Article 14 — QUALIFIED SENATE BILL 9 SUBDIVISIONS

The purpose of this article is to establish objective standards and regulations to govern the review and approval of urban lot splits, which are subdivisions of qualified Senate Bill 9 (2021) ("SB 9") properties, in single-family residential zones within the City of Walnut Creek. The provisions of this article are intended to ensure the orderly subdivision of qualified SB 9 properties, and to promote the development of small ownership or rental housing units designed to meet the housing needs of individuals and families, particularly those of low and moderate incomes, and for persons who are elderly or disabled. The regulations are established to implement the requirements under California Government Code Section 66411.7.

(§ 5, Ord. 2234, eff. 11/17/2023)

Notwithstanding any other requirement under this chapter or the Zoning Ordinance, applications for urban lot splits meeting the requirements of this article on parcels located within single-family residential zones shall be ministerially approved without public hearings or discretionary review, subject only to the requirements of this article. The single-family residential zones, as established by the Zoning Ordinance, are the Single-Family Residential District (R), the Hillside Planned Development District (H-P-D), and the Single-Family High-Planned Development District 1 (SFHPD1), and to lots located within the Planned Development District (P-D) where the single-family residential use classification (as defined by Section 10-2.1.403) is a permitted use, and where the multiple-family residential use classification (as defined by Section 10-2.1.403) is not a permitted use. (§ 5, Ord. 2234, eff. 11/17/2023)

Notwithstanding the provisions of Section 10-1.1402, Applicability—Ministerial Approval , the provisions of this article shall not apply in the following situations:

• A. Projects involving the demolition or alteration of any of the following:

  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. Dwelling units that have been occupied by a rental tenant at any time within the last three (3) years.

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

• B. Any lots previously subdivided using the provisions of this article and Government Code Section 66411.7.

• C. Projects located on lots 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 California Government Code to withdraw accommodations from rent or lease within the last fifteen (15) years.

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• D. Projects located on lots that are included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code.

• E. Projects located on a hazardous waste site that is listed pursuant to Section65962.5 of the California Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the California Health and Safety Code, unless the California Department of Public Health, California Water Resources Control Board, or California Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

• F. Projects located within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (one hundred (100) year flood) or regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the project satisfies the requirements of California Government Code Section 65913.4 (a)(6)(G) or (H).

• G. Projects located within habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (California Fish and Game Code Section 2050 et seq.), or the Native Plant Protection Act (California Fish and Game Code Section 1900 et seq.).

• H. Projects located within a conservation easement.

• I. Projects located on any other site described in Government Code Sections 65913.4(a)(6)(B) through (K), as applicable.

• J. Any parcel proposing to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided that adjacent parcel using the provisions in this article. For the purposes of this article, "any person acting in concert" with the owners 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 property owner.

• (§ 5, Ord. 2234, eff. 11/17/2023)

The following definitions, as well as the definitions contained in Sections 10-1.201 and 10-2.1.303, and the land use classifications contained in Section 10-2.1.403, shall apply to the provisions of this article:

Conservation Easement — means a restrictive covenant that runs with the land and binds upon successive owners that protects against future development such as preservation of open space, scenic, riparian, historical, agricultural, forested, or similar conditions.

Flag Lot — means a lot that has less than the minimum required frontage on a public or private street as required by the base district for subdivisions other than urban lot splits, has access to a public or private street or road by a narrow strip of land, and the largest portion of the lot is situated behind adjoining lots which front on a public or private street or road.

Panhandle — means the narrow strip of land on a flag lot that provides access to a public or private road or street.

Pre-SB 9 Primary Dwelling — means an existing single-family dwelling constructed prior to the

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SUBDIVISIONS

SB 9 Dwelling Unit — means a dwelling unit that is developed using the provisions in Part III, Article 15 of this title, Qualified Senate Bill 9 Properties, and the provisions identified in California Government Code Section65852.21 or 66411.7.

