Hawthorne Municipal Code Ch. 16.64 Urban Lot Splits

The purpose of this chapter is to appropriately regulate qualifying SB 9 urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7.

(Ord. 2243, 11/14/2023)

"SB 9 two-unit residential development"

means a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this chapter. A housing development contains two residential units if the development proposes no more than a total of two new units or if it proposes to add one new unit to one existing unit.

"Urban lot split"

has the same meaning as stated in California Government Code Section 66411.7.

(Ord. 2243, 11/14/2023)

A. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements in this code, except as otherwise provided in this chapter. Notwithstanding the foregoing, no dedication of rights-of-way or construction of off-site improvements is required solely for an urban lot split.

B. Lot Size. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision. Both newly created lots must each be no smaller than 1,200 square feet.

C. Easements.

1. The owner must enter into an easement agreement with each utility provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

2. Each easement must be shown on the tentative parcel map and the final parcel map.

3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final parcel map may be approved.

D. Lot Access and preservation of street parking.

1. Each resulting lot must provide access to the public right-of-way.

2. A flag lot or a rear lot without a property line adjacent to a public right-of-way must use the same curb cut and driveway as the other lot involved in the urban lot split. The curb cut and driveway may be relocated if necessary, but under no circumstances may an urban lot split result in more than one curb cut.

3. A reciprocal access easement for an urban lot split may not exceed 10 feet in width.

E. Required Affidavit. The applicant for a parcel map for an urban lot split must sign an affidavit provided by the city stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the final parcel map for the urban lot split is approved.

F. Prior to approval of a parcel map for an urban lot split and the issuance of a building permit for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction (deed restriction) recorded against the property, which is in a form acceptable to the Director, and that does each of the following:

1. Expressly requires the rental of any dwelling unit on the property be for a term longer than 30 consecutive days.

2. Expressly prohibits any non-residential use of the lot.

3. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.

4. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.

5. Expressly prohibits condominium airspace divisions and common interest developments on the property.

6. States that the property was formed or developed pursuant to the provisions of this chapter and is therefore subject to the city regulations set forth in this chapter, including all applicable limits on dwelling size and development.

7. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.

8. States: (a) that the deed restriction is for the benefit of and is enforceable by the city; (b) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (c) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (d) that, if the city is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorneys' fees and court costs; and (e) that the deed restriction may not be modified or terminated without the prior written consent of the director.

(Ord. 2243, 11/14/2023)