La Habra Heights Municipal Code Ch. 9.14 SB 9 Urban Lot Splits

The purpose of this Chapter is to implement the provisions of Government Code Section 66411.7 for urban lot splits. (Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

This Chapter shall only apply to the extent that the City is required to ministerially approve urban lot splits under Government Code Section 66411.7. If Government Code Section 66411.7 is repealed, determined to be unlawful or otherwise unenforceable, then this Chapter shall only govern lots previously created through an urban lot split and no applicant for an urban lot split may claim any rights hereunder. The intent of this Chapter is to only implement the requirements of Government Code Section 66411.7, and this Chapter shall not be construed to allow any greater rights to an urban lot split than the City is required to grant under State law. (Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

A. "Accessory dwelling unit" or "ADU" has the same meaning as in Section 7.28.030, as it may be amended from time to time.

B. "City" means the City of La Habra Heights, California.

C. "Director" means the Community Development Director for the City.

D. "Fire apparatus access road" has the same meaning as defined in Section 202 of the 2019
California Fire Code, which is a road that provides fire apparatus access from a fire station
to a facility, building or portion thereof. This is a general term inclusive of all other terms
such as fire lane, public street, private street, parking lot lane and access roadway. A fire
apparatus access road shall have an unobstructed paved width of not less than twenty (20)
feet (six thousand ninety-six (6,096) mm) and an unobstructed vertical clearance of not less
than thirteen (13) feet six (6) inches (four thousand one hundred fifteen (4,115) mm) or any
greater unobstructed width or vertical clearance that the Fire Code requires. A fire
apparatus access road shall be paved and shall connect to other fire apparatus access roads
that lead to roads enabling evacuation from the City.

E. "Floor area" has the same meaning as in Government Code Section 66411.7, which for
purposes of this Chapter shall be the total square footage of a structure measured from the
exterior perimeter walls and inclusive of all floors. The foregoing shall be superseded by
any future amendments to or interpretations of the meaning of "floor area" under
Government Code Section 66411.7.

F. "Individual property owner" means a natural person holding fee title individually or jointly
in the person’s own name or a beneficiary of a trust that holds fee title. "Individual property
owner" does not include any corporation or corporate person of any kind (partnership, LP,
LLC, C corp, S corp, etc.) except for a community land trust (as defined by Revenue and
Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined
by Revenue and Taxation Code Section214.15).

G. "Junior accessory dwelling unit" or "JADU" has the same meaning as in Section 7.28.030,
as it may be amended from time to time.

H. "Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2), which is "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the Zoning Ordinance or General Plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section214(g).

I. "Urban lot split" means the subdivision of an existing, legally subdivided lot into two (2)
lots in accordance with the requirements of Government Code Section 66411.7 and this
Chapter pursuant to a ministerial approval process.
(Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

A. Owners/Lienholders. Only individual property owners may apply for an urban lot split. Any person with a security interest in, or other senior lien against, the lot to be split as an urban lot split must consent and subordinate to recordation of the restrictions resulting from the urban lot split against the title of the property.

B. Approval Authority. The Director shall ministerially approve all applications for urban
lot splits that are subject to approval. Such applications shall be approved and denied in
accordance with Section 9.14.060 (Grounds for Denial). The Director shall not waive the
requirement to submit a tentative parcel map for an urban lot split. The applicant shall be
required to follow all City procedures for the subdivision of property, including but not
limited to all required submittals. The Director shall be the approval authority for both the
tentative and final map.

1. Appeal. A decision of the Director shall become final at five p.m. on the eleventh
business day next succeeding the date of the decision unless, prior to that hour, the
applicant files an appeal to the City Manager. Decisions that are timely appealed shall
not become effective until the appeal is resolved. A notice of appeal shall be in writing
and shall be filed in duplicate in the office of the City Clerk upon forms provided by
the City. An appeal must set forth specifically where there was an error or abuse of
discretion or where an application did meet those qualifications or standards set forth
in this Code as prerequisite to the granting of the application. If the applicant contends
that one (1) or more specific adverse impacts can be satisfactorily mitigated or
avoided, then the appeal must set forth in detail how such specific adverse impacts
can be mitigated or avoided. The applicant shall have the burden of showing in all
respects that the City must ministerially approve the application. The City Manager
shall issue a written determination of an appeal within thirty (30) days of submittal of
the appeal. The City Manager’s determination shall be final, and judicial review of
the decision must be sought within the time prescribed by the California Code of Civil
Procedure Section 1094.6.

