An urban lot split pursuant to section 16.03.070 shall comply with the following requirements:
A. Map Compliance. The lot split shall conform to all applicable objective requirements of the Subdivision Map Act and Title 16 of this Code, except as the same are modified by this section.
B. Setbacks.
1. Existing Structures. No setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
2. Four Foot Setback. Except for those circumstances described in subsection 1 above, the required minimum setback for side and rear lot lines shall be four feet. The required minimum front setback shall be as set forth in the applicable single-family residential zone.
C. Easements. The applicant shall provide and/ or obtain easements for the provision of public services and facilities as required. However, the city shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.
D. Grading. A conceptual grading plan shall accompany a tentative map when 50 cubic yards of soil or more is proposed to be disturbed as more particularly set forth and required in sections 14.03.180 and 14.03.190 of this code. The conceptual grading plan shall include location, height, and sections of all proposed retaining and non-retaining walls which shall comply with section 15.17.050.G of this code.
E. Parking. One off-street parking space shall be required per unit, except that no such parking requirements shall be imposed in either of the following circumstances:
1. High-Quality Transit Corridor or Major Transit Stop. The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
2. Care Share Vehicle. There is a car share vehicle located within one block of the property.
F. Access.
1. Public Right of Way Access. Each resulting lot (properties) must adjoin the public right of way (street or alley) or have vehicular access to the public right of way through a fee interest or perpetual access easement.
2. Fire Lane. Properties must have an approved fire apparatus roadway (fire lane) to within one hundred and fifty (150) feet of all existing or potential structures. Fire lanes shall meet the following standards:
a. Width. Minimum of 20 feet.
b. Grade. Maximum grade along the roadway shall not exceed 10%, and side to side (cross slope) shall not exceed 2%.
c. Turning Radii. Inside dimension of 28 feet and outside dimension of 48 feet.
d. Vertical Clearance. Minimum of 13 feet 6 inches.
e. Weight Capability. Minimum 94,000 pounds.
f. Surface. All weather paving material such as concrete, asphalt, or masonry.
g. Turnaround mechanism. When a fire lane exceeds 150 feet in length, a turnaround mechanism of a hammerhead or cul-de-sac shall be provided meeting either of the following standards:
i. Hammerhead. "T" or "Y" configuration with a minimum lane length of 120 feet and minimum lane width of 20 feet.
ii. Cul-de-sac. Minimum diameter of 80 feet.
h. Restricted Access. Gate or other improvements designed to use of the fire lane shall be equipped with a Knox Box.
i. Driveway Location. Driveway locations are subject to Public Works standards and requirements in place at the time of application.
3. Fire Access. Properties must have an approved route for firefighter access and hose pull to all existing or potential structures within 150 feet of the fire apparatus. Firefighter access routes shall meet the following standards:
a. Width. Minimum of 5 feet.
b. Grade. Maximum cross slope shall not exceed 2% and grade along the access route shall not exceed.
i. Walk. Maximum of 5%.
ii. Ramp. Maximum 8.3%.
iii. Stairs. Per Building Code.
4. Clearance. Free from obstruction such as fences, planters, vegetation, and other structures although may be "as the crow flies" rather than in a straight line.
G. High Fire Severity. Each resulting lot and future development thereon within fire hazard severity zones shall comply with the Fire Department's Fire Prevention Standard on Fuel Modification Plan and Maintenance and standards contained in Section II, herein. A land use covenant shall be recorded concurrently with the final parcel map to this effect.
H. Utilities. Each resulting lot (properties) must have dedicated wet (water, sewer, storm drain) and dry (gas and electric) utilities which shall meet the following standards:
1. Location. Location and size shall be determined in accordance with City standards.
2. Water. Water shall include domestic, irrigation, and fire water systems.
3. Connections. Property shall be responsible to install new or upsized connections to City facilities in accordance with City standards.
4. Abandoned Connections. Unused connections shall be abandoned per City standard.
5. Covenant. When a tentative map is proposed without a concurrent application for a primary dwelling unit, a land use covenant shall be recorded concurrently with the final parcel map requiring installation (and/or or abandonment as may be required pursuant to this section) of all utilities prior to finalization of future dwelling' s building permit.
I. Fire Protection.
1. Fire Flow. The fire water system shall be designed meeting the flow requirements of California Fire Code, Appendix B.
2. Fire Hydrants. New lots shall be located such that a fire hydrant is no further than 400 feet away from any existing or potential primary dwelling. Where a fire hydrant exceeds the minimum distance of 400 feet from the lot as measured from the closest property line, the property shall be responsible to install a new hydrant which may be private.
J. Miscellaneous Requirements. The following requirements shall also apply to an urban lot split under this section.
1. Unit 800 Square Feet. The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
2. Architectural Style. Any unit constructed must have the same architectural style as the existing primary unit and must also comply with the existing accessory dwelling unit standards and requirements set forth in section 15.17.100 of this Code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.
3. Legalizing. An existing non-conforming or unpermitted dwelling unit may be legalized if it meets or can be improved to meet all requirements of Article 1 commencing with Section 17960) of Chapter 5 of Part 1. 5 of Division 13 of the Health and Safety Code relating to enforcing building code standards. Nothing in this subsection shall be construed as a requirement for the correction of nonconforming zoning conditions as a condition of approval for an urban lot split.
4. Connected Structures. An application shall not be rejected solely because it proposes adjacent or connected structure provided that the structures meet building code safety standards and are sufficient to allow a separate conveyance.
5. Deed Restriction. An applicant for an urban lot split under 16.03.070 and this section 16.03.080 shall be required to sign an affidavit in the form of a deed restriction, approved by the City Attorney, to be recorded with the Orange County Recorder with a copy of the recorded document provided to the Fullerton Community and Economic Development Department and which shall include all of the following:
a. That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a community land trust" or a " qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.
b. That the uses shall be limited to residential uses.
c. That any rental of any unit created by the lot split shall be for a minimum of thirty-one days.
d. That the maximum number of units to be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, and junior accessory dwelling units.
e. Prohibits the separate fee interest conveyance of any unit on the parcel.
f. That the parcel is formed by an urban lot split and is subject to the city' s urban lot split regulations, including all applicable limits on dwelling size and development.
K. Building Official Determination. The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the 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 the 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.
(Ord. 3313, § 4, 2022)