Chapter 82.68
URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
Sections:
82.68.010 Urban lot split subdivision.
82.68.020 Preparation of urban lot split map.
82.68.040 Information to be filed with urban lot split map.
82.68.050 Requirements for urban lot split map.
82.68.060 Application of objective standards.
82.68.080 Preliminary title report.
82.68.090 Revised urban lot split map.
82.68.100 Department of Community Development – Duties.
82.68.110 Consideration of urban lot split map – Notice of decision.
82.68.120 Disapproval of urban lot split map.
82.68.130 Transmittal of urban lot split map to County Recorder.
82.68.140 Correction and amendment of urban lot split map.
82.68.150 Additional subdivisions prohibited.
82.68.010 Urban lot split subdivision.
No person shall create an urban lot split subdivision except by the filing of an urban lot split map approved pursuant to this title and the Subdivision Map Act. Maps shall be titled “Parcel Map – Urban Lot Split Subdivision.” (Ord. 2021-06 § 6, 2021)
82.68.020 Preparation of urban lot split map.
The urban lot split map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions:
A. The provisions of Section 66445 of the Subdivision Map Act.
B. Shall be based upon a field survey made in conformity with the Land Surveyors Act. (Gov. Code § 66448) (Ord. 2021-06 § 6, 2021)
82.68.030 Application.
A. A subdivider applying for an urban lot split subdivision plat shall file an application with the Department of Community Development, together with copies of an urban lot split map. An applicant for an urban lot split subdivision shall sign and submit with the application an affidavit stating that the applicant intends 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 urban lot split. An affidavit shall not be required of an applicant that is either a “community land trust” or a “qualified nonprofit corporation” as defined in the Revenue and Taxation Code.
B. The Department of Community Development shall not accept an application or map for processing unless the Department finds that the urban lot split map is consistent with the zoning provisions of this code and that all approvals and permits required by the City zoning provisions for the project have been given or issued.
C. Notwithstanding the provisions of subsection B of this section, an urban lot split map may be processed concurrently with documents, permits or approvals required by the zoning provisions of this code, if the applicant first waives the time limits for processing, approving or conditionally approving or disapproving an urban lot split map provided by this title or the Subdivision Map Act. (Ord. 2021-06 § 6, 2021)
82.68.040 Information to be filed with urban lot split map.
Such information as may be prescribed by the rules and regulations approved by the City Council pursuant to CMC 82.01.180 and such additional information as the Department of Community Development may find necessary with respect to any particular case to implement the provisions of this title shall accompany the urban lot split map at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act, and a certificate in accordance with Section 66450 of the Subdivision Map Act relating to unincorporated territory. (Ord. 2021-06 § 6, 2021)
82.68.050 Requirements for urban lot split map.
The Department of Community Development shall ministerially approve a parcel map for an urban lot split only if the Department of Community Development determines that the parcel map for the urban lot split meets all of the following requirements:
A. Both newly created parcels shall be no smaller than 1,200 square feet.
B. Both newly created parcels shall be of approximately equal lot area, which for purposes of this subsection shall mean that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
C. Unit size shall be not greater than 800 square feet. Maps shall show the footprints of proposed structures.
D. The parcel being subdivided is located within an R-1A – Single-Family Residential Zone described in Chapter 86.08 CMC, an R-1A(BF) – Single-Family Residential Bay Front Subzone described in Chapter 86.09 CMC, or an R-1B – Single-Family Residential Zone described in Chapter 86.10 CMC.
E. The parcel being subdivided satisfies the requirements of Government Code Section 66411.7(a)(2)(C) or any successor provision thereto.
F. The proposed urban lot split would not require 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 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 under this chapter.
4. Housing that has been occupied by a tenant in the last three years. An applicant for an urban lot split subdivision must demonstrate whether any existing housing on the parcel was owner occupied or vacant to Director’s satisfaction.
G. The parcel is not located within a historic district or 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 City or County landmark or historic property or district pursuant to a City or County ordinance.
H. The parcel has not been established through prior exercise of an urban lot split as provided for in this chapter.
I. 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 urban lot split as provided for in this chapter.
J. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Department of Community Development.
K. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in CMC 86.56.180(D).
L. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed 16 feet in height and one story, measured from preexisting grade or finished grade, whichever is lower, to the highest point of the roof.
