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ORDINANCE NO. 1739-NS
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS MUNICI PAL CODE RELATING
TO THE REGULATION OF URBAN LOT SPLITS AND
TWO-UNIT HOUSING DEVELOPMENTS (SB 9
UNITS) BY UPDATING TITLE 9, CHAPTER 4,
ARTICLE 37, SECTIONS 9-4.3703 THROUGH 9-
4.3708 TO IMPLEMENT ADOPTED STATE LAW
(MCA-2023-70010)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
Title 9, Chapter 4, Section 9-4.3703 Defi nition of Terms is amended to read as follows:
The following definitions apply to terms used in this Article. “Acting in Concert” shall mean taking action in agreement or partnership with another person or entity and shall include, but not be limited to, where the owner of a property proposed for an Urban Lot Split is the same, related to, or connected by partnership to the owner, buyer, or seller (if transferred within the previous three (3) years) of an adjacent lot.
“Demolition” means the deliberate removal, removal and replacement, relocation, or destruction of the frame, including window and door headers, or foundation of any portion of a building or structure.
“Protected Tree” shall mean an oak tree, as defined by Sec. 9-4.4202 and a landmark tree, as defined by Sec. 9-4.4302.
“Two-Unit Housing Development” shall mean a housing development consisting of no more than two dwel ling units which are developed using the provisions of this Article or t he provisions set forth in California Government Code Sections 65852.21 and/or 66411.7.
“Unit” shall mean any single dwelling unit, including but not limited to a primary dwelling unit, an accessory dw elling unit (ADU), a junior dwelling unit (JADU), or any unit created pursuant to this Article.
“Urban Lot Split” means a lot split of an existing, legally created single-family residential lot into two lots that meets the requirements of this Article.
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“Usable Open Space” shall mean outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch or terrace designed and accessible for outdoor living and recreation, but excluding parking facilities, driveways, sidewalks, pedestrian paths , utility or service areas, required front or street side yards, any landscaped area not usable for outdoor living or recreation, or areas with slopes greater than five percent (5%).
Part 2
Title 9, Chapter 4, Section 9-4.3704 Eligibility is amended to read as follows:
Sec. 9-4.3704 Eligibility
The City shall ministerially process an application for an Urban Lot Split or Two-Unit Housing Development if all of the following qualifications are met:
(a) Applicable Zone: The lot is in a si ngle-family residential zone. For purposes of this section, a single-family re sidential zone is a zone where the only residential use that is allowed as a primary use is a single-residential dwelling on a lot.
(b) Affordable Housing or R ental Property Protection. The Urban Lot Split must not require or include the demolition or alteration of any of the following types of housing:
(1) Affordable Units. 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) Ellis Act Units. The parcel subj ect to the proposed project is not a parcel on which an owner of resident ial real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to wi thdraw accommodations from rent or lease within 15 y ears before the date t hat the development proponent submits an application.
(3) Rent Controlled Units. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (4) Rental Units. Housing that has be en occupied by a tenant in the last three (3) years.
(c) Restricted Land. The property shall not be located, in full or in part, in any of the following areas and shall not fall within any of the following categories:
(1) Historic. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance, respectively.
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(2) Farmland. Prime farmland or fa rmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B). (3) Wetlands. Wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(4) Fire Zone. A very high fire hazard severity zone as further defined in Government Code Section 65913.4(a)(6 )(D). This shall not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Sect ion 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigati on measures applicable to the development.
(5) Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances C ontrol pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared t he site for residential use or residential mixed uses.
(6) Flood Zone. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this Section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
(ii) The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).
(7) Earthquake Fault Zone. A delineated earthquake fault zone as determined by the State Geologist in any offici al maps published by the State Geologist, unless the development complies with applicable seismic protection building code st andards adopted by the California Buildings Standards Commission under the California Building Standards Law and by the city’s Building Division.
(8) Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able
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to satisfy all applicable federal qualif ying criteria in order to provide that the site satisfies this subpar agraph and is otherwise eligible for streamlined approval under this Sect ion, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
(9) Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural res ource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I). (10) Habitat for Protected Specie s. 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 Califor nia Endangered Species Act [Chapter 1.5 (commencing with Section 2050) of Div ision 3 of the Fish and Game Code], or the Native Plant Protec tion Act [Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code]. (11) Conservation Easement. Lands under a conservation easement.
