Chapter 15.31
URBAN LOT SPLITS
Sections:
15.31.030 Filing, processing, and action.
15.31.040 Development standards.
15.31.010 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. 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. (Ord. 1096 § 3, 2023).
15.31.020 Definitions.
(a) Urban Lot Split. The subdivision of a parcel within a residential single-family zone into no more than two (2) parcels pursuant to the authority set forth in Section 66411.7 of the Government Code. (Ord. 1096 § 3, 2023).
15.31.030 Filing, processing, and action.
(a) Ministerial Review. An urban lot split shall be ministerially approved, without discretionary review or hearing, if the proposed housing development meets all provisions of this chapter and conforms to all applicable objective requirements of the Subdivision Map Act (Division 2) commencing with Section 66410 of the Government Code.
(b) The city engineer may require additional information, as may be required to determine eligibility as an urban lot split, per SB 9.
(c) Applicants for urban lot splits shall submit a parcel map application.
(1) Applications shall include, at a minimum, all of the following items as one (1) complete package prior to city engineer accepting the parcel map for review:
(A) An affidavit from the applicant stating the applicant intends to occupy one (1) of the housing units created through an urban lot split as the applicant’s principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. An affidavit shall not be required if the applicant is a community land trust or qualified nonprofit corporation under Section 214.15 or 402.1 of the Revenue and Taxation Code.
(B) A parcel map fee in the amount set forth in the city of Menlo Park master fee schedule.
(C) All documents used to complete the map, including:
(i) Current title report dated within two (2) months of the initial submittal date.
(ii) Easement deed.
(iii) Grant deed.
(iv) Filed maps.
(v) Soils report.
(vi) Guarantee of title.
(vii) Improvement plans.
(viii) Survey traverse calculations.
(D) Identification of electronic computer closures for all circuits shown on map.
(2) Parcel maps for urban lot splits shall not be conditioned on dedication of right-of-way or construction of off-site improvements.
(d) The city shall act on a parcel map application for an urban lot split within fifty (50) days of receipt of a complete application. If the applicant requests a delay in writing, the fifty (50) day time period shall be tolled for the period of the delay. The city has acted on the application if it:
(1) Approves or denies a parcel map application for an urban lot split; or
(2) Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter or other applicable laws and regulations.
(e) Adverse Impact Upon Health and Safety. A proposed urban lot split shall be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed two (2) unit housing development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 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.
(f) Limitations on Approval. A proposed urban lot split shall not be eligible for approval pursuant to this chapter if any of the following circumstances apply:
(1) The proposed urban lot split would require demolition or alteration of “protected housing.” Protected housing includes:
(a) 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.
(b) Housing that is subject to rent control through valid local rent control provisions.
(c) A parcel on which the owner of residential real property has withdrawn accommodations from rent or lease pursuant to Section 7060 of the Government Code within fifteen (15) years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act).
(d) Housing that has been occupied by a tenant in the last three (3) years.
(2) The parcel to be subdivided is located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a city or county landmark or historic property or district.
(3) The parcel to be subdivided satisfies the requirements of subsections (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code.
(4) The parcel to be subdivided has been established through prior exercise of an urban lot split pursuant to this chapter.
(5) Either the owner of the parcel to be subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split pursuant to this chapter. “Acting in concert” means 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.
(g) Density Bonus Projects. Notwithstanding the authority set forth in Government Code Section 65915 et seq., the city shall not permit more than two (2) units on a parcel created through an urban lot split.
(h) Certification and Recordation. The applicant shall submit the original mylars of the parcel map and pay all applicable city fees and any recording fee (as required by the county recorder) to the city engineer for certification. If the parcel map is in compliance with the Subdivision Map Act (Cal. Gov. Code Section 66410 et seq.) and all applicable laws and regulations, the city engineer will certify the parcel map and transmit the same to the city clerk for submittal to the office of the recorder clerk of San Mateo County. (Ord. 1096 § 3, 2023).
15.31.040 Development standards.
(a) General Standards.
(1) Urban lot splits shall be permitted in all single-family residential zones including:
|
R-1-U |
Single-Family Urban Residential |
|
R-1-U (LM) |
Single-Family Urban Residential (Lorelei Manor) |
|
R-1-S |
Single-Family Suburban Residential |
|
R-1-S (FG) |
Single-Family Suburban Residential (Felton Gables) |
|
R-E |
Residential Estate |
|
R-E-S |
Residential Estate Suburban |
The provisions of this chapter shall be applicable to properties with the (X) designation within these zoning districts.
(2) Uses created through an urban lot split shall be limited to residential uses.
(3) Short-Term Rentals Prohibited. The rental of any unit created through an urban lot split shall be for a term of longer than thirty (30) days.
(4) Accessory Dwelling Units. As more fully set forth in Section 16.79.140, accessory dwelling units and junior accessory dwelling units shall not be permitted on parcels created through an urban lot split pursuant to this chapter.
(b) Objective Development Standards.
Lot area
Subject to urban lot split subdivision standards, the minimum lot size shall be no less than forty percent (40%) of the initial lot size and at least one thousand two hundred (1,200) square feet.
In the event of a panhandle subdivision, the panhandle shall count towards the overall lot area.
Lot dimensions
For side-by-side urban lot splits, the minimum lot width shall be as follows:
For properties with an existing width of less than sixty-five (65) feet, the subdivided lot width shall be fifty percent (50%) of the original lot width.
For properties with a lot width of sixty-five (65) feet or greater, the subdivided lot width shall be at least forty percent (40%) of the initial lot width.
Subject to urban lot split subdivision standards, the panhandle width shall be a minimum of twenty (20) feet for panhandle lots to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code Section 503 (Fire Apparatus Access Roads) and California Code Regulations Title 14, Section 1273.00 et seq.
Minimum yards
Ground floor yards:
Front: The required front yard per the underlying zoning district shall apply, unless the front property line is located at a newly created lot line on a panhandle lot, where the minimum required front yard shall be four (4) feet.
Side: Four (4) feet, unless the side property line abuts a newly created panhandle, in which case there is no required side yard.
Rear: Four (4) feet.
No yards shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
No yards shall be required for zero (0) lot line developments at newly created interior lot lines.
Lots created through the authority of this chapter shall have access to or adjoin the public right-of-way, sufficient to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code Section 503 (Fire Apparatus Access Roads) and California Code Regulations Title 14, Section 1273.00 et seq.
(c) Exceptions to Development Standards. Notwithstanding subsection (b) of this section, all development standards shall be subject to the following:
(1) Any standards that would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet shall not be imposed.
(2) No setback shall be imposed for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(3) Correction of any legal nonconforming zoning condition shall not be required as a condition of approval of an urban lot split. (Ord. 1096 § 3, 2023).