An urban lot split must satisfy each of the following requirements:
A. Map Act Compliance.
1. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this chapter.
a. Each urban lot split map shall show and contain the following information:
i. The tentative map number.
ii. Sufficient legal description of the land included on the map to define the boundaries of the tentative tract or parcel map.
iii. Names, addresses, and telephone numbers of the record owner, developer, and registered civil engineer preparing the map.
iv. North point, scale, date and area of tract or parcel map and the date of survey.
v. The width and approximate locations of all existing or proposed easements or right-of-way, whether for public or private roads, drainage, sewers, or flood-control purposes, shown by dashed lines. Existing easements shall show the name of the easement holder, purpose of easement, and the legal reference for the easement. If an easement is blanket or indeterminate in nature, a note to this effect shall be placed on the tentative map.
vi. The actual street names of each existing highway or street shown on the tentative map.
vii. The locations, widths, and approximate grades of all existing and proposed highways, streets, alleys, or ways within and adjacent to such tentative map. The radius of all centerline curves on highways, streets, alleys, or ways; a cross-section of each street; and any planned line for street widening or for any other public project in and adjacent to the land division. The lettered designation of each proposed highway or street shown on the tentative map.
viii. The lot layout, the approximate dimensions of each lot, number of each lot, total area in square footage or acreage to the nearest one-tenth acre of each lot, and where pads are proposed for building sites, the approximate finish grade. Minimum lettering shall be one-eighth inch.
ix. The locations of all areas subject to inundation or flood hazard and the locations, width, and directions of flow of all watercourses and flood-control areas within and adjacent to the property involved.
x. The contour of the land at intervals of not more than two feet if the general slope of the land is less than ten percent and five feet for all other areas. This shall include an area not less than one hundred feet surrounding the tentative tract.
xi. The location and outline to scale of each building or structure within or immediately adjacent to the division of land and the proposed disposition of such building or structure. The approximate location, height, and general description of any trees with notations as to their retention or destruction.
xii. The location of existing water or oil wells, oil tanks, sumps, cesspools, sewers, culverts, drainpipe, underground structures, or sand, gravel, or other excavations within the subdivision and within two hundred feet of any portion of the subdivision noting thereon whether or not they are to be abandoned, removed or used.
xiii. The location of existing or proposed surface easements, ground leases, or access agreements for oil production purposes.
xiv. A general location map of the area to be sub-divided showing its relation to existing main thoroughfares and the distance from the nearest public street centerline to the boundary of the proposed subdivision.
xv. The location of all streets, existing or contained on adjacent approved tentative maps where such streets intersect the boundary of the subdivision or where such streets intersect another street that forms a boundary of the subdivision.
xvi. A layout of adjoining unsubdivided property in sufficient detail to show the effect of proposed streets that may intersect such property.
xvii. The location of any previously filled areas within the subdivision.
xviii. Proposed direction of flow and rate of grade of street drainage.
xix. Statement of the present use and the proposed use or uses of the property.
xx. The tentative map shall clearly indicate the proposal for handling of storm waters. In the event that such information cannot satisfactorily be shown on the tentative map, the map shall be accompanied by whatever supplemental maps or written reports are necessary to show the proposal.
xxi. The tentative map shall clearly show the method of sewage disposal. In the event this information cannot satisfactorily be shown on the tentative map, the map shall be accompanied by whatever supplemental maps or written reports are necessary to show the proposal.
xxii. The designation of all remainder parcels pursuant to Section 66424.6 of the SMA.
xxiii. The Community Development Department may waive any of the foregoing urban lot split requirements whenever the division of land is such or does not necessitate compliance with these requirements or where other circumstances justify such waiver.
b. The following supplemental drawings, statements, and data shall accompany the urban lot split application.
i. A statement of existing and proposed zoning and existing and proposed uses of the property.
ii. If the subdivider plans to develop the site, then they shall provide a proposed site plan, floor plan, elevations, a colors and materials sheet, and a preliminary landscape plan in accordance with California Model Water Efficiency Landscape Ordinance (WELO) that illustrates the existing and proposed construction. If no development is proposed, the site plan shall show existing conditions on the site.
iii. A statement by a person holding a proprietary interest in the parcel or parcels comprising the division of land, consenting to the submission of the tentative map.
