Westlake Village Municipal Code Art. 10 Subdivision Regulations

Footnotes:

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Editor's note— Ord. No. 293-2022, adopted June 8, 2022, amended Article 10 in its entirety to read as set out herein. Former Article 10, §§ 10.1.005—10.1.040, pertained to similar subject matter. Historical notations have been retained for reference purposes.

Title 21, Subdivisions, of the Los Angeles County Code as amended and in effect on March 28, 2022 (Los Angeles County Code Supplement 132, Update 3, codified through Ordinance No. 2022-0011), is hereby adopted by reference as the Subdivision Ordinance of the City of Westlake Village. No subdivisions shall be built, and no building permit shall be issued for any subdivision, that is in conflict with, or in violation of, the Subdivision Ordinance. References in Title 21 of the Los Angeles County Code to "hearing officer", "planning commission", or "advisory agency", shall mean and refer to the City Council of the City of Westlake Village or the Council's designee.

(Article 10, Subdivision Ordinance was renumbered from Article IX, Chapter 2, by Ordinance No. 132, September 22, 1993.)

(Ord. No. 132, Renumbered, 09/22/93, Article 9, Chapter 2; Ord. No. 293-2022, § 2, 6-8-2022)

Notwithstanding the provisions of Section 10.1.005 of this Article, Section 21.32.200 of Chapter 21.32 of Title 21 of the Los Angeles County Code is hereby amended to read as follows:

21.32.200. Bridge and Thoroughfare Construction Fees.

A. A fee may be assessed as a condition of approval of a final map or building permit for the purpose of defraying the cost of constructing bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares in the City in accordance with the provisions of this Section.

B. A fee shall be assessed for the purposes set forth in paragraph A with respect to bridges, bridge crossings and thoroughfares identified in the Circulation Element of the Westlake Village General Plan. The Circulation Element identifies railways, freeways, streams, and canyons for which bridge crossings are required and identifies major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.

C. Fees shall be assessed through establishment of an area of benefit as defined in Section 66484 of the California Government Code and pursuant to the provisions and requirements contained therein. Establishment of an area of benefit shall be preceded by a duly noticed public hearing. Notice shall be given containing preliminary information relating to the boundaries of the area of benefit, estimated cost of the project, and method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at such proceedings.

D. At the public hearing the City Council may, after considering testimony and protests received, establish the boundaries of the area of benefit, the actual or estimated costs of the project, and a fair method of allocation of costs to the area and apportionment of costs. Such action shall be by resolution of the Council, which shall be recorded with the Los Angeles County Recorder.

E. The fees established by such resolution shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or issuance of a building permit for such property or portion thereof. If the area of benefit includes lands not subject to the payment of fees pursuant to this Section, the City shall make provision for payment of the share of improvement costs apportioned to such lands from other sources.

F. No fees shall be required pursuant to this Section unless the major thoroughfare being proposed is in addition to, or a reconstruction of, any existing major thoroughfare serving the area at the time of adoption of the area of benefit. No fees shall be required pursuant to this Section unless the planned bridge facility is an original bridge serving the area or an addition to an existing bridge facility serving the area of the time of adoption of the area of benefit.

G. Written protests against formation of an area of benefit under this Section may be filed with the City Clerk up until the time set for commencement of the public hearing. In the event that written protests are received from owners of more than one-half of the area of the property to be benefitted by the project, and sufficient protests are not withdrawn so as to reduce the area of protests to less than one-half of that to be benefitted, the proceedings shall be abandoned and shall not be commenced for the same improvement under this Section for at least one year. Protests may be withdrawn in writing at any time prior to the conclusion of the public hearing.

H. Consideration in lieu of fees may be accepted if determined by the Council to be appropriate or necessary.

I. This Section shall be administered in accordance with the provisions of Government Code Section 66484, as amended.

(Ord. No. 132, Renumbered, 09/22/93, Article 9, Chapter 2; Ord. No. 293-2022, § 2, 6-8-2022)

Chapter 22.170 Lot Line Adjustments, of Title 22 Planning and Zoning, of the Los Angeles County Code as in effect on March 28, 2022 (Los Angeles County Code Supplement 132, Update 3, codified through Ordinance No. 2022-0011), is hereby adopted by reference and shall govern lot line adjustments in the City of Westlake Village. Notwithstanding the foregoing, Chapter 22.170 of Title 22 of the Los Angeles County Code is hereby amended to read as follows:

Chapter 22.170 - LOT LINE ADJUSTMENTS

22.170.010 Applicability.

Lot Line Adjustments provide a process to adjust the lot line between two or more existing adjacent lots, where the land taken from one lot is added to an adjacent lot and where a greater number of lots than originally existed are not thereby created.

22.170.020 Application and Review Procedures.

A. Application Checklist. The application submittal shall contain all materials required by the Lot Line Adjustment checklist established by the Planning Director.

B. Ministerial Review. The application shall be filed and processed by the Planning Director as a ministerial application in the same manner as a Zoning Clearance consistent with Westlake Village Municipal Code Section 9.4.040.

22.170.030 Development Standards.

Lot Line Adjustments shall conform to the following development standards:

A. The lot design, frontage, access, and similar standards shall be consistent with applicable provisions contained in Article 9 of the Westlake Village Municipal Code and in Title 21 of the County Code, as amended in Article 10 of the Westlake Village Municipal Code.

