Tiburon Municipal Code Art. 4 Urban Lot Splits

Footnotes:

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Editor's note— Ord. No. 612 N.S., § 3(Exh. A), adopted September 3, 2025, amended Art. 4, in its entirety to read as herein set out. Former Art. 4, §§ 14-3.313—14-3.316, pertained to similar subject matter, and derived from Ord. No. 597 N.S, § 2, adopted May 18, 2022.

It is the purpose of this chapter to provide procedures necessary for the implementation of Government Code section 66411.7 pertaining to urban lot splits. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety, and general welfare, and for the promotion of orderly growth and development.

Owners of real property or their representatives may continue to exercise rights for property development in conformance with the Zoning Code and Subdivision Code. Development applications that do not satisfy the definitions for an urban lot split provided in Article 4. Urban Lot Splits (Definitions) shall not be subject to this Ordinance. The provisions of this Division shall be interpreted in a manner which is the most limiting on the ability to create an urban lot split, but which is consistent with State law. The provisions of this Division shall supersede and take precedence over any inconsistent provision of the Town Code to the extent necessary to effect the provisions of this division.

Ord. No. 612 N.S., § 3(Exh. A), 9-3-2025)

(a) "Urban lot split" means the subdivision of a parcel within a residential single-family zone into no more than two parcels pursuant to the authority set forth in Government Code section 66411.7.

(b) "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

Ord. No. 612 N.S., § 3(Exh. A), 9-3-2025)

(a) Ministerial review. An urban lot split shall be ministerially approved, without discretionary review or hearing, if the proposed housing development meets all provisions of this chapter and conforms to all applicable objective requirements of the Subdivision Map Act (Division 2) commencing with Government Code section 66410.

(b) Parcel map. Applicants for urban lot splits shall submit a parcel map application.

(1) Applications shall include, at a minimum:

a. An affidavit from the applicant stating the applicant intends to occupy one of the housing units created through an urban lot split as the applicant's principal residence for a minimum of three years from the date of the approval of the urban lot split. An affidavit shall not be required if the applicant is a community land trust or qualified nonprofit corporation under Revenue and Taxation Code sections 214.15 or 402.1.

b. Parcel map applications shall be accompanied with all data and reports as set forth in section 14-3.304 and the fees as set forth in the applicable Town fee schedules.

(2) Parcel maps for urban lot splits shall not be conditioned on dedication of right-of-way or construction of offsite improvements.

(c) The Town shall act on a parcel map application for an urban lot split within sixty days of receipt of a complete application. If the Town fails to act on a complete application within sixty days, the application will be deemed approved. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay. The Town has acted on the application if it:

(1) Approves or denies a parcel map application for an urban lot split; or

(2) Informs the applicant in writing of a list of items that are defective or deficient and a description of how the application can be remedied to comply with this chapter or other applicable laws and regulations.

(d) Development. Development on the resulting parcels is limited to a project approved by the two-unit housing Chapter (16-77) development process, or through the Town's standard discretionary process.

(e) Appeals. Urban lot split application decisions are ministerial and are not subject to an appeal.

Ord. No. 612 N.S., § 3(Exh. A), 9-3-2025)

(a) Zoning district. A parcel that is located within a single-family residential zone.

(b) Legal parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and the Town's Subdivision Regulations in effect at the time the parcel was created. Applications for an urban lot will only be accepted on parcels with either a recorded parcel map or certificate of compliance. When both an urban lot split and two-unit housing development application are submitted simultaneously, no construction or building permits for new construction or grading activities may be issued until the new parcel map for the urban lot split approval has been recorded.

(c) Adverse impact upon health and safety. A proposed urban lot split shall be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined and determined in Government Code section 65589.5, subdivision (d)(2), 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.

(d) Limitations on approval. A proposed urban lot split shall not be eligible for approval pursuant to this chapter if any of the following circumstances apply:

(1) The proposed urban lot split would require demolition or alteration of "protected housing." Protected housing includes:

a. 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.

b. Housing that is subject to rent control through valid local rent control provisions.

c. A parcel on which the owner of residential real property has withdrawn accommodations from rent or lease pursuant to Government Code section 7060 within fifteen years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act).

