Article 37 — Urban Lot Splits and Two-Unit Housing Developments

The intent and purpose of this Article is to provide procedural requirements and objective development standards for Urban Lot Splits and Two-Unit Housing Developments as required by State law. (§ 5, Ord. 1704-NS, eff. November 25, 2022)

Pursuant to California Government Code Sections 66452.6, 65852.21 and 66411.7, the division of land by Urban Lot Split and provisions for Two-Unit Housing Development shall be subject to the standards set forth in this Article. If a conflict occurs between this Article and other provisions of the City of Thousand Oaks Municipal Code Title 9, Chapter 4, the standards within this Article will supersede the standards provided in other Articles of this Chapter. Terms defined within this Article govern the application of these standards and the underlying zoning requirements for qualifying projects. Terms used in this Article have the same meaning as those terms which are used in Title 9- Planning and Zoning, Chapter 4-Zoning, except for those terms specifically defined within this Article. (§ 5, Ord. 1704-NS, eff. November 25, 2022)

The following definitions apply to terms used in this Article.

“Acting in Concert” shall mean taking action in agreement or partnership with another person or entity and shall include, but not be limited to, where the owner of a property proposed for an Urban Lot Split is the same, related to, or connected by partnership to the owner, buyer, or seller (if transferred within the previous three (3) years) of an adjacent lot.

“Demolition” means the deliberate removal, removal and replacement, relocation, or destruction of the frame, including window and door headers, or foundation of any portion of a building or structure. “Protected Tree” shall mean an oak tree, as defined by Sec. 9-4.4202 and a landmark tree, as defined by Sec. 9-4.4302.

“Two-Unit Housing Development” shall mean a housing development consisting of no more than two dwelling units which are developed using the provisions of this Article or the provisions set forth in California Government Code Sections 65852.21 and/or 66411.7.

“Unit” shall mean any single dwelling unit, including but not limited to a primary dwelling unit, an accessory dwelling unit (ADU), a junior dwelling unit (JADU), or any unit created pursuant to this Article.

“Urban Lot Split” means a lot split of an existing, legally created single-family residential lot into two lots that meets the requirements of this Article.

“Usable Open Space” shall mean outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch or terrace designed and accessible for outdoor living and recreation, but excluding parking facilities, driveways, sidewalks, pedestrian paths, utility or service areas, required front or street side yards, any landscaped area not usable for outdoor living or recreation, or areas with slopes greater than five percent (5%).

(§ 5, Ord. 1704-NS, eff. November 25, 2022, as amended by § 1, Ord. 1739-NS, eff. October 10, 2025)

The City shall ministerially process an application for an Urban Lot Split or Two-Unit Housing Development if all of the following qualifications are met:

(a) Applicable Zone: The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single-residential dwelling on a lot.

(b) Affordable Housing or Rental Property Protection. The Urban Lot Split must not require or include the demolition or alteration of any of the following types of housing:

(1) Affordable Units. 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) Ellis Act Units. The parcel subject to the proposed project is not 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.

(3) Rent Controlled Units. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

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

(c) Restricted Land. The property shall not be located, in full or in part, in any of the following areas and shall not fall within any of the following categories:

(1) Historic. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance, respectively.

(2) Farmland. Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).

(3) Wetlands. Wetlands as defined in the United States 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). This shall not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision

(b) of Section 51179, or sites that have 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 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 Substances Control has cleared the site for residential use or residential mixed uses.

A hazardous waste site that is listed pursuant to 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 Substances Control has cleared the site for residential use or residential mixed uses.

(6) Flood Zone. A special flood hazard area subject to inundation by the 1 percent annual chance 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 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. A development may be located on a site described in this subparagraph if either of the following are met:

(i) The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or (ii) The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).

(7) 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 Buildings Standards Commission under the California Building Standards Law and by the city’s Building Division.

(8) Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has 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).

(10) Habitat for Protected Species. 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].

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

(§ 5, Ord. 1704-NS, eff. November 25, 2022, as amended by § 2, Ord. 1739-NS, eff. October 10, 2025)

An application for development of an Urban Lot Split created pursuant to this Article will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this Section and those set forth under Government Code Section 65852.21. If any portion of this Section conflicts with Government Code Section 65852.21, then Government Code Section 65852.21 will govern.

