Manhattan Beach Municipal Code Ch. 11.40 Urban Lot Splits

The purpose of this chapter is to implement the requirements of Government Code Section 66411.7 to allow an urban lot split for a parcel within a single-family residential zone. Except as expressly provided in this chapter or Government Code Section 66411.7, all other applicable regulations in the Municipal Code and Subdivision Map Act shall apply.

(§ 3, Ord. No. 23-0014, eff. December 19, 2023)

"Flag lot," for purposes of this chapter, means a lot resulting from a subdivision of land wherein the lots or parcels of land are laid out one (1) behind the other, with only one (1) lot or parcel of land (referred to as the front lot) having frontage on a public street, other than a driveway or access easement for the rear lot.

"Primary dwelling unit," for purposes of this chapter, means a single-family residence that is not an ADU or JADU.

"Principal residence," for purposes of this chapter, means the owner-occupied residence on the property.

"Urban lot split," for purposes of this chapter, means a parcel map subdivision permitted pursuant to Government Code Section 66411.7.

(§ 3, Ord. No. 23-0014, eff. December 19, 2023)

A. The parcel is located within the RS Single-Family Residential Zoning District.

B. An urban lot split application shall be submitted and processed in accordance with Title 11 (Subdivisions).

C. The applicant and the property owner shall provide a sworn statement affirming eligibility with the regulations contained in this chapter.

1. The City, at the applicant's expense, may conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement.

D. Applications submitted pursuant to this chapter shall be considered ministerially, without discretionary review or a hearing, consistent with state law.

(§ 3, Ord. No. 23-0014, eff. December 19, 2023)

Urban lot splits shall comply with Government Code Section 66411.7 and the following standards:

A. Parcel Size. The resulting parcels shall not be smaller than forty percent (40%) of the existing parcel proposed for subdivision and must be at least one thousand two hundred (1,200) square feet in area.

B. Number of Units Permitted.

1. Any lot created by an urban lot split pursuant to this chapter shall be limited to a maximum of two (2) units, inclusive of Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU).

2. The maximum number of units permitted on a lot may be any combination of primary dwelling units, ADUs, or JADUs, provided that the total permitted number of units per lot is not exceeded, and is subject to the limitations on the development of ADUs and JADUs found in Chapter 10.74 (Accessory Dwelling Units).

C. Additional Requirements.

1. The width of any lot resulting from an urban lot split shall not be less than twenty (20) feet wide.

2. New driveways proposed for parcels created by an urban lot split on interior lots without alley access are limited to a maximum width of ten (10) feet if the proposed frontage of the new parcel is thirty (30) feet or less.

3. Required parking shall be accessed via an alley for a parcel abutting an alley.

4. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or a through lot.

5. The parcel map shall demonstrate the ability to access the public right-of-way in perpetuity, and state it is for the purpose of an urban lot split in accordance with Government Code Section 66411.7.

6. Notwithstanding any provision of Government Code Section 66411.7 or any local law, the urban lot split shall not require demolition or alteration of any of the following types of housing:

a. 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.

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

D. Separate Conveyance.

1. Within the resulting lot: Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

2. Between the 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 the lots 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 CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots.

E. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the City Attorney prior to recordation of the parcel map, placing the following restrictions on the property, the property owner, and all successors in interest:

1. Non-residential uses on the site shall be prohibited except as allowed by Section 10.52.070;

2. Short-term rentals for periods less than thirty (30) days of any units on the site shall be prohibited;

3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited;

4. Access to the public right-of-way/alley shall be maintained in perpetuity;

5. All required parking shall be maintained;

6. Except as provided in Government Code Section 66411.7 for community land trusts and qualified non-profit corporations, the owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one (1) of the housing units as their principal residence for at least three (3) years from the date of the approval of the urban lot split; and

7. The property owner and all successors in interest shall maintain the properties in accordance with all applicable Government Code Section 66411.7 requirements and restrictions.

F. Denial. The Community Development Director may deny an application for an urban lot split pursuant to Government Code section 66411.7 by making the following findings in writing based upon a preponderance of evidence:

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

2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(§ 3, Ord. No. 23-0014, eff. December 19, 2023)