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

(2) The parcel to be subdivided satisfies the requirements of Government Code section 65913.4, subdivision (a)(6), subsections (B) to (K), inclusive. (3). The parcel to be subdivided has been established through prior exercise of an urban lot split pursuant to this chapter.

(3) The parcel to be subdivided is located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a Town or county landmark or historic property or district.

(4) Neither the owner of the parcel to be subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split pursuant to this chapter. "Acting in concert" means the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.

Ord. No. 612 N.S., § 3(Exh. A), 9-3-2025)

The following objective development standards shall apply to urban lot splits. In addition to these standards, all provisions of the California Building Code shall apply to urban lot splits.

(a) General standards.

(1) Urban lot splits shall be permitted in all single-family residential zones, as provided for in chapter 16 of the Municipal Code.

(2) Uses created through an urban lot split shall be limited to residential uses.

(3) Short term rentals prohibited. The rental of any unit created through an urban lot split shall be for a term of longer than thirty days.

(b) Objective development standards.

(1) Both newly created parcels must have a minimum lot size of one thousand two hundred square feet.

(2) Neither of the resulting parcels can be smaller than forty percent of the lot area of the original parcel.

(3) The resulting parcels must both have access to or adjoins 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.

(4) The resulting parcel shall have four-foot side and rear yard setbacks. (5) Flag/corridor lots. The access corridor of a flag/corridor lot, per 14-6.609 (1) (f), shall have a minimum frontage of no less than twenty feet, shall be either in fee as part of the parcel or as an easement, and shall be a minimum width as determined by the Town Engineer.

(5) If one (1) of the proposed lots is a flag/corridor lot, the area of the access corridor shall count toward the lot area as follows:

1. When an easement is used to provide access, the access corridor is included in the gross lot size for the lot granting the easement; and

2. When the access corridor is owned in-fee and is part of the rear lot, the access corridor is included in the gross lot size for the rear lot.

(6) Number of lots. The parcel map to subdivide an existing parcel shall result in no more than two (2) parcels.

(c) General requirements and restrictions. The following requirements and restrictions apply to all proposed urban lot splits:

(1) Lot Merger. Lots resulting from an urban lot split shall not be merged unless that lot merger can be done without loss of housing units and without causing a non-conforming building, lot, or use.

(2) Dedication and easements. The Town Engineer shall not require dedications of rights-of-way nor the construction of offsite improvements but may, however, require recording of easements necessary for the provision of private services, facilities, and future public improvements or future public services, facilities, and future public improvements.

(3) Existing structures. 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.

(4) Intent to occupy. The applicant shall submit a signed affidavit to the Community Development Director attesting that the applicant intends to occupy one (1) of the housing units on the newly created parcels as their principal residence for a minimum of three (3) years from either:

1. The date of the approval of the urban lot split when the intent is to live in an existing residence; or

2. The date of the issuance of the certificate of occupancy when the intent is to occupy a newly constructed residential unit.

This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Revenue and Taxation Code section 402.1, or a "qualified nonprofit corporation" as described in Revenue and Taxation Code section 214.15.

(5) Non-conforming conditions. The Town shall not require, as a condition of approval, the correction of nonconforming zoning conditions. However, no new nonconforming conditions may result from the urban lot split other than setbacks, maximum allowed lot coverage, and maximum allowed floor area ratio.

(6) Prior subdivision. A parcel created through a prior urban lot split may not be further subdivided. The subdivider shall submit a signed deed restriction to the Community Development Director documenting this restriction. The deed restriction shall be recorded on the title of each parcel concurrent with recordation of the parcel map.

(7) Recorded covenant. Prior to approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the Town, which shall run with the land and provide for the following:

1. A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section;

2. A limitation restricting the properties to residential uses only; and

3. A requirement that any dwelling units on the property may only be rented for a period longer than thirty (30) days.

(8) Adjacent parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this division as stated under Government Code section 66411.7, subdivision. (a)(3)(G).

(d) Exceptions to development standards. Notwithstanding subsections (b) and (c) of this section, all development standards shall be subject to the following:

(1) Any standards that 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, shall not be imposed.

(2) No setback shall be imposed for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

(3) Correction of any legal nonconforming zoning condition shall not be required as a condition of approval of an urban lot split.

(Ord. No. 612 N.S., § 3(Exh. A), 9-3-2025)