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 lot 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.
(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 incompleteness within 30 days after the application is submitted.
(c) Expiration of Approval. An Urban Lot Split approved pursuant to this Section that is not recorded within two (2) 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 one (1) year 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 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. If there are no protected trees within the vicinity of the project property, a memorandum stating such shall be prepared by a 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, or 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. 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)