iv. A preliminary title report.
v. A geologic and/or soils report if required by the city engineer.
vi. A flood hazard report from the Los Angeles County flood-control district.
vii. A preliminary grading plan with a Low Impact Development plan overlay.
viii. A Phase I Environmental Site Assessment (ESA) and, if required by the Phase I ESA, a Phase II ESA.
ix. A Human Health Risk Assessment, if required.
xi. A site methane assessment report signed and stamped by a State of California registered geologist. The assessment shall be conducted within 30 days prior to the issuance of a building permit and in accordance with the city's "methane assessment minimum requirements standard" on file in the Community Development Department.
xii. A mitigation plan in accordance with the city's "methane mitigation minimum requirements standard" on file in the Community Development Department shall be submitted if the methane site assessment requires mitigation, or if the well access exhibit is labeled "no access & methane mitigation required".
xiii. An environmental assessment statement and/or input for a draft environmental impact report, as determined by the director of planning and community development.
xiv. Any other data or reports as deemed necessary by the community development department or the city engineer.
xv. The community development department may waive any of the foregoing when such is not necessitated by the nature of the subdivision of land.
c. If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this chapter, or any other legal requirement:
i. 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.
ii. The city has all the remedies available to it under the SMA, including but not limited to the following:
(I) An action to enjoin any attempt to sell, lease, or finance the property.
(II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(IV) Record a notice of violation.
(V) Withhold any or all future permits and approvals.
d. Notwithstanding section 66411.1 of the SMA or the city's subdivision regulations, 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 is in a "single-family residential zone". For purposes of this chapter, a "single-family residential zone" is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot. This chapter applies to any lot in a specific plan where the specific plan limits the primary use of the lot to one primary dwelling.
C. Lot Location.
1. The lot to be split is not located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
b. A wetland.
c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
d. A hazardous waste site that has not been cleared for residential use.
e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
f. Within a 100-year flood hazard area, unless the site has either:
i. Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or
ii. Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
i. Habitat for protected species.
j. Land under conservation easement.
2. The purpose of subsection C.1. above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)-(K). (See Gov. Code § 66411.7(a)(3)(C); eff. Jan. 1, 2022.)
3. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)-(K) are satisfied.
D. Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district, including without limitation property designated SP-11, Crescent Heights Historic District Specific Plan.
E. No prior urban 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 owner of the lot to be split or by any person acting in concert with the owner. "Any person acting in concert with the owner" here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.
F. No impact on protected housing.
1. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.
2. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that Paragraph 1. above is satisfied.
a. The sworn statement must state that:
i. No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
ii. No housing that is subject to any form of rent or price control will be demolished or altered.
iii. No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.
iv. No housing that has been occupied by a tenant in the last three years will be demolished or altered.
3. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
G. Lot size.
1. The lot to be split must be at least 2,400 square feet.
2. The resulting lots must each be at least 1,200 square feet.
3. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.
H. Easements.
1. The owner must 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 must be shown on the tentative parcel map.
3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section 18.26.030.B. above.
4. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request. and the city will provide, a notice of termination of the easement, which the owner may record.
I. Lot access.
1. Each resulting lot must adjoin the public right of way.
2. Each resulting lot must have frontage on the public right of way of at least 10 feet.
J. Unit standards.
1. Quantity. No more than two dwelling units of any kind may 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 section 20.10.041 of this code, an accessory dwelling unit, or a junior accessory dwelling unit.
2. Unit size.
a. The total floor area of each primary dwelling that is developed on a resulting lot must be:
i. Less than or equal to 800 square feet; and
ii. More than 500 square feet.
b. A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
c. A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.
3. Height restrictions.
a. On a resulting lot. any new primary dwelling unit may not exceed 18 feet in height, measured from existing grade to peak of the structure. and is limited to one story. This height restriction is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
i. If the development of two primary dwellings units on the lot at 800 square feet each requires a building height in excess of 18 feet, measured from existing grade to peak of the structure, then any portion of the new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor and shall not exceed 25 feet in height; no balcony deck or other portion of the second story may project into this stepback.
b. No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
4. Lot coverage. Maximum lot coverage is 50% of the lot. For purposes of this paragraph, "lot coverage" means the percentage of the total lot area covered by enclosed structures but excludes uncovered steps, driveways, walkways, covered patios, terraces, fire pits and swimming pools. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
5. Open space. The minimum open space is 15% of the lot. For purposes of this paragraph, "open space" means the percentage of the total lot area, other than a required setback area, driveway, which has no building or structure located therein, except for landscaping, walls, fences, patios, swimming pools, and other permitted buildings or structures, used exclusively for recreational purposes. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.
