Woodside Municipal Code Art. XIV SB9 Lot Splits

(A) The purpose of this article is to reasonably regulate, to the extent permitted under California law, lot splits authorized by state law known as Senate Bill 9 (hereinafter "SB9"). SB9 amends California Government Code Section 66452.6 and adds Sections 65852.21 and 66411.7 to the California Government Code. SB9 applies within the Town of Woodside to parcels located within a single-family residential zone and requires ministerial approval of a parcel map for a lot split that meets the requirements outlined in this article.

(B) SB9 lot splits can result in no more than two residential units per parcel, would not require the demolition or alteration of 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; does not propose the demolition of more than 25 percent of existing exterior structural walls of residential units unless permitted by Chapter 153 for SB9 development or if the site has not been occupied by a tenant in the last three years; and, will not occur on any parcel included on the State Historic Resources Inventory, or within a site that is legally designated or listed as a Town historic property.

(C) This article sets forth the Town's objective subdivision standards required for SB9 lot splits which will apply, so long as those standards would not have the effect of physically precluding the construction of two residential units on either of the resulting parcels or physically precluding either of the two units from being at least 800 square feet in floor area.

(D) This article requires property owners to sign an affidavit stating that they intend 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 SB9 lot split under the penalty of perjury, unless the applicant is a community land trust or a qualified nonprofit corporation.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

(A) This article shall apply when:

(1) The project is located within a single-family residential zone and contains no more than two residential units on each resulting lot.

(2) The project is not located on prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the Town's voters.

(3) The project is not located in wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(4) The project is not located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

(5) The project is not located on a site that is 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 (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(6) The project is not located on lands under conservation easement.

(7) The project is not located on a hazardous waste site that is listed pursuant to [California Government Code] Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(8) The project is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to California Public Resources Code Section 4202. However, the project may be located in a very high fire hazard severity zone when the site has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

(9) A project may be located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, provided the project complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

(10) The project may be located within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency provided:

(a) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

(b) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

(11) The project may be located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, provided the project has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

(12) The project would not require demolition or alteration of any of the following types of housing:

(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 any form of rent or price control through a public entity's valid exercise of its police power.

(13) The project site is not a parcel on which an owner of residential real property has exercised the owner's rights under California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

(14) The project does not allow the demolition of more than 25 percent of the existing exterior structural walls of residential units unless:

(a) A local ordinance so allows; or

(b) The site has not been occupied by a tenant in the last three years.

(15) The project is not located on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Town historic property.

(16) The project site has not been established through prior exercise of an SB9 lot split as provided for in this section.

(17) 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 SB9 lot split as provided for in this section.

(18) Each resulting lot contains no more than two existing residential units, which include accessory dwelling units and junior accessory dwelling units.

(19) All objective requirements set forth by the Town and other applicable public agencies, such as San Mateo County Department of Environmental Health and Woodside Fire Protection District.

(B) Ministerial review of an SB9 lot split shall occur after the owner files an SB9 lot split application in which the property owner declares that the SB9 lot split and project shall be subject to all SB9 lot split, site development, and zoning and objective design standards.

(C) Dedications of right-of-way or the construction of offsite improvements shall not be required.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22; Am. Ord. 2022-625, § 2, effective 4-7-22)

(A) For the purposes of this article, all definitions included in Section 152.006 shall apply, in addition to the definitions listed below that shall have meanings as follows:

PARCEL MAP. A map describing the existing and proposed conditions of the land for an SB9 lot split application submitted for review by the Town, and recordation with the County of San Mateo upon application approval by the Town.

PROJECT. SB9 physical development on a lot.

SENATE BILL 9, ATKINS, (SB9). An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the California Government Code, relating to land use, that was signed into law by the Governor on September 16, 2021, and filed with Secretary of State on September 16, 2021. Referred to as SB9 in this chapter.

SB9 LOT SPLIT. Division of single-family residential lots from one lot to two lots that comply with the requirements of Article XIV of this chapter.

SB9 LOT. Single-family residential lots that are created from an SB9 lot split.

