Chapter 19.90
PARCEL MAPS FOR URBAN LOT SPLITS
Sections:
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
19.90.030 Design and Improvement Requirements.
19.90.040 Concurrent Processing With Other Ministerial Permits for Housing Development.
19.90.050 Prohibition of Further Subdivision.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
19.90.070 Expiration and Extension of Tentative Parcel Map for Urban Lot Splits.
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
19.90.010 Purpose and Scope.
This chapter serves to implement California Government Code Section 66411.7 to provide an owner an alternative method to subdivide a lot for residential development. For purposes of this chapter, “urban lot split” means the subdivision of an existing legal lot to create one additional lot in R-A and R-1 zoning districts or areas designated for single-unit residential within a planned community development plan or specific single-family residential use zone. (Ord. 2023-22 § 890, 2023; Ord. 2022-17 § 1 (Exh. A), 2022)
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
A. Filing. An application for a tentative parcel map for an urban lot split shall be filed with the Community Development Department by a record owner or owners of the property to be divided or their authorized agents. The required number of copies of the map shall be established by the Community Development Director through an application form.
B. Application Fee. The application shall be accompanied by the required application fee(s), as established by resolution of the City Council. Such fees shall be in accordance with California Government Code Section 66451.2 and shall not exceed the amount reasonably required to administer provisions of this title.
C. Form and Content. A tentative parcel map for an urban lot split shall be prepared by a licensed surveyor or civil engineer registered in the State of California in accordance with the Subdivision Map Act and this Code. Maps shall meet the requirements in subsection (D) of this section and shall be accompanied by other reports, exhibits, information and materials as required by the Community Development Director. The Community Development Director shall provide application forms and a list of required tentative map information on request.
D. Supplemental Information. In addition to the items identified in subsection (C) of this section, the following supplemental information shall be submitted with a tentative parcel map application to establish compliance with the construction plans and all provisions of this Code and applicable State law:
1. A map of appropriate size and to scale showing all the following:
a. Total area (in acreage and square feet) of each proposed lot;
b. Zoning district and General Plan land use category;
c. The location and use of all existing and proposed structures;
d. All required zoning setbacks for the existing and proposed lots;
e. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;
f. The location of all proposed new water, sewer, electricity, storm drain, lines, pipes, or systems;
g. The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;
h. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;
i. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); and
j. Location of existing or proposed pedestrian pathway access to the public right-of-way.
2. A statement of the owner, signed under penalty of perjury under the laws of California, that:
a. The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:
i. 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;
ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
iii. A lot or lots on which an owner of residential real property has exercised the owner’s rights under California Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years prior to the date that the development proponent submits an application;
iv. Housing that has been occupied by a tenant in the last three years;
b. The lot has not been established through prior exercise of an urban lot split under this chapter;
c. Neither the owner of the lot being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent lot under the provisions of this chapter;
d. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the final parcel map;
e. Rental terms of any unit created by the subdivision shall not be rented for a period of less than thirty (30) days; and
f. The uses allowed on a lot created by the parcel map shall be limited to residential uses.
E. Review Authority and Approval. If the Zoning Administrator determines, after consultation with the City Engineer, that a tentative parcel map for an urban lot split meets all requirements of this chapter and Section 20.48.205(B) (Permit and Review Procedures), the Zoning Administrator shall approve the tentative parcel map. This action is a ministerial action in compliance with the provisions of this chapter only. The findings under Section 19.12.070 (Required Findings for Action on Tentative Maps) do not apply.
F. Findings for Denial. The Zoning Administrator shall deny any application for a tentative parcel map for urban lot split if the Zoning Administrator makes written finding(s), based upon a preponderance of the evidence, that it would have a specific, adverse impact, as defined and determined 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. (Ord. 2023-22 § 891, 2023; Ord. 2022-17 § 1 (Exh. A), 2022)
19.90.030 Design and Improvement Requirements.
The lot design and development standards set forth in Section 20.48.205(B)(5) (Additional Standards for Urban Lot Splits) shall apply to urban lot splits. (Ord. 2022-17 § 1 (Exh. A), 2022)
19.90.040 Concurrent Processing With Other Ministerial Permits for Housing Development.
A. No development, including grading, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development that complies with all the objective development and design standards in Sections 20.48.200 (Accessory Dwelling Units) and 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts), or any other adopted objective design standards in effect at the time a complete application is submitted.
B. A building permit for development of an urban lot split cannot be issued until the parcel map is recorded. (Ord. 2022-17 § 1 (Exh. A), 2022)
19.90.050 Prohibition of Further Subdivision.
A lot created by a parcel map under this chapter shall not be further subdivided. (Ord. 2022-17 § 1 (Exh. A), 2022)
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
An amendment to an approved tentative parcel map for an urban lot split shall be processed in accordance with Section 19.12.090 (Amendments to Approved Tentative Maps). (Ord. 2022-17 § 1 (Exh. A), 2022)
19.90.070 Expiration and Extension of Tentative Parcel Map for Urban Lot Splits.
Chapter 19.16 (Tentative Map Expiration and Extension) shall apply in the case of the expiration or extension of a tentative parcel map for an urban lot split. (Ord. 2022-17 § 1 (Exh. A), 2022)
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
Chapters 19.56 (Final Map Filing) and 19.60 (Final Map Review) shall apply to the filing and review of a final parcel map for an urban lot split. (Ord. 2022-17 § 1 (Exh. A), 2022)