Part 3
Title 9, Chapter 4, Section 9-4.3705 Ur ban Lot Split - Planning Permit and Application Requirements is hereby amended to read as follows:
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 require ments set forth in this Se ction and those set forth under Government Code Section 65852.21. If any portion of this Section conflicts with Government Code Section 65852.21, t hen Government Code Section 65852.21 will govern.
Notwithstanding anything to the contrary set forth in this code, the Community Development Director or designee’s ac tion 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 application may not be accepted except in conjunction with a concu rrently 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. In instances where both applications have been
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submitted, a Building Permit shall not be issued for a Two-Unit Housing Development until the Urban Lot Split tentative parcel map is recorded, unless the Two-Unit Housing Development is permissible without the Urban Lot Split and the number of units will not exceed the number of overall units allowed according to Government Code section 66411.7, subd. (j). (b) Application. The applicant must subm it 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 ways in which the applic ation remains incomplete within 30 days after the application is submitted.
(1) An application for an Urban Lot Split shall be considered and approved or denied within 60 days from the dat e the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved. (2) If the City denies an application for an Urban Lot Split pursuant to subparagraph (1), the Cit y shall, within the ti me period described in subparagraph (1), return in writi ng a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) Expiration of Approval. An Urban Lot Split approved pursuant to this Section that is not recorded within three (3) years of the date of approval shall expire and become void, except where an ex tension of time application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of two 24-month periods may be approved by the Comm unity Development Director or designee.
(d) Public Works Impact & Connection Fees (e.g.: Traffic, Water, Wastewater, Map, Encroachment, Improvements, et c). 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 the 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
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evidence that the homeowners’ association has been notified of the proposed project.
(4) Protected Tree Report. A written statement affirming that there are no protected trees within the vicinity of the project property shall be prepared by a qualified biologist, l andscape architect, or certified arborist and provided at the time of submittal. If th ere 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 lo cation of all protected trees on or within 15 feet of t he property including t he 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 st ructures/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 proj ect description, table of any trees proposed to be encroached upon or removed, as well as any measures recommended by the arbor ist 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 Habita t. A written statement affirming that there is no habitat fo r 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 Ac t [Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code], or the Native Plant Protection Act [Chapter 10 (c ommencing 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, landscape architect, or other resource ex pert and provided at the time of submittal. If the presence of an y 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.
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(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 creat ed by the Urban Lot Split as their principal residence and legal domicile for a minimum of three (3) years from the date of approval of the Urban Lot Split. This requirement shall not apply when the owner is a “communi ty 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, uni ts otherwise allowed pursuant to density bonus provisions, ADUs, and JADUs.
(6) That the property is formed by an Urban Lot Split a nd 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 Cov enant and Deed Restriction and the applicable provisions of the Thou sand Oaks Municipal Code may be enforced by the City of Thousand Oaks.
Part 4
Title 9, Chapter 4, Section 9-4. 3706 Urban Lot Split - Standards and Requirements is hereby amended to read as follows:
An Urban Lot Split created pursuant to this Article shall comply with the following standards and requirements so l ong 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 applicati on 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 uni t(s) of a size no greater than 800 square feet in floor area:
(a) Exceptions. No Urban Lot Split sha ll be approved if any of the following apply:
(1) Prior Urban Lot Split. The lot s ubject 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 pr ovisions of this Section or the
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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; or
(3) Adverse Impact. The Building Offici al makes a written finding, based upon a preponderance of the evidenc e, 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 for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(b) Map Compliance. The Urban Lot Split shall conf orm to all applicable objective requirements of the Califor nia 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 ar ea 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 approxim ately 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 t he 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 hav e lot lines of regular geometry which run generally parallel to each other. Ne w lot lines must be straight lines, unless there is a conflict with exis ting 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 from any grading site without first having obtained a grading permit. No person shall commence or perform any gradi ng or relocation of earth on land having a natural slope greater than twenty-five (25%) percent. (j) Hillside Development. Grading on pr operties 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 Ridge line Area. Urban lo t 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
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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.
