Sierra Madre Municipal Code Ch. 16.18 Urban Lot Splits

The purpose of this chapter is to establish objective standards and regulations to govern the subdivision of parcels as authorized under Government Code Section 66411.7, which was adopted into law by Senate Bill No. 9, effective January 1, 2022 ("SB 9"). If SB 9 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.

(Ord. No. 1452, § 3(Att. B), 4-12-22)

A. Under Government Code Section 66411.7(a)(3)(A), only parcels located within single-family residential zones are eligible for urban lot splits, including parcels located in the following zones:

1. R-1 One-Family Residential Zone;

2. R-C Residential Canyon Zone; and

3. H Hillside Management Zone.

B. Further, an applicant applying for an urban lot split must meet the following criteria:

1. The applicant's parcel was not established through a prior exercise of an urban lot split as provided for in this chapter.

2. The applicant's parcel is not adjacent to another parcel that was subject to an urban lot split by either the applicant or any person acting in concert with the applicant as provided for in this chapter. For the purposes of this chapter, "any person acting in concert" with the applicant includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the applicant.

3. The applicant's 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 a local historic landmark under Chapter 17.82 of this code.

4. The applicant's parcel is not located on a site that includes any of the characteristics listed in Government Code Section 65913.4(a)(6)(B)—(K).

C. An urban lot split is not available for any parcel where the urban lot split would require the demolition or alteration of any of the following types of housing:

1. 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.

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. A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

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

(Ord. No. 1452, § 3(Att. B), 4-12-22)

Prior to filing an application, a potential applicant shall meet with the director or his or her designee and pay all applicable fees to discuss the application process, subdivision design, and the need for supplemental information.

(Ord. No. 1452, § 3(Att. B), 4-12-22)

A. The applicant shall submit an urban lot split application in a form approved by the director.

B. The applicant shall pay all filing fees and deposits as prescribed by resolution adopted by the city council of the city of Sierra Madre.

C. Public notice of an application shall be provided by the city in a manner deemed reasonable in the sole discretion of the director.

(Ord. No. 1452, § 3(Att. B), 4-12-22)

A. Design and Development Standards. This section incorporates the design and development standards for the R-1 zone (Section 17.20.100), except as modified by this section.

B. Density Standards. No development may include more than two residential housing units under this chapter and no more than four residential housing units under this code.

C. Lot Line Standards.

1. An urban lot split may only subdivide one existing parcel and shall create no more than two new parcels.

2. All lot lines shall be contiguous to existing zoning boundaries.

3. All parcels created pursuant to this chapter shall have access to, provide access to, or adjoin the improved public right-of-way.

4. The subdivision shall not result in a new parcel with an average width that is less than the average width of the original parcel, unless this requirement would have the effect of physically precluding 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.

5. An urban lot split may not subdivide a parcel in a way that bisects an existing structure, unless the structure will be demolished or the structures meets building code safety standards and subdividing line is sufficient to allow separate conveyance.

D. Lot Size Standards.

1. The two parcels created by an urban lot split must be of approximately equal lot area provided that one parcel shall not be smaller than forty percent of the lot area of the original parcel.

2. In no instance shall any resulting parcel be smaller than one thousand two hundred square feet in area.

(Ord. No. 1452, § 3(Att. B), 4-12-22)

A. The director will review all applications under this chapter ministerially and without a public hearing or discretionary review.

B. In order to grant a ministerial design review permit, the director must find that the proposed project:

1. Complies with Chapter 16.18;

2. Complies with all objective general plan, zoning code, and design standards;

3. Complies with all provisions of state law; and

4. The building official has not made written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact 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. For purposes of this section, "specific, adverse impact" means 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, as specified in Government Code Section 65589.5(d)(2).

(Ord. No. 1452, § 3(Att. B), 4-12-22)

A. Upon issuance of a parcel map by the director, the applicant shall sign and record a covenant stating the following:

1. All resulting parcels will be used for residential use;

2. No dwelling unit on such new parcels shall be rented for a period of less than thirty days and cannot be occupied as a short-term rental unit;

3. Any development constructed in accordance with this chapter shall be subject to all development impact fees related to the development of a new dwelling unit.

4. Separate utility connections shall be provided for each parcel prior to recordation.

5. The applicant will occupy one of the housing units on the subdivided parcels as occupant's principal residence for at least three years from the date of the approval of the urban lot split.

6. The applicant will comply with all other provisions of the Sierra Madre Municipal Code that are not in conflict with the provisions of this chapter.

7. The applicant may apply for an accessory dwelling unit or junior accessory dwelling unit permit under Chapter 17.22 or a ministerial design review permit under Chapter 17.59, but under no circumstance may an applicant apply to develop housing units under both chapters.

8. The applicant is limited to developing a maximum of four units on the subdivided parcels.

9. Neither the applicant nor any successor in interest will apply for an urban lot split for the same parcel.

10. Neither the applicant, a successor in interest, nor any person acting in concert with the applicant or successor in interest may apply for an urban lot split for an adjacent parcel. For the purposes of this provision, "any person acting in concert" with the applicant includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the applicant.

B. The recorded document shall include a note on the parcel map indicating that each parcel was created using the provision of this chapter and that no further subdivision of the parcel is permitted.

(Ord. No. 1452, § 3(Att. B), 4-12-22)

The determination of the director of planning and community preservation may be appealed to the planning commission, pursuant to the provisions of Section 17.60.115, within fourteen days of the director's determination.

(Ord. No. 1452, § 3(Att. B), 4-12-22)