Notwithstanding anything to the contrary set forth in this code, the Community Development Director or designee’s action to grant or deny a parcel map application for an Urban Lot Split is final and not subject to appeal.

The Community Development Director is authorized to develop the forms and procedures for such applications pursuant to the following requirements:

(a) Concurrent Submittal. An Urban Lot Split application may not be accepted except in conjunction with a concurrently submitted application for residential development on the newly created parcel (if the property has an existing residence) or on both parcels (if the property is vacant) unless a Two-Unit Housing Development project has already been approved on the subject property. In instances where both applications have been submitted, a Building Permit shall not be issued for a Two-Unit Housing Development until the Urban Lot Split tentative parcel map is recorded, unless the Two-Unit Housing Development is permissible without the Urban Lot Split and the number of units will not exceed the number of overall units allowed according to Government Code section 66411.7, subd. (j).

(b) Application. The applicant must submit an application for a tentative parcel map in compliance with Title 9, Chapter 3, Article 5. 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 ways in which the application remains incomplete within 30 days after the application is submitted.

(1) An application for an Urban Lot Split shall be considered and approved or denied within 60 days from the date the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.

(2) If the City denies an application for an Urban Lot Split pursuant to subparagraph (1), the City shall, within the time period described in subparagraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(c) Expiration of Approval. An Urban Lot Split approved pursuant to this Section that is not recorded within three (3) years of the date of approval shall expire and become void, except where an extension of time application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of two 24-month periods may be approved by the Community Development Director or designee.

n Lot Split approved pursuant to this Section that is not recorded within three (3) years of the date of approval shall expire and become void, except where an extension of time application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of two 24-month periods may be approved by the Community Development Director or designee.

(d) Public Works Impact & Connection Fees (e.g.: Traffic, Water, Wastewater, Map, Encroachment, Improvements, etc). The newly subdivided lots are separate parcels and therefore shall pay all applicable fees for impacts and connections, as is required with every other residential unit/home.

(e) Required Documentation. In addition to the materials determined necessary to complete a full review of the application by the Community Development Director or designee, the application must include the following:

(1) Indemnification. The individual property owner must agree, as part of the application, to hold the city harmless from all claims and damages related to the approval of a subdivision under this Title and its subject matter and reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Title.

(2) Legal lot. Applicant must submit verification that the existing property is a legal lot at time of filing application.

(3) Homeowners’ Association Notification. If the lot is within the boundaries of a homeowners’ association, the applicant must provide evidence that the homeowners’ association has been notified of the proposed project.

(4) Protected Tree Report. A written statement affirming that there are no protected trees within the vicinity of the project property shall be prepared by a qualified biologist, landscape architect, or certified arborist and provided at the time of submittal. If there are protected trees on or within the vicinity of the project property, a site plan and memorandum prepared by a certified arborist must be provided at the time of submittal.

(i) The site plan shall include the location of all protected trees on or within 15 feet of the property including the common name, size, and an indication as to the protected tree(s) retention or removal, the location of all existing and proposed structures and/or other improvements, distances of structures/improvements to the protected zone of any

protected tree (as defined by Sec. 9-4.4202 “Landmark Tree Preservation and Protection Definitions” and 9-4.4302 “Oak Tree Preservation and Protection Definitions”).

(ii) The memo must include a project description, table of any trees proposed to be encroached upon or removed, as well as any measures recommended by the arborist for the preservation of as many trees as possible. If replacement trees are required for pursuant to Sec. 9-4.3708(h), a planting plan must also be included in the site plan.

(5) Biologist Statement of No Protected Habitat. A written statement affirming that there is no 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] within the vicinity of the project property shall be prepared by a qualified biologist, landscape architect, or other resource expert and provided at the time of submittal. If the presence of any species or habitat for protected species described above is detected on site, the property is not eligible for an Urban Lot Split, pursuant to Sec. 9-4.3704(d)(10).

(f) Affidavit of Compliance. The owner of a lot approved to be split as specified herein shall sign an affidavit in a form approved by the City Attorney to be recorded against the property prior to the issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy stating the following:

(1) That the property is eligible for the Urban Lot Split pursuant to Sec. 9-4.3704-Eligibility.

