The purpose of this Article is to regulate Urban Lot Splits, and Two-Unit Residential Developments, and Three-Unit Residential Conversions, and Affordable Multi-Family Dwellings in compliance with California Government Code Sections 65583.2(h) and (i), 66452.6, 65852.21, and 66411.7 and to implement the Housing Element of the City's General Plan, to allow for ministerial approval of certain parcel maps creating two lots, of projects including up to two detached or attached housing units on one parcel or up to three units in an existing home, and of multifamily housing projects with at least twenty percent of the units dedicated to serving lower income households, along with ancillary uses and structures. Notwithstanding any other provisions of this Chapter, eligible applications under this Article shall be considered ministerially by staff, without design review or other discretionary review or a hearing.

(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-3-2024)

Terms used in this Article have the meanings set forth below:

(1)

A person "acting in concert with the owner," means a person that has 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. As used here, "Common ownership or control" means that property is owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

(2)

"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.

(3)

"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.

(4)

"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 4100(including a residential condominium, planned development, stock cooperative, or community apartment project), or any other ownership type in which the dwelling units may be sold individually.

(5)

"Single-Family Residential Zoning District" means the R-1, HR, and R-OS zoning districts as defined in Chapter 15 of the City Code, as well as any area covered by the P-C (Planned Combined District) for which single-family residences are the only dwelling units allowed, and which does not allow two-family residences or multifamily residences.

(6)

"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 Article.

(7)

"Two-Unit Residential Development" means a development that proposes no more than two new dwelling units or proposes to add one new dwelling unit to one existing dwelling unit that meets all the criteria and standards set forth in this Article.

(8)

"Three-Unit Residential Conversion" means a development that proposes to add up to two new dwelling units to an existing structure that includes one or two existing dwelling units and meets all the criteria and standards set forth in this Article. A Three-Unit Residential Conversion shall not result in more than three total dwelling units within the structure. No new, freestanding structure may be constructed as part of a Three-Unit Residential Conversion.

(9)

"Affordable Multi-Family Dwelling" means a multi-family dwelling, as defined in 15-06.240(c), including any building that meets the criteria of Section 15-21.020(c), in which at least twenty percent of the dwelling units are affordable to households of lower or very low incomes as defined in Government Code section 65584.

(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-3-2024)

(a)

A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split may be located on parcels within all Single-Family Residential Zoning Districts with the following exceptions:

(1)

Any parcel where the Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split would require demolition or alteration of any of the following housing types:

(i)

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.

(ii)

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

(iii)

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

(iv)

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

(2)

A parcel located within a historic district or including a property included on the State's Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city or county landmark or historic property or districts pursuant to a city or county ordinance.

(3)

A parcel of one or more of the types specified in subparagraphs (B) to (K), inclusive, of Government Code Section 65913.4(a)(6). Without limiting the foregoing, the most applicable of those specifications to the City of Saratoga are the following:

(i)

A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split may not be located on any parcel within a very high fire hazard severity zone, as determined the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on the maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. As to Two-Unit Residential Developments and Urban Lot Splits, this subsection does not apply to parcels that have been excluded from specific hazard zones by actions of the City pursuant to Government Code Section 51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

(ii)

A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split may not be located on any parcel located within a delineated earthquake fault zone as determined by the State Geologist in any official map 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 the City of Saratoga Building Department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

(4)

For a Three-Unit Residential Conversion, any parcel located outside the R-1-20 and R-1-40 zoning districts.

(5)

For a Three-Unit Residential Conversion, any parcel that lacks adequate water and sewer service to serve the additional units.

(b)

An Affordable Multi-Family Dwelling may be located anywhere a multi-family dwelling is permitted.

(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-3-2024; Ord. No. 406, § 1(Att. 1, § 9), 3-5-2025)

Development pursuant to this Article shall comply with the following development standards and all applicable objective standards of the City Code including without limitation Article 15-59, Single-Family Dwelling Design Standards, except as otherwise expressly provided for in this section or in Article 15-56, Accessory Dwelling Units. A project proposed as part of a Two-Unit Residential Development, Three-Unit Residential Conversion, or an Urban Lot Split, which does not meet the requirements of this Article may seek discretionary approval pursuant to the applicable provisions of the City Code.

(a)

Size of units. Dwelling units shall count toward the total maximum allowable floor area set by applicable zoning regulations.

