St. Helena Municipal Code Ch. 16.26 Urban Lot Splits

Sections:

16.26.010 Purpose. 16.26.020 Definition. 16.26.030 Application. 16.26.040 Approval. 16.26.050 Requirements. 16.26.060 Specific, adverse impacts.

The purpose of this chapter is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7. (Ord. 21-7 § 3 (Exh. A))

“Urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this chapter. (Ord. 21-7 § 3 (Exh. A))

A. Only individual property owners may apply for an urban lot split. “Individual property owner” 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 corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).

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 chapter 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. 21-7 § 3 (Exh. A))

A. An application for a parcel map for an urban lot split is approved or denied ministerially, by the planning and building director, without discretionary review.

B. A parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this chapter. 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 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 chapter. (Ord. 21-7 § 3 (Exh. A))

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 (Government Code Section 66410 et. seq., “SMA”), as well as all applicable implementing requirements set forth in this title.

  2. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, 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.

  3. Notwithstanding Government Code Section 66411.1 of the SMA, no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split.

B. Zone. The lot to be split must be located in a single-family residential zone. For purposes of this section, single-family residential zones include the following zoning districts in the city: MR, LR, LR-1, and WW.

• C. Lot Location. The lot to be split may not be located on a site that is any of the following:

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

  2. A wetland.

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

  4. A hazardous waste site that has not been cleared for residential use.

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

  6. Within a one hundred (100) year flood hazard area, unless the site has either:

     • a. Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

     • b. Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.

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

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

9. Habitat for protected species.

10. Land under conservation easement.

D. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the California Historical Resources Inventory. The lot also may not be or be within a site that is designated by ordinance to be within a historic preservation district, 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 may not be established through a prior urban lot split.

   2. The lot to be split may not be 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. As used herein, “any person acting in concert with the owner” means any third party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

F. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

1. Housing that is income-restricted for households 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. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code Sections 7060 through 7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

4. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. 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 sixty percent (60%) and forty percent (40%) 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. 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 16.26.040(B).

• I. Lot Access.

  1. Each resulting lot must adjoin the public right-of-way.

  2. Each resulting lot must have frontage on the public right-of-way of at least twenty (20) feet.

J. Unit Standards.

1. Quantity. No more than two 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 Chapter 17.114, an ADU, or a JADU.

2. Floor Area Ratio, Height Limitations, Lot Coverage and Open Space Requirements. All existing standards in Title 17 related to floor area ratio, height limitations, lot coverage and open space requirements shall apply to lots created pursuant to this chapter, except to the extent that such standards would prevent two primary dwelling units of at least eight hundred (800) square feet each to be constructed on the lot.

3. Setbacks.

a. Generally. All setbacks must conform to those objective setbacks that are imposed in the underlying zone.

• b. Exceptions. Notwithstanding subsection (J)(3)(a) of this section:

  • i. Existing Structures. No setback is required for an existing legally established structure or for a new structure that is reconstructed in the same location and to the same dimensions as an existing legally established structure.

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

• iii. Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be consistent with the front setback requirements of the underlying zoning district.

4. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one covered or uncovered off-street parking space per unit and a driveway connected to a public street unless one of the following applies:

   • a. The lot is located within one-half 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 otherwise qualifies as a high-quality transit corridor as defined in Section 21155(b) of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.

   • b. The site is located within one block of a permanent, marked location for car-share vehicle pick-up and drop-off.

5. Design Standards. Each new primary dwelling unit shall comply with all objective standards as set forth in Title 17 as applicable in the underlying zoning district. Additionally, all development on a lot created by an urban lot split shall comply with all of the following:

   • a. All exterior lighting must be limited to down-lights.

b. If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than thirty (30) 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 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

• c. No rooftop decks shall be allowed on new dwelling units constructed on lots created by an urban lot split.

d. Upper story unenclosed landings, decks and balconies greater than twenty (20) square feet that face or overlook an adjoining property shall be located a minimum of fifteen (15) feet from the interior lot lines.

6. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots along interior lot lines (but not rights-of-way) as follows:

   • a. At least one fifteen (15) gallon size plant shall be provided for every five linear feet of exterior wall of the dwelling unit. Alternatively, at least one twenty-four (24) inch box size plant shall be provided for every ten (10) linear feet of exterior wall of the dwelling unit.

   • b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. All landscaping must be drought tolerant.

   • c. A complete landscaping and irrigation plan shall be submitted and approved by the planning and building department prior to the issuance of building permits for construction of one or more dwelling units on a lot created pursuant to this chapter.

7. Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

8. Utilities. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

9. 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.

10. Stormwater and Runoff Pollution Control. All construction activity or development that occurs on a lot created pursuant to this chapter shall comply with all requirements of Chapter 13.32 (Stormwater and Runoff Pollution Control).

• 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.

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 lots.

• L. Regulation of Uses.

  1. Residential Only. No nonresidential use is permitted on any lot created by urban lot split.

2. No Short-Term Rentals. 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 of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three 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 planning and building 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. Prior to approval of the final map for an urban lot split, the owner must record a deed restriction, acceptable to 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 nonresidential 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. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations. (Ord. 21-7 § 3 (Exh. A))

A. Notwithstanding anything else in this chapter, 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 Government 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. 21-7 § 3 (Exh. A))