C. Application. An application for an urban lot split must be submitted on a form approved
by the Director and shall contain all information that the Director requires. Only a complete
application will be considered. The City’s application form shall, at a minimum, require the
applicant to submit the following:

1. Evidence that the applicant is an individual property owner of the lot to be split.

   2. If applicable, compliance with the consent and subordination requirements provided
   in subsection A of this Section.

   3. A signed affidavit stating that the applicant intends to occupy one (1) of the dwelling
   units on one (1) of the resulting lots as the applicant’s principal residence for a
   minimum of three (3) years after the urban lot split is approved.

   4. A signed affidavit indicating that the applicant acknowledges and agrees that each lot
   created by the urban lot split will be used for residential purposes only and that the
   applicant intends to use the lots for that purpose.

   5. A signed affidavit stating that there are no conditions, covenants or restrictions on the
   property that prohibit subdivision of the property, and if requested by City, any
   supporting documentation showing that there are no such conditions, covenants or
   restrictions on the property.

   6. If the lot would result in the demolition or alteration of existing housing, proof that
   no housing on the lot has been occupied by a tenant within the last three (3) years.

   7. Proof that none of the circumstances set forth in Section 9.14.060(F) (Prior Urban Lot
   Split) are present.

   8. Proof that none of the circumstances set forth in Sections 9.14.060(E) (Historic
   Properties and Districts) and (G) (Impact on Protected Housing) are present.

   9. Proof of any inspections required under Section 9.14.060(D).

   10. A title report, litigation guarantee or other documentation showing evidence of any
   senior security interests or liens against the property.

   D. Application Fee. The City may establish a fee to recover its costs for adopting,
   implementing, and enforcing this Chapter, in accordance with applicable law. The City
   Council may establish and change the fee by resolution. The fee must be paid with the
   application. In absence of an established fee that is specific to an urban lot split, an
   applicant shall pay all fees related to processing a parcel map. The fee may be in the form
   of a deposit for the City’s actual costs incurred.
   (Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

A. Objective Development Standards. An urban lot split, and any development of a parcel created from an urban lot split, shall comply with all requirements of this Chapter, all objective development standards set forth in this Code or otherwise established by the City, and all other City requirements that are not in conflict with Government Code Section 66411.7.

B. Subdivision Standards. Except as otherwise expressly provided in this Chapter, an urban
lot split must conform to all applicable objective requirements of the Subdivision Map Act
(Government Code Section 66410 et seq.) and Chapter 9.3.

1. Exception. No dedication of rights-of-way or construction of off-site improvements shall be required for an urban lot split. This exception shall only apply to the extent
that Government Code Section 66411.7 precludes the City from requiring dedications
of rights-of-way or construction of off-site improvements. This Section shall not
preclude denial of an urban lot split if the project would have a specific adverse
impact on either public health and safety or on the physical environment unless the
applicant dedicates rights-of-way or constructs off-site improvements.
(Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

The Director shall deny an application for an urban lot split if any of the following are true:

A. Development and Subdivision Standards. The lot to be split does not satisfy the
requirements of Section 9.14.050 (Development and Subdivision Standards) or 9.14.070
(Standards Specific to Urban Lot Splits).

B. Zone. The lot to be split is not zoned for single-family residential uses.

C. Lot Location. The lot to be split does not satisfy the requirements of Government Code
Sections 65913.4(a)(6)(B) through (K). (See Government Code Section 66411.7(a)(3)(C).)

D. Inspection.

1. Very High Fire Hazard Severity Zone. For lots within a very high fire hazard
severity zone, the application does not include proof of an inspection by the City’s
Building Official or other City designee confirming full compliance with Section
9.14.090 (Fire Hazard Mitigation) and all existing fire and building code standards.

