Chapter 9.54
URBAN LOT SPLITS
Sections:
9.54.010 Authority and purpose.
9.54.050 Filing and processing.
9.54.010 Authority and purpose.
The purpose of this chapter is to implement Government Code Section 66411.7 by:
A. Establishing objective standards and regulations to govern the review and approval of urban lot splits, which are qualified Senate Bill 9 properties in single-family residential zones;
B. Establishing a ministerial process to approve an urban lot split in accordance with Government Code Section 66411.7;
C. Promoting 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
D. Ensuring sound standards of public health and safety. (Ord. 3-22 § 3)
9.54.020 Applicability.
The provisions of this chapter shall apply within the R-1 (single-family residential) zoning district or any planned development district where single-family residential uses are allowed. This chapter shall not apply in the following situations:
A. Projects located on lots that are included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, 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.
B. Projects located on any site described in Government Code Sections 65913.4(a)(6)(B) through (K), as may be amended.
C. 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. 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 that has been occupied by a rental tenant at any time within the last three (3) years.
D. 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.
E. Any parcel previously subdivided through prior exercise of an urban lot split as provided for under this chapter.
F. 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 chapter. For the purposes of this section, “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. (Ord. 3-22 § 3)
9.54.030 Application.
A parcel map application shall be required for all proposed urban lot splits. (Ord. 3-22 § 3)
9.54.040 Form.
The form of the parcel map associated with an urban lot split shall conform to the requirements of the Subdivision Map Act and Chapter 9.24. (Ord. 3-22 § 3)
9.54.050 Filing and processing.
A. The parcel map shall be filed with the City Engineer for his or her examination for conformance to this title and the Subdivision Map Act.
B. Notwithstanding any other requirement under this title, the city shall ministerially review and approve applications for an urban lot split, without public hearings or discretionary review, subject only to the requirements of this chapter. (Ord. 3-22 § 3)
9.54.060 Standards.
A. An urban lot split shall result in no more than two (2) parcels.
B. Parcels shall not be smaller than forty percent (40%) of the lot area of the original parcel.
C. Each parcel shall have a minimum net area of one thousand two hundred (1,200) square feet.
D. The side property line of all lots, so far as possible, shall be at right angles to the street which the lot faces, or approximately radial to the center of curvature, if such street is curved. Side property lines of lots shall be approximately radial to the center of curvature of a cul-de-sac on which the lot faces.
E. Parcels shall have a minimum width of thirty (30) feet.
F. Parcels shall have a minimum depth of forty (40) feet.
G. Flag Lots.
1. A flag lot shall be allowed with an urban lot split in a situation where a conventional lot would not allow for a second lot of at least one thousand two hundred (1,200) square feet.
2. The portion of the flag lot constituting the access corridor shall be excluded when determining compliance with minimum lot size requirement of this chapter, from the site area, lot coverage, lot width, and lot depth as defined in Chapter 8.08.
3. The maximum width of the access corridor of the flag lot shall be twenty (20) feet, except where greater width is required for Fire Department access.
4. Any fence constructed between the access corridor of a flag lot and the adjacent parcel shall not exceed forty-eight (48) inches within the front yard of the adjacent property.
H. Each parcel shall provide for direct vehicular access to and have a minimum frontage of thirty (30) feet on the public right-of-way, except for flag lots, where the frontage shall be the width needed to meet access standards as specified in this chapter.
I. Public utility, service and/or access easements shall be provided within the subdivision where required for public utility purposes, in accordance with this title.
J. Notwithstanding the requirements of this chapter or the Zoning Ordinance, dedications of rights-of-way or the construction of off-site improvements for the parcels being created shall not be required.
K. 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 and to such objective standards as approved by the City Engineer that are in effect at the time of the parcel map application submittal.
1. Sanitary Sewers. Each unit or lot within the urban lot split shall be served by a community sewer collection system as required, unless an individual system is permitted.
2. Water Supply. Each unit or lot within the urban lot split shall be served by an approved domestic water system.
3. Utilities. Each unit or lot within the urban lot split shall be served by gas (if required), electric, telephone, and cable television facilities. All new utilities within the urban lot split shall be placed underground except those facilities exempted by the Public Utilities Commission regulations and as otherwise provided in this title.
4. Storm Drainage. Stormwater runoff from the urban lot split shall be collected and conveyed by an approved storm drain system consistent with city standards.
L. Prior to the recordation of the parcel map, the applicant shall sign an affidavit, on a form approved by the city, stating that the applicant intends to occupy the primary dwelling unit or an SB 9 unit as their principal residence for a minimum of three (3) years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the California Revenue and Taxation Code.
M. 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 Alameda County Recorder’s Office, indicating that parcels resulting from the urban lot split were created using the provisions of this chapter and Government Code Section 66411.7, and that no further subdivision of the parcels is permitted.
N. The proposed urban lot split shall comply with all other applicable objective requirements of the Subdivision Ordinance and the Subdivision Map Act (Government Code Section 66410 et seq.) except as otherwise provided for in this chapter. In the event of a conflict between the requirements of this chapter and the requirements contained elsewhere in this Municipal Code, the provisions of this chapter shall apply to the review and approval of urban lot splits created hereunder. (Ord. 3-22 § 3)
9.54.070 Action.
Final action of a parcel map for an urban lot split shall be in accordance with Chapter 9.24. (Ord. 3-22 § 3)