Urban Lot Split — means the subdivision of an existing parcel into two (2) parcels using the provisions contained in this article and in Chapter 2, Part III, Article 15 of this title, Qualified Senate Bill 9 Properties, and the provisions identified in California Government Code Section66411.7. (§ 5, Ord. 2234, eff. 11/17/2023)

The following objective standards and regulations apply to all urban lot splits under this article:

• A. Application. A tentative parcel map and parcel map shall be required for all proposed urban lot splits. Tentative parcel map applications shall be submitted to the City's Community Development Department and be prepared by a registered civil engineer or licensed land surveyor.

  1. Form and Content. The form and contents of the tentative parcel map shall comply and be consistent with the requirements of Section 10-1.402(2)(a) through (k).

  2. Reports and Data. The tentative parcel map application shall be accompanied by the following data or reports:

     • a. Soils Report. A preliminary soils report prepared in accordance with the City's Grading Ordinance shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the parcel map shall contain an investigation of each lot within the subdivision.

     • b. Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative map.

     • c. Engineering Geology and/or Seismic Safety Report. If the subdivision lies within a "medium-risk" or "high-risk" geologic hazard area, as shown on maps on file in the Community Development Department, a preliminary engineering geology and/or seismic safety report, prepared in accordance with guidelines established by the Community Development Department. If the preliminary engineering geology and/or seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, would lead to structural defects, an engineering geology and/ or seismic safety report shall accompany the final map and shall contain an investigation of each lot within the subdivision.

  3. Review of Tentative Parcel Map Application. The tentative parcel map application shall be filed with the Community Development Department for review only when the map conforms to the requirements of subsections (A)(1) and (2) of this section. The Community Development Department shall determine whether the application is complete within thirty (30) days after receipt of the application and shall notify the applicant of its determination in writing. The Community Development Department shall forward copies of the tentative parcel map to affected public agencies and school districts in accordance with the notification procedures set forth under Section 10-1.402(5). The application shall be

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determined as complete on the date a written "Certificate of Application Status" showing a complete application is prepared by the Planning Division and mailed to the subdivider.

4. Approval of Tentative Parcel Map Application. Upon completion of review and preparation of conditions of approval authorized by this article by the Community Development Department, the Zoning Administrator shall ministerially approve the tentative parcel map without discretionary review or public hearings if the tentative parcel map conforms to the requirements of this article. The Zoning Administrator's decision shall be final.

   5. Expiration and Extension. The expiration and extension of the tentative parcel map shall be in accordance with Section 10-1.501(8), unless a longer or shorter period is prescribed by applicable state law.

   6. Parcel Maps. Parcel maps shall conform to the requirements of, and shall be reviewed and approved pursuant to, Section 10-1.502.

   7. Fees. All persons submitting maps as required by this article shall pay all fees and/or deposits as provided by the City's resolution establishing fees and charges.

• B.

Subdivision Requirements.

1. Number of Parcels. An urban lot split shall create no more than two (2) lots.

2. Lot Area. No lot created by an urban lot split shall be smaller than forty percent (40%) of the area of the existing lot being subdivided. In addition, no lot created by an urban lot split shall be smaller than one thousand two hundred (1,200) square feet in area.

3. Zoning Ordinance Compliance. An urban lot split shall also comply with all applicable objective provisions of the Zoning Ordinance, including, but not limited to, Chapter 2, Part III, Article 15 of this title, Qualified Senate Bill 9 Properties .

4. Vehicular Access. Each lot resulting from the urban lot split shall have vehicular access to a public or private street. Vehicular access shall be provided to the satisfaction of the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, the Contra Costa County Flood Control District, and either the Contra Costa Water District or the East Bay Municipal Utilities District as the applicable service provider for the parcels.

5. Utility Easements. Easements required for the provision of public utilities and services shall be provided for the urban lot split as necessary.

6. Energy Conservation and Cable Television Service. The design of the urban lot split shall comply with the energy conservation and cable television service requirements under Section 10-1.804.

