(a)

The purpose of this article is to promote the public health, safety, and general welfare and to preserve the aesthetic quality of the City through the regulation and control of the division of land in compliance with the Subdivision Map Act.

(b)

This article is adopted to implement the Subdivision Map Act, Government Code § 66410 et seq., and may be cited as the City's subdivision ordinance. If the provisions of this article conflict with any provision of the Subdivision Map Act, the provisions of the Subdivision Map Act shall prevail.

(c)

Land shall not be subdivided and/or developed for any purpose that is not consistent with the General Plan, any applicable specific plan, and this chapter.

(Ord. No. 2022-01, § 20, 5-3-2022)

(a)

City Engineer. The City Engineer shall have final authority in the approval, conditional approval, or disapproval of certificates of compliance, lot line adjustments, and parcel mergers.

(b)

Council. The City Council shall have final authority in the approval, conditional approval, or disapproval of tentative parcel maps, tentative tract maps, vesting tentative maps, and final maps, and the acceptance by the City of lands and/or improvements proposed for dedication to the City.

(Ord. No. 2022-01, § 20, 5-3-2022)

The City Attorney shall be responsible for approving as to form all subdivision improvement documents that affect public rights-of-way related to subdivisions.

(Ord. No. 2022-01, § 20, 5-3-2022)

A tentative and final tract map shall be required for subdivisions creating five or more parcels, in compliance with State law.

(Ord. No. 2022-01, § 20, 5-3-2022)

(a)

Parcel map required. A tentative and final parcel map shall be required for all divisions of land creating four or less parcels, as well as those divisions identified in State law (Government Code § 66426).

(b)

Parcel map not required. A tentative and final parcel map shall not be required for those divisions outlined in State law (Government Code § 66428), nor for lot line adjustments as provided in Government Code § 66412(d).

(Ord. No. 2022-01, § 20, 5-3-2022)

State Law reference— Authority of local government to waive requirement of tentative and final parcel map, Government Code § 66428.

After a final tract or parcel map is filed with the County Recorder, it may be amended by a certificate of correction or an amending map, in compliance with State law (Government Code § 66469 et seq.). The certificate of correction or amending map shall be submitted to the City Engineer and processed in compliance with State law (Government Code § 66471).

(Ord. No. 2022-01, § 20, 5-3-2022)

Approved or conditionally approved tentative maps shall expire two years following the actual date of approval or conditional approval, unless an extension is approved in compliance with this division.

(Ord. No. 2022-01, § 20, 5-3-2022)

A subdivider may request an extension by written application to the Community Development Director. Prior to the expiration of an approved or conditionally approved tentative map, and upon an application by the subdivider to extend that map, the tentative approval of the map shall automatically be extended for 60 days after the expiration date or until the application for the extension is finally approved, conditionally approved, or disapproved, whichever first occurs. The burden of proof is on the subdivider to establish, with substantial evidence, why the tentative map should be extended.

(Ord. No. 2022-01, § 20, 5-3-2022)

State law (Government Code § 66477) provides that cities may require the dedication of land, the payment of fees in lieu, or a combination of both, as a condition of approval of a final subdivision map in order to serve park and recreation purposes.

(Ord. No. 2022-01, § 20, 5-3-2022)

State Law reference— City, by ordinance, may require dedication of land or require payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to approval of a tentative map or parcel map, Government Code § 66477.

Every subdivider who subdivides land shall dedicate a portion of such land, pay a fee in lieu, or a combination of both, as set forth in this division for the purpose of providing park and recreation facilities to serve the subdivision.

(Ord. No. 2022-01, § 20, 5-3-2022)

(a)

The public interest, convenience, health, welfare, and safety require that four acres of property for each 1,000 residents of the City should be devoted to park and recreation purposes.

(b)

The requirement shall be satisfied in part by cooperative arrangements between the City and the local school districts and local park and recreation districts. This should make available one and one-half acres of property for park and recreation purposes for each 1,000 residents of the City.

(c)

The remainder of the required four acres shall be supplied by the requirements of this division and the recreation program of the City.

(Ord. No. 2022-01, § 20, 5-3-2022)

In order to calculate the population density of a subdivision in conjunction with determining the land required for recreation purposes, the average number of residents by housing unit type shall be multiplied by the number of each type of dwelling unit in the subdivision.

(1)

The average number of residents in the City by housing unit type shall be as determined by the latest U.S. Census.

(2)

The number of dwelling units shall be the number of each type of unit allowed by the City in the subdivision at the time the final tract map is filed for approval.

