Sonoma City Zoning Code

Division VI

Subdivisions

19.72 Parcel Maps for Urban Lot Splits

A. The intent of this chapter is to establish objective standards and regulations to govern the development of qualified Senate Bill 9 development projects on residential zoned properties within the city of Sonoma. The regulations are established to implement the requirements under California Government Code Section 66411.7. In the event of an inconsistency between this chapter and Government Code Section66411.7, Government Code Section 66411.7 shall prevail.

1. Land Use. Parcels created by an urban lot split shall only be developed with and used for residential development pursuant to the standards and requirements of Chapter 19.40 SMC and all applicable provisions of this code.

19.72.010 Purpose and applicability.

2. Zoning. Urban lot splits shall only be permitted for parcels located in the following zoning districts: R-R (Residential – Rural) district, R-L (Residential – Low Density) district, R-S (Residential – Sonoma) district, and R-HS (Residential – Hillside) district.

3. Density. Urban lot splits are not subject to the density requirements of the Sonoma General Plan or this code. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.020 Definitions.

“Acting in concert with the owner” shall mean a person or entity 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.

“Adjacent parcel” shall mean 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.

“Common ownership or control” shall mean property 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 10 percent or more of the interest in the property.

“Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

“Parcel map” shall have the same meaning as defined in Chapter 16.13 SMC.

“Two-unit residential development or project” shall have the same meaning as this term is defined in Chapter 19.41 SMC.

“Urban lot split” shall be defined as a subdivision involving the division of an existing parcel in a single-family residential zone into no more than two parcels that meets all the criteria and standards set forth in this chapter. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021. Formerly 19.72.010).

19.72.030 Parcel map and application requirements.

A. Parcel Map Required. An urban lot split shall require the submittal of an application for a parcel map prepared in accordance with the provisions of the Subdivision Map Act (Government Code Section 66410, et seq.) and Chapter 16.05 SMC.

B. Repealed by Ord. 01-2025.

C. Completeness Review. The city engineer or designee shall determine whether the parcel map application for an urban lot split is complete pursuant to the requirements of Government Code Section 65943. If the urban lot split map is denied, the reasons therefor shall be stated in the notice of denial.

D. Repealed by Ord. 01-2025.

E. Ministerial Action. The city engineer or designee shall render a ministerial decision without a public hearing on a parcel map application for an urban lot split within 60 days of such application being deemed complete. The city engineer shall approve a parcel map for an urban lot split if the engineer determines that it meets all of the objective standards applicable to the urban lot split of this chapter and SMC Title 16, Subdivisions. Notwithstanding anything to the contrary set forth in this code, the city engineer’s or designee’s action to grant or deny a parcel map application for an urban lot split is final and not subject to appeal.

F. Building Permit Issuance. A building permit for development on an urban lot split shall not be issued until after the urban lot split parcel map is recorded with the county recorder’s office.

G. Denial. The director, or designee, shall not approve an urban lot split map under any of the following circumstances:

1. The land proposed for division is a lot or parcel which was part of an urban lot split that the city previously approved.

2. The subdivision proposes creation of more than two lots, or more than four units total among the two lots as described in subsection (C) of Chapter 19.41 SMC, Two-Unit Residential Development, described above.

3. The urban lot split does not meet the requirements of SMC Title 16, Subdivisions.

4. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

5. The urban lot split does not comply with applicable, objective requirements imposed by the Subdivision Map Act, SMC Title 16, Subdivisions, and this chapter. Any decision to disapprove an urban lot split map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act, SMC Title 16, Subdivisions, and this chapter.

H. Preparation and Fee. 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 Sections 66444 through 66450 and this chapter and submitted for approval to the city engineer.

I. Time Limit and Extension. A parcel map approved pursuant to this chapter that is not recorded within 24 months of the date of approval shall expire and become void, except where an extension of time is requested by the subdivider. A maximum extension of 12 months may be approved by the planning director or designee. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021. Formerly 19.72.020).

19.72.040 Parcel eligibility.

An urban lot split shall be allowed on parcels located in the single-family residential zones listed under SMC 19.72.010(B)(2), except where:

A. The parcel is specifically prohibited as identified in SMC 19.41.120, Prohibitions.

B. The subject parcel was established through prior exercise of an urban lot split pursuant to Government Code Section 66411.7.

C. The owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in Government Code Section66411.7. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021. Formerly 19.72.030).