WILL SERVE LETTER. Formal signed letter from a utility provider, unconditionally certifying that the utility can be provided to a proposed lot for existing and proposed development. If no development is proposed, such letter shall certify that the maximum development potential of the proposed lot can be served by the utility.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

(A) Prior to filing an application for a SB9 parcel map, the owner, or his/her representative shall consult with the Planning Department to determine the requirements necessary for an adequate review of the proposed parcel map. Following the consultation, the owner shall file a formal application with the Planning Department on a Town approved form prescribed for such purpose. The application shall be accompanied by:

(1) A parcel map prepared by a licensed land surveyor or civil engineer authorized to practice land surveying containing the information set forth in Section 152.164 of this chapter along with the number of copies determined necessary by the Planning Department;

(2) A title report from a title company, dated within the last six months, giving the name of the owners and all easements and reservations of record affecting the land;

(3) Recorded documents for all easements, restrictions, and reservations of record affecting the land that are listed in the title report;

(4) A geotechnical report as prescribed by Section 152.123 of this chapter;

(5) Will serve letters from all utility providers;

(6) Completed deed restriction pursuant to the requirements outlined in Section 152.167;

(7) Completed owner occupancy affidavit pursuant to the requirements outlined in Section 152.168;

(8) Completed property owner affidavit stating that all housing units on the lot proposed for demolition have not been occupied by a tenant within the previous three years from the date of application;

(9) Materials necessary to verify that all proposed buildings and parcels located within the State Mapped Very High Fire Hazard Severity Zones, special flood hazard areas, and earthquake fault zones, comply with current requirements for such areas;

(10) Materials necessary to verify that all existing buildings and structures will comply with building code required setbacks from all new lot lines.

(11) One complete set of traverse calculations in a form approved by the Town Engineer giving the coordinates and showing the mathematical closure and area calculations;

(12) Written consents of all existing easements holders in accordance with Government Code Section 66436(c);

(13) A guarantee of title or a letter from a title company certifying that the signatures of all persons whose consent is necessary to pass a clear title to the land being developed and all acknowledgments thereto appear on the proper certificates and are correctly shown on the parcel map, both as to consents to the making of such map and affidavits or dedications. Such guarantees shall be issued for the benefit of the Town and the protection of the Council and shall be continued complete up to the instant of the recordation of the parcel map;

(14) The completed application form, and the required fee and deposit outlined in Municipal Code Section 152.156; and

(15) Site Plan Exhibit detailing requirements outlined in Section 152.165.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

(A) Parcel maps shall be prepared by a licensed land surveyor or civil engineer authorized to practice land surveying and shall contain or be accompanied by the information set forth in this section. The parcel map shall be in full compliance with the requirements of this chapter and shall clearly show all details of the proposed SB9 lot split. The parcel map shall show the entire proposed development on one sheet, and to a scale determined by the Town Engineer or Planning Director with the following information:

(1) The SB9 lot split number;

(2) The scale, north point, and date of preparation;

(3) The date of preparation and space for future revision dates and the north point, scale, and key map;

(4) The name, address, and telephone number of the individual who prepared the parcel map and the registration or license number of the engineer or surveyor (signed and sealed);

(5) The parcel map boundaries including proposed square footage and acreage of resulting SB9 lots, to the nearest one-hundredth of a square foot and one thousandths of an acre. Town boundaries shall be indicated if they abut the proposed parcel map;

(6) The location and size of the existing drainage facilities;

(7) The lines of all easements, public and private, to which the lots are subject. The easements shall be clearly labeled and identified as to nature and purpose and, if already of record, their recorded reference given. Easements shall be denoted by fine dotted lines. Distances and bearings on the side lines of lots which are cut by easements shall be shown with the distance from a corner or angle point to the easement and the width of the easement along the lot line. The total length of the lot line and the exact location of the easement shall be clearly indicated. The width of the easements and the lengths and bearings of the lines shall be shown;

(8) Any limitation on right of access or nonaccess strips or reserve strips to and/or from roads and lots and other parcels of land;

(9) Major natural features, such as: streams and stream corridors; earthquake faults and fault setbacks; wetlands and other environmentally sensitive areas;

(10) The names and numbers of adjacent subdivisions, showing the lot and block or assessor's parcel numbers of the adjoining lots and the names of the owners and parcel numbers of all adjacent lands;

(11) The existing and proposed public utility easements and their location and width;

(12) The lot lines, approximate dimensions of all lots, and the areas of each lot.

(13) All required certificates outlined in Municipal Code Section 152.166; and

(B) The Town shall require the following when considering an application for a parcel map for an SB9 lot split:

(1) Easements that are necessary for the provision of public services and facilities;

(2) Proposed lots have access to or provide access to a paved roadway within a public right-of-way (access from a private roadway to a public roadway is compliant);

(3) Compliance with all SB9 objective standards in Municipal Code Chapters 151 and 153, including proposed lot lines that allow all existing structures to comply with such standards; and,

(4) Proposed lots shall be at least 40 percent of the size of the existing parcel or 1,200 square feet, whichever is greater. Lot area is defined in Municipal Code Section 153.205(B).