2. Earthquake Fault Zone. For lots within a delineated earthquake fault zone, the
application does not include proof of an inspection by the City’s Building Official or
other City designee confirming full compliance with applicable seismic protection
building code standards.

3. Habitat for Protected Species. For lots that are undeveloped, or that contain
undeveloped portions, and that are within two hundred (200) feet of any property
zoned as Open Space – Conservation, if the application does not include a survey
performed by a qualified biologist or similar professional showing that the lot does
not contain habitat for protected species identified as candidate, sensitive, or species
of special status by State or Federal agencies, fully protected species, or species
protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et
seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section
2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act
(Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game
Code).

E. Historic Properties and Districts. The lot to be split is a historic property or within a
historic district that is included on the State Historic Resources Inventory or the lot to be
split is within a site that is designated by ordinance as a city landmark or as a historic
property or within a historic district.

F. Prior Urban Lot Split. The lot to be split was established through a prior urban lot split,
or the lot to be split is adjacent to a lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

G. Impact on Protected Housing. The urban lot split requires or includes the demolition or
alteration of any of the following types of housing:

1. Housing that is income-restricted for households 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 policy power.

3. Housing, or a lot that used to have housing, that has been withdrawn from rental or
lease under the Ellis Act (Government Code Sections 7060 through7060.7) at any
time in the fifteen (15) years prior to submission of the urban lot split application.

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

H. Lot Size.

1. The lot to be split is smaller than two thousand four hundred (2,400) square feet.

2. Either or both of the resulting lots are less than one thousand two hundred (1,200)
square feet.

3. Either of the resulting lots is more than sixty (60) percent or less than forty (40)
percent of the original lot area.

I. Unit Count. Either or both of the resulting lots will have more than two (2) units. For
purposes of this Section, a "unit" is any type of dwelling, including but not limited to an
ADU or JADU.

J. Easements. The applicant does not convey all easements required for the provision of
public services and facilities.

K. Specific Adverse Impacts. If the Director makes a written finding, based on a
preponderance of the evidence, that the project would have a "specific, adverse impact" on
either public health and safety or on the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact.

1. A specific adverse impact includes, but is not limited to, the following:

a. The lot is located in a very high fire hazard severity zone and each dwelling unit
thereon does not have at least two (2) separate evacuation routes that enable
evacuation from the City during a fire or other mass evacuation event.

b. The lot is not served by a fire apparatus access road that connects to other fire
apparatus access roads that enable evacuation from the City.

c. In accordance with Section 7.10.30(G) and Section 22.70.050(A)(2) of the Los
Angeles County Code, any existing or proposed residential dwelling will be
located within thirty-five (35) feet of any stable or corral.

2. Because Government Code Section 66411.7 precludes the City from requiring any dedication of rights-of-way or construction of off-site improvements, the Director shall deny any application where either dedication of rights-of-way and/or construction of off-site improvements is necessary to satisfactorily mitigate a specific adverse impact. 3. The City Council may establish additional guidelines that set forth circumstances where a project will have a specific adverse impact on either the public health and safety or on the physical environment. Nothing herein shall hinder or constrain the Director’s discretion to make written findings, based on a preponderance of the evidence, that a project would have a specific adverse impact on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

   L. Not Feasible for Residential Use. If either resulting lot is not feasible for residential use.

M. No Legal Requirement. If for any reason, including but not limited to repeal of Government Code Section 66411.7, initiative or referendum, court decision or any circumstance in which Section 66411.7 does not obligate the ministerial approval of an urban lot split, or if for any reason the Director is not required to ministerially approve an urban lot split. (Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

A. Applicability. The following development standards shall apply to urban lot splits subject to approval under this Chapter. This Section shall govern in the event of a conflict between this Section and any other development standard contained outside of this Chapter.

B. Lot Access.

1. Each resulting lot must have access to the public right-of-way, which shall be shown
on the tentative and final map.

2. Access from the public right-of-way to either or both of the resulting lots may not be
restricted by a gate or guardhouse. Any such gate or guardhouse erected prior to the
urban lot split must be removed.

