement that is the basis for denial shall be specified by the city in writing.

b. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5 of the Government Code, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2. The city shall not deny an urban lot split solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

3. For purposes of this chapter, "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 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.

H. Comments for Denied Application.

1. If the city denies an urban lot split application, the city shall provide written comments to the applicant that list the items that are defective or deficient and describe how the application can be remedied by the applicant.

2. Written comments required by Paragraph 1 above shall be provided to the applicant within the time period described in Subsection F (Time Period for City Action) of this section.

I. Conditions of Approval.

1. Easements. The city shall condition parcel map approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right-of-way.

2. Dedications and Improvements. The city shall not require dedications of rights- of-way or the construction of offsite improvements for the parcels being created as a condition of parcel map approval.

3. Nonconforming Zoning Conditions. The city may not require the correction of nonconforming zoning conditions on the parcel a condition of parcel map approval.

(Ord. No. 16.141, § 2, 5-15-2024; Ord. No. 16.142.1, § 1, 6-18-2025)

A. Number of New Parcels. An urban lot split may create no more than two new parcels.

B. New Parcel Size. The area of each newly created parcel must be:

1. At least one thousand two hundred square feet; and

2. No smaller than forty percent of the parcel area of the original parcel.

C. Lot Dimensions and Density. Minimum lot area, width, depth and density standards in the applicable zoning district do not apply to an urban lot split.

D. Maximum Number of Dwelling Units. No more than two dwelling units, including any accessory dwelling units or junior accessory dwelling units, are permitted on a parcel created by an urban lot split.

E. Access to Public Right-of-way. The newly created parcels shall provide access to the public right-of-way sufficient to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code section 503 (Fire Apparatus Access Roads) and California Code Regulations Title 14, section 1273.00 et seq. (Intent).

F. Setbacks. An SB 9 residential development on a parcel created by an urban lot split shall comply with the following setback requirements:

1. Minimum Yards:

a. Front: As required in the applicable zoning district.

b. Side: Four feet, except that no yard is required for a new side lot line shared between two parcels created through the urban lot split.

c. Rear: Four feet.

2. As provided in Section 17.55.050, an SB 9 residential development that complies with the minimum yard requirement for a single-family dwelling in the applicable zoning district is eligible for greater unit size than is allowed for SB 9 residential development that does not comply with the zoning district minimum yard requirement.

3. Notwithstanding Paragraph 1 above, no setback is required for an existing structure or a structure reconstructed in the same location and to the same dimensions as an existing structure.

G. Parking. An SB 9 residential development on a parcel created by an urban lot split shall comply with the following parking requirements:

1. Required Parking. A minimum of one off-street parking space shall be provided for each dwelling unit except as provided in Paragraph 2 below.

2. Exceptions to Required Parking. No off-street parking is required in the following cases:

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

b. There is a car share vehicle located within one block of the parcel. A 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 that meet all the following criteria:

(1) Provides hourly or daily service;

(2) Vehicle reservations are processed and paid for using an on-line system;

(3) Vehicles can be accessed where they are parked without having to go to a different physical location to execute a contract and/or pick up the keys; and

(4) Fleet has more than five cars in Scotts Valley and more than twenty cars in Santa Cruz County.

3. Location on Lot. As required by Section 17.44.030(J), driveways and parking spaces shall not proportionately occupy more than three hundred square feet for each ten feet of required front yard setback.

4. Garages. Required parking spaces may be uncovered for an SB 9 project with two or fewer new units, including accessory dwelling units. Required parking shall be in a garage for the third or fourth unit in an SB 9 project.

5. Landscape Buffer.

a. Where a parking area with three or more spaces is located across a street or alley from or immediately adjacent to a residential district, a landscape strip not less than five feet in depth shall be planted and permanently maintained along the abutting property line of the parking area.

b. The landscape strip shall contain a row of landscaping with a minimum planting height of thirty-six inches.

c. Landscaping shall comply with intersection and driveway vision clearance requirements in Zoning Code Section 17.46.110.E.

H. Residential Land Use. The primary use of an SB 9 development on a parcel created by an urban lot split must be residential.

I. Owner Occupancy Affidavit.

1. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

2. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.

J. Vacation Rentals Prohibited. An SB 9 residential development on a parcel created by an urban lot split may not be rented for a term of less than thirty-one days.

K. Public Health and Safety. An urban lot split shall comply with the City of Scotts Valley SB 9 Public Health and Safety and Environmental Resource Protection Standards, which are adopted by City Council resolution and may be amended from time to time.

L. Municipal Code Compliance.

1. An urban lot split shall comply with all applicable provisions of the Municipal Code unless otherwise specified in this chapter.

2. In case of conflict between this chapter and other provisions in the Municipal Code, this chapter governs.

3. The city shall not impose any objective Municipal Code standard that would physically preclude the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet. The community development director shall grant an exception to the applicable standard to the minimum extent necessary to comply with this section.

(Ord. No. 16.141, § 2, 5-15-2024; Ord. No. 16.143, § 1, 12-17-2025)

A. Multi-Unit Residential Design Standards. Parcels created by an urban lot split shall comply with the Multi-Unit Residential Design Standards, which are adopted by city council resolution and may be amended from time to time.

B. Parcel Line Angles. New parcel lines that abut a street shall maintain right angles to streets or radial to the centerline of curved streets, or be parallel to existing parcel lines.

C. Street Frontage/Flag Lots.

1. For an urban lot split on a vacant lot that meets the zoning district minimum lot width, each newly created parcel shall have street frontage no less than forty percent of the street frontage of the original parcel. A flag/access easement area of a flag lot may not be used to satisfy this minimum street frontage requirement.

2. For an urban lot split on a vacant lot that does not meets the zoning district minimum lot width or on a lot with an existing home, the newly created parcels shall comply with one of the following:

a. Each newly created parcel has street frontage no less than forty percent of the street frontage of the original parcel; or

b. The urban lot split creates a flag lot consistent with existing objective flag lot standards in SVMC Section 17.46.060.F. City council approval of the flag lot is not required.

D. Allowed Exceptions.

1. The city shall not impose any objective standards pursuant to this section that would physically preclude the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet.

2. The community development director shall grant an exception to the applicable standard to the minimum extent necessary to comply with this section.

(Ord. No. 16.141, § 2, 5-15-2024)

A. Before obtaining a building permit for an SB 9 residential development on a parcel created by an urban lot split, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:

1. The parcel was created by an urban lot split and no further subdivision of the parcel is permitted.

2. The dwelling unit(s) on the parcel may not be rented for a term of less than thirty-one days.

B. The above declarations are binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement.

C. The deed restriction shall lapse upon removal of all dwelling units established on a parcel created under this chapter.

(Ord. No. 16.141, § 2, 5-15-2024)