17.53.030 Urban Lot Split Eligibility.
The following parcels are not eligible for an urban lot split under this chapter:
A. Any parcel that was established through a prior urban lot split pursuant to this chapter.
B. Any parcel that is adjacent to another parcel where either the owner of the parcel proposing to be split or any person acting in concert with that owner has previously split an adjacent parcel using the provisions in this chapter. For the purposes of this chapter, “any person acting in concert” with the owner includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the owner.
C. Any parcel where the urban lot split would result in a parcel that contains more than two existing dwelling units, including primary dwelling units, ADUs, and JADUs.
D. Any parcel located within a historic district or included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site that is designated or listed as a town of Atherton or San Mateo County landmark or historic property or district pursuant to a Town of Atherton or San Mateo County ordinance.
E. Any parcel where the urban lot split would require the 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 fifteen years before the date of the application to split the lot.
4. Housing that has been occupied by a tenant in the last three years.
F. Any parcel where the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, 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.
G. Any parcel located within any of the following: a very high fire severity zone; delineated earthquake fault zone; one-hundred-year flood zone or floodway; designated prime farmland or farmland of statewide importance; hazardous waste site; identified for conservation in an adopted natural community conservation plan; wetlands; habitat for protected species or lands under conservation easement. (Ord. 650 § 1, 2022)