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

(A) A Site Plan Exhibit required with an SB9 lot split parcel map application shall include all information for a parcel map outlined in Municipal Code Section 152.164, except required certificates outlined in Section 152.166, and the following information:

(1) Major natural features, such as: streams and stream corridors; trees; rock outcrops; natural vegetation; known landslides; earthquake faults and fault setbacks; wetlands; and, other environmentally sensitive areas;

(2) The location and an outline to scale of each existing building, structure, septic tank, and drainfield, noting whether or not each is to remain. The distances between all buildings and proposed property lines shall be shown;

(3) Existing equestrian pedestrian and bicycle adjacent to the parcel map boundaries, and their location(s) and width(s) dimension(s);

(4) The location and size of existing and proposed sanitary sewers, fire hydrants, gas and water lines, and power, telephone, and other public utilities. If sewage disposal is to be by septic tank and drainfield, the approximate locations of the drainfields, with 100 percent of the expansion area, shall be shown, as well as the locations of the percolation test holes and a copy of the test results for review and approval by County Department of Environmental Health;

(5) The location of areas subject to inundation or stormwater overflow and of all areas covered by water and the location, width, and direction of flow of all watercourses;

(6) The existing contours in the range of ten-foot intervals to a one-foot interval to produce one contour at least every 50 feet. The source of the topographical information shall be stated. The contour interval shall be uniform for the entire parcel map. If grading is proposed, the finished grades shall be clearly shown and supplementary cross sections showing the completed elevations of excavations and fills shall be provided. The quantity in cubic yards of cut and fill shall be stated. All grading shall be in conformance with the Town's site development provisions;

(7) The outlines of groves and orchards and approximate location of all individual trees having a trunk circumference of ten inches or greater (measured four feet about the ground level). Individual trees shall be shown within all areas where roads, driveways, utility easements, pathways, or buildings will occur. A tree loss count shall be provided; and,

(8) The outline, to scale, of a conforming building site and drainfield and the location and grade of the existing and proposed driveways for each proposed lot. This is to provide assurance that at least one conforming and adequate building site exists that can accommodate two residential units subject to the requirements in the Zoning Code for SB9 development, as well as adequate driveway access.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

The following certificates and statements shall appear on parcel maps:

(A) Owners' certificates. A certificate signed and acknowledged by all parties having any record title interest in the real property, consenting to the preparation and recordation of the parcel map, including any dedication of interest in real property;

(B) Town Clerk's certificate. A certificate executed by the Town Clerk stating that the Town has approved the parcel map and has accepted, accepted subject to improvement, or rejected on behalf of the public any real property offered for dedication for public use;

(C) Civil Engineer's or Land Surveyor's certificate. A certificate executed in accordance with the requirements of the Subdivision Map Act;

(D) Town Engineer's certificate. A certificate executed in accordance with the requirements of the Subdivision Map Act;

(E) Recorder's certificate. A certificate executed in accordance with the requirements of the Subdivision Map Act; and

(F) Geotechnical statement. A statement on the title page of the parcel map indicating the date of the geotechnical report and the names of all persons involved in preparing the report and the location where the report is on file for public inspection.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

(A) Along with the recordation of the parcel map, a deed restriction that includes notarized signatures of all property owners shall be recorded on all lots that are the subject of an SB9 lot split including the following restrictions:

(1) All lots shall be subject to SB9 development standards outlined in the Woodside Municipal Code;

(2) Each lot shall take access from one driveway shared between the two lots unless it precludes the development of two 800-square-foot units on such lot; then one driveway for each lot can be allowed;

(3) Neither the owner of the lot subject to the SB9 lot split, nor any person acting in concert with the owner, can apply for an SB9 lot split of any adjacent lots;

(4) Rental of all units shall be for a term of more than 30 days. Rentals of 30 days or less are prohibited;

(5) Land uses are limited to residential uses outlined in the SB9 zoning development standards listed in Municipal Code Sections 153.980—153.989;

(6) All existing site improvements that become nonconforming to general or SB9 zoning or site development regulations from the SB9 lot split may only be modified subject to nonconforming regulations outlined in Municipal Code Chapters 151 and 153;

(B) No removal or modification of the recorded deed restriction shall occur without Town approval, or state laws that supersede current deed restriction requirements.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

(A) All owners of a property included in an sb9 lot split shall provide a notarized signature on the owner occupancy affidavit provided by the town, stating that the property owner(s) intend to occupy one of the existing housing units, or proposed housing units if none exist or if existing unit(s) will be demolished prior to recordation of the parcel map, as their principal residence for a minimum of three years from the date of the Town approval of the parcel map of the SB9 lot split, except when the owner is one of the following:

(1) A "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the State Revenue and Taxation Code; or,

(2) A "qualified nonprofit corporation" as described in Section 214.15 of the State Revenue and Taxation Code.