M. Each unit located on a parcel created pursuant to this chapter shall have vehicular ingress and egress to the public right-of-way.
N. Parking spaces for new units shall be provided in accordance with Chapter 86.58 CMC.
O. The uses allowed on a parcel created pursuant to this chapter shall be limited to residential uses.
P. Dwelling units constructed on urban lot split subdivision lots shall only be used for rentals of terms of longer than 30 days.
Q. Prior to approval of an urban lot split subdivision, the applicant shall have complied with the covenant recording requirement contained in CMC 86.56.180(G).
R. The urban lot split subdivision shall comply with all requirements of the City’s Subdivision Ordinance and the California Subdivision Map Act except as expressly modified by this chapter. (Ord. 2021-06 § 6, 2021)
82.68.060 Application of objective standards.
Development proposed on lots created by an urban lot split subdivision shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel based on the underlying zoning; provided, however, that the application of such standards shall be reduced if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet, and no additional variances shall be permitted. No waivers or reductions to applicable requirements regarding stories, off-street parking, or front yard setbacks shall be approved unless the applicant demonstrates to the Director’s satisfaction that there is no other way to physically accommodate two 800-square-foot units on the site. (Ord. 2021-06 § 6, 2021)
82.68.070 Grading plan.
There shall be filed with each urban lot split map a grading plan showing graded building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topography contours, may be shown on an exhibit to the urban lot split map. The grading plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. In the event no grading is proposed, a statement to that effect shall be placed on the urban lot split map. In no event shall grading pursuant to an application submitted under this chapter exceed 100 cubic yards. (Ord. 2021-06 § 6, 2021)
82.68.080 Preliminary title report.
There shall be filed with each urban lot split map a current preliminary title report of the property being subdivided or altered. (Ord. 2021-06 § 6, 2021)
82.68.090 Revised urban lot split map.
Where a subdivider desires to revise an approved urban lot split map, the subdivider may file with the Department of Community Development, prior to the expiration of the approved urban lot split map, a revised urban lot split map upon payment of the fees specified in CMC 82.01.180. (Ord. 2021-06 § 6, 2021)
82.68.100 Department of Community Development – Duties.
The Director of the Department of Community Development or his or her designee is authorized and directed to carry out the following duties concerning applications for urban lot split maps under this chapter:
A. Obtain the recommendations of other City departments, governmental agencies – including, without limitation, the Airport Land Use Commission – or special districts as may be deemed appropriate or necessary by the Director in order to carry out the provisions of this title;
B. Consider all recommendations and the results of all investigations and ministerially approve or disapprove the application. (Ord. 2021-06 § 6, 2021)
82.68.110 Consideration of urban lot split map – Notice of decision.
Within 50 calendar days after a complete application for an urban lot split map is filed with it, the Department of Community Development shall ministerially approve or disapprove such map. The time limit specified in this section may be extended by mutual consent of the applicant and the City. If the urban lot split map is disapproved, the reasons therefor shall be stated in the notice of disapproval. (Ord. 2021-06 § 6, 2021)
82.68.120 Disapproval of urban lot split map.
The Department of Community Development shall not approve an urban lot split map under any of the following circumstances:
A. The land proposed for division is a lot or parcel which was part of an urban lot split map that the City previously approved.
B. The subdivision proposes creation of more than two lots or more than four units total among the two lots.
C. The Department of Community Development finds that the urban lot split map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued.
D. Based on a preponderance of the evidence, the Building Official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in 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.
E. The urban lot split’s failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this title. Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this title. (Ord. 2021-06 § 6, 2021)
82.68.130 Transmittal of urban lot split map to County Recorder.
After the approval by the City of an urban lot split map, the applicant or its agent shall transmit the map to the County Recorder. An urban lot split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b). (Ord. 2021-06 § 6, 2021)
82.68.140 Correction and amendment of urban lot split map.
Corrections of and amendments to the urban lot split map shall be made pursuant to Section 66469 et seq. of the Act. (Ord. 2021-06 § 6, 2021)
82.68.150 Additional subdivisions prohibited.
No further subdivision of parcels created using the urban lot split subdivision procedures of this chapter shall be permitted. (Ord. 2021-06 § 6, 2021)