Lawndale Municipal Code Ch. 16.05 Urban Lot Splits

This chapter applies to urban lot splits in single-family zones in accordance with Government Code Section 66411.7.

(Ord. 1199-23 § 3)

"Single-family zone"

means any parcel of land that is zoned R-1.

"Urban dwelling unit"

means a second unit permitted pursuant to SB 9. An urban dwelling unit shall not mean an accessory dwelling unit or a junior accessory dwelling unit.

"Urban lot split"

means a parcel map subdivision permitted pursuant to SB 9 which creates two parcels.

(Ord. 1199-23 § 3)

An urban lot split shall comply with the following requirements:

A. All requirements in Government Code Section 66411.7.

B. All applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as expressly provided in this chapter.

C. All requirements of the Lawndale Municipal Code, except that requirements imposed by this chapter shall take precedence over other conflicting requirements.

D. The rental of any unit created by an urban lot split must be for a term longer than thirty days.

E. The property owner must agree to an unannounced inspection every year for the first three years to ensure the property owner is living on site. A restrictive use covenant must be recorded. The property owner must pay the special inspection fee as set forth in the city's fee and fine resolution.

F. Objective Development Standards. The following objective development standards apply to urban lot splits:

1. Size and Number. The parcel map subdividing an existing parcel must create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than forty percent of the lot area of the original parcel proposed for subdivision. The subdivision must not be done in a manner that leaves one lot with more than two units including existing and proposed main dwellings, ADUs, and JADUs. No more than four total units may exist on the two new parcels.

2. Minimum Size. Both newly created parcels created by an urban lot split must be no smaller than one thousand two hundred square feet.

3. Setbacks.

a. Existing Structures. No setback is required for an existing, permitted structure or a structure constructed in the same location and to the same dimensions as an existing, permitted structure.

b. New Structures and Additions. The minimum setback from the side and rear property line is four feet.

4. Building Separation. The units or structures involved in an urban lot split may be attached or detached provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. A six-foot separation is required for detached structures.

5. Frontage. Both resulting parcels shall have a minimum frontage of fifty feet. If each parcel cannot accommodate a frontage of fifty feet, then the access strip shall not be less than twenty feet in width.

6. Conjunction with Urban Dwellings. Only structures that meet the requirements of urban dwellings are allowed on urban lot splits.

7. Lot Configuration Standards. Urban lot splits must comply with the Urban Dwelling and Urban Lot Split Configuration Standards adopted by city council resolution and incorporated herein by reference.

8. An easement must be provided over the front parcel to the rear parcel for access to the public right-of-way, providing public services and facilities, maintenance of utilities, and (if required) fire department access.

G. Demolition and Alteration. A proposed urban lot split must 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. Housing that has been occupied by a tenant in the last three years.

H. Disclosures. At the time of sale, a site with an urban dwelling must disclose to the seller:

1. The site must not be used for short-term rentals;

2. The property owner must agree to an unannounced inspection every year for the first three years to ensure the property owner is living on site. The property owner must pay the special inspection fee in the city's fee and fine resolution;

3. The property owner must provide a copy of the restrictive use covenant;

4. The property owner must provide all necessary information to the city required in the annual housing element report; and

5. The site cannot be the subject of future urban lot splits.

(Ord. 1199-23 § 3)

The community development director may deny an application for an urban lot split upon making both of the following findings in writing based upon a preponderance of evidence.

A. The proposal would have significant, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2).

B. There is no feasible method to satisfactorily mitigate or avoid the specific impact.

(Ord. 1199-23 § 3)