The intent and purpose of this chapter is to provide objective zoning standards for two-unit developments and urban lot splits within single-family residential zones, to implement the provisions of state law as reflected in Cal. Gov’t Code §§ 65852.21 et seq. and §§ 66411.7 et seq., and to facilitate the development of new residential dwelling units consistent with the City's General Plan and ensure sound standards of public health and safety. If there are any conflicts between this chapter and Cal. Gov’t Code §§ 65852.21, 66411.7, and 66452.6, then the state law preempts any local law.
(Ord. 1242, passed 8-15-23)
For the purposes of this chapter, the following words, terms, and phrases shall have the following meanings.
INDIVIDUAL PROPERTY OWNER. A natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. INDIVIDUAL PROPERTY OWNER does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Cal. Revenue and Taxation Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Cal. Revenue and Taxation Code § 214.15).
SINGLE-FAMILY RESIDENTIAL ZONE. A single-family residential zone includes the R-1 (Single-Family Residential District), E4 (Residential Estate District), and RA (Residential Agricultural) zoning districts and any property within a Specific Plan area or PC District (Planned Community District) area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiple-family dwelling is not a permitted or conditionally permitted use.
URBAN LOT SPLIT. The ministerial review of a tentative parcel map and the subsequent final parcel map to subdivide one lot into two lots within a single-family residential zone or within a specific plan development area implementing a single-family residential zone pursuant to Cal. Government Code § 66411.7.
(Ord. 1242, passed 8-15-23)
A proposed housing development containing no more than two dwelling units within a single-family residential zone or within a specific plan development area implementing a single-family residential zone, and/or a parcel map for an urban lot split, shall be considered through ministerial review, without discretionary review or a hearing, if the proposed two-unit development and/or urban lot split meet all of the following requirements:
A. The proposed development shall not be located on any lot identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.
B. Notwithstanding any provision of this Section, the proposed housing development would 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. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
4. Housing that has been occupied by a tenant in the last three years.
C. The development is not located within a historic district or property included on the National Register of Historic Places, Buildings, or Structures; the California State Resources Inventory; the Orange County Historic Register; or the Brea Historic Resources Register.
D. The parcel has not been established through prior exercise of an urban lot split as provided for in this Section.
(Ord. 1242, passed 8-15-23; Am. Ord. 1247, passed 3-19-24)
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