(Ord. No. 2022-01, § 20, 5-3-2022)

The amount of land required to be dedicated by a subdivider pursuant to this article shall be based on the gross area included in the subdivision, according to the following table VI-1:

(Ord. No. 2022-01, § 20, 5-3-2022)

Where private open space for park and recreational purposes is provided in a proposed subdivision and the space is to be privately owned and maintained, such areas may be credited against the requirement of dedication for park and recreation purposes or against the payment of fees in lieu thereof, provided the City Council finds it is in the public interest to do so, and that the following standards are met:

(1)

That yards, setbacks, and other open areas required to be provided by the zoning regulations shall not be included in the computation of private open space.

(2)

That the private ownership and maintenance of the open space is adequately provided for by written agreement.

(3)

That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land and which cannot be eliminated without the consent of the City Council.

(4)

That the proposed private open space is adaptable for use for park and recreational purposes, taking into consideration factors of size, shape, topography, geology, access and location of the private open space land.

(5)

That facilities proposed for the open space area are in substantial compliance with the provisions of the open space element of the general plan and are approved by the City Council.

(6)

Where a fee is to be paid in lieu of land dedication, the amount of the fee shall be as established by resolution of the City Council.

(Ord. No. 2022-01, § 20, 5-3-2022)

The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both, shall be as follows:

(1)

Preference of subdivider. At the time of filing of a tentative tract map for approval, the owner of the property shall as a part of the filing indicate the preference to either dedicate property or to pay a fee in lieu. If the subdivider prefers to dedicate land for this purpose, this area shall be designated on the tentative tract map submitted.

(2)

Determination of the Council. At the time of the tentative tract approval, the City Council shall determine as a part of the approval whether to require a dedication of land, a payment of a fee in lieu, or a combination of both. The determination of the City Council shall be final and conclusive. This shall be determined through consideration of the following:

a.

Open space element of the City's general plan.

b.

Topography, geology, access, and location of land in the subdivision that is available for dedication.

c.

Size and shape of the land in the subdivision that is available for dedication.

d.

On subdivisions involving 50 lots or less, only the payment of fees shall be required unless the subdivider prefers to dedicate land and the City Council concurs.

(Ord. No. 2022-01, § 20, 5-3-2022)

(a)

When land dedication is required it shall be accomplished in accordance with the provisions of the Subdivision Map Act.

(b)

When fees are required in lieu, they shall be deposited with the City prior to the approval of the final map.

(Ord. No. 2022-01, § 20, 5-3-2022)

The land and fees received under this article shall be used only for the purpose of providing park and recreation facilities to serve the subdivision for which received. The location of the land and amount of the fees shall bear a reasonable relationship to the use of the park and recreation facilities by the future residents of the subdivision.

(Ord. No. 2022-01, § 20, 5-3-2022)

For the purpose of this division, the following definitions shall apply:

Total floor area means the total floor area of a unit, inclusive of all habitable areas and non-habitable areas of the structure, including but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms, and any other accessory spaces.

Unit means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code § 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code § 65852.2, or a junior accessory dwelling unit as defined in Government Code § 65852.22.

(Ord. No. 2022-01, § 20, 5-3-2022)

(a)

Permits. All urban lot splits require an urban lot split permit. The applicant shall also obtain a tentative parcel map, a final parcel map, and building permit(s), in addition to any and all other permits required by this Code. The application for an urban lot split shall be submitted in conjunction with building permits for single family residential duplex development on the resulting parcels. Development on the resulting parcels is limited to the residential development approved in the concurrently submitted building permit applications.

(b)

Zoning district. The lot to be split is in a single family residential zoning district. For purposes of this section, the term "single family residential zoning district" shall mean the R-1 (single-family residential 1.0 to 8.7 dwelling units per net acre) zoning district and shall not include any other zoning district.

(c)

Map preparer. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code §§ 66444—66450 and this chapter, and submitted for approval to the City Engineer. The City Engineer is the approval authority for parcel maps under this chapter.

(d)

The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law:

(1)

A map of appropriate size and to scale showing all of the following:

a.

Total area (in acreage and square feet) of each proposed lot.

b.

Location and dimensions of existing and proposed property lines;

c.

Zoning district;

d.

The location and use of all existing and proposed structures;

e.

All required zoning setbacks for the existing and proposed lots;

f.

The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;

g.

The location of all proposed new water, sewer, storm drain, lines, pipes, or systems;

h.

