A.

The purpose of this chapter is to establish objective zoning standards and regulations to govern the development of qualified Senate Bill 9 (SB 9) subdivisions and development projects in residential zoned properties within the city. The establishment of these regulations will result in the orderly subdivision and development of qualified Senate Bill projects while ensuring that the new units are consistent with the city's character and do not create any significant impacts with regards to public infrastructure or public safety. The regulations are established to implement the requirements under as reflected in Government Code Section 65852.21 and 66411. 7.

B.

The provisions of this chapter shall be the primary regulations for the subdivisions of land for SB 9 dwelling units. To the extent that an aspect of the subdivision of land for SB 9 dwelling units is not addressed by the chapter, other provisions of this Code shall apply. In the event of a conflict between this chapter and another provision of this Code, as it applies to the subdivision of land for 9 units, this chapter shall prevail.

(Ord. No. 702, § 1, 10-25-2022)

For purposes of this chapter and chapter 17.71, the following definitions apply:

A.

"A person acting in concert with the owner ¹ ' means a person that has a common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

B.

"Adjacent parcel" means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right of way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.

C.

"Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

D.

"Common ownership or control" means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or a family member of an investor if the entity owns ten percent or more of the interest in the property.

E.

"Director" means the city of Corning city manager or their designee.

F.

"Very low-income households" has the meaning set forth in Health & Safety Code Section 50105.

G.

"Lower-income household" has the meaning set forth in Health and Safety Code Section 50079.5.

H.

"Moderate income household" has the meaning set forth in Health and Safety Code Section 50093.

I.

"Sufficient for separate conveyance" means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually.

J.

"Two-unit development" means a development that proposes no more than two units or proposes to add one new unit to one existing unit and that meets all the criteria and standards set forth in chapter 17.71.

K.

"Urban lot split" means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter.

(Ord. No. 702, § 1, 10-25-2022)

A.

Application and review authority. An application for an urban lot split shall be made by the property owner and filed with the planning department on a form prescribed by the director, containing such information as reasonably requested by the director, and accompanied by the appropriate fee.

B.

Ministerial review. For applications that satisfy the requirements of this chapter, the director shall approve a parcel map as a ministerial permit, without discretionary review, public hearing, or design review. The decision shall be final and shall state in writing the reasons for approval or denial, consistent with qualifying criteria listed in 17.70.040.

C.

Review timing. The city shall act upon an application for an urban lot split within the time limits provided by the subdivision map act.

(Ord. No. 702, § 1, 10-25-2022)

Applications for urban lot splits must meet the following requirements. No exceptions to the standards in this section shall be requested or granted.

A.

The parcel is located within a single-family residential zone.

B.

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 monitoring program of the department of conservation, or land zoned or designated for agricultural protection or preservation by 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 subparagraph does not apply to sites excluded from the specified hazard zones by the city, 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 but 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, Element 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 & Safety Code), And by the 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 1 percent annual chance flood (one hundred 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 can satisfy all applicable federal qualifying criteria to provide that the site satisfies this subparagraph, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standards or action adopted by the city that is applicable to that site. The development may be located on a site described in this subparagraph if either of the following are met (1) the site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the city; or (2) 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 can satisfy all applicable federal qualifying criteria to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city 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 the city 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. sec. 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. 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.

Lands under conservation easement.

C.

The lot split shall result in no more than two parcels (one net new parcel) of approximately equal lot area, provided that one parcel shall not be smaller than forty percent of the lot area of the original parcel proposed for subdivision and in no instance shall any resulting lot be smaller than twelve hundred square feet in area.

D.

The resulting parcels shall comply, with the lot size, frontage, width, and front & rear requirements of title 17 -Zoning, except that the Director will grant the minimum necessary exceptions to any requirement that would physically preclude the original parcel from being subdivided into two parcels that are not smaller than twelve hundred square feet, so long as one of the parcels is no smaller than forty percent of the lot area of the parcel proposed for subdivision.

E.

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 to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

4.

Housing that has been occupied by a tenant in the last three years.

F.

The parcel is not located within a historic district or property included on the state historic resources inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city landmark or historic property or historic district pursuant to a city ordinance or as indicated in the city.

G.

The parcel being subdivided was not created by an urban lot split as provided in this section.

H.

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 section.

I.

The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

1.

The application of such standards shall be modified by the director 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 eight hundred square feet. Any modifications of development standards shall be the minimum modifications necessary to avoid physically precluding two units of eight hundred square feet on each parcel.

2.

Required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

J.

Each resulting parcel shall have access to, provide access to or adjoin the public right-of way. Each resulting parcel shall be required to meet the design standards of this Code for subdivisions. Additionally, lot lines shall be:

1.

Straight lines unless there is a conflict with existing improvements or the natural environment;

2.

Generally parallel to the street when facing a street or be at right angles perpendicular to the street on the straight streets, or radial to the street on curved streets;

3.

Within appropriate physical locations (e.g., does not bisect buildings);

4.

Contiguous with existing zoning boundaries.

5.

Lot lines shall not result in an accessory building or accessory use on a lot without a main building on the same lot.

K.

Proposed adjacent or connected dwelling units shall be permitted if they meet building and safety standards and are designed sufficient to allow separate conveyance. The proposed dwellings shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.

L.

No more than two units may be located on any lot created through an urban lot split, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as a two-unit development.

M.

Parking. One parking space shall be required per unit constructed on parcel created through an urban lot split, except that no parking may be required when:

1.

The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

2.

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

N.

Compliance with subdivision map act. The urban lot split shall conform to all applicable objective requirements of the subdivision map act (Government Code Section 66410 et seq.), except as otherwise expressly provided in Government Code Section 66411.7. Notwithstanding Government Code Section 66411.1, no dedications of rights of way or the construction of off-site improvements may be required as a condition of approval for an urban lot split, although easements may be required for the provision of public services and facilities.

O.

The correction of non-conforming zoning conditions may not be required as a condition of approval.

P.

Parcels created by an urban lot split may be used for residential uses only and may not be used for rentals of less than thirty days.

Q.

If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300 (d).

R.

Urban lot splits shall be subject to all impact and other development fees imposed on the approval of a parcel map.

S.

Specific adverse impacts. In addition to the criteria listed in this section, a proposed urban lot split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, 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 the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

T.

A building permit application for SB 9 dwelling units must be submitted concurrently with the parcel map application to demonstrate compliance with SB 9 development standards and this chapter for newly created lots.

(Ord. No. 702, § 1, 10-25-2022)

A.

Owner-occupancy affidavit. The applicant for an urban lot split shall sign an affidavit, in the form approved by the city attorney, stating that the applicant intends to occupy one of the housing units on the newly created lots as its principal residence for a minimum of three years from the date of the approval of the urban lot split. This subsection shall not apply to an applicant that is a community land trust as defined in clause (ii) of subparagraph (11) of subdivision (a) of Section 402.1 of the Revenue & Taxation Code or is a "qualified nonprofit corporation" as described in section 214.15 of the Revenue & Taxation Code.

B.

Additional affidavit. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an urban lot split shall sign an affidavit, in the form approved by the city attorney, stating that none of the conditions listed in section 17.70.040(F) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished). The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an urban lot split.

C.

Recorded covenant. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant in the form prescribed by the city attorney which shall run with the land and provide the following:

1.

A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section; and

2.

A prohibition on nonresidential uses of any units developed or constructed on either resulting parcel, including a prohibition against renting, or leasing the units for fewer than thirty consecutive calendar days.

3.

A decision to approve or deny an urban lot split shall be final.

(Ord. No. 702, § 1, 10-25-2022)