(B) The Town shall not impose additional owner occupancy standards.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

(A) The design of all lots included in SB9 lot splits shall be subject to the following:

(1) All SB9 lot splits shall result in the creation of lots which are capable of being developed with a residential unit, pursuant to the development standards for SB9 lots in Municipal Code Chapters 151 (Site Development) and 153 (Zoning), and the objective design standards adopted by reference in Chapter 153 (Zoning). Lots shall not be configured in a way that cannot comply with the objective standards and all applicable requirements of public agencies, such as the Woodside Fire Protection District, County Department of Environmental Health, and any applicable sewer districts;

(2) Proposed lot lines shall be free of jogs in alignment, except where existing physical conditions and established property lines preclude the establishment of straight property boundaries, or such alignment would prohibit the creation of lots which are capable of being developed with a residential unit;

(3) Panhandle lots shall comply with all access requirements from the Town, Woodside Fire Protection District, and California Department of Transportation (Caltrans) if adjacent to a state highway; and,

(4) Lots shall not create any inconsistencies with SB9 development requirements in Municipal Code Chapters 151 (Site Development) and 153 (Zoning).

(B) Notwithstanding California Government Code Section 66411.1, the Town shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the SB9 lots being created as a condition of issuing a parcel map for an SB9 lot split.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

(A) The Planning Department shall determine which Town departments and other public agencies are required to review the parcel map, and shall transmit copies of the parcel map and accompanying materials to those Town departments and other public agencies for review.

(B) Within 30 days after receiving the SB9 lot split application, the parcel map, and accompanying documents and materials, the Town and applicable agencies shall complete the review for sufficiency of information required by this article and other applicable public agency requirements. After which time, the Town shall issue a letter deeming the application complete, or incomplete and outlining items that are missing or need to be corrected for a complete application.

(C) Within 60 days of receiving a complete application, the Town shall approve such application if determined to comply with all applicable objective requirements. If it is determined that the application does not comply with all applicable objective requirements, the application shall be denied with written reasoning for such denial.

(D) If the application is approved, it shall be recorded with the County of San Mateo pursuant to the timeline outlined in Section 152.172. If any required owner notarized signatures are not supplied on all required documents and recordation by the owner does not occur within the required timeline, the parcel map approval shall expire.

(E) SB9 lot splits shall be noticed to any property owner of property adjacent to the proposed SB9 lot split, including lots located across an abutting public or private road. The notice shall be sent within five business days of receipt of the complete application and shall clearly state that an SB9 lot split application is reviewed and acted on ministerially and not subject to appeal.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

(A) An application for an SB9 lot split shall be ministerially reviewed and approved subject to the requirements in this article unless:

(1) The Woodside Building Official makes written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined in California Government Code Section 65589.5(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; or,

(2) A resulting lot leaves existing accessory structures without any residential units, or an application for required construction permits of residential units on such resulting lot is approved concurrently with approval of the parcel map.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

(A) Recording of maps. After approval by the Town Departments and other applicable public agencies, the Town Engineer and the Town Clerk shall sign the parcel map. Within 12 months after the approval of an SB9 lot split parcel map, the parcel map shall be recorded by the Town Clerk or the owner's title company if deemed necessary by the Planning Director and Town Engineer.

(B) Copies. After recording, two complete sets of prints on vellum and one set electronic reproducible copy shall be submitted to the Town by the owner and shall be paid for by the owner. In addition, two copies of recorded deed restrictions, shall be provided with the sets of vellum prints.

(C) Survey requirements. All surveys for parcel maps shall be in accordance with the Subdivision Map Act and the Land Surveyor's Act of the state. All lot corners shall be monumented and tagged with the registration number with iron pipe monuments or rock bolts. Iron pipe monuments shall be at least one inch in diameter, at least 18 inches long, and driven flush with the surface of the ground. All monuments and lot corners shall be in installed by a licensed land surveyor or civil engineer authorized to practice land surveying. The licensed land surveyor or civil engineer authorized to practice land surveying shall certify in writing with a seal submitted to the Town that all monuments and lot corners are in place as shown on the recorded parcel map.

(Ord. 2022-624, § 3(Exh. A), effective 2-10-22)

Any person, firm, corporation, or association violating any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment.

(Ord. 2021-617, § 3(Exh. A), effective 3-11-21)