The location of any proposed easements for access or public utilities to serve a lot created by the subdivision;

i.

Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel;

j.

Curb, gutter, sidewalk, and parkway: type, location, and dimensions;

k.

Location of existing or proposed driveway dimensions, materials, and slope (including cross slope);

l.

Location of existing or proposed pedestrian pathway access to the public right-of-way; and

(e)

An affidavit of the owner, signed under penalty of perjury under the laws of California, that:

(1)

The proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing:

a.

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.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

c.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code § 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

d.

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

(2)

The parcel has not been subject to prior exercise of an urban lot split under this chapter;

(3)

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter.

(4)

The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the approval of the urban lot split. However, this requirement shall not apply to an applicant that is a "community land trust," as defined in Revenue and Taxation Code § 402.1(a)(11)(C)(ii), or is a "qualified nonprofit corporation" as described in Revenue and Taxation Code § 214.15.

(5)

Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant.

(6)

The uses allowed on a lot created by the parcel map shall be limited to residential uses.

(f)

Application review.

(1)

An application for an urban lot split permit shall be made on forms provided by the City's Community Services Department Engineering Division and be submitted with any applicable fees. The application shall include all information needed to determine compliance with this Code, including but not limited to a parcel map for an urban lot split prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code §§ 66444—66450 and this chapter.

(2)

The City Engineer or his/her designee will review and approve complete applications for urban lot split permits for compliance with the requirements of this chapter, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. The urban lot split permit application shall be considered ministerially without any discretionary review or a public hearing. The City Engineer or his/her designee shall approve a parcel map for an urban lot split if the engineer or designee determines that it meets all of the requirements of this chapter.

(3)

The City Engineer or his/her designee may deny an urban lot split permit application if it fails to comply with the requirements of this chapter, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. In addition to the foregoing, the City Engineer or his/her designee may deny a urban lot split permit application if he/she makes a written finding, based upon a preponderance of the evidence, that the proposed urban lot split would have a specific, adverse impact, as defined and determined in Government Code § 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. Notwithstanding the foregoing, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

(4)

Except as otherwise provided in this chapter, urban lot splits shall be subject to any applicable fees adopted pursuant to Government Code § 66000 et seq. and Government Code § 66012 et seq.

(Ord. No. 2022-01, § 20, 5-3-2022)

(a)

The content and form of a parcel map shall meet all the requirements of Government Code §§ 66444—66450.

(b)

The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision.

(c)

The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel.

(d)

The parcel map shall contain a declaration that:

(1)

Each lot created by the parcel map shall be used solely for residential dwellings;

(2)

That no more than two residential dwelling units may be permitted on each lot. As used in this subsection residential dwelling unit includes a unit created pursuant to Government Code § 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code § 65852.2, or a junior accessory dwelling unit as defined in Government Code § 65852.22.

(Ord. No. 2022-01, § 20, 5-3-2022)

The development standards set forth below shall apply to all urban lot split. For any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State law.

(1)

Location and zoning requirements. Urban lot split shall only be allowed in single family residential zoning district, in accordance with the permit and development standards described in this section, subject to the exceptions set forth below.

a.

Farmland. Pursuant to Government Code §§ 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be allowed upon 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.

b.

Wetlands. Pursuant to Government Code §§ 66411.7(a)(2)(c) and 65913.4(a)(6), urban lot splits shall not be allowed upon lands that are considered wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

c.

Fire zones. Pursuant to Government Code §§ 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be allowed upon lands located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code § 51178, 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 Public Resources Code § 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by the City, pursuant to Government Code § 51179(b), or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

d.

Hazardous waste site. Pursuant to Government Code §§ 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be located upon a hazardous waste site that is listed pursuant to Government Code § 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code § 25356, 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.

e.

Earthquake zone. Pursuant to Government Code §§ 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be located lands 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 (Health and Safety Code § 18901 et seq.), and by any local building department under [Government Code § 8875 et seq].

f.

Flood plain areas. Pursuant to Government Code §§ 66411.7(a)(2)(c) and 65913.4(a)(6), urban lot splits shall not be located 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. Notwithstanding the foregoing, a single family residential duplex 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 local jurisdiction; or

2.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain 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, and complies with the City's regulations related to its City's Floodplain Management.

g.

Regulatory floodways. Pursuant to Government Code §§ 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be located 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 applicant has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations, and complies with the City's regulations related to its City's Floodplain Management.

h.

Conservation lands. Pursuant to Government Code §§ 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be located upon lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Fish and Game Code § 2800 et seq.), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), other adopted natural resource protection plan, or that is otherwise subject to a conservation easement.

i.

