HomeMy WebLinkAboutPW Proposed Urban Lot Split Ordinance____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: August 19, 2024
Disposition: Introduced the Ordinance, waived further reading of the Ordinance, and referred to it
by title only
Agenda Item No: 5.b
Meeting Date: August 19, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by: Sarah Teplitsky,
Associate Civil Engineer
April Miller, Public Works Director
Micah Hinkle, Community and
Economic Development Director
City Manager Approval: ______________
TOPIC: AMENDMENTS TO CHAPTER 15.155 (URBAN LOT SPLITS) AND CHAPTER 15.03
(MINOR SUBDIVISIONS (FOUR OR FEWER LOTS)) OF THE SAN RAFAEL
MUNICIPAL CODE
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 15.155 (URBAN LOT
SPLITS) AND CHAPTER 15.03 (MINOR SUBDIVISIONS (FOUR OR FEWER LOTS))
OF THE SAN RAFAEL MUNICIPAL CODE TO CLARIFY AND IMPROVE THE
PROCEDURE FOR IMPLEMENTATION OF GOVERNMENT CODE SECTION 66411.7
(SENATE BILL 9) RELATED TO URBAN LOT SPLITS
RECOMMENDATION:
Introduce an Ordinance amending Chapter 15.155 (Urban Lot Splits) and Chapter 15.03 (Minor
Subdivisions (Four or Fewer Lots)) of the San Rafael Municipal Code to clarify and improve the procedure
for implementation of Government Code Section 66411.7 (Senate Bill 9) related to urban lot splits, waive
further reading of the Ordinance, and refer to it by title only.
BACKGROUND:
On September 16, 2021, Governor Newson signed Senate Bill 9 (SB 9), the California Home Act, which
requires municipalities to allow additional housing development on single-family zoned parcels through
subdivisions and additional primary residential units.
This bill, which took effect on January 1, 2022, consists of two primary components:
1.SB 9 Housing Development (Government Code Section 65852.21). Provisions to allow
development of up to two primary residential units on lots in single-family zoning districts; and
2.Urban Lot Splits (Government Code Section 66411.7). Provisions to allow the subdivision of lots
in single-family zoning districts into two lots.
On July 18, 2022, the City Council introduced Ordinance No. 2013 to add Section 14.16.282 (SB 9
Housing Developments) and Chapter 15.155 (Urban Lots Splits) to the San Rafael Municipal Code to
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
implement Government Code Sections 65852.21 and 66411.7 (Senate Bill 9) related to SB 9 Housing
Developments and Urban Lot Splits. Ordinance No. 2013 was then adopted by the City Council at the
August 1, 2022 City Council meeting.
Since the adoption of Ordinance No. 2013, the City has received a number of Urban Lot Split
development applications per the provisions of Chapter 15.155. The processing and review of these
applications by the Departments of Community Development and Public Works has revealed some
necessary changes to Chapter 15.155 to clarify and improve the procedure for Urban Lot Split
applications.
ANALYSIS:
In the City of San Rafael, divisions of land into four or fewer lots are considered “Minor Subdivisions” and
are governed by the procedures established by Chapter 15.03 of the San Rafael Municipal Code. Under
Chapter 15.03, applications for minor subdivisions follow a two-step process. First, the applicant must
apply for a tentative map and receive approval from the Community Development Director or, if required
per Section 15.03.050, by the the Planning Commission. Once the tentative map has been approved, the
applicant may submit a parcel map for approval by the City Engineer, and then record the approved
parcel map with the County of Marin Recorder’s Office.
However, under Chapter 15.155, Urban Lot Split applications currently only require the preparation of a
parcel map, without the initial step of preparing a tentative map that is required for all other types of minor
subdivisions. SB 9 makes the distinction between urban lot splits and other types of minor subdivisions
by providing that urban lot splits shall be ministerially approved, without discretionary review or hearing,
if the proposed urban lot split meets certain requirements. However, pursuant to Government Code
Section 66428(a), SB 9 does not preclude a local agency’s ability to require a tentative map in addition
to a parcel map. Other agencies in the Bay Area, such as the City of Walnut Creek, have implemented
SB 9 with the requirement to prepare both a tentative map and a parcel map for an urban lot split
application.