C. Lot Dimensions.

1. Subject to subsection (C)(2) of this Section, for any lot created by an urban lot split,
seventy-five (75) percent of the lot’s land area must have a minimum dimension of
seventy-five (75) feet in all directions.

2. The minimum lot dimensions provided in subsection (C)(1) of this Section may be
reduced only if strict application thereof would have the effect of physically
precluding the construction of two (2) units on the lot of up to eight hundred (800)
square feet, in which case the reduction shall be only as necessary to enable
construction of the unit or units at a maximum size of eight hundred (800) square feet.

D. Unit Quantity. Notwithstanding Chapter 7.28, no more than two (2) units of any kind are
permitted on any lot created by an urban lot split. For purposes of this subsection, "unit"
means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit
created under Chapter 7.22 (SB 9 Two (2) Unit Projects), an ADU or a JADU.

E. Unit Size. Notwithstanding Section 7.18.40(A):

1. The total floor area of each residential unit developed on a lot to be split must be less
than or equal to eight hundred (800) square feet and more than five hundred (500)
square feet.

2. A primary dwelling that was legally established prior to the urban lot split and that is
larger than eight hundred (800) square feet in floor area is limited to the lawful floor
area and structural footprint at the time of the urban lot split. It may not be expanded.

3. A primary dwelling that was legally established prior to the urban lot split and that is
smaller than eight hundred (800) square feet in floor area may be expanded to eight
hundred (800) square feet in floor area after the urban lot split.

F. Additional Accessory Structures. With the exception of garages, the floor area of any accessory structure erected on a lot created by an urban lot split may not exceed one hundred twenty (120) square feet.

G. Setbacks.

1. Subject to subsections (G)(2) and (3) of this Section, development on either or both
of the resulting lots must comply with the standards set forth in Chapter 7.11.

2. Only to the extent necessary to avoid a conflict with Government Code
Section66411.7, no setback is required for an existing legally established structure or
for a new structure that is constructed in the same location and to the same dimensions
as an existing legally established structure.

3. A unit may encroach into the side or rear setback only if strict application of the
setback standard would have the effect of physically precluding the construction of
two (2) units on a resulting parcel of up to eight hundred (800) square feet, in which
case the encroachment into the setback shall be only as necessary to enable
construction of the unit or units at a maximum size of eight hundred (800) square feet.
However, in no event may any unit be constructed without at least providing a four
(4) foot setback from the side and rear lot lines.

H. Space for Animal Keeping.

1. Subject to subsection (H)(2) of this Section, the urban lot split application must
include an area on each resulting lot designated for the future keeping of horses and
other large animals. The area so designated must be large enough to accommodate a
twenty (20) foot by twenty-four (24) foot corral with an adjacent space not smaller
than twelve (12) feet by eight (8) feet for the storage of animal feed and other animal
keeping supplies.

2. The area designated under subsection (H)(1) of this Section may be reduced to the
extent necessary to accommodate the construction of two (2) units on a resulting
parcel or that would result in a unit size of less than eight hundred (800) square feet
in floor area, in which case the reduction shall be only as necessary to enable
construction of the unit or units at a maximum size of eight hundred (800) square feet
in floor area.

I. Parking. Subject to Government Code Sections 66411.7(e)(3)(A) and (B), each new
primary dwelling unit that is built on a lot after the urban lot split must provide at least one
(1) off-street parking space per unit. This Section does not preclude an applicant from complying with the standard parking requirements of the Municipal Code.

J. Utilities.

1. Each dwelling unit on the resulting lots must have its own direct utility connection to
the utility service provider.

2. For each dwelling unit on the resulting lots that is or that is proposed to be connected
to an on-site wastewater treatment system, the applicant must: (a) demonstrate that
each primary dwelling unit will have its own septic tank and leach line; (b) submit a
percolation test completed within the last five (5) years or, if the percolation test has
been recertified, within the last ten (10) years.
(Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

In addition to complying with all fire and building code standards, all sides of all dwellings on a lot in a very high fire hazard severity zone must be within a three hundred (300) foot hose-pull distance from the closest fire hydrant. (Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

A. Within Resulting Lots. Within a resulting lot:

1. Dwelling units on a single lot that is created by an urban lot split may not be owned
or conveyed separately from each other.