Protected habitat. Pursuant to Government Code §§ 66411.7(a)(2)(C) and 65913.4(a)(6), urban lot splits shall not be located upon 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. § 1531 et seq.), the California Endangered Species Act (Fish and Game Code § 2050 et seq.), or the Native Plant Protection Act (Fish and Game Code § 1900 et seq.).

j.

Existing non-conforming structure or use. The City shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.

k.

Historic district or property. No urban lot split shall be located within a historic district or upon property included on the State Historic Resources Inventory, as defined in Public Resources Code § 5020.1, 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.

(2)

Restrictions related to existing affordable housing and rentals. Except as provided herein, an urban lot split shall not require demolition or any alteration of any of the following types of housing:

a.

Existing housing upon the lot which the urban lot split is proposed 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.

b.

Existing housing upon the lot which the urban lot split is proposed that is subject to any form of rent or price control through the City's valid exercise of its police power.

c.

Existing housing upon the lot which the urban lot split is proposed that has been occupied by a tenant in the last three years.

d.

An urban lot split shall not be located upon a parcel on which an owner of residential real property has exercised the owner's rights under Government Code § 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the applicant submits an application.

(3)

No more than two units per urban lot split parcel. No more than two units (whether primary, accessory, or single family residential duplex) shall be allowed per parcel. In no event shall an urban lot split permit application be used to construct more than two dwelling units per created parcel.

(4)

Sale, rental, and occupancy of units. The dwelling units constructed upon parcel(s) subject to or created by an urban lot split shall not be rented for less than 30 days. In addition, the applicant shall occupy as his/her primary residence one of the units on a lot created by the urban lot split for a period of three years from the date of approval of the urban lot split.

(5)

Deed restriction. A deed restriction prepared by the City shall be recorded on the subject propert(ies) prior to issuance of the urban lot split permit stating that any:

a.

Dwelling constructed upon property subject to the urban lot split shall not be rented for less than 30 days;

b.

The applicant shall occupy one of the dwelling units constructed upon a parcel created by an urban lot split for a period of three years from the date of approval of the urban lot split as his or her primary residence;

c.

The parcel was created by an urban lot split pursuant to SB 9 and is not subject to further subdivision;

d.

The unit(s) upon the lots subject to an urban lot split, and not occupied by the owner of the parcel, shall be occupied by very-low to low-income households for a period of 60 years from the date, following the recordation of the deed restriction, when such unit on an urban lot split parcel is first occupied;

e.

No more than two units shall be permitted on lots created through the urban lot split; and

f.

The deed restriction runs with the land and each provision therein may be enforced against future owners of the property.

(6)

Parcel size. The parcel map submitted as part of an urban lot split application shall subdivide an existing parcel to create no more than two new parcels of approximately equal lot area provided the following:

a.

The lot to be split shall be at least 2,400 square feet.

b.

Each lot created by an urban lot split shall be at least 1,200 square feet.

c.

Each lot created by an urban lot split shall be between 60 percent and 40 percent of the original lot area and under no scenario can one parcel be smaller than 40 percent of the lot area of the original parcel.

(7)

Lot lines. The location and orientation of new lot lines shall meet the following standards:

a.

Front lot lines shall conform to the minimum lot width requirements of the zoning code. A flag lot, or a lot with a narrow projecting strip of land extending along a street, is not permitted.

b.

Each parcel shall have approximately equal lot width and/or lot depth, consistent with the minimum lot sizes described in this chapter. Lot depth and lot width shall be measured in accordance with the current applicable zoning standards.

c.

New lot lines must be straight lines, unless there is a conflict with existing public improvements or the natural environment in which case the line may be not be straight but shall follow the appropriate course.

d.

Lot lines shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater.

e.

Interior lot lines shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets.

f.

Lot lines shall be contiguous with existing zoning boundaries.

g.

The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in this chapter.

h.

Lot lines shall not render an existing structure as nonconforming in any respect (e.g. setbacks, lot coverage, parking), nor increase the nonconformity of an existing nonconforming structure.

(8)

No prior urban lot splits for parcel or applicant. In order to be eligible for an urban lot split application, the parcel that is the subject of the application shall not have been established through prior exercise of an urban lot split as provided for in Government Code § 66411.7, which this section implements. In addition to the foregoing, 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 section.

(9)

Required setbacks.

a.

