The Department of Community Development shall ministerially approve an urban lot split subdivision only if the Department of Community Development determines that the urban lot split subdivision meets all of the following requirements:
A. Both newly created parcels shall be no smaller than 1,200 square feet.
B. Both newly created parcels shall be of approximately equal lot area, which for purposes of this paragraph shall mean that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
C. Unit size shall be not greater than 800 square feet.
D. The parcel being subdivided is located within the R-1 zone.
E. The parcel being subdivided is not located on a site that is any of the following:
1. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
3. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
4. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code 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.
5. Within a delineated earthquake fault zone or geologic hazard zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
6. Within 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 in any official maps published by the Federal Emergency Management Agency. If a development proponent 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, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government 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:
a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
7. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, 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 a development proponent 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, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
8. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
9. 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).
10. Lands under conservation easement.
11. All high fire and high wind areas with substandard streets in Special Districts to be identified.
12. All hillside areas with established geotechnical and hydrology challenges in Special Districts to be identified.
F. The proposed urban lot split subdivision would not require demolition or alteration of any of the following types of housing:
1. 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. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Government Code section 7060, et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application under this Chapter.
4. Housing that has been occupied by a tenant in the last three years.
G. The parcel is not located within a 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 or county landmark or historic property or district pursuant to a City or county ordinance.
H. The parcel has not been established through prior exercise of an urban lot split subdivision as provided for in this Chapter.
I. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this Chapter.
J. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Department of Community Development.
K. A two unit residential development constructed on an urban lot split subdivision approved pursuant to this chapter shall comply with the requirements specified in Section 23.02.33.
L. A unit constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed sixteen feet (16') in height measured from the datum point, and in no event shall it exceed one story. Plate height shall be limited to 8 feet, six inches.
M. Each unit located on a parcel created pursuant to this chapter shall have vehicular ingress and egress to the public right-of-way.
N. Parking. A one-car garage is required for each unit, with minimum interior dimensions of ten (10) feet wide by twenty (20) feet deep, except that parking is not required if the parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or if there is a car share vehicle located within one block of the parcel. Two-unit residential developments are subject to 15.07.23. Each garage will be accessible by a 9-foot wide driveway and shall comply with access standards established in the Two-Unit Residential Development Design Standards and the Two-Unit Residential Development and Urban Lot Split Configuration Standards.
O. The uses allowed on a parcel created pursuant to this chapter shall be limited to residential uses.
P. If rented, dwelling units constructed on urban lot split subdivision lots shall only be used for rentals of terms of longer than thirty (30) days.
Q. Prior to approval of an urban lot split subdivision, the applicant shall have complied with the covenant recording requirement contained in Section 23.02.33.
R. Applicant will provide will-serve letters from utilities.
S. All new construction allowed for under this ordinance will have to comply with all applicable sections of the City-adopted 2019 California Fire Code including local amendments, and any future amendments adopted by the City of San Marino. Said requirements shall include but not be limited to: fire apparatus access roads and any additional access roads as may be required by the fire code official, fire sprinklers, fire alarms, including fire alarm monitoring, premises identification, and Fire Protection Water supplies including but not limited to Fire Hydrant Systems.
T. Each lot shall have at least a 60 foot frontage. Existing lots shall be split along the longest property line dimension. The front property line of any newly created lot shall be the lot line that is parallel to the public road that serves the lot.
U. There shall be no phasing of projects. If two new units are proposed, applicant must construct both units at the same time and obtain certificates of occupancy simultaneously.
V. A reciprocal easement agreement that is recorded on title is required for common driveways.
W. LEED Platinum Certification: Concurrent with the submission of any plans for units created under this ordinance for planning, building, or fire plan check, applicant shall file on forms approved by the Community Development Department, certification of LEED Platinum standard for the design of the said unit(s). This requirement does not apply to conversions of and additions to existing buildings. (Ord. O-21-1385, 12-15-2021; amd. Ord. O-21-1386, 1-12-2022)