2. Condominium airspace divisions and common interest developments are not
permitted on a lot that is created by an urban lot split.

3. All fee interest in a lot must be held equally and undivided by all individual property
owners.

B. Between Resulting Lots. Separate conveyance of the resulting lots is permitted. If
dwellings or other structures (such as garages) on different lots are adjacent or attached to
each other, the urban lot split boundary may separate them for conveyance purposes if the
structures meet building code safety standards and are sufficient to allow separate
conveyance. If any attached structures span or will span the new lot line, the owner must
record appropriate conditions, covenant, restrictions, easements or other documentation
that is necessary to allocate risk and responsibility between the owners of the two (2) lots.
(Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

Any lot created by an urban lot split pursuant to this Chapter shall be ineligible for a standards modification under Chapter 7.19. (Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

A. Residential Only. No nonresidential use is permitted on any lot created by urban lot split.

B. No Short Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than thirty (30) days.

C. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant’s principal residence for a minimum of three (3) years after the urban lot split is approved. (Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

A. Required Provisions. An urban lot split shall not become effective unless the owner records a deed restriction with senior priority for the benefit of the City, in a form acceptable to the Director and the City Attorney, that provides constructive notice of the restrictions resulting from an urban lot split and does each of the following:

1. Gives notice that the parcel was created through an urban lot split.

2. Gives notice of any site limitations resulting from the urban lot split, including but
not limited to restrictions on off-street parking, the size of units on the parcel and on
the ability to obtain a standards modification for the parcel.

3. Expressly prohibits any development or construction on the parcel that would be
inconsistent with this Chapter.

4. Expressly prohibits any rental of any dwelling on the property for a period of less than
thirty (30) days.

5. Expressly prohibits any nonresidential use of the lots created by the urban lot split.

6. Expressly prohibits any separate conveyance of a primary dwelling on the property,
any separate fee interest, and any common interest development within the lot.

7. Identifies the City as an intended third-party beneficiary with the right, but not the
obligation, to enforce its terms and provisions.

B. Mortgagee Consent and Subordination.

1. The owner shall obtain the consent of any person holding a security interest in the lot,
or any other senior lienholder, to subordinate such interest to the deed restriction, and
the subordination agreement shall be recorded together with the deed restriction.

2. The Director may require the owner to submit a title report, litigation guarantee or
similar document in order to show proof that the deed restriction will be in senior
position.

C. Recordation. The deed restriction and any subordination agreement shall be recorded
concurrently with the final map. Submitting a final map for approval shall be deemed to be
the applicant’s consent to the City to record the deed restriction with the final map.

D. Building Permit. The Director shall not issue a building permit for development on any
lot created through an urban lot split unless the applicant provides a recorded copy of a
deed restriction and any applicable subordination agreement that satisfies the provisions set
forth in subsections A through C of this Section.

(Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

A. Grounds. For any lot created by an urban lot split, City staff shall review whether a reversion to acreage or parcel merger is warranted if either of the following have occurred:

1. If more than one (1) year has elapsed since the lot was created and a building permit
for residential development thereon has not been issued; or

2. The holder of a building permit does not commence construction within eighteen (18)
months of the date the permit was issued.

B. Procedures. Any reversion to acreage or parcel merger shall be conducted in accordance
with this Article.
(Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))

A. Fraudulent Subdivisions. Any person who effectuates an urban lot split by knowingly providing false information in support of an application, or who works in concert with another person to effectuate an urban lot split by knowingly providing false information in support of an application, shall be guilty of a misdemeanor and shall be subject to an administrative citation or civil penalty up to the assessed value, including any improvements, of the resulting lot with the lower assessed value following the urban lot split.

B. Remedies Cumulative. The special penalties provided in this Section are cumulative and in addition to all other remedies the City may have for violations of this Chapter. (Ord. 2021-01U § 4 (Exh. A); Ord. 2022-01 § 4 (Exh. A))