All units constructed upon parcel(s) subject to or created by an urban lot split shall strictly comply with at least a four-foot side setback and at least a four-foot rear yard setback. All dwelling units constructed upon parcel(s) subject to or created by an urban lot split must also strictly comply with the front yard setback requirement of the underlying zoning district in which it is located. No portion of a dwelling constructed upon property that is subject to an urban lot split, including but not limited to HVAC equipment, pool equipment, and patio covers, shall project into the required rear, side, or front yard setback.

b.

No setback requirement shall be required for a legally existing structure or a structure constructed in the same location and to the same dimensions as an existing structure located upon a parcel subject to or created by an urban lot split. However, the existing structure must comply with all of the other requirements of this section, including the size, height, building separation, parking and permitting requirements set forth herein.

(10)

Maximum height/stories. All units constructed upon parcel(s) subject to or created by an urban lot split shall be subject to a height limitation of 16 feet, and shall be limited to one story.

(11)

Building separation requirements. All units constructed upon parcel(s) subject to or created by an urban lot split shall comply with the City's ten-foot building separation requirement as set forth in section 44-79 of this Code.

(12)

Unit size requirements. For all units constructed upon parcel(s) subject to or created by an urban lot split, the total floor area shall not exceed 800 square feet and one bedroom.

(13)

Additional requirements.

a.

All units constructed upon parcel(s) subject to or created by an urban lot split shall be constructed upon a permanent foundation.

b.

The proposed urban lot split shall conform to all applicable objective requirements of article VI, subdivision, of chapter 44 of this Code and the Subdivision Map Act (Government Code § 66410 et seq.), except as otherwise expressly provided in this section. In addition, notwithstanding Government Code § 66411.1, 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 for an urban lot split.

c.

All units constructed upon parcel(s) subject to or created by an urban lot split shall include sufficient permanent provisions for living, sleeping, eating, cooking, and sanitation, including but not limited to washer dryer hookups and kitchen facilities.

d.

All units constructed upon parcel(s) subject to or created by an urban lot split must have separate utility connections and separate utility meters.

e.

All units constructed upon parcel(s) subject to or created by an urban lot split unit shall be connected to the public water and sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.

f.

The City may require that a parcel map submitted in connection with a proposed urban lot split permit contain easement(s) for the provision of public services and utilities.

g.

Each of the parcels created as part of an urban lot split shall have access to, provide access to, or adjoin a public right-of-way.

h.

Each lot created through an urban lot split shall have its own driveway and curb cut.

i.

A building permit for development on an urban lot split cannot be issued until the parcel map records.

j.

Notwithstanding any provision of Government Code §§ 65852.2, 65852.21, 65852.22, 65915, or 66411.7, no more than two dwelling units can occupy a parcel created through an urban lot split. In addition, parcels containing both a single family residential duplex as that term is defined in section 44-10 of this Code and subject to or created by an urban lot split as that term is defined in this section shall be ineligible for an accessory dwelling unit or junior accessory dwelling unit permit under section 44-111 of this Code. Operation of an accessory dwelling unit or junior accessory dwelling unit in violation of this section shall be a violation of this chapter and grounds for revocation of the urban lot split permit.

k.

All units constructed upon parcel(s) subject to or created by an urban lot split must meet the requirements of all uniform codes, including but not limited to the California Building Code and the California Fire Code, as such codes have been adopted and amended by chapter 10, article III, technical codes, of this Code.

l.

No decks, exterior stairways, or balconies shall be constructed above or upon any dwelling units constructed upon parcel(s) subject to or created by an urban lot split.

m.

Lots created as a result of an urban lot split shall be provided with six feet high decorative masonry block walls (reduced to 4.5 feet within front setback) at the following locations: interior side and rear lot lines of each lot and street side property lines and along the rear property line of through lots, setback a minimum four feet behind the sidewalk.

n.

Lots created as a result of an urban lot split shall be fully landscaped and consistent with the State Model Water Efficient Landscape Ordinance (MWELO) requirements.

o.

ln the event that the property upon which the urban lot split is proposed is located within a homeowners association (HOA), the applicant shall submit to the City written evidence of the HOA's approval of the urban lot split concurrent with their urban lot split permit application. Failure to submit such written evidence shall be grounds for denial of the urban lot split permit application.

p.

Units constructed upon lots created by an urban lot split which are not inhabited as the primary residence of the owner of said parcel shall only be occupied by very-low to low-income households for a period of 60 years. A deed restriction shall be recorded prior to issuance of certificate of occupancy stating that, the units not occupied as the primary residence of the owner of the parcel shall be occupied by very-low to low-income households for 60 years from the date, following the recordation of the deed restriction, when such unit on an urban lot split parcel is first occupied. An annual report shall be submitted to the City Finance Department or designee to verify compliance with the income restriction requirements.

q.

