Galt City Zoning Code
CHAPTER 18
70 URBAN LOT SPLITS
§ 18.70.010 Purpose.
The purpose of this chapter is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7.
(Ord. 2023-01, Added, 02/21/2023)
§ 18.70.020 Definition.
means the subdivision of an existing, legally subdivided lot into two (2) lots in accordance with the requirements of this chapter.
(Ord. 2023-01, Added, 02/21/2023)
§ 18.70.030 Application.
A.
Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).
B.
An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.
C.
The City may establish a fee to recover its costs for adopting, implementing, and enforcing this chapter of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.
(Ord. 2023-01, Added, 02/21/2023)
§ 18.70.040 Approval.
A.
An application for a parcel map for an urban lot split is approved or denied ministerially by the Community Development Director without discretionary review.
B.
A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this chapter. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three (3) months after approval.
C.
The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.
D.
The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.
(Ord. 2023-01, Added, 02/21/2023)
§ 18.70.050 Requirements.
An urban lot split must satisfy each of the following requirements:
A.
Map Act Compliance.
1.
The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Government Code Section 66410 et. seq., "SMA"), including implementing requirements in this code, except as otherwise expressly provided in this chapter.
2.
If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this chapter, or any other legal requirement:
a.
The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
b.
The City has all the remedies available to it under the SMA, including but not limited to the following:
i.
An action to enjoin any attempt to sell, lease, or finance the property.
ii.
An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
iii.
Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one (1) year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.
iv.
Record a notice of violation.
v.
Withhold any or all future permits and approvals.
3.
Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split.
B.
Zone. The lot to be split is in a single-family residential zone (R1A, R1B, or R1C), as established by Section 18.16.020.
Lot Size.
C.
Easements.
1.
The owner must enter into an easement agreement with each public service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
2.
Each easement must be shown on the tentative parcel map.
3.
Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved.
4.
If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.
E.
Unit Standards.
1.
Quantity. No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit or a unit created under Section 18.16.080 (an accessory dwelling unit ("ADU"), or a junior accessory dwelling unit ("JADU")).
2.
Unit Size.
b.
A primary dwelling that was legally established prior to the urban lot split and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
c.
A primary dwelling that was legally established prior to the urban lot split and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after the urban lot split.
3.
Height Restrictions.
a.
On a resulting lot that is larger than two thousand (2,000) square feet, no new primary dwelling unit may exceed a single story or twenty-five (25) feet in height, measured from grade to peak of the structure.
b.
On a resulting lot that is smaller than two thousand (2,000) square feet, no new primary dwelling unit may exceed two (2) stories or thirty (30) feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one (1) story must be stepped back by an additional five (5) feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.
c.
No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
4.
Lot Coverage. No resulting lot subject to this division may result in the total lot coverage of the resulting lot to exceed sixty-five percent (65%). This lot coverage standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.
5.
Open Space. No resulting lot subject to this division may result in the total open space area falling below thirty-five percent (35%). "Open space area" shall not include any required yard or setback, required building separation, access area, or area with dimensions of less than ten (10) feet or slope of greater than ten percent (10%). This open space standard is only enforced to the extent that it does not prevent two (2) primary dwelling units on the lot at eight hundred (800) square feet each.
6.
Setbacks.
a.
Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
b.
Exceptions. Notwithstanding subsection (E)(6)(a) of this section:
i.
Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
ii.
Eight Hundred (800) Square Feet - Four (4) Foot Side and Rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two (2) units on the lot or either of the two (2) units from being at least eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.
c.
Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least fifteen (15) feet from the front property lines, twenty (20) feet to the garage door. The front setback area must:
i.
Be kept free from all structures greater than three (3) feet high;
ii.
Be at least fifty percent (50%) landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and
iii.
Allow for vehicular and fire-safety access to the front structure.
7.
Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one (1) off-street parking space per unit unless one (1) of the following applies:
8.
Architecture.
a.
If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
b.
If there is no legal primary dwelling on the lot before the urban lot split, and if two (2) primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
c.
All exterior lighting must be limited to down-lights.
d.
No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
e.
If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than thirty (30) feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
9.
Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows:
a.
At least one (1) fifteen (15) gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one (1) twenty-four (24) inch box size plant shall be provided for every ten (10) linear feet of exterior wall.
b.
Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.
c.
All landscaping must be drought-tolerant.
d.
All landscaping must be from the City's approved plant list.
10.
Nonconforming Conditions. An urban lot split may only be approved if all nonconforming zoning conditions are corrected.
11.
Utilities.
a.
Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
b.
Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an on-site wastewater treatment system must first have a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.
12.
Building and Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
F.
Fire Hazard Mitigation Measures. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire hazard mitigation measures in accordance with this subpart. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.
G.
Separate Conveyance.
1.
Within a resulting lot:
a.
Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
b.
Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
c.
All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
2.
Separate conveyance of the resulting lots, in their entirety, is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate covenants, codes and restrictions (CC&Rs), easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots.
H.
Regulation of Uses.
1.
Residential Only. No nonresidential use is permitted on any lot created by an urban lot split, except for "home occupation" uses as established and regulated by Section 18.44.050.
2.
No Short-Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days.
3.
Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved.
I.
Notice of Construction.
1.
At least thirty (30) business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
2.
This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this chapter. This notice requirement is purely to promote neighborhood awareness and expectation.
J.
Deed Restriction. The owner must record a deed restriction, acceptable to the City, that does each of the following:
1.
Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.
2.
Expressly prohibits any nonresidential use of the lots created by the urban lot split.
3.
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
4.
States that the property is formed by an urban lot split and is therefore subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development.
(Ord. 2023-01, Added, 02/21/2023)
§ 18.70.060 Specific adverse impacts.
A.
Notwithstanding anything else in this chapter, the City may deny an application for an urban lot split if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
B. "Specific adverse impact"
has the same meaning as in Government Code Section 65589.5(d)(2): "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" and does not include (1) inconsistency with the zoning ordinance or General Plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
C.
The Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.
(Ord. 2023-01, Added, 02/21/2023)