There are multiple benefits to requiring a tentative map prior to a parcel map:
1.Consistency with Other City Processes. All other types of minor subdivisions follow a two-step
application process, with a tentative map followed by a parcel map. Mirroring other City processes
as much as possible reduces confusion for applicants and for City staff responsible for reviewing
the applications.
2.Reduce Unnecessary Burden on the applicant. A tentative map and parcel map serve different
purposes. The tentative map is primarily a planning document, used by the Community
Development Department to verify that the proposed subdivision meets all applicable
requirements. In the case of an Urban Lot Split application, the tentative map can be used to verify
that the proposed urban lot split meets the objective development standards of Chapter
15.155.030 and that none of the circumstances listed as “Limitations on Approval” in Chapter
15.155.020 apply. The engineering aspects of the tentative map, such as lot layout and
dimensions, may be approximate at this stage. If the tentative map is approved, then the applicant
may submit a parcel map, which is primarily a technical engineering document reviewed and
approved by the Public Works Department. A parcel map must be prepared by a registered civil
engineer or licensed land surveyor and must contain final lot layout, including traverse closures
and the computation of all distances, angle and courses. By separating the content required on
the tentative map and parcel map, the applicant can avoid the burden of submitting the technical
engineering calculations and mapping until the Community Development Department has verified
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
that the proposed urban lot split does in fact meet the objective development standards by
approving the tentative map. If the tentative map is not approved, there is no benefit to the
applicant going through the process of preparing a parcel map.
Therefore, Public Works staff, in collaboration with Community Development staff, have prepared an
Ordinance to amend Chapter 15.155 to include a two-step application process of tentative map and
parcel map for urban lot splits. The revisions lay out application requirements that refer back to Chapter
15.03 (Minor Subdivisions) as much as possible to provide consistency with other existing City processes.
During the process of revising Chapter 15.155 to implement a two-step application process, staff noticed
other revisions that may be made to the chapter for clarity and/or improvement of the urban lot split
application process. Consequently, Ordinance amendments also include the following revisions to
Chapter 15.155:
•The tentative map application will require the property owner to submit signed affidavits certifying
the following:
o The property owner intends to occupy one of the housing units as their principal residence
for a minimum of three years from the date of approval of the urban lot split. This
requirement is added pursuant to Government Code Section 66411.7(g).
o No demolition or alteration of “protected housing” will be required for the proposed urban
lot split. Demolition or alteration of “protected housing” is already not permitted per
Section 15.155.020(F)(1), so the addition of an affidavit from the property owner
provides further clarity that this requirement is fulfilled.
o The property owner has not previously subdivided an adjacent parcel using an urban lot
split. This is already not permitted per Section 15.155.020(F)(5), so the addition of an
affidavit from the property owner provides further clarity that this requirement is fulfilled.
•The parcel map will be required to contain a note on the map indicating that both new parcels
were created using the provisions of Chapter 15.155 and that no further subdivision of the
parcels is permitted. This requirement will help ensure compliance with Section
15.155.020(F)(4) in the future.
•Prior to approval and recordation of the parcel map, the applicant will be required to record a
restrictive covenant and agreement prohibiting further subdivision of the parcel, a limitation
restricting the property to residential uses only, and a requirement for dwelling units on the
property to be rented or leased only for periods longer than thirty days. This requirement is
added pursuant to Government Code Sections 66411.7(a)(3)(F), 66411.7(f), and 66411.7(h).
Finally, two proposed amendments to Chapter 15.03 have also been included in the Ordinance to clarify
that tentative maps and parcel maps for urban lot splits submitted pursuant to Chapter 15.155 shall be
reviewed ministerially in accordance with the provisions of SB 9.
COMMUNITY OUTREACH:
On August 9, 2024, this public hearing was duly noticed in the Marin Independent Journal for the City
Council to receive public comments and consider an Ordinance amending the San Rafael Municipal
Code.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
FISCAL IMPACT: There is no fiscal impact associated with this action.
