Chapter 21.41 — SMALL LOT OWNERSHIP UNITS

The purpose of this chapter is to implement the provisions of state law as reflected in Government Code Section 65852.28, Section 65913.4.5, and Section 66499.41 which aims to facilitate the development of the development of small lot ownership units by streamlining the approval process for residential development projects with ten or fewer units.

(Ord. 736, § 5 (part), 2025).

• (a) Within 60 days from the receipt of a complete application, the City shall determine if the housing development project meets all the following requirements:

• (1) The parcel is located within one of the following zoning districts: R-3, R-4, or MUO.

• (2) The proposed subdivision will result in ten or fewer parcels and the housing development project on the lot proposed to be subdivided will contain ten or fewer residential units.

• (3) The lot is no larger than five acres and substantially surrounded by qualified urban uses.

• (4) The lot is a legal parcel.

• (5) The lot was not established pursuant to this chapter or through the process for an urban lot split as established in Chapter 20.30 of the La Mirada Subdivision Code.

• (6) The housing units on the lot proposed to be subdivided are one of the following:

• (A) Constructed on fee simple ownership lots;

• (B) Part of a common interest development;

• (C) Part of a housing cooperative, as defined in Civil Code Section 817; or

• (D) Owned by a community land trust meeting the requirements of Government Code Section 66499.41.

• (7) The lot being subdivided is not located on a site that is any of the following:

• (A) Prime farmland or farmland of statewide importance, or land zoned or designated for agricultural protection or preservation by local ballot measure;

• (B) Wetlands, as defined in the United States Fish and Wildlife Manual;

• (C) Within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection;

(D) A hazardous waste site listed pursuant to California Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the project sponsor has secured a letter from the State Department of Public Health, State Water Resources Control Board, or the Department of Toxic Substance Control stating that the site is suitable for residential uses;

(E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2; within a special flood

hazard area subject to inundation by the 1% annual chance flood (100-year flood), unless the site meets the criteria of California Government Code section 66499.41 (a)(9)(F);

• (F) Within a regulatory floodway;

• (G) Land identified for conservation;

• (H) Habitat for protected species; or

• (I) Land under conservation easement.

• (b) Housing development not eligible. A housing development shall not be eligible for provisions of this chapter if it would result in the demolition of any of the following types of housing:

• (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.

(2) Housing that is subject to any form of rent or price control through a local public entity's valid exercise of its police power.

(3) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.

(4) A parcel 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 15 years before the date that the development proponent submits an application.

(Ord. 736, § 5 (part), 2025).

The development standards prescribed in the applicable individual zone regulations shall be subject to the following exceptions:

(a) The resulting parcels shall have a minimum lot size of 600 square feet, and the minimum lot width and minimum lot frontage dimensional requirements shall not apply.

(b) Interior side setbacks are not required between units, except as required by the building code.

(c) A minimum rear setback of four feet is required; and a minimum street side setback of four feet or the setback for the underlying zone, whichever is less, is required between lots and adjacent streets.

(d) A minimum side yard setback of four feet or the setback for the underlying zone, whichever is less, is required between lots and adjacent lots not part of the SB 684 subdivision.

(e) Projects with three to seven units shall have a maximum floor area ratio (FAR) of 1.0. Projects between eight and ten units shall have a maximum of 1.25.

(f) One parking space which may be uncovered or not enclosed, shall be required per unit constructed on a parcel created pursuant to the procedures in this section, except that no parking may be required where the parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor or a major transit stop, as defined in Chapter 21.200.

(g) The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 square feet.

(Ord. 736, § 5 (part), 2025).

The Director shall ministerially review, without a hearing, an application for a housing development project on a lot that is subdivided pursuant to this Chapter and Government Code Section 66499.41, and shall approve the application

if the criteria in Government Code Section 65852.28 and this section are satisfied. (Ord. 736, § 5 (part), 2025).

A proposed housing development under this chapter may only be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, a "specific adverse impact" 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. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

(Ord. 736, § 5 (part), 2025).