(2) That the individual property owner (or the beneficiary of a trust that is an individual property owner) intends to occupy one of the housing units on either of the lots created by the Urban Lot Split as their principal residence and legal domicile for a minimum of three (3) years from the date of approval of the Urban Lot Split. This requirement shall not apply when the owner is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code.

• (3) That the primary uses shall be limited to residential uses.

(4) That the rental of any unit created pursuant to Article 37 shall be for a minimum of thirty-one (31) days.

(5) That the maximum number of units to be allowed on the lots is two (2), including, but not limited to, units otherwise allowed pursuant to density bonus provisions, ADUs, and JADUs.

(6) That the property is formed by an Urban Lot Split and is therefore subject to the City’s Urban Lot Split and zoning regulations, including all applicable limits on dwelling size and development found in Title 9, Chapter 4, Article 37.

(7) That the restrictions shall be binding upon any successor in ownership of the property, and this Covenant and Deed Restriction and the applicable provisions of the Thousand Oaks Municipal Code may be enforced by the City of Thousand Oaks.

(§ 5, Ord. 1704-NS, eff. November 25, 2022, as amended by § 3, Ord. 1739-NS, eff. October 10, 2025)

An Urban Lot Split created pursuant to this Article shall comply with the following standards and requirements so long as such standards do not preclude a land division that allows for two units of at least 800 square feet per unit on each resulting lot. However, if the application of an objective standard would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived but only to the extent necessary to allow construction of the affected unit(s) of a size no greater than 800 square feet in floor area:

(a) Exceptions. No Urban Lot Split shall be approved if any of the following apply:

(1) Prior Urban Lot Split. The lot subject to the proposed Urban Lot Split was established through prior exercise of an Urban Lot Split under the provisions of this Section or the provisions set forth in California Government Code

Section 66411.7;

(2) Adjacent Division. Any adjacent lot to the proposed Urban Lot Split was previously subdivided under the provisions of this Section or the provisions set forth in California Government Code Sections 66411.7 by the owner of the subject lot or any person acting in concert with the owner of the subject lot; or

(3) Adverse Impact. The Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(b) Map Compliance. The Urban Lot Split shall conform to all applicable objective requirements of the California Subdivision Map Act and Title 9, Chapter 3-Subdivisions, of the Municipal Code, except as modified by this Article.

(c) Lot Area Minimum. The gross lot area of each newly created lot shall be no smaller than 1,200 square feet.

(d) Two Lots Maximum. The Urban Lot Split may divide a lot of record to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40 percent of the lot area of the original lot.

(e) Two Units Maximum. A maximum of two units will be allowed on each lot created pursuant to this Section or the provisions set forth in California Government Code Section 66411.7, inclusive of ADUs and JADUs.

(f) Lot Dimensions. An Urban Lot Split is not subject to minimum lot width requirements as set forth in this Title. (g) Lot Lines. The resulting lots shall have lot lines of regular geometry which run generally parallel to each other. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment.

(h) Required Yards. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

(i) Grading. No person shall commence or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first having obtained a grading permit. No person shall commence or perform any grading or relocation of earth on land having a natural slope greater than twenty-five (25%) percent.

(j) Hillside Development. Grading on properties within the Hillside Planned Development (H-P-D) H-P-D zone shall be subject to Sec. 9-4.3106(b)-Grading Control (H-P-D).

(k) Development within a Protected Ridgeline Area. Urban lot splits proposed on properties that are located within the Protected Ridgeline Overlay Zone, are subject to the following objective standards:

(1) No new structure or addition to an existing structure shall be placed or constructed, no grading shall occur and, except as to meet fire clearance requirements, no native vegetation shall be removed within three hundred (300') feet horizontally or one hundred (100') feet vertically of the crest of a protected ridgeline unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the development must be sited at the lowest possible elevation.

(2) All buildings shall be setback at least fifty (50') feet from the edge of the finished pad.

(l) Off-site Improvements. The City shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split pursuant to this Article.

• (m) Easements.

(1) The applicant shall provide easements for the provision of public services and facilities as required.

• (2) Each easement must be shown on the tentative parcel map.