Each unit which is attached to or detached from an existing or proposed dwelling shall have the same design, materials, finishes, dominant roof pitch, and colors as the attached dwelling and shall be in accordance with code standards and design guidelines for the zoning district in which the lot sits. If there is a legal primary dwelling on the lot when a urban lot split permit application is approved, any new unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. If there is no legal primary dwelling on the lot before the urban lot split is approved, any constructed units shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The "dominant roof" pitch means the slope shared by the largest portion of the roof.

r.

No window or door of a unit on an urban lot split parcel may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

(14)

Notice of construction. At least 30 business days prior to the starting of any construction of a structure on a lot created by an urban lot split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:

a.

Notice that construction has been authorized.

b.

The anticipated start and end dates for construction.

c.

Contact information for the project manager (for construction related complaints.)

(15)

Parking requirements. Except as provided below, all dwelling units constructed upon parcel(s) subject to or created by an urban lot split shall meet the applicable parking standards found in sections 44-79 and 44-364 of this Code. At least one off-street parking space within a fully enclosed garage having a minimum interior clear area measuring ten feet in width and 20 feet in length, non-tandem parking space, shall be provided per unit on a urban lot split parcel. Such off-street parking shall be provided on the same lot as the unit. However, this requirement shall not apply if lot is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop, or the lot is located within one block of a car share vehicle.

(16)

Access standards. Each lot shall front upon or have access to a public street, or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards:

a.

Vehicle access easements serving a maximum of two units shall meet the following standards:

1.

Easement width shall be a minimum of ten feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the applicable driveway and parking standards in the City's residential parking standards in section 44-363.

2.

The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided.

3.

No residential structure shall be closer than three feet to the easement.

b.

Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards:

1.

Easement width shall be a minimum of five feet;

2.

Pedestrian access easements shall not exceed 200 feet in length.

c.

Vehicle access easements shall not be located closer than 25 feet to an intersection.

d.

Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement.

e.

Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the California Fire Code, the City's Public Works Standards, and the parking standards in this Code.

(17)

Associated permits. If an application for a urban lot split triggers the requirement for a discretionary or ministerial permit other than a urban lot split and/or a building permit (including but not limited to a precise plan permit, conditional use permit and/or variance), those associated permits must be applied for and obtained prior to application for an urban lot split permit. The process for obtaining the associated permit(s) shall be as set forth in chapter 44 of this Code.

(18)

Prohibition of further subdivision. A lot created by a parcel map under this chapter shall not be further subdivided.

(19)

Standards precluding development. If an applicant submits plans showing that any of the objective standards which otherwise apply to urban lot split applications would have the effect of physically precluding the construction of up to two units or would physically preclude either of the two units from being at least 800 square feet in floor area, the City Engineer or his/her designee shall ministerially permit the minimum deviation of the objective standards shown to physically preclude the construction of up to two units or physically preclude either of the two units from being at least 800 square feet in floor area necessary to physically allow the urban lot split project. In no event shall the minimum rear and side setback requirements contained in this chapter be waived or modified pursuant to this subsection.

(Ord. No. 2022-01, § 20, 5-3-2022)

(a)

Criminal fines and penalties. Any person responsible for violating any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the City Attorney.

(b)

Administrative fines and penalties. Whenever an officer charged with the enforcement of any provision of this Code determines that a violation of this chapter has occurred, the officer shall have the authority to issue an administrative citation to any person responsible for the violation in accordance with chapter 2 of this Code.

(c)

Public nuisance and lien on property. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure § 731 or any other remedy available at law. In accordance with chapter 26 of this Code, the City may also collect any fee, cost, or charge incurred in the abatement of such nuisance by making the amount of any unpaid fee, cost or charge a lien against the property that is the subject of the enforcement activity.

(d)

Civil action. In addition to any other enforcement permitted by the City's zoning and/or municipal codes, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(e)

Urban lot split permit revocation. Any violation of this chapter may result in revocation of an urban lot split permit.

Use of any one or more of these remedies shall be at the sole discretion of the City and nothing in this section shall prevent the City from initiating civil, criminal or other legal or equitable proceedings as an alternative to any of the proceedings set forth above.

(Ord. No. 2022-01, § 20, 5-3-2022)