(1)

The maximum allowable floor area, as defined in City Code section 15-06.280, for the two lots created by an Urban Lot Split shall be the allowable floor area for the original lot prior to the Urban Lot Split. Each lot shall have a maximum allowable floor area that is the larger of (i) the result of multiplying the allowable floor area for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area of the original lot or (ii) eight hundred square feet per dwelling unit, whichever is greater. Where an existing structure uses more than the floor area that would be allocated to its lot under method (i), the other lot shall have an allowable floor area equal to the greater of (A) the difference between the maximum for the two lots and the actual floor area already used, or (B) eight hundred square feet per dwelling unit. When a lot is limited to eight hundred square feet per dwelling unit pursuant to this section, no dwelling unit shall be greater than eight hundred square feet of floor area.

(2)

The maximum allowable site coverage, as defined in Saratoga Municipal Code section 15-06.620(f), for each lot created by an Urban Lot Split shall be the larger of (i) the result of multiplying the allowable site coverage for the original lot prior to the Urban Lot Split by the ratio of the area of the newly-created lot to the area of the original lot or (ii) the area required to construct two dwelling units of eight hundred square feet floor area each.

(3)

If application of the development standards of the City Code or this Article to a Two-Unit Residential Development or Three-Unit Residential Conversion would preclude construction of dwellings with a combined floor area equal to the floor area allowed for a dwelling by the underlying zoning district by City Code section 15-12.085, then the development may exceed the maximum site coverage allowed for the underlying zoning district in City Code section 15-12.080 and 15-13.080. Such exceedance shall be limited to the minimum site coverage required to construct dwellings with the allowed floor area. For purposes of this paragraph the "site" for the purpose of calculating site coverage shall be the lot on which the Two-Unit Residential Development is to be constructed or as depicted in a site plan, including one of the lots resulting from an Urban Lot Split.

(b)

Accessory Dwelling Units. For purposes of City Code Section 15-56.020, a Two-Unit Residential Development or a Three-Unit Residential Conversion shall be considered "an existing or concurrently approved single-family dwelling unit."

(c)

Maximum Height. No dwelling unit constructed pursuant to this Article as part of a Two-Unit Residential Development or on a lot created by an Urban Lot Split shall exceed two stories and a height of twenty-six feet, except as otherwise expressly provided for in this section. No dwelling unit constructed pursuant to this Article as part of a Three-Unit Residential Conversion shall exceed the height of the original structure subject to the conversion.

(d)

Setbacks. No dwelling unit constructed pursuant to this Article as part of a Two-Unit Residential Development or on a lot created by an Urban Lot Split shall have an interior side or rear setback of less than four feet. Notwithstanding, no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. A Three-Unit Residential Conversion shall be subject to the setback requirements of the underlying zoning district. Attached covered patios constructed as part of a Two-Unit Residential Unit shall comply with the applicable setback requirements of the underlying zoning district.

(e)

Accessory Uses and Structures. All accessory uses and structures shall comply with the development regulations contained in Chapter 15 of the City Code.

(f)

Heating, ventilation and air conditioning (HVAC) mechanical equipment and generators. HVAC mechanical equipment and generators shall comply with the development regulations contained in 15-80.030(l).

(g)

Off-Street Parking. One off-street parking space within an enclosed garage shall be required per unit in Two-Unit Residential Developments, Urban Lots Splits, or Three-Unit Conversion, with the exception that for Two-Unit Residential Developments and Urban Lots Splits, no off-street parking shall be required if any of the following apply:

(1)

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

(2)

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

(h)

Rental. No dwelling unit constructed as a part of Two-Unit Residential Development, Three-Unit Residential Conversion or Urban Lot Split shall be rented for a period of less than thirty days.

(i)

Septic System. For any Two-Unit Residential Development or Three-Unit Residential Conversion that will be connected to an onsite septic system, the applicant must provide a percolation test showing compliance with applicable public health and safety standards and completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

(j)

Adjacent or Connected Units. Proposed adjacent or connected dwelling units shall meet all applicable building code standards and be designed sufficient to allow separate conveyance. An Urban Lot Split may separate an existing accessory unit from its primary unit only if each unit meets all building code and other applicable requirements.

(k)

Dedications. As to an Urban Lot Split, no provision of the City Code shall apply that requires dedication of right-of-way or the construction of offsite improvements for the lots being created, although easements may be required for the provision of public services and facilities to the resulting lots.

(l)

Adverse Impacts. An application under this Article may be denied if the Chief Building Official makes a written finding, based upon a preponderance of evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 402, § 1(Att. 1), 7-3-2024; Ord. No. 406, § 1(Att. 1, § 9), 3-5-2025)

A parcel map for an Urban Lot Split shall be allowed subject to ministerial review if the parcel map for the lot split meets all of the requirements in this section.