(n) Vehicular Access. When an Urban Lot Split is recorded under the provisions of this Section, automobile parking is required, unless the property meets the exceptions listed in Section 9-4.3708(l)(5).

(1) Each lot containing dwelling units created pursuant to this Article shall have existing access, provide new access, or adjoin the public/private residential street right-of-way via the existing or a consolidated vehicular connection.

(2) Vehicular access to a public street or alley or private residential street shall be provided by a driveway that complies with the minimum width, length, slope, materials, and other standards consistent with Public Works Department and Ventura County Fire Department standards. Parked vehicles on a driveway shall not encroach into the Public Right-of-Way.

(3) No new access from an arterial street is permitted in connection with a dwelling unit created pursuant to this Article.

(4) In addition to the standards set forth in this Section, driveways and parking areas must comply with Sec. 9-

4.2404 "General installation requirements of parking areas” unless where in conflict with this section.

(o) Development.

(1) Residential units developed on a lot created pursuant to this Section shall be subject to the provisions of Sections 9-4.3707-Two-Unit Housing Development–Planning Permit and Application Requirements and 9-4.3708Two-Unit Housing Development–Standards and Requirements.

(2) Owner Occupancy. An owner must occupy one lot as their primary residence for a minimum of three (3) years from the date of approval of the final map for the Urban Lot Split. A dwelling unit must exist on the property at time of approval.

(p) Maintenance of Non-Conformities. The City shall not require the correction of nonconforming zoning provisions as a condition of approval for the Urban Lot Split. However, the project may not exacerbate an existing nonconforming building or condition. Unpermitted structures may be required to be permitted or removed as a part of the Urban Lot Split process.

(q) Separate Conveyance 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 all documentation necessary to allocate rights and responsibility between the owners of the two lots. (§ 5, Ord. 1704-NS, eff. November 25, 2022, as amended by § 4, Ord. 1739-NS, eff. October 10, 2025)

An application for development of a Two-Unit Housing Development created pursuant to this Article will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this Section and those set forth under Government Code Section 65852.21. If any portion of this Section conflicts with Government Code Section 65852.21, then Government Code Section 65852.21 will govern.

Notwithstanding anything to the contrary set forth in this code, the Community Development Director or designee’s action to grant or deny a parcel map application for a Two-Unit Housing Development is final and not subject to appeal.

The Community Development Director is authorized to develop the forms and procedures for such applications pursuant to the following requirements:

(a) Application. Whenever a Two-Unit Housing Development is proposed as a project, an application shall be submitted to the Community Development Department on a form provided by said department along with supporting information as required by said department. Only a complete application will be considered. The City will inform the applicant in writing of any ways in which the application remains incomplete within 30 days after the application is submitted.

(1) An application for a proposed housing development pursuant to this section shall be considered and approved or denied within 60 days from the date the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.

(2) If the City denies an application for a proposed housing development pursuant to paragraph (1), the City shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

(b) Expiration of Approval. A Two-Unit Housing Development permit approved pursuant to this Section that allows construction which has not commenced or is not diligently pursued within three (3) years from the date of approval shall expire and become void, unless a time extension application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of two 24 month periods may be approved by the Community Development Director or designee.

(c) Impact fees. Two-Unit Housing Developments shall be subject to paying all applicable development impact fees.

(d) Required Documentation: In addition to the materials determined necessary to complete a full review of the project by the Community Development Director or designee, the application must include the following:

(1) Indemnification. The individual property owner must agree, as part of the application, to hold the city harmless from all claims and damages related to the approval of a project under this Title and its subject matter and reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Title.

(2) Legal Lot. The proposed development must be located on a legally created lot or a proposed Urban Lot Split. (3) Homeowners’ Association Notification. If the lot is within the boundaries of an active homeowners’ association, the applicant must provide evidence that the homeowners’ association has been notified of the proposed project.

(4) Protected Tree Report. A written statement affirming that there are no protected trees within the vicinity of the project property shall be prepared by a qualified biologist, landscape architect, or certified arborist and provided at the time of submittal. If there are protected trees on or within the vicinity of the project property a site plan and memorandum prepared by a certified arborist must be provided at the time of submittal.

