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 incompleteness within 30 days after the application is submitted.
(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 12 months 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. 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 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.
(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)