Chapter 16.28
URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
Sections:
16.28.010 Urban Lot Split Subdivision.
16.28.020 Preparation of Urban Lot Split Map.
16.28.040 Information to Be Filed With Urban Lot Split Map.
16.28.050 Requirements for Urban Lot Split Map.
16.28.060 Application of Objective Standards.
16.28.080 Preliminary Title Report.
16.28.090 Revised Urban Lot Split Map.
16.28.100 Department of Community Development—Duties.
16.28.110 Consideration of Urban Lot Split Map—Notice of Decision.
16.28.120 Disapproval of Urban Lot Split Map.
16.28.130 Transmittal of Urban Lot Split Map to County Recorder.
16.28.140 Correction and Amendment of Urban Lot Split Map.
16.28.010 Urban Lot Split Subdivision.
No person shall create an urban lot split subdivision except by the filing of an urban lot split map approved pursuant to this chapter and the Subdivision Map Act. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.020 Preparation of Urban Lot Split Map.
The urban lot split map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and:
A. Shall conform to all of the following provisions and the provisions of Section 66445 of the Subdivision Map Act.
B. Shall be based upon a field survey made in conformity with the Land Surveyors Act (Government Code Section 66448). (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.030 Application.
A. A subdivider applying for an urban lot split subdivision plat shall file an application with the Department of Community Development, together with copies of an urban lot split map. An applicant for an urban lot split subdivision shall sign and submit with the application an affidavit stating that the applicant intends to occupy one (1) of the housing units as their 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 of an applicant that is either a “community land trust” or a “qualified nonprofit corporation” as defined in the Revenue and Taxation Code. If the applicant is not a natural person, the applicant shall submit an ownership disclosure.
B. The Department of Community Development shall not accept an application or map for processing unless the Department finds that the urban lot split map is consistent with the zoning provisions of this code and that all approvals and permits required by the City zoning provisions for the project have been given or issued.
C. Notwithstanding the provisions of subsection (B) of this section, an urban lot split map may be processed concurrently with documents, permits or approvals required by the zoning provisions of this code, if the applicant first waives the time limits for processing, approving or conditionally approving or disapproving an urban lot split map provided by this chapter or the Subdivision Map Act. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.040 Information to Be Filed With Urban Lot Split Map.
Such information as may be prescribed by the rules and regulations approved by the City Council pursuant to Section 17.57.025 and such additional information as the Department of Community Development may find necessary with respect to any particular case to implement the provisions of this chapter shall accompany the urban lot split map at the time of submission, including a certificate of an engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act, and a certificate in accordance with Section 66450 of the Subdivision Map Act relating to unincorporated territory. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.050 Requirements for Urban Lot Split Map.
The Department of Community Development shall ministerially approve a parcel map for an urban lot split only if the Department of Community Development determines that the parcel map for the urban lot split meets all of the following requirements:
A. Both newly created parcels shall be no smaller than one thousand two hundred (1,200) square feet.
B. Both newly created parcels shall be of approximately equal lot area, which for purposes of this section shall mean that one (1) parcel shall not be smaller than forty percent (40%) of the lot area of the original parcel proposed for subdivision.
C. Unit size shall be not greater than eight hundred (800) square feet.
D. The parcel being subdivided is located within the NU1, NU2, NU3, NU4, NU5, UR1, and UR2 zones.
E. The parcel being subdivided is not located on a site that is any of the following:
1. Either prime farmland or farmland of Statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
3. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to Section 51179(b) of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.
4. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code 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 uses.
5. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
6. Within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subsection if either of the following is met:
a. The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
7. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with 44 CFR Section 60.3(d)(3). If a development proponent is able to satisfy all applicable Federal qualifying criteria in order to provide that the site satisfies this subsection and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
8. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan.
9. 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. Section 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. Lands under conservation easement.
11. Where a lot or any portion thereof is located in a high fire hazard severity zone, as defined by the Los Angeles County Fire Department, an urban lot split shall be prohibited unless it either fronts a highway and vehicles enter directly from the highway (as defined in Table C-2 of the General Plan Circulation Element), or it has two (2) means of direct vehicular access to a highway that meet the following requirements:
a. The two (2) distinct means of vehicular access, as measured from the lot frontage to the point of intersection with the highway, shall not overlap with each other; and
b. Each distinct means of vehicular access shall contain a paved or unpaved road of at least twenty-four (24) feet in width, exclusive of sidewalks, landscaping, and parking lanes.
