Chapter 16.03
URBAN LOT SPLITS
Sections:
16.03.030 Standards and requirements.
16.03.040 Specific adverse impacts.
16.03.010 Purpose.
The purpose of this chapter is to provide objective subdivision standards for two-unit developments and urban lot splits within single-family residential zones, to implement the provisions of State law as reflected in Government Code Section 66411.7 et seq., to facilitate the development of new residential housing units consistent with the City’s General Plan, and ensure sound standards of public health and safety. (Ord. 1603 § 4 (Exh. IB), 2023)
16.03.020 Approval process.
The City shall ministerially approve a parcel map for the split of a single-family residential lot into two parcels if the following requirements are met, in addition to the requirements of PMC 16.03.030 (Standards and requirements).
(A) Zoned Single-Family. The property is located within single-family residential zones (ER, LDR, SFR1, SFR2, and SFR3) except as noted in subsection (B) of this section (Not on Prohibited Land).
(B) Not on Prohibited Land. The property shall not be located in any of the following areas and shall not fall within any of the following categories:
(1) Historic. An 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.
(2) Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).
(3) Wetlands. Wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(4) Fire Zone. A very high fire hazard severity zone as further defined in Government Code Section 65913.4(a)(6)(D). This shall not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(5) Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed use.
(6) Flood Zone. A special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this section and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site. A development may be located on a site described in this section if either of the following are met:
(a) The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the City; or
(b) The site meets FEMA requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).
(7) Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this section and is otherwise eligible for streamlined approval under this section, the City shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the City that is applicable to that site.
(8) Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I).
(9) Habitat for Protected Species. 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 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(10) Conservation Easement. Lands under a conservation easement.
(C) Prohibitions. The proposed lot split shall not require demolition or alteration of any of the following types of housing:
(1) Affordable Housing. 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) Rental Units. Housing that has been occupied by a tenant in the last three years.
(4) Ellis Act Housing. 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.
(5) The parcel being subdivided was not created by an urban lot split as provided in this chapter.
(D) Two Parcels Maximum. The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel.
(E) Minimum Lot Size – Lots at Least 1,200 Square Feet. Both newly created parcels shall be no smaller than 1,200 square feet.
(F) Adjacent Parcels. 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 in this chapter. For purposes of this section, it shall be assumed that where a lot owner purchased the property from an adjacent owner who subdivided their property pursuant to this chapter within five years of the lot split, the owner is acting in concert with the prior owner of the adjacent lot.
(G) Two Units per Parcel. A maximum of no more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units, or as otherwise allowed pursuant to a density bonus.
(H) Objective Standards. Comply with all objective subdivision standards in this chapter, and objective zoning and design standards in PMC Title 17 Zoning, Division 3 (Residential Zones). (Ord. 1603 § 4 (Exh. IB), 2023)
16.03.030 Standards and requirements.
An urban lot split pursuant to PMC 16.03.020 (Approval process) shall comply with the following requirements:
(A) Map Compliance. The lot split shall conform to all applicable objective requirements of the Subdivision Map Act and PMC Title 16 (Subdivisions), except as modified by this section.
(B) Easements. The applicant shall provide easements for the provision of public services and facilities as required. The City shall not require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map.
(C) Street Access. All lots shall have existing access, provide new access, or adjoin the public right-of-way. Access drives shall have a minimum width of 12 feet. (Ord. 1603 § 4 (Exh. IB), 2023)
16.03.040 Specific adverse impacts.
In addition to the criteria listed in this chapter, the City may deny the lot split if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the 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. A “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with PMC Title 17 (Zoning) or the General Plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts. (Ord. 1603 § 4 (Exh. IB), 2023)
16.03.050 Recorded covenant.
(A) Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney, which shall run with the land and provide for the following:
(1) A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this chapter;
(2) A limitation restricting the property to residential uses only; and
(3) A requirement that any dwelling units on the property may be rented or leased only for a period longer than 30 days.
(B) The City Manager or designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant. (Ord. 1603 § 4 (Exh. IB), 2023)
16.03.060 Enforcement.
(A) The City Attorney shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. 1603 § 4 (Exh. IB), 2023)