(i) The site plan shall include the location of all protected trees on or within 15 feet of the property including the common name, size, and an indication as to the protected tree(s) retention or removal, the location of all existing and proposed structures and/or other improvements, distances of structures/improvements to the protected zone of any protected tree (as defined by Sec. 9-4.4202 “Landmark Tree Preservation and Protection Definitions” and 9-4.4302 “Oak Tree Preservation and Protection Definitions”).

(ii) The memo must include a project description, table of any trees proposed to be encroached upon or removed, as well as any measures recommended by the arborist for the preservation of as many trees as possible. If replacement trees are required for pursuant to Sec. 9-4.3708(h), a planting plan must also be included in the site plan.

(5) Biologist Statement of No Protected Habitat. A written statement affirming that there is no 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] within the vicinity of the project property shall be prepared by a qualified biologist, landscape architect, or other resource expert and provided at the time of submittal. If the presence of any species or habitat for protected species described above is detected on site, the property is not eligible for a Two-Unit Housing Development, pursuant to Sec. 9-4.3704(d)(10).

of the Fish and Game Code] within the vicinity of the project property shall be prepared by a qualified biologist, landscape architect, or other resource expert and provided at the time of submittal. If the presence of any species or habitat for protected species described above is detected on site, the property is not eligible for a Two-Unit Housing Development, pursuant to Sec. 9-4.3704(d)(10).

(e) Affidavit of Compliance. An applicant for a Two-Unit Housing Development, as specified herein shall sign an affidavit in a form approved by the City Attorney to be recorded against the property prior to the issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy stating the following:

(1) That the property is eligible for the Two-Unit Housing Development pursuant to Sec. 9-4.3704-Eligibility. (2) Unless the lot was formed by an Urban Lot Split, the individual property owner (or the beneficiary of a trust that is an individual property owner) of a lot with a proposed project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile for a minimum of three (3) years from the date of approval, if a dwelling unit exists on the lot, or from the date of issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy, if dwelling units are not habitable at the time of approval. This requirement shall not apply when the owner is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code.

• (3) That the primary uses shall be limited to residential uses.

• (4) That the rental of any unit created pursuant to Article 37 shall be for a minimum of thirty-one (31) days.

(5) That the restrictions shall be binding upon any successor in ownership of the property, and this Covenant and Deed Restriction and the applicable provisions of the Thousand Oaks Municipal Code may be enforced by the City of Thousand Oaks.

(6) That, in the event that potentially important cultural resources are found in the course of geologic testing or during construction, the event shall be immediately reported to the Community Development Director, and work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Community Development Department can review this information.

entially important cultural resources are found in the course of geologic testing or during construction, the event shall be immediately reported to the Community Development Director, and work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Community Development Department can review this information.

(7) That, if human bone is discovered during geologic testing or during construction, the event shall be immediately reported to the Community Development Director, work shall immediately cease, and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by telephone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

(§ 5, Ord. 1704-NS, eff. November 25, 2022, as amended by § 5, Ord. 1739-NS, eff. October 10, 2025)

Two-Unit Housing Development projects shall conform to all objective zoning, subdivision, and design standards applicable to the respective residential zoning district in which the project is located, except as expressly provided in this Article. In the event that any such standard conflicts with this Section, this Section shall apply.

(a) Exceptions.

(1) Adverse Impact. No two-unit housing development shall be approved if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(2) Preclusion of Minimum Units.

(i) A Two-Unit Housing Development created pursuant to this Article shall comply with the following standards and requirements so long as the application of such standards would not have the effect of physically precluding the construction of up to two units (each possessing no greater than 800 square feet of floor area) on a single lot.

(ii) If the application of an objective standard would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived only to the extent necessary to allow construction of the affected unit(s) of a size no greater than 800 square feet in floor area.

(iii) If there is a question about the buildability of an 800 square foot unit in a location that meets objective standards, the applicant shall be required to provide evidence of such determination including obtaining concurrence from any other department, division, agency, or professional, as necessary.

• (b) Maximum Number of Units.

(1) Lots Created by Urban Lot Split. A maximum of two (2) units will be allowed on each lot created by an Urban Lot Split or the provisions set forth in California Government Code Section 66411.7, inclusive of ADUs and JADUs.

