Can I split my lot under SB 9 in Tiburon?

Tiburon's code: Both new parcels must be at least 1,200 square feet. (§ 14-3.317); The applicant must live in one unit as their main home for at least 3 years. (Counted from approval for an existing home, or from the certificate of occupancy for a new unit.) (§ 14-3.317).

Lot splits under SB 9 in Tiburon: the local rules

Tiburon code What Tiburon's code adds
How the lot may be divided	Neither new parcel may be smaller than 40% of the original lot area. Applies: Applies to an urban lot split. § 14-3.317 · code text Neither of the resulting parcels can be smaller than forty percent of the lot area of the original parcel.
Standards	Standards that would block 2 units on either parcel, or force a unit under 800 square feet, do not apply. Applies: Applies to an urban lot split. § 14-3.317 · code text Any 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 eight hundred square feet, shall not be imposed. Only residential uses are allowed. Applies: Applies to uses created through an urban lot split. § 14-3.317 · code text Uses created through an urban lot split shall be limited to residential uses. Rentals must be for more than 30 days. Applies: Applies to any unit created through an urban lot split. § 14-3.317 · code text The rental of any unit created through an urban lot split shall be for a term of longer than thirty days. Both parcels need access to or must adjoin the public right-of-way, enough to meet fire access rules. Applies: Applies to both resulting parcels. § 14-3.317 · code text The resulting parcels must both have access to or adjoins the public right-of-way, sufficient to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code section 503 (Fire Apparatus Access Roads) and California Code Regulations Title 14, section 1273.00 et seq. At least 20 feet of frontage. Applies: Applies to the access corridor of a flag lot. § 14-3.317 · code text The access corridor of a flag/corridor lot, per 14-6.609 (1) (f), shall have a minimum frontage of no less than twenty feet, shall be either in fee as part of the parcel or as an easement, and shall be a minimum width as determined by the Town Engineer. No more than 2 parcels. Applies: Applies to a parcel map dividing an existing parcel. § 14-3.317 · code text The parcel map to subdivide an existing parcel shall result in no more than two (2) parcels. No new nonconforming conditions, except setbacks, maximum lot coverage and maximum floor area ratio. Applies: A condition of urban lot split approval. § 14-3.317 · code text However, no new nonconforming conditions may result from the urban lot split other than setbacks, maximum allowed lot coverage, and maximum allowed floor area ratio. It may not be subdivided further. Applies: Applies to a parcel created through an earlier urban lot split. § 14-3.317 · code text A parcel created through a prior urban lot split may not be further subdivided. Only parcels in a single-family residential zone qualify. Applies: Applies to an urban lot split. § 14-3.316 · code text A parcel that is located within a single-family residential zone.
Minimum new lot size	Both new parcels must be at least 1,200 square feet. § 14-3.317 · code text Both newly created parcels must have a minimum lot size of one thousand two hundred square feet.
Setbacks	Side and rear setbacks are 4 feet. Applies: Applies to side and rear yards. § 14-3.317 · code text The resulting parcel shall have four-foot side and rear yard setbacks. No setback is required. Applies: Applies to an existing structure or one rebuilt in the same place and to the same size. § 14-3.317 · code text No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
Owner occupancy	The applicant must live in one unit as their main home for at least 3 years. Applies: Counted from approval for an existing home, or from the certificate of occupancy for a new unit. § 14-3.317 · code text The applicant shall submit a signed affidavit to the Community Development Director attesting that the applicant intends to occupy one (1) of the housing units on the newly created parcels as their principal residence for a minimum of three (3) years from either: No owner-occupancy requirement. Applies: Applies when the applicant is a community land trust or qualified nonprofit corporation. § 14-3.317 · code text This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Revenue and Taxation Code section 402.1, or a "qualified nonprofit corporation" as described in Revenue and Taxation Code section 214.15.

Lot splits under SB 9 in Tiburon

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