Part 4 — URBAN LOT SPLITS

10900.400. - Purpose.

The standards contained within this part of the supplement are in addition to the standards for parcel maps and tentative parcel maps located in chapters 1 through 9 of article X, and the zoning standards located in article IX. If a conflict occurs between this part and other provisions contained within the municipal code, this part shall govern.

This part provides objective standards and processing procedures for urban lot splits within single-family residential zones (RS, RL, and RV zoning districts) in accordance with Government Code Section 66411.7.

(Ord. No. 23-471, § 4, 7-12-2023)

10900.401. - Applicability.

This part shall be applicable to a proposed division of land subdividing an existing parcel to create no more than two (2) new parcels of approximately equal lot area provided that one (1) parcel shall not be smaller than forty (40) percent of the lot area of the original parcel proposed for subdivision. The parcel proposed to be subdivided shall meet the following requirements:

(a)

The parcel has a zoning designation of RS, RL, or RV.

(b)

The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code.

(c)

The proposed urban lot split would not require 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 Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from

rent or lease within fifteen (15) years before the date that the development proponent submits an application.

(4)

Housing that has been occupied by a tenant in the last three (3) years.

(d)

The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or any local City of Agoura Hills historic resources registry that may be established.

(e)

The parcel has not been established through prior exercise of an urban lot split as provided for in this part.

(f)

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this part.

(Ord. No. 23-471, § 4, 7-12-2023)

10900.402. - Review.

A parcel map application for an urban lot split shall be reviewed in accordance with the following requirements:

(a)

A parcel map application for an urban lot split shall be reviewed in the same manner as any other parcel map, except that the application shall be reviewed by the director without discretionary review.

(b)

The director is authorized to develop the forms and procedures for urban lot split applications pursuant to the requirement of this part.

(c)

An urban lot split shall be approved by the director if it conforms to all applicable objective requirements of this part, except as otherwise expressly provided.

(d)

An urban lot split shall be denied if 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 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.

(e)

The director's action to grant or deny a parcel map application for an urban lot split is final and is not subject to appeal.

(Ord. No. 23-471, § 4, 7-12-2023)

10900.403. - Standards for urban lot splits.

A parcel map application for an urban lot split is subject to the following standards:

(a)

Size. Both newly created parcels shall be no smaller than one thousand two hundred (1,200) square feet. Neither parcel shall be smaller than forty (40) percent of the lot area of the original parcel proposed for subdivision.

(b)

Flag lots. Flag lots shall not be allowed in the RS zoning district, or on lots zoned RL or RV which do not meet the minimum size requirements listed in their underlying zoning district. The "staff" or minimum fifteen-foot access strip portion of a flag lot shall be excluded when calculating the required area of such lots.

(c)

Subdivision Map Act. An urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in Section 66411.7 of the California Government Code.

(d)

Offsite improvements. Regulations shall not be imposed that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this part.

(e)

Setbacks. No minimum setbacks are required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure. In all other circumstances, a setback of four (4) feet is required from the side and rear lot lines.

(f)

Easements. When required by city standards, easements shall be required for the provision of public services and facilities. If the city determines such easements are required, prior to or concurrent with recording a parcel map, the subdivider shall enter into agreements for conveyance of easements for the provision of public services and facilities and for the provision of access to the public rights-of-way.

(g)

Access. All parcels created through an urban lot split must have access to, provide access to, or adjoin the public right-of-way.

(h)

Parking. Off-street parking of at least one (1) space per unit shall be provided, except where:

(1)

The parcel is located within one-half (½) mile walking distance of ether a high-quality transit corridor as defined in Section 21155(b) of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.

(2)

There is a car share vehicle located within one (1) block of the parcel.

(i)

Uses allowed. The primary use of a parcel created through an urban lot split shall be residential uses. Any other use on the property shall be accessory to a residential use.

(j)

Affidavit. The applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one (1) of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split.

(1)

This provision 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 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.

(k)

Rental term. A rental of any unit located on a parcel created through an urban lot split shall be for a term longer than thirty (30) days.

(l)

Nonconforming zoning conditions. The correction of nonconforming zoning conditions shall not be required as a condition of approval for an urban lot split.

(m)

Units allowed. A maximum of two (2) units may be located on a lot created through an urban lot split, inclusive of accessory dwelling units and junior accessory dwelling units.

(n)

Connected structures. An application shall not be denied solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

(o)

Lot dimensions. Any lot created pursuant to an urban lot split is not subject to minimum lot width or depth requirements if the lot is smaller than the minimum allowable lot in the underlying zoning district.

(p)

Lot lines. Lot lines shall be straight lines, unless there is a conflict with existing improvements or the natural environment.

(q)

Objective city standards. All urban lot splits must comply with all applicable objective standards set forth in the Agoura Hills Municipal Code, except as otherwise expressly provided in Section 66411.7 of the California Government Code.

(r)

Exception. All applicable objective standards within this part shall be met unless such objective standard would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet. If the application of an objective standards would have the effect of physically precluding either or both units from being at least eight hundred (800) square feet in floor area, such standard shall be waived or reduced only to the extent necessary to allow construction of the affected unit(s) to a size no greater than eight hundred (800) square feet in floor area.

(Ord. No. 23-471, § 4, 7-12-2023)

ZONING ORDINANCE CONVERSION TABLE

In order to make the Code section number in Article IX, Zoning more nearly like the section numbers in the other articles of the Code, the editor has assigned new numbers. For the most part, the new number is an abbreviated version of the original.

CODE COMPARATIVE TABLE

This table allows a user of this Code to locate the section, or in some instances, subsections of the Code affected by a particular ordinance. The user of the Code should note that a three-part number in parentheses refers to a section of the Los Angeles County Code, adopted by reference and amended. See the entry for Ord. No. 37 for an example. Building code amendments are similarly noted; see the entry for

Ord. No. 31 for an example of that. None of the ordinances that affect zoning are currently listed; upon inclusion of that ordinance in the Code, entries will be added to this table.