(2) Lots Not Created by Urban Lot Split. No more than four units shall be allowed on a lot not subject to an Urban Lot Split, inclusive of ADUs and JADUs.

(c) Unit Configuration. The new units in a Two-Unit Housing Development may be permitted in the following configurations, not including the development of new or existing ADUs or JADUs:

• (1) One (1) new unit incorporated entirely within an existing residential unit.

(2) One (1) new unit incorporated entirely within an existing accessory building, including garages.

(3) One (1) new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.

(4) One (1) new unit detached from and located on the same lot as an existing unit. A unit that is attached to another detached accessory building, but not another residential unit, is considered detached.

• (5) Two (2) newly constructed attached units (duplex) or up to two detached residential units on a vacant lot. (d) Height.

(1) No structure containing a dwelling unit may exceed 25 feet in height and be more than two stories, except for those circumstances described in Sec. 9-4.3708(d)(2), below.

(2) The maximum height of a structure containing a dwelling unit may be increased by not more than ten (10') feet provided that the property has two (2) side yards of not less than fifteen (15') feet each and a rear yard of 20 feet. In no event shall such structures exceed three (3) stories or 35 feet.

• (e) Required Yards.

(1) Existing Structures. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

(2) Side and Rear Yards. Except for those circumstances described in Section Sec. 9-4.3708(d)(2), above, the setback for side and rear lot lines shall be four (4) feet.

(3) Front Yards.

(i) The front setback of a property that fronts on a street shall be as set forth by the base district, specific plan, or overlay district regulations. For new flag lots, as defined in Section 9-3.206, created pursuant to this article, the front yard setback shall be four (4) feet.

(ii) On lots fronting and gaining vehicular access from a public or private street, the single-family or duplex residential building entry must face the street or be oriented to within 45 degrees of parallel to the street from which direct vehicular or pedestrian access is gained.

(4) Sight Distance. Intersection and driveway sight distance shall be provided per the applicable City Road Standard Plate. Side and rear yard development, including fencing shall not exceed a height of three (3) feet within the sight distance triangle.

• (f) Architectural Design.

(1) Architectural Design Review. A Two-Unit Housing Development is not subject to architectural design review as set forth in Article 18 of this Chapter.

(2) Storage Area. Private storage area for each dwelling unit must be provided with a minimum of one hundred sixty (160) cubic feet of enclosed storage area, which must be provided in garages, carports or patio areas and in which one dimension must be at least six feet (6').

(3) Entry Area and Cover. Exterior entrances for new units must have a roofed projection or recess with a minimum depth of at least five feet (5') and a minimum horizontal width of six feet (6').

(g) Outdoor/Common Space. Each lot must contain usable, outdoor space of no less than fifteen percent (15%) of the area of each lot and of a regular geometry (e.g., rectangular) intended for common use by all property occupants.

(h) Preservation of Protected Trees. No dwelling unit created pursuant to this Article shall be constructed, or require grading at the time of construction, within the protected zone (as defined by Sec. 9-4.4202 and 9-4.4302) of a protected tree unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the protected tree may be encroached upon or removed if replaced onsite per the recommendations of a City Arborist, on a 1:1 basis, with a thirty-six (36') inch box Quercus agrifolia Live Oak or Quercus lobata Valley Oak. If the replacement tree(s) is unable to be successfully sited onsite, an in-lieu fee will be required per Resolution 2010014.

(i) Lighting. Exterior lighting shall be designed and installed in such a manner that the direct light source is shielded from off-site view.

(j) Vehicular Access.

(1) Each lot containing dwelling units created pursuant to this Article shall have existing access, provide new access, or adjoin the public/private residential street right-of-way via the existing or a consolidated vehicular connection.

(2) Vehicular access to a public street or alley or private residential street shall be provided by a driveway that complies with the minimum width, length, slope, materials, and other standards consistent with Public Works Department and Ventura County Fire Department standards.

(3) No new access from an arterial street is permitted in connection with a dwelling unit created pursuant to this Article.

(4) In addition to the standards set forth in this Section, driveways and parking areas must comply with Sec. 9-

4.2404 “General installation requirements of parking areas” unless where in conflict with this section.

(k) Pedestrian Access. Direct pedestrian access must be provided between the public sidewalk and such primary building entry.

