Chapter 16.48
URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
Sections:
16.48.010 Urban lot split subdivision.
16.48.020 Preparation of urban lot split map.
16.48.040 Information to be filed with urban lot split map.
16.48.050 Requirements for urban lot split map.
16.48.060 Application of objective standards.
16.48.080 Preliminary title report.
16.48.090 Revised urban lot split map.
16.48.100 City engineer – Duties.
16.48.110 Consideration of urban lot split map – Notice of decision.
16.48.120 Disapproval of urban lot split map.
16.48.130 Transmittal of urban lot split map to county recorder.
16.48.140 Correction and amendment of urban lot split map.
16.48.010 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. 521 § 6, 2021)
16.48.020 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 shall conform to all of the following provisions:
A. 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. (Gov. Code § 66448) (Ord. 521 § 6, 2021)
16.48.030 Application.
A. A subdivider applying for an urban lot split subdivision plat shall file an application with the city engineer, 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 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. 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.
B. The city engineer 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. The city engineer shall not accept an application or map an urban lot split located in the coastal zone unless it is submitted together with a copy of a valid coastal development permit issued by the California Coastal Commission.
D. 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. 521 § 6, 2021)
16.48.040 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 and such additional information as the city engineer 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. 521 § 6, 2021)
16.48.050 Requirements for urban lot split map.
The city engineer shall ministerially approve a parcel map for an urban lot split only if the city engineer 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 1,200 square feet.
B. Both newly created parcels shall be of approximately equal lot area, which for purposes of this subsection shall mean that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
C. New unit size shall be not greater than 825 square feet. Maps shall show the footprints of existing and proposed structures.
D. The parcel being subdivided is located within an (ER-1), (ER-2), (LR), or (LMR) zone permitting single-family dwellings described in Chapter 17.20 SBMC.
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 subdivision (b) of Section 51179 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 annual chance flood (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 are 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 Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. 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.
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 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 under this chapter.
4. Housing that has been occupied by a tenant in the last three years. An applicant for an urban lot split subdivision must demonstrate whether any existing housing on the parcel was owner occupied or vacant to director’s satisfaction.
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 SBMC 17.20.040(R)(4).
L. Units constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed 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 vehicular ingress and egress to the public right-of-way, which shall be either through access over land owner in fee or evidences by a recorded easement in favor of the parcel requiring right-of-way access.
N. There shall be provided no less than one space per unit of off-street parking.
O. Each unit shall be required to provide a solar photovoltaic (PV) system as an electricity source.
P. The uses allowed on a parcel created pursuant to this chapter shall be limited to residential uses.
Q. Dwelling units constructed on urban lot split subdivision lots shall only be used for rentals of terms of longer than 30 days.
R. Prior to approval of an urban lot split subdivision, the applicant shall have complied with the covenant recording requirement contained in SBMC 17.20.040(R)(4)(g) and (R)(8). (Ord. 521 § 6, 2021)
16.48.060 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; 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 units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet, and no additional variances shall be permitted. (Ord. 521 § 6, 2021)
16.48.070 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 100 cubic yards. (Ord. 521 § 6, 2021)
16.48.080 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. 521 § 6, 2021)
16.48.090 Revised urban lot split map.
Where a subdivider desires to revise an approved urban lot split map, the subdivider may file with the city engineer, prior to the expiration of the approved urban lot split map, a revised urban lot split map on payment of the fees specified in SBMC 16.08.010. (Ord. 521 § 6, 2021)
16.48.100 City engineer – Duties.
The city engineer 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 city engineer 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. 521 § 6, 2021)
16.48.110 Consideration of urban lot split map – Notice of decision.
Within 50 calendar days after a complete application for an urban lot split map is filed with it, the city engineer 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. 521 § 6, 2021)
16.48.120 Disapproval of urban lot split map.
The city engineer 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 lots or more than four units total among the two lots.
C. The city engineer 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 paragraph (2) of subdivision (d) of Government Code Section 65589.5, 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.
E. The urban lot split’s failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this title. 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 title or the conditions of approval which have not been met or performed. (Ord. 521 § 6, 2021)
16.48.130 Transmittal of urban lot split map to county recorder.
After the approval by the city of an urban lot split map, the applicant or its 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. 521 § 6, 2021)
16.48.140 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. 521 § 6, 2021)