La Mirada Municipal Code Ch. 20.30 Urban Lot Splits

This section establishes regulations for Urban Lot Splits, including a Primary Dwelling Unit (PDU) and a Secondary Dwelling Unit (SDU) in residential zoning districts, in accordance with Cal. Gov‘t Code Sections 65852.21 and 66411.7, also commonly known as Senate Bill 9. The implementation of this section is designed to expand housing opportunities within existing single-family neighborhoods by permitting the development of up to two residential units on a single-family zoned parcel. These regulations aim to provide diverse housing options while preserving the residential character of neighborhoods, ensuring consistency with the General Plan, and adhering to the zoning designations of the parcel. The section seeks to balance the growing demand for additional housing with the preservation of neighborhood integrity, efficient land use, and the protection of environmental and infrastructure resources.

(Ord. 736, § 4 (part), 2025)

(a) "Duplex" means an attached building (e.g. duplex) designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot. More than one duplex may be located on a single lot consistent with the density provisions of the general plan.

(b) "Primary Dwelling Unit (PDU)" means the main housing unit that is either existing or is proposed to be the main housing unit on a single parcel with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on a parcel that meets all the criteria and standards set forth in this chapter and title.

(c) "Secondary Dwelling Unit (SDU)" is an attached or detached dwelling unit that provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit. This is a housing unit that is authorized and eligible utilizing Senate Bill 9 and meets all the criteria and standards set forth in this chapter and title. A Primary Dwelling Unit must be established to create a Secondary Dwelling Unit.

(d) "Two-Unit Development" means a development that proposes no more than two new units or proposed to add one new unit to one existing unit.

(e) "Urban Lot Split" means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter.

(Ord. 736, § 4 (part), 2025)

The city shall ministerially approve, without discretionary review or public hearing, a parcel map for the split of a single-family residential zoned lot into two parcels if the following requirements are met, in addition to the requirements of Section 21.080.040 – Standards and Requirements:

(a) The property is zoned Single-Family. The property in question is located within a single-family residential zone. Single-family residential zones only include R-1 (R-1-6,000, R-1-7,500, R-1-8,000, R-1-10,000, R-1-15,000).

(b) Application. A Parcel Map as outlined in Chapter 20.28 shall be submitted.

(1) Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or beneficiary of a trust that holds free title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

(2) Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel indicate the person consent to the project.

(3) An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

(4) The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

(c) Approval.

(1) An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director of Community Development and Director of Public Works/City Engineer, without discretionary review.

(2) A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this Chapter. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The final parcel map must be recorded.

(3) The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

(4) The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(d) Not Located on Prohibited Land. The property is not located in any of the following areas and does not fall within any of the following categories:

(1) Historic. A Designated Historic District or property included on the State Historic Resource Inventory, as defined in Section 5020.1 of the Public Resources Code as it may be amended from time to time, or within a site that is designated as a city landmark or historic property or district pursuant to a city ordinance.

(2) Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B) as it may be amended from time to time.

(3) Wetlands. "Wetlands" as defined in the United State Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(4) Fire Zone. A very high fire hazard severity zone, as further defined in Government Code Section 65913.4(a)(6)(D) it may be amended from time to time. This does not apply to sites excluded from the specified hazard zones pursuant to subdivision (b) of Section 51179 or sites that adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

(5) Hazardous Waste Site. A hazardous waste site that is listed pursuant to 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 State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substance Control has cleared the site for residential use or residential mixed uses.

(6) Earthquake Fault Zone. 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 and by the city's building department.

(7) Flood Zone. A special flood hazard area subject to inundation by the 1% annual chance of flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlines approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

(A) The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or

(B) The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii) as that section may be amended from time to time;

(8) Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development gas received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard or action adopted by the city that is applicable to that site.

(9) Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I) as that section may be amended from time to time.

(10) Habitat for Protected Species. Habitat for protected species identified as candidates, 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 USC 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).

(11) Conservation Easement. Lands under a conservation easement.

(e) Lot Size.

(1) The lot to be split must be at least 2,400 square feet.

(2) The resulting lots must be at least 1,200 square feet.

(3) The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that each of the resulting parcels shall not be less than 40% of the original lot area.

(f) Units. No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subdivision, the two-unit limitation applies to any combination of primary/secondary dwelling units, ADUs, and JADUs.

(g) No Impact on Protected Housing. The proposed lot split shall 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.

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

(4) The parcel is not a parcel on which an owner of residential real property has exercised the owner's right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within the last 15 years before the date that the development proponent submits an application.

(h) Right-of-Way Access. Each parcel shall have pedestrian and vehicle access to the public-of-way. Said access may be provided directly or through an easement.

(Ord. 736, § 4 (part), 2025)

An urban lot split shall comply with the following requirements:

(a) Map Compliance.

(1) The urban lot split must conform to all applicable objective requirements parcel map of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), including implementing requirements in this code and Chapter 20 - Subdivision, except as otherwise expressly provided in this section.

(2) If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:

(A) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

(B) The city has all the remedies available to it under the SMA, including but not limited to the following:

i. An action to enjoin any attempt to sell, lease, or finance the property.

ii. An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

iii. Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor.

iv. Record a notice of violation.

v. Withhold any or all future permits and approvals.

(b) Setbacks. No setback shall be required for an existing structure or structure constructed in the same location and to the same dimensions as an existing structure. Except for those circumstances as stated above, the setback for side and rear property lines shall be four feet. The front setback to the property line shall be 20 feet. The distance between structures shall be ten feet, free and clear, measured from wall to wall.

(c) Easements. The applicant shall provide easements for the provision of public services and facilities as required. However, the city shall not require dedications of right-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map. Each easement must be shown on the tentative parcel map. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

(d) Access. All parcels shall have access to, provide access to, or adjoin the public right-of-way. Each resulting parcel must have frontage on the public right-of-way of at least 15 feet. Each dwelling unit must have a designated path of travel that meets the public right-of-way.

(e) Nonconforming. The city shall not require the correction of nonconforming zoning conditions as a condition of approval for the urban lot split.

(f) Affidavit. Prior to the approval and recordation of the parcel maps, the applicant for the urban lot split as defined in this section shall sign an affidavit and record a covenant, in a form approved by the city and county recorder's office, stating the following: The property owner of an urban lot split intends to occupy one of the dwelling units on the newly created lots as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This subsection does not apply to an applicant that is a "community land trust" or a "qualified nonprofit corporation" as defined in the Revenue and Taxation Code. Additionally, other conditions from this section may be recorded within the covenant.

(g) No Short-Term Rental. Any unit created pursuant to this section shall be for a minimum of 31 days.

(h) Residential Use. The uses shall be limited to residential uses.

(i) Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an Urban Lot Split shall sign an affidavit, in the form approved by the City Attorney, stating that none of the conditions listed in subparagraph (g) above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished) on a form approved by the city.

(Ord. 736, § 4 (part), 2025)

The city may deny the lot split if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed Two-Unit Development 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.

(Ord. 736, § 4 (part), 2025)

An urban lot split shall not be approved if either of the following is accurate:

(a) Any subject parcel has been established through prior exercise of an urban lot split.

(b) 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. A person "acting in concert with the owner" means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

(Ord. 736, § 4 (part), 2025)