Chapter 9.70
URBAN LOT SPLITS
Sections:
9.70.035 Filing, processing, and action.
9.70.040 Use and development requirements.
9.70.010 Purpose and intent.
It is the purpose of this chapter to provide procedures necessary for the implementation of Section 66411.7 of the Government Code pertaining to urban lot splits, as defined in SMC 9.70.020. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development. Except where such provisions directly conflict with Section 66411.7 of the Government Code, the provisions of this chapter shall apply. [Ord. 1288 § 2, 2022.]
9.70.020 Eligibility.
A parcel map shall be required for all urban lot splits, defined as the subdivision of a parcel within the R-1 zones (R-1-20, R-1-6, and R-1-8) into two parcels pursuant to Section 66411.7 of the Government Code (“Urban Lot Split”). An application for an urban lot split shall be approved by the Director of Public Works if the application meets all of the following requirements:
A. The proposed urban lot split will create no more than two new parcels, and each of the newly created parcels meets the following requirements:
1. Is at least 1,200 square feet in size;
2. Is at least 40 percent of the lot area of the original parcel;
3. Has access to or adjoins the public right-of-way, sufficient to allow development on the parcel to comply with any property access requirements under the California Fire Code Section 503 and Title 14, California Code Regulations Section 1273.00 et seq., when applicable to the parcel; and
4. The parcel to be subdivided is located within the R-1-20, R-1-6, or R-1-8 zone.
B. The parcel satisfies the requirements specified in Sections 65913.4(a)(6)(B) through (K), inclusive, of the Government Code.
C. 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 Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; and/or
4. Housing that has been occupied by a tenant in the last three years based on the date of the application for an urban lot split.
D. 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 landmark or historic property or district pursuant to a City ordinance.
E. The parcel has not been established through prior exercise of an urban lot split provided for in Section 66411.7 of the Government Code or this chapter.
F. 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.
G. The proposed new parcels are intended for exclusively residential use.
H. The urban lot split will not result in a structure being split over the two parcels.
I. The owner of the parcel to be subdivided signs an affidavit under penalty of perjury declaring all of the following to be true:
1. The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an urban lot split.
2. The owner of the parcel 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. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Section 214.15 or 402.1 of the Revenue and Taxation Code.
3. The owner has not previously subdivided an adjacent parcel using an urban lot split.
4. The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an urban lot split. “Acted in concert” means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel. [Ord. 1288 § 2, 2022.]
9.70.030 Objective standards.
All urban lot splits under this chapter shall also comply with the following, unless the applicant can demonstrate that this would have the effect of physically precluding the construction of two units on either of the resulting parcels, or would necessarily result in a unit size of less than 800 square feet for either unit:
A. Except as set forth in subsection B of this section, all lots created under this chapter must have no less than 20 feet of street frontage.
B. New flag lots are permitted, but the new flag lot parcel must have at least 10 feet of street frontage, so long as the remaining lot has a frontage of at least 20 feet.
C. A minimum of one off-street parking space shall be provided on each parcel except no parking shall be required where the parcel meets one or both of the following instances:
1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
2. There is a car share vehicle located within one block of the parcel.
D. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure requires pre- and post-construction surveys by a California-licensed land surveyor.
E. The parcel map satisfies the objective requirements of the Subdivision Map Act and this chapter regarding parcel maps. [Ord. 1288 § 2, 2022.]
9.70.035 Filing, processing, and action.*
A. An application for an urban lot split must be made through submittal of a City application and requisite fees. At a minimum, an application package shall include:
1. Copies of deeds for all properties included in the request.
2. A plat map drawn to scale by a licensed land surveyor or registered civil or structural engineer depicting all of the following:
a. Existing and proposed lot lines.
b. Location of easements required for the provision of public services and facilities to each of the proposed parcels.
c. Location of any easements necessary for each parcel to have access to the public right-of-way.
d. Identify the area of each lot that will result from the proposed split for the purpose of confirming that the smaller lot is at least 40 percent in area of the original single lot.
e. Identify the required setbacks and location of existing and proposed structures in compliance with subsection D of this section and SMC 10.44.350(E).
f. Show proposed parking in accordance with subsection C of this section and SMC 10.44.350(F)(6).
B. The Public Works Director shall deny the urban lot split if either of the following is found:
1. The urban lot split fails to meet or perform one of more objective requirements imposed by the Subdivision Map Act or by this chapter. Any such requirement or condition shall be specified.
2. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the Government Code, 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.
C. The Public Works Director shall not reject an application solely because it proposes adjacent or connected structures; provided, that the structures meet building code safety standards and are sufficient to allow separate conveyance.
D. The Public Works Director shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right-of-way.
E. The Public Works Director shall not require the correction of nonconforming zoning conditions. [Ord. 1288 § 2, 2022.]
* Code reviser’s note: Ord. 1288 added this section as Section 9.70.030. It has been editorially renumbered to avoid duplication.
9.70.040 Use and development requirements.
A. It shall be unlawful to rent, offer to rent or lease, or to advertise for rent or lease, any dwelling unit or portion thereof constructed on a lot created under this chapter for a term that is 30 days or less.
B. It shall be unlawful to use any dwelling unit constructed on a lot created under this chapter for any use other than a residential use.
C. New dwelling units constructed under this chapter shall be no more than 1,200 square feet in floor area.
D. Development of new dwelling units on any lot created under this chapter shall be subject to the requirements of SMC 10.44.350, and shall also comply with all applicable objective zoning requirements set forth in SMC 10.44.350 applicable to the subject parcels and any objective requirements in the City’s design guidelines. The standards described in this subsection shall apply to all urban lot splits except where such standards directly conflict with a provision of this chapter, or whether the applicant demonstrates that such zoning district standards or design standards would have the effect of physically precluding the construction of two units on either of the resulting parcels or would necessarily result in a unit size of less than 800 square feet.
E. Notwithstanding any other provision of this code, no more than two dwelling units shall be permitted on any parcel created under the provisions of this chapter. [Ord. 1288 § 2, 2022.]