OPTIONS:
The City Council has the following options to consider on this matter:
1.Introduce the Ordinance, waive further reading, and refer to it by title only.
2.Do not introduce the Ordinance, and direct staff to return with additional information or changes
to the Ordinance.
RECOMMENDED ACTION:
Introduce an Ordinance amending Chapter 15.155 (Urban Lot Splits) and Chapter 15.03 (Minor
Subdivisions (Four or Fewer Lots)) of the San Rafael Municipal Code to clarify and improve the procedure
for implementation of Government Code Section 66411.7 (Senate Bill 9) related to urban lot splits, waive
further reading of the Ordinance, and refer to it by title only.
ATTACHMENTS:
1.Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 15.155 (URBAN LOT SPLITS) AND CHAPTER 15.03 (MINOR SUBDIVISIONS
(FOUR OR FEWER LOTS)) OF TITLE 15 (SUBDIVISIONS) OF THE SAN RAFAEL
MUNICIPAL CODE TO CLARIFY AND IMPROVE THE PROCEDURE FOR
IMPLEMENTATION OF GOVERNMENT CODE SECTION 66411.7 (SENATE BILL 9)
RELATED TO URBAN LOT SPLITS
SECTION 1. FINDINGS
WHEREAS, Senate Bill 9 (Chapter 162, Statutes of 2021) enacted Section 66411.7 to the
Government Code, effective January 1, 2022; and
WHEREAS, these provisions require the City to provide ministerial approval of urban lot
splits; and
WHEREAS, the City Council adopted Ordinance No. 2013 on July 18, 2022 to add Chapter
15.155 (Urban Lot Splits) to Title 15 (Subdivisions) of the San Rafael Municipal Code to
implement the provisions of Government Code Section 66411.7; and
WHEREAS, the application process for urban lot splits projects outlined in Chapter 15.155
does not include preparation of a tentative map prior to the parcel map; and
WHEREAS, requiring preparation of a tentative map prior to the parcel map will provide
consistency with other City processes for review of subdivisions and is permitted pursuant to
Government Code Section 66428(a); and
WHEREAS, modification to the City’s ordinance as provided in the subject ordinance
amendments is intended clarify and improve the application process for urban lot splits while
continuing to implement the provisions of Government Code section 66411.7.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN
AS FOLLOWS:
SECTION 2. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE CHAPTER 15.155 OF
TITLE 15
Section 15.155.020 of Chapter 15.155 (Urban Lot Splits) of Title 15 (Subdivisions) of the San
Rafael Municipal Code is hereby amended to read as follows. Additions are shown in
underline, and deletions are shown in strikethrough. All other provisions of Chapter 15.155
are unaffected by these amendments.
15.155.020 Filing, processing, and action.
A. Ministerial Review. An urban lot split shall be ministerially approved, without discretionary
review or hearing, if the proposed subdivision meets all provisions of this chapter and
conforms to all applicable objective requirements of the Subdivision Map Act (Division 2)
commencing with Section 66410 of the Government Code.
B. Tentative Parcel Map. Applicants for urban lot splits shall submit a parcel map
application. Pursuant to Government Code Section 66428(a), a tentative map and
parcel map shall be required for all proposed urban lots splits. Tentative map
applications shall be filed with the Department of Community Development by the
property owner(s) of record or representatives of the property owner (subdivider) and
must include all information specified in Section 15.02.020(a)-(f) of this title. The
tentative map shall be reviewed and approved prior to submittal of the parcel map
application. As part of the tentative map application, the property owner shall provide
signed affidavits, all in a form approved by the City Attorney:
1. A statement that the property owner intends to occupy one of the housing units on
the newly created lots as its principal residence for a minimum of three years from
the date of the approval of the urban lot split. This subsection shall not apply to a
property owner that is a "community land trust," as defined in clause (ii) of
subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the
Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in
Section 214.15 of the Revenue and Taxation Code.
2. If any existing housing is proposed to be altered or demolished, the owner of the
property's statement that none of the conditions listed in Section 15.155.020(E)(3)
exist. This affidavit shall include a comprehensive history of the occupancy of the
units to be altered or demolished for the past three years (five years if an existing
unit is to be demolished).