19.72.050 Development standards.

A parcel map for an urban lot split shall be subject to all objective development standards stipulated in this chapter, SMC Title 16, Subdivisions, and the Subdivision Map Act (commencing with Government Code Section 66410), 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. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.060 Maximum number of dwelling units permitted.

When located on a site subject to an approved or proposed urban lot split, a maximum of two primary units meeting the requirements of this chapter are permitted per parcel resulting from the urban lot split, for a total of two primary units on each of the two resulting parcels.

A. Should a resulting parcel include only one primary development unit, either one accessory dwelling unit or junior accessory dwelling unit meeting the requirements of Chapter 19.45 SMC is permitted.

B. New accessory dwelling units and new junior accessory dwelling units shall not be permitted in addition to the two primary residential units on each lot. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.070 Owner occupancy required.

The owner of a parcel being subdivided pursuant to Government Code Section 66411.7 shall sign an affidavit stating his/her/its intent to occupy one of the housing units existing or constructed as part of the two-unit residential development as his/her/its principal residence for a minimum of three years from the date of approval of the parcel map for the urban lot split, the form and content of which is satisfactory to the city attorney. This subsection shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subsection (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.080 Minimum rental period.

Repealed by Ord. 01-2025. (Ord. 13-2021 § 2, 2021).

19.72.090 Nonconforming zoning conditions.

Notwithstanding any contrary provisions of this code, the approval of an urban lot split parcel map shall not be contingent on the correction of any existing nonconforming zoning condition. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.100 Separate sale or conveyance.

The dwelling units on parcels created through an urban lot split can be separately sold or conveyed. Accordingly, the dwelling units proposed on such parcels shall be designed to allow separate conveyance. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.110 Building code.

All local and state building code provisions applicable to dwelling units shall apply to two-unit residential developments. A two-unit residential development shall meet all building code provisions necessary to accommodate separate conveyance of the subject dwelling units, including but not limited to providing a separate gas, electric, sewer, and water utility connection directly between each dwelling unit and the utility. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.120 Additional information on parcel map for urban lot splits.

The following supplemental information is required to be submitted with a parcel map for an urban lot split:

A. The parcel map shall be 24 inches by 36 inches in size, be drawn to scale with the scale indicated on the parcel map and shall show and specify the following information:

1. Total area (in acreage and square feet) of the existing and each proposed lot;

2. Location and dimensions of existing and proposed property lines;

3. Zoning district;

4. The location and use of all existing and proposed structures;

5. The location of all existing water wells and septic systems;

6. All required zoning setbacks for the existing and proposed lots;

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

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

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

10. The location and species of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal;

11. Any area of the parcel that has a slope of 25 percent or greater by way of contours at five-foot intervals;

12. Any area of the parcel that is a watercourse;

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

14. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;

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

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

17. Open space areas required under Chapter 19.41 SMC.

B. A statement 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 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 Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

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

2. The parcel has not been established through 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 recording of the parcel map;

5. Rental terms of any unit created by the subdivision shall not be less than 30 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; and

6. The uses allowed on a lot created by the parcel map shall be limited to residential uses. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.130 Objective subdivision standards.

A. Urban lot splits are subject to the objective subdivision standards in this section as adopted and amended from time to time. Urban lot splits shall conform to all objective zoning, subdivision, and design standards applicable to the residential zoning district in which the parcel subject to the urban lot split is located, Chapter 16.03 SMC, Subdivision Design and Improvement Requirements, and Chapter 19.41 SMC, Two-Unit Residential Development Projects, except as expressly provided in this chapter.

B. An urban lot split parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.140 Access easement 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 all applicable objective zoning, subdivision, building, and fire standards required by this code. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.150 Map requirements.

A. The content and form of an urban lot split parcel map shall meet all the requirements of Government Code Sections 66444 through 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 indicate all private underground utility services and facilities, including gas, electricity, cable TV and telephone.

D. 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.

E. The parcel map shall contain a declaration that:

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

2. No more than two new primary residential dwelling units may be permitted on each lot. No new accessory dwelling units and no new junior accessory dwelling units in addition to two primary residential dwelling units are permitted on either lot;

3. Rental of any dwelling unit on a lot created by the parcel map 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;

4. Parcels may not be further subdivided using the urban lot split provisions; and

5. No variances shall be permitted other than those code deviations expressly allowed by this chapter and Chapter 19.41 SMC. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).

19.72.160 Prohibition of further subdivision.

A lot created by a parcel map under this chapter shall not be further subdivided. (Ord. 01-2025 § 2 (Exh. B), 2025; Ord. 13-2021 § 2, 2021).