B. Any change in access, lot configuration, or orientation of structures, easements, or utilities to lot lines will not, in the opinion of the Planning Director, result in any burden on public services or materially affect the property rights of any adjacent owners.

C. The lots to be adjusted are eligible for unconditional certificates of compliance under the provisions of the Subdivision Map Act and Title 21 of the County Code, as amended in Article 10 of the Westlake Village Municipal Code.

D. The adjusted lot configurations will be in accord with established neighborhood lot design patterns and will not violate any statute, ordinance, regulation, or good planning practice.

E. If any of the lots to be adjusted are improved with a structure requiring a building permit, the applicant shall provide an inspection report from the Building and Safety Division of Public Works certifying that changes in lot lines will not violate any ordinances or regulations administered by such department. Public Works shall collect any fees required for this service.

22.170.040 Post-Decision Actions and Regulations.

A. If the application is approved, the Planning Director shall cause to be recorded a certificate of compliance containing the descriptions of the lots as they will exist after adjustment. If the application is denied, the Planning Director shall report this in writing to the applicant, citing the reasons for denial.

B. If the application is approved, the Lot Line Adjustment shall be reflected in a deed or record of survey which shall be recorded by the applicant.

(Ord. No. 132, Renumbered, 09/22/93, Article 9, Chapter 2; Ord. No. 293-2022, § 2, 6-8-2022)

Notwithstanding the provisions of Section 10.1.005 of this Title, the Subdivision Ordinance is amended by adding the following: Tentative tract map, parcel map and other subdivision approvals under this Article shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (App. November 30, 1989) relating to siting and siting criteria for hazardous waste facilities, as the same may be amended from time to time.

(Ord. No. 132, Renumbered, 09/22/93, Article 9, Chapter 2; Ord. No. 293-2022, § 2, 6-8-2022)

Notwithstanding the provisions of Section 10.1.005 of this Title, the Subdivision Ordinance is amended by adding the following:

The City Council may, as part of a fee schedule resolution, establish deposit requirements as necessary or appropriate to defray the expense incurred by the City in utilizing consultant firms to assist with processing of particular categories of applications. A deposit submitted pursuant to the fee schedule shall be used solely to defray the expense incurred by the City in utilizing consultant firms to assist with processing the subject application.

(Ord. No. 227-13, § 4, 10-23-2013; Ord. No. 293-2022, § 2, 6-8-2022)

A. Purpose. This Section provides objective subdivision standards for urban lot splits with development of two (2) residential units on single-family residential zone lots pursuant to Government Code Sections 66411.7 and 65852.21. Lot subdivision pursuant to this Section does not require discretionary review or a hearing and is approved ministerially through a parcel map application.

B. Applicability.

1. This Section applies to single-family residential zone lots that have not been established through prior exercise of an urban lot split pursuant to this Section and Government Code Section 66411.7. For the purposes of this Section, the following zones are considered single-family residential zones: R-1, RPD-4, RPD-56, RPD-126, RPD-153, RPD-169, RPD-284, and RPD-481.

2. This Section does not permit an urban lot split if an owner of a lot or any person acting in concert with the owner of such lot has previously subdivided an adjacent lot pursuant to this Section and Government Code Section 66411.7.

C. Subdivision Standards. An urban lot split pursuant to this Section is subject to the following standards.

1. Eligibility requirements of Government Code Section 66411.7(a) shall be satisfied.

2. Each lot created by the parcel map shall have a minimum area of one thousand two hundred (1,200) square feet.

3. The newly created lots shall not be smaller than forty (40) percent of the area of the original lot.

4. Each lot created by the parcel map shall have frontage on a public street unless the original lot has frontage on a private street.

5. The original lot shall not be subdivided in a manner such that the boundary between the newly created lots passes through an existing structure that is not being demolished for the project.

6. More than twenty-five (25) percent of the exterior structural walls of an existing dwelling shall not be demolished if the dwelling has been occupied by a tenant in the three (3) years prior to the urban lot split application.

D. Exceptions. The Planning Director shall approve an exception to any of the standards specified in this Section upon determining that complying with the standard would physically preclude the construction of up to two (2) residential units or would physically preclude either of the two (2) residential units from being eight hundred (800) square feet in floor area.

E. Denial. The Planning Director may deny an urban lot split upon making both of the following findings in writing based upon a preponderance of evidence.

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

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

F. Owner Occupancy Affidavit. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the Planning Director's approval of an urban lot split shall not be effective until the property owner submits an executed affidavit stating that the property owner intends to occupy one of the residential units as a principal residence for a minimum of three (3) years from the date of the approval of the urban lot split.

G. Short-term Rental Restrictive Covenant. The Planning Director's approval of an urban lot split shall not be effective until the property owner submits an executed restrictive covenant prohibiting short term rental of a residential unit created pursuant to this Section. The restrictive covenant shall prohibit rental for a period less than thirty-one (31) days, shall be in a form approved by the City Attorney, and shall be recorded with the Los Angeles County Registrar-Recorder.

H. Finality of Decisions. Decisions of the Planning Director administering this Section shall be final and shall not be subject to appeal.

(Ord. No. 289-21, § 3, 1-12-2022)