Chapter 18.84
Additional Subdivision Procedures
Sections:
18.84.020 Certificates of Compliance
18.84.060 Reversions to Acreage
18.84.010 - Purpose of Chapter
This Chapter establishes requirements consistent with the Map Act for Certificates of Compliance, Condominiums and Condominium Conversions, Lot Line Adjustments, Parcel Mergers, and Reversion to Acreage.
18.84.020 - Certificates of Compliance
The City shall process and approve or disapprove applications for Certificates of Compliance as provided by Map Act Sections 66499.34 and 66499.35, and as follows.
A. Application. An application for the approval of a Certificate of Compliance or Conditional Certificate of Compliance shall be filed with the Director and include the information required by the Director, together with the processing fee specified by the City Fee Schedule.
B. Review by Director of Public Works. The Director of Public Works shall review the completed application in the light of public records and applicable law. If the Director of Public Works is able to determine from this review that the parcel is clearly in compliance with the provisions of this Article and the Subdivision Map Act, shall issue a Certificate of Compliance for the parcel, to be delivered by the applicant to the County Recorder for recordation. If the Director of Public Works is unable to determine from this review that the parcel is clearly in compliance, the procedures identified in Map Act Section 66499.35 shall apply.
18.84.030 - Condominiums
When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a Tentative Map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 18.81 (Tentative Map Filing and Processing). Chapter 18.82 (Parcel Maps and Final Maps) determines whether a Parcel or Final Map shall also be filed.
18.84.040 - Lot Line Adjustment
A Lot Line Adjustment is permissible in compliance with Map Act Section 66412(d), and as follows.
A. Application requirements. An application for a Lot Line Adjustment shall be filed with the Director and shall include the information required by the Director, together with the processing fee specified by the City Fee Schedule.
B. Lot line adjustment approval. After consultation with the Director of Public Works, the Director shall approve a lot line adjustment provided that all criteria identified in Map Act Section 66412(d) are met to the Director’s satisfaction. After City approval, the applicant shall be responsible for recording the approval document and paying the necessary fees charged by the County Recorder for recording Lot Line Adjustment approval documents in compliance with the Map Act.
18.84.045 - Urban Lot Splits
A. Purpose. This Section establishes standards to implement California Government Code § 66411.7 which requires ministerial approval of the subdivision of a residential lot in RR, RS, and RL zoning districts into 2 parcels with up to 2 units of housing on each subsequent parcel per § 18.42.200.
1. Ministerial approval. An application for an urban lot split and/or the associated residential development that complies with the standards of this Section shall be approved ministerially.
2. Definitions. These definitions are intended for the narrow purpose of implementing this Section.
a. Unit. “Unit” means a primary unit or one unit of a duplex, an ADU or a JADU.
b. Urban Lot Split. A lot split authorized through Government Code § 66411.7 and regulated by this Section.
c. Front Parcel. A parcel created by an Urban Lot Split that includes at least 50% of the original parcel’s street-facing frontage.
d. Back Parcel. A parcel, created by an Urban Lot Split, which includes more than 50% of the original parcel’s alley-facing frontage or back parcel line.
e. Front of the Parcel. The “front of the parcel” is defined as 1) the street side of the Front Parcel, or 2) the alley side of an alley-fronting Back Parcel, or 3) the newly created parcel line for a Back Parcel that does not abut an alley.
f. Residential Use. “Residential use” includes primary units, ADUs, a duplex, and associated accessory residential structures (per Land Use Table 2-1, Residential Uses).
B. Limitation on location.
1. The parcel must be in a low-density residential zone (RR, RS, RL zones). Parcels in multifamily residential zoning districts and commercial zoning districts are not eligible for urban lot splits.
2. The applicant shall undertake proper mitigation if the parcel is in a fire, flood, or earthquake hazard zone per the appropriate section of this code.
3. Both resulting parcels shall have access to, provide access to, or adjoin the public right-of-way.
4. Urban lot splits are not permitted under any of the following conditions:
a. On a parcel adjacent to another parcel that was split via the urban lot split under ownership by the same person or a person working in concert with the property owner of the adjacent parcel.
b. On a parcel that was created through a previous urban lot split.
c. On a parcel located in a historic site or district, listed on the State Historic Resources Inventory or designated as a historic landmark.
d. On a parcel located on prime farmland, a hazardous waste site listed pursuant to California Government Code § 65962.5, or within a 100-year flood zone.
e. On a parcel that includes a wetland, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993) or 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, the California Endangered Species Act, or the Native Plant Protection Act.
f. On a parcel located on lands under a conservation easement.
g. On a parcel where the urban lot split would require demolition of affordable or rental housing that: (i) 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) is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (iii) has been occupied by a tenant in the last 3 years.
