The provisions of this chapter are applicable to all parcels created pursuant to California Government Code Section 66411.7, otherwise known as Senate Bill 9. Urban lot splits provide a streamlined process for subdividing an existing single-family zoned lot into two new parcels.
(Ord. 515 § 10, 2023)
The community development director or their designee shall review an application for an urban lot split. The community development department shall determine if the application meets the eligibility requirements for an urban lot split. Upon approval of a ministerial urban lot split application, the city engineer shall cause to be recorded a map of the approved urban lot split.
(Ord. 515 § 10, 2023)
A parcel map for an urban lot split made pursuant to California Government Code Section 66411.7 shall conform with the following:
A. 
Location. The parcel being subdivided shall:
1. 
Be located within a single-family residential zone (O-S, A-E, R-A, R-E, R-L, and R-1);
2. 
The parcel satisfies the requirements specified in subparagraphs B to K, inclusive, of paragraph 6 of subdivision (a) of Government Code Section 65913.4, as generally described below:
a. 
Not be located within a very high fire hazard severity zone, unless the parcel otherwise satisfies standards indicated in Government Code Sections 65913.4(a)(6)(D) and 66411.7(a)(3)(C),
b. 
Not be located within a mapped 100 year floodplain, wetland, recorded open space easement, mapped creek or river, regulated floodway,
c. 
Not in either prime farmland or farmland of statewide importance,
d. 
Not be located within a designated hazardous waste site,
e. 
Not be located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district,
f. 
Not within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless standards can be achieved as described in Government Code Section 65913.4(6)(F),
g. 
Not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or other adopted natural resource protection plan, or
h. 
Not be located on land protected by a conservation easement.
B. 
The parcel proposed for an urban lot split shall not have been formed through a previous parcel map for an urban lot split.
C. 
Eligibility. A parcel 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 shall not be eligible for an urban lot split. Further, a parcel is not eligible for an urban lot split if the subdivision would require demolition or alteration of:
1. 
Housing that is subject to any form of rent or price control;
2. 
A parcel containing a unit that was withdrawn from the rental market through an Ellis Act eviction at any time in the last 15 years; or
3. 
Housing that has been occupied by a tenant in the last three years.
D. 
Number of Parcels. No more than two parcels may be established through a parcel map for an urban lot split pursuant to this chapter.
E. 
Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner may have previously subdivided an adjacent parcel through an urban lot split.
(Ord. 515 § 10, 2023)
A. 
Lot Size. The new parcels shall be of approximately equal parcel area. In no instance shall a parcel be smaller than 40% of the lot area of the original parcel proposed for subdivision, or smaller than 1,200 square feet, whichever is greater.
B. 
Public Right-of-Way Access. All lots created or altered with an urban lot split shall provide access or adjoin to an adjacent public right-of-way. The access way shall meet the development standard outlined in Zoning Code Section 17.32.100.
C. 
A minimum 10 foot wide direct access corridor or easement shall be required when parcels do not adjoin the public right-of-way.
D. 
Additional access requirements, including, but not limited to, a wider access corridor or easement, may be required where necessary to provide adequate access for fire safety equipment as determined by the fire marshal.
E. 
Easements. Easements may be required to convey public utilities, access, and other services.
F. 
Utilities. Parcels created through an urban lot split shall have separate sewer, water and electrical utility services.
G. 
The application of any subdivision standard that would physically prevent the development of two units of at least 800 square feet on either of the resulting parcels shall be waived. No modification or other discretionary action shall be required.
H. 
All other development standards contained within Titles 16 and 17 that do not conflict with Government Code Section 66411.7.
(Ord. 515 § 10, 2023)
A. 
Urban Lot Split. The applicant for an urban lot split shall first submit for urban lot split approval from the planning division. The planning division shall determine whether the request meets the eligibility requirements for an urban lot split.
B. 
Final Parcel Map. Upon approval of an urban lot split, the applicant shall file a final parcel map with the city engineer pursuant to Chapter 16.32.
C. 
An urban lot split application shall follow the processing procedures for a final parcel map as set forth in Chapter 16.32, except for as provided in this chapter.
D. 
Effective Date and Time Limits.
1. 
Expiration of Urban Lot Split. Urban lot split approval of an urban lot split for which a final parcel map has not been recorded as a final map shall expire within 24 months of the date of approval.
2. 
Applicants shall be required to resubmit for urban lot split approval from the planning division if a final map has not been recorded within 24 months of the initial urban lot split approval.
E. 
Fees. Fees associated with an urban lot split application shall be consistent with fees associated with a lot line adjustment or as updated by the fee schedule in place at the time of permitting.
(Ord. 515 § 10, 2023)
A. 
The community development department shall prepare written notice to the record owners of all property adjacent to/within 300 feet of the exterior boundaries of the property on which the subdivision is proposed.
B. 
The notice shall be mailed to the last known name and address of such owners as shown on the latest available equalized assessment roll of the county assessor.
C. 
The notice shall identify:
1. 
The location of the property;
2. 
The nature of the proposed subdivision;
3. 
Contact information for the applicant;
4. 
Contact information for the community development department; and
5. 
The following statement: "This Notice is sent for informational purposes only and does not confer a right on the noticed party or any other person to comment on the proposed project. Approval of this project is ministerial, meaning the City of Moorpark has no discretion in approving or denying the project if it complies with all legal requirements. Approval of this project is final and not subject to appeal."
D. 
The notice shall be sent no fewer than 30 days after urban lot split approval of the urban lot split. Urban lot split applications that include a two-unit development shall follow the noticing requirements for the two-unit development (Section 17.28.020(H)(14), Standards related to dwellings).
E. 
A final parcel map for an urban lot split shall not be recorded until such time as the above noticing has been completed.
(Ord. 515 § 10, 2023)
A. 
Units Allowed. A maximum of two units may be located on a lot created through an urban lot split, inclusive of accessory dwelling units and junior accessory dwelling units.
B. 
Further Subdivision. Further subdivision of a parcel established through an urban lot split shall be prohibited. A restrictive covenant shall be recorded on each lot created through an urban lot split prohibiting further subdivision in perpetuity.
C. 
Owner Occupancy. The applicant for an urban lot split shall sign an affidavit stating that they intend to occupy one of the dwelling units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.
D. 
Short-Term Rentals Prohibited. Units created pursuant to this chapter shall be rented or leased for a term longer than 30 days. A covenant shall be recorded against title to any property developed pursuant to this chapter restricting rental or lease of any unit on the property for a term longer than 30 days.
E. 
The correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of an urban lot split.
F. 
Setbacks. Setbacks for a unit or units on a parcel created through an urban lot split shall be as set forth in Section 17.28.020(H) of the Zoning Code.
(Ord. 515 § 10, 2023)
If any provision of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this chapter which can be implemented without the invalid provision or application and to this end the provisions of this chapter are declared to be severable.
(Ord. 515 § 10, 2023)