A. Application. Tentative maps shall include the information specified in Section 16.03.020 of this code. Any other relevant information which may be necessary pursuant to 16.03.020.A.9 shall be specified in application submittal requirements so that it is available and known to the applicant prior to submittal.
B. Approval. An application for a tentative parcel map for an urban lot split is approved or denied ministerially, by the City Engineer, without discretionary review, following technical review by Planning, Building, Fire, and Public Works for compliance with Government Code section 66411.7, this Ordinance, and applicable provisions of the Subdivision Map Act. The city shall ministerially approve a parcel map for the split of a single-family residential lot into two parcels if the following requirements are met, in addition to the requirements of section 16.03.080:
1. Zoned Single Family. The property is located with a zoning of R-1.
2. Two Parcels Maximum. The parcel map divides 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 40 percent of the lot area of the original parcel.
3. Lots at Least 1,200 square feet. Both newly created parcels are no smaller than 1,200 square feet.
4. Not on Prohibited Land. The property is not located in any of the following areas and does not fall within any of the following categories:
a. Historic. An historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district or within a Residential Preservation Zone pursuant to a city ordinance.
b. Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).
c. Wetlands. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
d. Fire Zone. A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
e. Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, 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.
f. Flood Zone. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii).
g. Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
h. Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I).
i. Habitat for Protected Species. 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. Sec. 1531 et seq.), the California Endangered Species Act Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
j. Conservation Easement. Lands under a conservation easement.
C. Prohibitions. The proposed lot split shall not do any of the following.
1. Affordable Housing. Require demolition or alteration of any 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.
2. Rental Units. Require demolition or alteration of any housing that has been occupied by a tenant in the last three years.
3. Two Units. Creates more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units.
(Ord. 3313, § 3, 2022)