7. No Dedications. Notwithstanding the requirements of this chapter or the Zoning Ordinance, no dedication of streets, alleys or other public right-of-way or easements, park land or school sites shall be required for urban lot splits, except that urban lot splits shall be subject to the payment of a park land dedication in-lieu fee in an amount determined in accordance with the provisions of Sections 10-1.602(4) and 10-1.602(7), which fee to be used only in accordance with the provisions of Section 10-1.602(5).

8. Compliance with the Subdivision Map Act. The proposed urban lot split shall conform to

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all applicable objective requirements of the Subdivision Map Act (Government Code Section 66410 et seq.) except as otherwise provided for in this article.

• C. Improvements Required. The following improvements shall be required of all urban lot splits. The design and layout of such improvements shall conform to the generally acceptable engineering standards, to the City's Street Standards and Standard Plans and Specifications, and to such objective standards as approved by the City Engineer that are in effect at the time of tentative map application submittal. Notwithstanding any provisions elsewhere in this Code, no right-of-way dedications or off-site improvements, such as those outside of the subdivided parcels serving the general use of the local neighborhood and the public, shall be required.

  1. Sanitary Sewers. Each unit or lot within the subdivision shall be served by a community sewer collection system as required by Section 10-7.104, unless an individual system is permitted thereunder.

  2. Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.

  3. Utilities. Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone, and cable television facilities.

     • a. All new utilities within the subdivision shall be placed underground except those facilities exempted by the Public Utilities Commission Regulations and as otherwise provided in Section 10- 1.802(6).

  4. Storm Drainage. Storm water runoff from the subdivision shall be collected and conveyed by an approved storm drain system consistent with City Drainage Design Standards and Standard Conditions of Approval for storm drainage facilities.

  5. Frontage Improvements. The frontage within the property line of each lot resulting from an urban lot split shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions. Crosses shall be placed on the top of the street curb, if any, at the intersection of the extension of the property line of each lot and the curb location.

  6. Improvement Plans. Improvement plans shall be prepared under the direction of and signed by a registered civil engineer licensed by the State of California. The form and content of the improvement plans shall conform to the requirements of Sections 10-1.806(2) through (4). The City Engineer shall review and approve the improvement plans in accordance with Section 10-1.806. In addition, the provisions of Sections 10-1.807 through 10-1.813 applicable to subdivisions of four (4) or fewer parcels shall continue to apply to urban lot splits.

f California. The form and content of the improvement plans shall conform to the requirements of Sections 10-1.806(2) through (4). The City Engineer shall review and approve the improvement plans in accordance with Section 10-1.806. In addition, the provisions of Sections 10-1.807 through 10-1.813 applicable to subdivisions of four (4) or fewer parcels shall continue to apply to urban lot splits.

• D. Future Subdivisions. The parcel map created pursuant to an urban lot split shall contain a note on the map, and respective deed restrictions shall be recorded with the Contra Costa County Recorder's Office, indicating that both new parcels were created using the provision of this article and Government Code Section 66411.7, and that no further subdivision of the parcels is permitted.

• E. Intent to Occupy. Prior to the recordation of the parcel map, the subdivision applicant shall execute an affidavit stating that the applicant intends to reside in a dwelling located on one (1) of the two (2) lots for at least three (3) years from the date of the approval of the subdivision. This

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requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 214.15 and 402.1 of the California Revenue and Taxation Code.

• F. Preservation of Trees. No improvements for an urban lot split shall be constructed within the dripline of a highly protected tree (as defined in Section 3-8.02, Definitions) . This requirement shall be waived by the Community Development Director or their designee pursuant to Section 10-2.3.1507, Exceptions Due to Physical Preclusion , if the applicable regulation at issue would physically preclude the urban lot split. Any such waiver made by the Community Development Director or their designee shall be final.

• G. Additional Regulations—Conflicts. In the event of a conflict between the requirements of this article and the requirements contained elsewhere in this code, the provisions of this article shall apply to the review and approval of urban lot splits created hereunder.

• (§ 5, Ord. 2234, eff. 11/17/2023)

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City of Walnut Creek, CA

SUBDIVISIONS

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City of Walnut Creek, CA

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