• (l) Parking.

(1) Off-street Parking Required. A minimum of one enclosed parking space with an unencumbered interior width of nine (9') feet and an unencumbered interior depth of twenty (20') feet per primary dwelling unit to remain or be constructed shall be provided, unless the construction of such a structure precludes the construction of the minimum allowed two units of 800 square feet or less, in which case the required parking may be unenclosed.

(i) Detached garages constructed for the purpose of fulfilling this requirement must comply with standards required under Title 9, Chapter 4, Article 25. Height, Yard, Area, and Building Conditions and Exceptions.

(ii) Street-facing garages must not accommodate more than two (2) vehicles side by side and may consist of either one (1) or two (2) garage doors.

(iii) If the garages are attached and provide the one required parking space per primary dwelling unit, they would be considered part of the structure and subject to the setbacks required under Sec. 9-4.3708(e).

(2) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new dwelling unit created pursuant to this Article, at least one

replacement parking space, which shall be enclosed, must be provided for each primary dwelling unit on the property, unless the project is exempt from parking.

(3) Multi-Unit Parking. An enclosed parking structure may serve multiple units on the same lot. Tandem parking within an enclosed parking structure is allowed.

(4) Location. Required parking must be on the same lot as the residential unit served.

(5) Exceptions. No parking requirements shall be imposed in either of the following circumstances:

(i) The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or

(ii) There is a car share vehicle station located within one block of the property.

(m) Grading. No person shall commence or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first having obtained a grading permit. No person shall commence or perform any grading or relocation of earth on land having a natural slope greater than twenty-five (25%) percent.

(n) Hillside Development. Grading on properties within the H-P-D zone shall be subject to Sec. 9-4.3106(b).

(o) Development within a Protected Ridgeline Area. Urban lot splits proposed on properties that are located within the Protected Ridgeline Overlay Zone, are subject to the following objective standards:

(1) No new structure or addition to an existing structure shall be placed or constructed, no grading shall occur and, except as to meet fire clearance requirements, no native vegetation shall be removed within three hundred (300') feet horizontally or one hundred (100') feet vertically of the crest of a protected ridgeline unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the development must be sited at the lowest possible elevation.

(2) No residential structure shall be higher than seventeen (17') feet measured from the finished grade at the center of the building wall to the highest roof elevation and any new dwelling unit, including any garage and accessory structures, shall not exceed, in total, two thousand (2,000) square feet. For existing structures, no alteration or addition to that structure shall raise the height or the elevation of the existing roof.

(3) All buildings shall be setback at least fifty (50') feet from the edge of the finished pad.

(p) Utilities.

(1) Each dwelling unit must have its own direct utility connection to all utility service providers.

(2) Private underground utility services, including municipally supplied water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in a Two-Unit Housing Development. All dwelling units in a Two-Unit Housing Development must be able to connect and shall connect to water, sewer, gas, or electricity services, as needed.

(3) All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a Two-Unit Housing Development project shall be installed underground.

(q) Onsite Wastewater Treatment. Where a residential development proposes to add one or more dwelling units on a parcel currently served by an onsite wastewater treatment system, a written determination from the County Health Department shall be submitted verifying that the existing or proposed system has adequate capacity to support the additional unit. The letter shall have been issued within a maximum of 12 months prior to application submittal. For any development proposed on a vacant parcel that is not connected to a public sewer, a letter from the County Health Department at the time of application shall be submitted confirming that the parcel is eligible for onsite wastewater treatment installation, including percolation testing, system design, minimum lot area, and setbacks, have been met or

can feasibly met, and adequate area for size of dwelling units, and reserve leach field system in accordance with County health standards.

(r) Connected Structures. The City shall not reject an application solely because it proposes an adjacent or connected structure provided that the structure meets building code safety standards and is sufficient to allow a separate conveyance as required by all state and local laws.

(s) All Other Development. Except as modified by this Article, all other nonresidential development on a lot created through the approval of an Urban Lot Split or which contains a Two-Unit Housing Development shall be subject to those regulations required by the base zoning district or overlay district.

(§ 5, Ord. 1704-NS, eff. November 25, 2022, as amended by § 6, Ord. 1739-NS, eff. October 10, 2025)