6. Setbacks.
a. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
b. Exceptions. Notwithstanding subparagraph K.6.a. of section 18.26.050 above:
i. 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.
ii. 800 square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
c. Side and rear setback areas. Side and rear setback areas shall be landscaped with drought-tolerant plants or a combination of plant and permeable softscape material.
d. Front setback area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 20 feet from the front property lines. A front setback area must:
i. Be kept free from all structures greater than four feet high;
ii. Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; and
iii. Allow for vehicular and fire-safety access to the front structure.
7. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either:
i. A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
ii. A site that contains
(I) An existing rail or bus rapid transit station,
(II) A ferry terminal served by either a bus or rail transit service, or
(III) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
b. The site is located within one block of a car-share vehicle location. For purposes of this section, a car-share vehicle location shall mean a permanent, marked location for car-sharing pick-up or drop-off.
8. Architecture.
a. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior building materials, articulation, window size, proportion of window units to wall size, direction of opening, muntin pattern, dominant roof pitch, and garage door design. The dominant roof slope is the slope shared by the largest portion of the roof.
b. If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior building materials, articulation, window size, proportion of window units to wall size, direction of opening, muntin pattern, dominant roof pitch, and garage door design. The dominant roof slope is the slope shared by the largest portion of the roof.
c. All exterior lighting must be limited to down-lights.
d. No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
e. If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
9. Landscaping. 75 percent of the open space must be landscaped with plant material. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:
a. All new or rehabilitated landscaping shall be in accordance with the WELO.
b. Artificial turf is prohibited.
c. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24" box size plant shall be provided for every 10 linear feet of exterior wall.
d. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
e. Drought-tolerant landscaping is preferred.
f. After an urban lot split is approved, any later modification to the landscape, hardscape, or softscape of a lot shall conform to these landscaping requirements and be submitted for review and approval by the community development department.
10. Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
11. Utilities.
a. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
b. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
c. All utilities must be underground.
12. Laundry facilities. Each primary dwelling unit on the resulting lots must have laundry facilities within the unit that are only accessible from the interior of the primary dwelling unit.
13. Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use and subjects the whole of the lot, and all structures, to the city's current code.
K. Fire-hazard mitigation measures.
1. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
a. It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.
b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
c. All enclosed structures on the site must have fire sprinklers.
d. All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe.
e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
2. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this Subsection L. The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city's costs for inspection. Failure to pay is grounds for denying the application.
L. 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 dwellings on the lot must be held equally and undivided by all individual property owners.
d. No time-share, as defined by state law or this code, is permitted. This includes, but is not limited to, any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
2. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings 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 must record appropriate covenants, conditions & restrictions, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
M. Regulation of uses.
1. Residential-only. No non-residential use is permitted on any lot created by urban lot split.
2. No short-term rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
3. Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.
N. Notice of construction.
1. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
a. Notice that construction has been authorized.
b. The anticipated start and end dates for construction.
c. The hours of construction.
d. Contact information for the project manager (for construction-related complaints), and
e. Contact information for the building and safety department.
f. The following statement in bold font: “This notice does not confer a right on noticed persons or any other member of the public to submit formal comments in support of or in opposition to the project. Under state law, the city has no discretion in approving or denying the project. This notice is solely for informational purposes and to promote neighborhood awareness.”
2. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law. the city has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.
O. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, in a form approved by the city, that does each of the following:
1. Expressly prohibits any rental of any dwelling on the lot for a period of less than 30 days.
2. Expressly prohibits any non-residential use of the lot.
3. Expressly prohibits any separate conveyance of a primary dwelling on the lot, any separate fee interest, and any common interest development within the lot.
4. States that 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.
(Ord. 2021-12-1530-U)