The provisions of this Section apply to the processing of parcel maps for urban lot splits pursuant to Cal. Gov’t Code § 66411.7 and Chapter 20.56 of this Code. Urban lot splits must meet all the following requirements:
A. The following development standards contained in Table 20.56.050.A (Urban Lot Split Standards) apply:
URBAN LOT SPLIT STANDARDS | |
Required Zoning Designation | Permitted within single-family residential zones or within a specific plan development area implementing a single-family residential zone. |
Maximum Number of Units | 2 dwelling units developed in accordance with this Section. Notes: Lots created from implementing the provisions of the Urban Lot Split shall not be eligible for more than a total of two dwelling units per lot. |
Minimum Lot Size | The size of the new lot shall be at least 40% of the existing lot prior to the Urban Lot Split. Notes: In no instance shall the new lots be less than 1,200 sq. ft. |
Lot Frontage | All lots shall have frontage directly onto a public or private street, excluding alleys. |
Lot Width | All lots shall have a minimum lot width of 24 feet abutting a street. |
Setbacks | No setbacks are required for a legally permitted existing structure. New construction shall comply with the requirements of Table 20.56.040.A. |
New Units | All new Two-Unit Development units constructed after the implementation of an Urban Lot Split shall comply with the requirements of Table 20.56.040.A. |
Parking | As specified in Section 20.08.040.D. of this title. |
General Development Standards | Unless otherwise indicated in this Section, the standards of the underlying zone shall apply. |
B. No prior urban lot split.
1. The parcel has not been established through prior exercise of an urban lot split.
2. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner may subdivide an adjacent parcel using an urban lot split as provided in this section.
C. Map act compliance. An urban lot split shall comply with all applicable objective requirements of the Subdivision Map Act unless otherwise specified in this article or in state law.
D. Easements. No dedications of rights-of-way or construction of off-site improvements may be required for the parcels being created. However, the city may require easements for the provision of public services and facilities when considering an application for a parcel map for an urban lot split.
E. Code compliance. Urban lot splits shall comply with all applicable Fire and Building Codes.
F. Utilities. Two-unit developments shall have separate utility connections and separate utility meters.
G. Short-term rentals prohibited. Dwelling units shall not be rented for less than 30 consecutive days at a time.
H. Notice to adjoining property owners. Prior to final map recordation, the property owner shall provide a notarized authorization that written notice was provided to all the owners, as shown on the last adopted tax roll of Orange County, of property adjoining the subject property or any contiguous property in the same ownership as the subject property. Such notice shall contain the location of the properties, notice that construction has been authorized, and contact information for the Building & Safety Department and project manager.
I. Deed restriction. The legal owner of an urban lot split property shall record a covenant in a form satisfactory to the City Attorney within 30 days following the issuance of a building permit for a two-unit development, that does each of the following:
1. Expressly prohibits any rental of any dwelling unit on the property for a period less than 30 days.
2. Expressly prohibits any non-residential use of the lots created by the urban lot split.
3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any other common interest development within the lot.
4. States that:
a. The lot is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.
b. Development on the lot is limited to development of housing under this section, except as required by state law.
J. Associated permits. If an application for an urban lot split triggers the requirement for a discretionary or ministerial permit other than an urban lot split and/or a building permit, those associated permits must be applied for and obtained prior to application for an urban lot split permit.
(Ord. 1242, passed 8-15-23; Am. Ord. 1247, passed 3-19-24)