3. The property owner shall also sign an affidavit stating that neither the property
owner nor any person acting in concert with the property owner, has previously
subdivided an adjacent parcel using an urban lot split.
C. Completeness Review of Tentative Map Application by Department of Community
Development. Applications for a tentative map for an urban lot split shall be reviewed
and processed by the Department of Community Development as follows:
1. Within thirty (30) days of receipt of the application, the Department of Community
Development shall review the materials to determine if all information has been
submitted to deem the application complete for processing; and shall advise the
property owner and/or subdivider, in writing, whether the application is complete or is
incomplete, listing the additional information needed for processing.
DC. Action by Department of Community Development. The city Department of Community
Development shall act on a parcel tentative map application for an urban lot split within
sixty (60) days of receipt of a complete application. If the applicant requests a delay in
writing, the sixty-day time period shall be tolled for the period of the delay. The city
Department of Community Development has acted on the application if it:
1. Approves or denies a parcel tentative map application for an urban lot split; or
2. Informs the applicant in writing that changes to the proposed project are necessary to
comply with this chapter or other applicable laws and regulations.
D. Parcel maps for urban lot splits shall not be conditioned on dedication of right-of-way or
construction of offsite improvements.
E. Adverse Impact Upon Health and Safety. A proposed urban lot split shall be denied if the
building official makes a written finding, based upon a preponderance of the evidence,
that the proposed urban lot split would have a specific, adverse impact, as defined and
determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government
Code, upon 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.
EF. Limitations on Tentative Map Approval. A proposed tentative map for an urban lot split
shall not be eligible for approval pursuant to this chapter if any of the following
circumstances apply:
1. The proposed map is not consistent with the development standards as specified in
Section 15.155.030 of this chapter.
2. The building official makes a written finding, based upon a preponderance of the
evidence, that the proposed urban lot split would have a specific, adverse impact, as
defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the
Government Code, upon 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.
31.The proposed urban lot split would require demolition or alteration of "protected
housing." Protected housing includes:
a. 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.
b. Housing that is subject to rent control through valid local rent control provisions.
c. A parcel on which the owner of residential real property has withdrawn
accommodations from rent or lease pursuant to Section 7060 of the
Government Code within fifteen (15) years preceding the development
application (i.e., an exit of the rental housing business pursuant to the Ellis Act).
d. Housing that has been occupied by a tenant in the last three (3) years.
42.The parcel to be subdivided is located within a historic district, is included on the State
Historic Resources Inventory, or is within a site that is legally designated or listed as
a city or county landmark or historic property or district.
53.The parcel to be subdivided is located in any of the specified designated areas set
forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of
Section 65913.4 of the Government Code and does not satisfy the eligibility
requirements therein.
64.The parcel to be subdivided has been established through prior exercise of an urban
lot split pursuant to this chapter.
75.Either the owner of the parcel to be subdivided or any person acting in concert with
the owner has previously subdivided an adjacent parcel using an urban lot split
pursuant to this chapter. "Acting in concert" means the owner, or a person acting as
an agent or representative of the owner, knowingly participated with another person
in joint activity or parallel action toward a common goal of subdividing the adjacent
parcel.
F. Tentative Map Conditions of Approval. A tentative map for an urban lot split may be
approved subject to conditions of approval. Conditions of approval may include the
imposing of restrictions and easements, consistent with the provisions of this title, and
compliance with specific permit requirements such as set forth in Section 14.16.282.
Tentative maps for urban lot splits shall not be conditioned on dedication of right-of-way
or construction of offsite improvements. Tentative maps shall be conditioned to require
approval of a parcel map by the Department of Public Works.
G. Review of Parcel Map Application. Parcel maps shall conform to the requirements of,
and shall be reviewed and approved pursuant to, Sections 15.03.090 through 15.03.140,
with the following additional requirements:
1. The parcel map created pursuant to an urban lot split shall contain a note on the map
indicating that both new parcels were created using the provision of this chapter and
Government Code Section 66411.7, and that no further subdivision of the parcels is
permitted.