C. Lot size, lot split size, setbacks.
1. No parcel of less than 2,400 square feet may be subdivided through the urban lot split process.
2. The resulting lots must be near equal in size; each lot must be at least 40% of the existing lot size, but no smaller than 1,200 square feet.
3. The new lot line may be approved even if the line divides preexisting adjacent or connected structures, so long as the structures meet building code safety standards and are sufficient to allow for separate conveyance.
D. Urban lot split access and public improvements.
1. Created parcels shall have access to, provide access to, or adjoin the public right-of-way. Flag lots or easements are permissible if there is no alley access to the back parcel. As feasible, no more than 1 curb cut is permitted per original parcel; shared street access is required where street access is necessary for both parcels.
2. Easements shall be required for the provision of public services and facilities.
3. The City shall not require the dedication of rights-of-way or the construction of off-site improvements.
E. Use limitation and deed restriction.
1. Deed restriction. As part of the recordation of the lot split, the owner shall record a deed restriction on both resultant lots in a form approved by the City that includes all items enumerated in Subsection (E)(2) of this Section.
2. Use limitations. The following restrictions apply to all lots created through an urban lot split:
a. Sale. The sale of an ADU unit separate from the sale of the primary unit on the same parcel is prohibited.
b. Short-term rentals. Units shall not be rented for periods of less than 31 days.
c. Future lot splits. Future urban lot splits of either resulting parcel are prohibited.
d. Prohibition of nonresidential uses. Nonresidential uses are not permitted. Only residential uses are permitted (per Use Table 2-1, Residential Uses).
3. Owner occupancy affidavit. The property owner shall sign an affidavit stating that the applicant intends to occupy 1 of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split.
a. The owner-occupancy requirement does not apply to parcels under ownership of a community land trust, as defined in § 402.1 of the Revenue and Taxation Code, or a qualified nonprofit corporation as described in § 214.15 of the Revenue and Taxation Code.
F. Subdivision Map Act and General Plan conformance. This Section overrides any conflicting provisions of the Subdivision Map Act. General Plan conformance is not required if it would preclude urban lot splits mandated by this Section.
G. Exceptions to development standards for lot splits with existing development.
1. Side and rear yard setbacks. No setbacks are required for existing structures.
2. Nonconforming structures and land uses. All existing nonconforming zoning conditions (use, development standards, parking standards, etc.) may continue with an urban lot split.
H. Urban lot split application requirements. An application for an urban lot split under this Section shall include the following materials.
1. Tentative map.
2. Boundary survey.
3. Parcel map with legal descriptions for both parcels.
4. Deed restriction.
I. Allowable development. Development of parcels created through an urban lot split shall be regulated by § 18.42.200.
(Ord. 986, § 3, passed 03-25-2024)
18.84.050 - Parcel Merger
A. Procedures for merger of parcels. Two or more parcels may be merged as follows.
1. Parcels may be merged in compliance with Map Act Chapter 3, Article 1.5. A parcel or unit may be merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size as identified by this Development Code applicable to the parcels or units of land, and if all of the requirements of Map Act Section 66451.11 are satisfied.
2. Parcels may also be merged in compliance with Map Act Sections 66499.20-1/2, or 66499.20-3/4; provided that a merger in compliance with Map Act Section 66499.20-3/4 shall require the recordation of an instrument evidencing the merger in the same manner as required by Map Act Section 66499.20-1/2.
B. Requirements for unmerger of parcels. The unmerger of parcels within the City shall comply with Map Act Chapter 3, Article 1.7.
18.84.060 - Reversion to Acreage
A. Procedures. A Reversion to Acreage shall be initiated, processed, reviewed, and approved or denied in compliance with Map Act Chapter 6, Article 1.
B. Application requirements. An application for reversion submitted by a property owner shall include all information required by the Department, and shall include the fee required by the City Fee Schedule.
C. Parcel Map in Lieu of Final Map. A Parcel Map may be filed to revert to acreage land previously subdivided that consists of four or less contiguous parcels, in compliance with Map Act Section 66499.20-1/4.
D. Effect of reversion. The filing of a Parcel Map or Final Map to complete a Reversion to acreage shall also constitute the merger of the separate parcels into one parcel, in compliance with Map Act Section 66499.20-1/2.