(a)

Parcel Map. A parcel map for an Urban Lot Split shall be allowed with ministerial approval if the parcel map for the lot split meets all of the following requirements:

(1)

The parcel is located within a Single-Family Residential Zoning District.

(2)

The parcel map subdivides an existing parcel to create no more than two new parcels 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.

(3)

Both newly created lots are no smaller than one thousand two hundred square feet.

(4)

Each lot resulting from the Urban Lot Split adjoins the public right-of-way via a twenty foot street frontage or have access to the public right-of-way via a recorded twenty foot wide access easement benefiting the lot; if necessary to allow one lot resulting from an Urban Lot Split to meet this requirement, the other lot shall provide such an access agreement.

(5)

Urban Lot Splits dividing a parcel with an existing street frontage of less than eighty feet provides only a single driveway curb cut providing access to both lots created by an Urban Lot Split, via a twenty foot wide access easement as needed.

(6)

The Urban Lot Split does not result in a new lot with a width that is less than fifty percent of the width of the original parcel. For purposes of this Article "width" means "site width" as defined in City Code Section 15-06.620(d).

(7)

The parcel has not been established through prior exercise of an Urban Lot Split as provided for in this Article and Government Code section 66411.7.

(8)

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 or county landmark or historic property or districts pursuant to a city or county ordinance.

(9)

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.

(10)

The Urban Lot Split conforms to all applicable objective requirements of the Subdivision Map Act [Division 2 (commencing with Government Code Section 66410)] and the City Code, except as otherwise expressly provided for in this section.

(11)

The landowner provides all easements required for the provision of public services and facilities to the resulting lots.

(b)

Number of Units. Section 15-57.040(b) notwithstanding, no more than four dwelling units shall be allowed on any parcel created by the use of an Urban Lot Split or any parcel that is the site of a Three-Unit Residential Conversion. For purposes of this provision, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Government Code Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 66313, or a junior accessory dwelling unit as defined in Government Code Section 66313.

(c)

Development Standards. Residential uses are the only allowed uses of a lot created by an Urban Lot Split. Development standards for residential development on each new lot resulting from an Urban Lot Split shall conform to section 15-57.040 of this Article. Development standards shall be applied to each new building individually. If application of the development standards of the City Code, including this Article, to an Urban Lot Split would have the effect of physically precluding the construction of two units on either of the resulting lots or that would result in a unit size of less than eight hundred square feet, the lots shall conform as closely as possible to those standards while allowing the construction of two dwelling units of eight hundred square feet floor area on each lot. Sections 15-57.050(a)(2) and (3) are not subject to this exception.

(d)

Accessory Dwelling Units. Notwithstanding Government Code Section 66316 through 66339, inclusive, Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be permitted on any lot resulting from an Urban Lot Split on which a Two-Unit Residential Development has been approved under this Article.

(e)

Nonconforming Zoning Conditions. Correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a parcel map application for the creation of an Urban Lot Split.

(f)

Residency Requirement. An applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the housing units on the resulting lots as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. In the event that the applicant cannot sign such affidavit because the land to be subject to the Urban Lot Split is vacant or they occupy a unit on the land but intend to demolish that unit within three years, the applicant will qualify for ministerial approval as set out in this article by signing an alternative affidavit. The alternative affidavit shall state the reason for using this alternative affidavit and that the applicant (i) intends to initiate approval of at least one housing unit on the property within three years from the date of approval of the Urban Lot Split and (ii) intends to occupy one of the units so constructed as their principal residence for a minimum of three years from the issuance of the last Certificate of Occupancy for the residence to be occupied and any dwelling units for which the applicant simultaneously applies. No affidavit requirement shall apply to an applicant that is a "community land trust," as defined in Revenue and Taxation Code Section 402.1(a)(11)(C)(ii), or is a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15.

(Ord. No. 391, § 1(Att. A), 7-20-2022; Ord. No. 399, § 1(Att. 1), 4-3-2024; Ord. No. 405, § 1(Att. 1.6), 10-15-2024; Ord. No. 406, § 1(Att. 1, § 9), 3-5-2025)

Editor's note— Ord. No. 406, § 1(Att. 1, § 9), adopted March 5, 2025, repealed § 15-57.060, which pertained to tree protection and derived from Ord. No. 391, § 1(Att. A), July 20, 2022; Ord. No. 399, § 1(Att. 1), April 3, 2024; Ord. No. 402, § 1(Att. 1), July 3, 2024.