2. Prior to the approval and recordation of the parcel map, the applicant shall record a
restrictive covenant and agreement in the form prescribed by the City Attorney, which
shall run with the land and shall contain the provisions listed below.
a. A prohibition against further subdivision of the parcel using the urban lot split
procedures as provided for in this chapter;
b. A limitation restricting the property to residential uses only; and
c. A requirement that dwelling units on the property may be rented or leased only
for a period longer than thirty days.
SECTION 3. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE CHAPTER 15.03 OF
TITLE 15
Sections 15.03.050 and 15.03.120 of Chapter 15.03 (Minor Subdivisions (Four or Fewer
Lots)) of Title 15 (Subdivisions) of the San Rafael Municipal Code are hereby amended to
read as follows. Additions are shown in underline, and deletions are shown in strikethrough.
All other provisions of Chapter 15.03 are unaffected by these amendments.
15.03.050 Referral to planning commission.
When the tentative map application is determined to be complete, the department of
community development shall determine if the minor subdivision application is to be reviewed
and acted on by the community development director or the planning commission, except for
tentative maps submitted pursuant to Government Code 66411.7 and Chapter 15.155 of this
title, which shall be reviewed ministerially. All minor subdivision applications shall be referred
to the planning commission when:
(a) The application is determined to be subject to environmental review and the preparation
of an initial study is required to assess the potential environmental impacts of the minor
subdivision;
(b) The application includes a request for an exception from one or more of the provisions
of this title;
(c) The property proposed for subdivision is located in a hillside area and is subject to the
provisions of Chapter 15.07 of this title;
(d) The application is being processed concurrently with other applications requiring
planning commission or city council approval;
(e) The application involves a division of land where one or more of the created lots or
parcels does not have frontage on an existing public street;
(f) The director of community development determines that there is extraordinary public
concern about the proposed division; or
(g) The director of community development determines that the proposed division is of a
size, importance or unique nature such that it is judged not to be a routine matter.
All minor subdivision applications referred to the planning commission for review and
action shall be processed consistent with the major subdivision procedures set forth in
Chapter 15.02 of this title.
15.03.120 Review by city engineer.
(a) Upon receipt of the parcel map application, the city engineer shall have sixty (60)
calendar days to review and approve the parcel map and all supportive improvements
plans and reports. Following initial review, the city engineer shall provide written
comments and corrections on these materials to the subdivider's engineer, who shall, in
turn, make corrections and/or additions until the map and supportive documents are
acceptable to the city engineer, unless the project is approved pursuant to Government
Code 66411.7 and Chapter 15.155 of this title, in which case the review shall adhere
strictly to ministerial standards without requiring further modifications. The sixty (60)
calendar days shall not include any days in which the improvement plans have been
returned to the subdivider's engineer for correction or those days for which the plans are
subject to review by agencies other than the city.
(b) Upon making all final corrections and additions, the subdivider's engineer shall submit
the original parcel map to the city engineer. This original shall be submitted with the
signatures of all parties required to execute the statements on the parcel map.
SECTION 4. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be
severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, clauses or phrases, and the remaining
portions or this Ordinance shall continue in full force and effect unless amended or modified
by the city.
SECTION 5. COMPLIANCE WITH CEQA
Pursuant to Government Code Section 66411.7(n), enactment of this Ordinance is not
considered a project under the California Environmental Quality Act (CEQA) as this action is
to adopt an ordinance to implement the provisions of Section 66411.7 of the Government
Code.
SECTION 6. EFFECTIVE DATE AND PUBLICATION
This Ordinance shall be published once, in full or in summary form, before its final passage, in
a newspaper of general circulation, published and circulated in the City of San Rafael and shall
be in full force and effect thirty (30) days after its adoption. If published in summary form, the
summary shall also be published within fifteen (15) days after the adoption, together with the
names of those Councilmembers voting for or against same, in a newspaper of general
circulation published and circulated in the City of San Rafael, County of Marin, State of
California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the
San Rafael City Council on the 19th day of August 2024, and was passed and adopted at a
regular meeting of the San Rafael City Council on the 3rd of September by the following vote,
to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk