Can I split my lot under SB 9 in Scotts Valley?

Scotts Valley's code: At least 1,200 square feet. (Each lot created by an urban lot split.) (§ 16.78.040); A signed affidavit that the applicant will live in 1 unit as their main home for at least 3 years. (Counted from approval of the urban lot split; not required for a community land trust or qualified nonprofit.) (§ 16.78.040).

Lot splits under SB 9 in Scotts Valley: the local rules

Scotts Valley code What Scotts Valley's code adds
How the lot may be divided	Each new lot must be at least 40% of the original lot area. Applies: Urban lot split (SB 9). § 16.78.040 · code text No smaller than forty percent of the parcel area of the original parcel.
Unit size	At most 1,250 square feet per unit. Applies: SB 9 development that meets the zone's minimum yard requirements. § 17.55.050 · code text the maximum unit size is one thousand two hundred fifty square feet per unit. At most 800 square feet per unit. Applies: SB 9 development that does not meet the zone's minimum yard requirements. § 17.55.050 · code text the maximum unit size is eight hundred square feet per unit.
Minimum new lot size	At least 1,200 square feet. Applies: Each lot created by an urban lot split. § 16.78.040 · code text At least one thousand two hundred square feet;
Setbacks	4 feet. Applies: Side yard, SB 9 development; no yard on a new side lot line shared by the 2 new lots. § 17.55.050 · code text Side: Four feet, except that no yard is required for a new side lot line shared between two parcels created through an urban lot split. 4 feet. Applies: Rear yard, SB 9 development on a lot created by an urban lot split. § 16.78.040 · code text Rear: Four feet. No yard is required. Applies: A new side lot line shared by the 2 lots created through the urban lot split. § 17.55.050 · code text Side: Four feet, except that no yard is required for a new side lot line shared between two parcels created through an urban lot split. No setback is required. Applies: An existing structure, or one rebuilt in the same place at the same size. § 16.78.040 · code text Notwithstanding Paragraph 1 above, no setback is required for an existing structure or a structure reconstructed in the same location and to the same dimensions as an existing structure.
Standards	Maximum building height is the same as for single-family homes in the zone. Applies: SB 9 residential development. § 17.55.050 · code text The maximum building height for SB 9 residential development is the same as for single-family dwellings in the applicable zoning district and combining district. Must meet the city's Multi-Unit Residential Design Standards, adopted by city council resolution. Applies: Lots created by an urban lot split. § 16.78.050 · code text Parcels created by an urban lot split shall comply with the Multi-Unit Residential Design Standards, which are adopted by city council resolution and may be amended from time to time. New street-facing lot lines: at right angles to the street (radial on curves) or parallel to existing lot lines. Applies: Urban lot split (SB 9). § 16.78.050 · code text New parcel lines that abut a street shall maintain right angles to streets or radial to the centerline of curved streets, or be parallel to existing parcel lines. Each new lot needs at least 40% of the original lot's street frontage; a flag lot strip does not count. Applies: Urban lot split of a vacant lot that meets the zone's minimum lot width; each new lot. § 16.78.050 · code text For an urban lot split on a vacant lot that meets the zoning district minimum lot width, each newly created parcel shall have street frontage no less than forty percent of the street frontage of the original parcel. At least 40% of the original frontage per new lot, or a flag lot that meets city flag lot standards. Applies: Urban lot split of a vacant lot below the zone's minimum lot width, or of a lot with an existing home. § 16.78.050 · code text For an urban lot split on a vacant lot that does not meets the zoning district minimum lot width or on a lot with an existing home, the newly created parcels shall comply with one of the following: No code standard may prevent 2 units on either new lot or make a unit smaller than 800 square feet. Applies: Urban lot split (SB 9); the community development director grants the exception. § 16.78.040 · code text The city shall not impose any objective Municipal Code standard that would physically preclude the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet.
Owner occupancy	A signed affidavit that the applicant will live in 1 unit as their main home for at least 3 years. Applies: Counted from approval of the urban lot split; not required for a community land trust or qualified nonprofit. § 16.78.040 · code text The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. Owner occupancy is not required. Applies: When the owner is a community land trust or qualified nonprofit corporation under state tax law. § 16.78.040 · code text Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.
Parking	At least 1 off-street space per unit. Applies: SB 9 development; none required within 1/2 mile walk of a high-quality transit corridor or major transit stop, or a car share within 1 block. § 17.55.050 · code text A minimum of one off-street parking space is required per dwelling unit except as provided in Paragraph 2 below. No off-street parking is required. Applies: Lots within 1/2 mile walking distance of a high-quality transit corridor or major transit stop. § 16.78.040 · code text 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. No off-street parking is required. Applies: A car share vehicle is within 1 block of the lot. § 16.78.040 · code text There is a car share vehicle located within one block of the parcel.

Lot splits under SB 9 in Scotts Valley

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