The purpose of this article is to allow and appropriately regulate urban lot splits in accordance with California Government Code Section 66411.7.

(Ord. #2022-624, § 4)

An "urban lot split" means the subdivision of an existing, legally subdivided lot into two (2) lots in accordance with the requirements of this article.

(Ord. #2022-624, § 4)

A.

Only individual property owners may apply for an urban lot split. "Individual property owner" means a 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 Tax Code § 402.1(a)(11)(C)(i)) or a qualified nonprofit corporation (as defined by § 214.15).

B.

An application for an urban lot split shall be submitted on the city's approved form.

C.

The applicant shall provide evidence to the city that the subject lot has been legally subdivided as part of the application submittal.

D.

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.

(Ord. #2022-624, § 4)

A.

An application for a parcel map for an urban lot split is approved or denied ministerially by the City Engineer, without discretionary review.

B.

A tentative parcel map for an urban lot split is approved ministerially, if it complies with all of the requirements of this article. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the individual property 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, if not recorded.

C.

The approval shall require the individual property owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D.

The approval shall require the individual property owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this article.

(Ord. #2022-624, § 4)

An urban lot split shall satisfy each of the following requirements:

A.

Subdivision Map Act Compliance.

1.

The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Government Code § 66410 et. seq., "SMA"), including implementing requirements in this article, except as otherwise expressly provided in this section.

2.

If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, 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.

3.

Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

B.

Zone. The lot to be split shall be located in the single-family residential zones.

C.

Lot Location. The lot to be split shall not located on a site that is described by any of the subparagraphs of the California Government Code Section 65913.4(a)(6)(B)-(K).

D.

No Prior Lot Split.

1.

The lot to be split was not established through a prior urban lot split.

2.

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the individual property owner of the lot to be split or by any person acting in concert with the individual property owner.

E.

No Impact on Protected Housing.

1.

Housing that is income-restricted for households of moderate, low, or very low income or housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

2.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code §§ 7060—7067.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

3.

Housing that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying the owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

F.

Lot Size.

1.

The lot to be split shall be a minimum of two thousand four hundred (2,400) square feet in size.

2.

The resulting lots shall each be a minimum of one thousand two hundred (1,200) square feet in size.

3.

Each of the resulting lots shall be between sixty (60) percent and forty (40) percent of the original lot area.

G.

Easements.

1.

The individual property owner shall 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 shall be shown on the tentative parcel map.

3.

Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property prior to the final map is approved.

H.

Lot Access. Each resulting lot shall have access to or adjoin the public right-of-way and each shall have at least ten (10) feet of frontage on a public right-of-way.

I.

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 dwelling units on the lot shall be held equally and undivided by all individual property owners.

2.

Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwelling units 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 shall record appropriate CC&Rs, easements, or other documentation that are necessary to allocate rights and responsibilities between the owners of the two lots.

(Ord. #2022-624, § 4)

The purpose of this article is to allow and appropriately regulate two-unit developments in accordance with Government Code Section 65852.21.

(Ord. #2022-624, § 4)

A "two-unit project" means the development of two (2) primary dwelling units, or if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this article.

(Ord. #2022-624, § 4)

A.

Only individual property owners may apply for an urban lot split. "Individual property owner" means a 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 Tax Code § 402.1(a)(11)(C)(i)) or a qualified nonprofit corporation (as defined by § 214.15).

B.

An application for a two-unit project shall be submitted on the city's approved form.

C.

The applicant shall provide evidence to the city that the subject lot has been legally subdivided as part of the application submittal.

D.

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.

(Ord. #2022-624, § 4)

A.

An application for a two-unit project is approved or denied ministerially by the Planning Manager, without discretionary review.

B.

The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

C.

The approval shall require the individual property owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D.

The approval shall require the individual property owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this article.

(Ord. #2022-624, § 4)

A two-unit project shall satisfy each of the following requirements:

A.

Subdivision Map Act Compliance. The lot shall have been legally subdivided.

B.

Zone. The lot to be split shall be located in the single-family residential zones.

C.

Lot Location. The lot to be split shall not located on a site that is described by any of the subparagraphs of the California Government Code Section 65913.4(a)(6)(B)-(K).

D.

No Prior Lot Split.

1.

The lot to be split was not established through a prior urban lot split.

2.

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the individual property owner of the lot to be split or by any person acting in concert with the individual property owner.

E.

No Impact on Protected Housing.

1.

Housing that is income-restricted for households of moderate, low, or very low income.

2.

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

3.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Government Code §§ 7060—7067.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

4.

Housing that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying the owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement

F.

Dwelling Unit Standards.

1.

Quantity.

a.

No more than two (2) dwelling units of any kind shall be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including but not limited to, a primary dwelling unit, a unit created under this section of this article, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).

b.

Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) shall not be permitted in association with lots or units created pursuant to SB 9, if three (3) units on that lot would result.

2.

Unit Size.

a.

The total floor area of each primary dwelling unit that is developed under this article shall be less than or equal to eight hundred (800) square feet and more than five hundred (500) square feet.

b.

A primary dwelling unit that was legally established on the lot prior to the two-unit project and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two-unit project. The dwelling unit shall not be expanded.

c.

A primary dwelling unit that was legally established prior to the two-unit project and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after or as part of the two-unit project.

3.

Setbacks.

a.

Generally. All setbacks shall comply with the minimum setback requirements of the applicable zoning district that the lot is located in except as follows.

b.

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.

c.

Interior Side Yard and Rear Yard Setbacks. Dwelling units shall provide a minimum of four (4) feet interior side yard and interior rear yard setbacks from the property line.

d.

Exterior Side Yard and Rear Yard Setbacks (abutting public rights-of-way, i.e., streets, sidewalks, etc.). Dwelling units shall provide a minimum of ten (10) feet exterior side yard and exterior rear yard setbacks from the property line.

4.

Building Separation. The horizontal distance required between structures shall be in accordance with the most current California Building Code requirements and regulations.

5.

Lot Coverage. Two-unit developments shall comply with the maximum allowable lot coverage requirement of the applicable zoning district that the lot is located in.

6.

Floor Area Ratio (FAR). Two-unit developments shall comply with the maximum allowable floor area ratio requirement of the applicable zoning district that the lot is located in.

7.

Building Height. Maximum building height/stories shall be sixteen (16) feet and shall be limited to one (1) story.

No rooftop deck, balcony or similar construction on any new or remodeled dwelling unit or structure shall be permitted on a lot with a two-unit project.

8.

Parking. SB 9 housing developments shall provide one (1) parking space, accessed by a minimum 12-foot wide by 20-foot-long driveway, unless the parcel is located within one-half (½) mile walking distance of either a high-quality transit corridor, a major transit stop, or within one block of a car share vehicle. A covered parking space, i.e., garage, carport, is preferred, but not required.

9.

Demolition Cap. The two-unit project shall not involve the demolition of more than twenty-five (25) percent of the existing exterior walls of an existing dwelling unless the lot has not been occupied by a tenant in the last three (3) years.

10.

Nonconforming Conditions. A two-unit project shall only be approved if all nonconforming zoning conditions are corrected.

11.

Utilities. Each primary dwelling unit on the lot shall have its own direct utility connection to the utility provider.

G.

Objective Design Standards. The following objective design standards shall apply to all SB 9 single-family dwelling units, and to associated on-site improvements:

1.

Housing units with identical building elevations and/or floor plans shall not be located on adjacent lots or directly across the street from each other.

2.

Design elements and detailing shall be continued completely around the structure. Such design elements shall include window treatments, trim detailing, exterior wall materials, and color palate. Firewalls are not exempt from the required design elements.

3.

At least two (2) building materials shall be used on any building frontage (excluding roof and foundation) in addition to glazing and railings. Any one material shall comprise at least twenty (20) percent of the building frontage.

4.

At least two (2) exterior colors shall be used. Elements that count toward this requirement include cladding material, trim/accent colors, and visually significant colors for doors, and similar elements. Primary colors shall be used as accent colors only.

5.

Trash receptables locations shall be identified on the project plans and shall demonstrate screening from public view via equivalent height landscaping, or a solid wall or fence.

6.

The main entry shall not be the garage door and shall be prominently placed on the building elevation facing the street.

7.

Linear streetscape appearance in the building façade shall be avoided by providing variations in horizontal place in a minimum of fifty (50) percent of the building front and street side elevations. Variations shall include indentations, recesses, or projections of two (2) feet or greater. Vertical architectural elements (pilasters, columns, piers, other structural elements) shall vertically project a minimum of eight (8) feet in height and project a minimum of eight (8) inches from the building face.

8.

Units shall include a minimum of three (3) elements from the following list to add visual variety and interest to building facades and enhance the connection between public and private realms:

a.

Eaves;

b.

Cornices;

c.

Trellises;

d.

Overhangs;

e.

Exposed structural elements such as rafters, recessed windows, columns, bay windows. Other elements may be approved if they provide equivalent visual variety and interest.

9.

Primary interior living spaces (bedrooms and living areas) shall be offset a minimum of eight (8) feet from a facing neighboring primary interior space on the same story.

10.

A minimum of eight (8) feet shall be maintained between any primary interior living space (bedroom and living area) and an existing neighboring primary living space on the same story.

11.

Trim surrounds shall be provided at all exterior window and door openings. Trim shall be substantial, visible, and at least two (2) inches in depth.

12.

No building façade may extend in a continuous plane for more than twenty (20) feet without a window, door, variation in horizontal plane, or vertical architectural element.

13.

A minimum of three (3) foot wide interior clear planter width landscaping shall be provided between the closest parallel property line to a driveway and the subject site. For flag lots, the planter shall only be required adjacent to the property not part of the project. Within the planter area, landscaping shall be maintained at a height of no greater than forty-two (42) inches to allow for line of sight to pedestrians and motorists for vehicles exiting the driveway.

14.

Driveways to required parking shall not be asphalt, shall be a minimum of twelve (12) feet in width, and shall be concrete, pavers, stone, brick, or similar material. No driveway shall be allowed for units that do not require an on-site covered parking space and are not electing to included covered parking. Controlled or restricted entrances to required, or provided parking are prohibited.

15.

Solar panels shall be required for any SB 9 housing development to an extent sufficient to meet the electrical load demand of each unit.

16.

Mobile homes and recreational vehicles shall not be used as an SB 9 housing development.

H.

Fire Prevention Measures. All dwelling units on the lot shall comply with current fire code requirements.

I.

Separate Conveyance.

1.

Primary dwelling units on the lot shall not be owned or conveyed separately from each other.

2.

Condominium airspace divisions and common interest developments shall not be permitted within the lot.

3.

All fee interest in the lot and all the dwelling units shall be held equally and undivided by all individual property owners.

J.

Deed Restriction. The owner shall record a deed restriction, acceptable to the city, that does each of the following:

1.

Owner of the property shall occupy one (1) of the dwelling units constructed upon a parcel created by an SB 9 urban lot split for a period of three (3) years from the date of approval of the SB 9 lot split as his or her primary residence.

2.

Expressly prohibits any rental of any dwelling unit on the lot for a period of less than thirty (30) days.

3.

Expressly prohibits any non-residential use of the lot.

4.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development with the lot.

5.

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 unit size and development.

K.

Specific Adverse Impacts.

1.

Notwithstanding anything else in this article, the city may deny an application for a two-unit project, if the building official makes a written finding, based on a preponderance of the evidence, that the two-unit project would have a specific, adverse impact on either 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.

2.

"Specific adverse impact" has the same meaning as in Government Code § 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 of 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).

(Ord. #2022-624, § 4)