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 Division. 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;
(3) Flag Lot. The lot created by an Urban Lot Split shall result in a flag lot; or
(4) 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 or the physical environment and 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 fromany 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.
(1) 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) Vehicular access to a public/private street or alley shall be provided by a driveway that complies with the minimum width, slope, materials, and other standards as required by the latest Public Works street design standards and Ventura County Fire Department.
(2) Shared Access. Landlocked lots created by an Urban Lot Split shall have an access easement over the other lot on the same map. The easement shall be wide enough to provide adequate vehicular access per (1), above, and must connect to the same curb cut and apron as the other lot on the same map.
(o) Development.
(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)