F. 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 Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application under this chapter.
4. Housing that has been occupied by a tenant in the last three (3) years.
G. 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 or County landmark or historic property or district pursuant to a City or County ordinance.
H. The parcel has not been established through prior exercise of an urban lot split as provided for in this chapter.
I. 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.
J. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Department of Community Development.
K. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in Section 17.57.025(D).
L. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed sixteen (16) feet in height measured from preexisting grade or finished grade, whichever is lower, to the highest point of the roof.
M. Each unit located on a parcel created pursuant to this chapter shall have a minimum ten (10) foot-wide vehicular ingress and egress to the public right-of-way.
N. There shall be no less than one (1) enclosed parking space per unit of off-street parking, except that parking is not required if the parcel is located within one-half (1/2) 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, or if there is a car share vehicle located within one (1) block of the parcel. The parking space must maintain a minimum area of ten (10) feet wide by twenty (20) feet deep to remain clear and free of all obstructions.
O. The uses allowed on a parcel created pursuant to this chapter shall be limited to residential uses.
P. Dwelling units constructed on urban lot split subdivision lots shall only be used for rentals for terms of longer than thirty (30) days.
Q. Prior to approval of an urban lot split subdivision, the applicant shall have complied with the two (2) unit development covenant recording requirement contained in Section 17.57.025(H).
R. Each two (2) unit residential development resulting from approval of an urban lot split shall comply with the development standards contained in Section 17.57.025(D). (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.060 Application of Objective Standards.
Development proposed on lots created by an urban lot split subdivision shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel based on the underlying zoning, the development standards contained in Sections 17.57.025(D) and (E); provided, however, that the application of such standards shall be reduced if the standards would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than eight hundred (800) square feet. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.070 Grading Plan.
There shall be filed with each urban lot split map a grading plan showing graded building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements to serve the subdivision. The grading plan, together with the original topography contours, may be shown on an exhibit to the urban lot split map. The grading plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. In the event no grading is proposed, a statement to that effect shall be placed on the urban lot split map. In no event shall grading pursuant to an application submitted under this chapter exceed one hundred (100) cubic yards. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.080 Preliminary Title Report.
There shall be filed with each urban lot split map a current preliminary title report of the property being subdivided or altered. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.090 Revised Urban Lot Split Map.
Where a subdivider desires to revise an approved urban lot split map, the subdivider may file with the Department of Community Development, prior to the expiration of the approved urban lot split map, a revised urban lot split map on payment of the fees specified in Section 17.25.110. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.100 Department of Community Development—Duties.
The Director of the Department of Community Development or his or her designee is authorized and directed to carry out the following duties, concerning applications for urban lot split maps under this chapter:
A. Obtain the recommendations of other City departments, governmental agencies or special districts as may be deemed appropriate or necessary by the Director in order to carry out the provisions of this chapter;
B. Consider all recommendations and the results of all investigations and ministerially approve, or disapprove the application. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.110 Consideration of Urban Lot Split Map—Notice of Decision.
The Department of Community Development shall ministerially approve or disapprove such map. The time limit specified in this section may be extended by mutual consent of the applicant and the City. If the urban lot split map is disapproved, the reasons therefor shall be stated in the notice of disapproval. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.120 Disapproval of Urban Lot Split Map.
The Department of Community Development shall not approve an urban lot split map under any of the following circumstances:
A. The land proposed for division is a lot or parcel which was part of an urban lot split map that the City previously approved.
B. The subdivision proposes creation of more than two (2) lots.
C. The Department of Community Development finds that the urban lot split map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued.
D. Based on a preponderance of the evidence, the Building Official finds 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 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.
Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this chapter or the conditions of approval which have not been met or performed. (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.130 Transmittal of Urban Lot Split Map to County Recorder.
After the approval by the City of an urban lot split map, the City Clerk or an agent shall transmit the map to the County Recorder. An urban lot split subject to Section 66493 of the Subdivision Map Act shall be processed in compliance with Government Code Section 66464(b). (Ord. 22-2 § 5 (Exh. A), 1/25/22)
16.28.140 Correction and Amendment of Urban Lot Split Map.
Corrections of and amendments to the urban lot split map shall be made pursuant to Section 66469 et seq. of the Act. (Ord. 22-2 § 5 (Exh. A), 1/25/22)