(l) Off-site Improvements. The City sha ll not impose regulati ons 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 easem ents 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) Each lot containing dwelling units created pursuant to this Article shall have existing access, provide new access, or adjoin the public/private residential street right-of-way vi a the existing or a consolidated vehicular connection.
(2) Vehicular access to a public street or alley or private residential street shall be provided by a driveway that complies with the minimum width, length, slope, materials, and other standards consistent with Public Works Department and Ventura C ounty Fire Department standards.
Parked vehicles on a driveway sha ll not encroach into the Public Right-of-Way.
(3) No new access from an arterial street is permitted in connection with a dwelling unit created pursuant to this Article.
(4) In addition to the standards set fo rth in this Section, driveways and parking areas must comply with Se c. 9-4.2404 "General installation requirements of parking areas” unle ss where in conflict with this section.
(o) Development.
(1) Residential units developed on a lo t created pursuant to this Section shall be subject to the provisions of Sections 9-4.3707-Two-Unit Housing Development–Planni ng Permit and Application
Requirements and 9-4. 3708-Two-Unit Housing Development– Standards and Requirements.
(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 Sp lit. A dwelling unit must exist on the property at time of approval.
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(p) Maintenance of Non-Conformities. T he City shall not require the correction of nonconforming zoning provisions as a condition of approval for the Urban Lot Split. However, the project ma y not exacerbate an existing non- conforming building or condition. U npermitted structures may be required to be permitted or removed as a part of the Urban Lot Split process. (q) Separate Conveyance Between Result ing Lots. Separate conveyance of the resulting lots is permitted. If dw ellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may s eparate them for convey ance purposes if the structures meet buildi ng 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.
Part 5
Title 9, Chapter 4, Section 9-4. 3707 Two-Unit Housing Development – Planning Permit and Application Require ments is hereby amended to read as follows:
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 Sect ion 65852.21. If any portion of this Section conflicts with Government C ode Section 65852.21, then Government Code Section 65852.21 will govern.
Notwithstanding anything to the contra ry set forth in this code, the Community Development Director or design ee’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 submi tted to the Community Development Department on a form provided by sa id 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 ways in which the application remains inco mplete within 30 days after the application is submitted.
(1) An application for a proposed housing development pursuant to this section shall be considered and approved or denied within 60 days from the date the City receives a completed application. If the City has
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not approved or denied the completed application within 60 days, the application shall be deemed approved.
(2) If the City denies an application for a proposed housing development pursuant to paragraph (1), the City shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defecti ve or deficient and a description of how the application can be remedied by the applicant. (b) Expiration of Approval. A Two-Un it Housing Development permit approved pursuant to this Section that allows construction which has not commenced or is not diligently pursued within thre e (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 two 24 month periods may be approved by the Comm unity Development Director or designee.
(c) Impact fees. Two-Unit Housing Devel opments 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. A written statement affirming that there are no protected trees within the vicinity of the project property shall be prepared by a qualified biologist, l andscape architect, or certified arborist and provided at the time of submittal. If t here 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 lo cation of all protected trees on or within 15 feet of t he property including t he 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 st ructures/improvements to the protected zone of any protected tree (as defined by Sec. 9-4.4202
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“Landmark Tree Preservation and Protection Definitions” and 9-
4.4302 “Oak Tree Preservation and Protection Definitions”). (ii) The memo must include a proj ect description, table of any trees proposed to be encroached upon or removed, as well as any measures recommended by the arbor ist 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 Habita t. A written statement affirming that there is no habitat fo r 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 Ac t [Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code], or the Native Plant Protection Act [Chapter 10 (c ommencing 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, landscape architect, or other resource ex pert and provided at the time of submittal. If the presence of an y 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 affi davit in a form approved by the City Attorney to be recorded against the property prior to the issuance of a Final Building Inspection Approval, Tempor ary Certificate of Occupancy, or Certificate of Occupancy stating the following:
(1) That the property is eligible fo r 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 propos ed project must occupy one of the dwellings on the lot as the ow ners’ 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 sha ll not apply when the owner is a “community land trust” or a “qualif ied 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.
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(5) That the restrictions shall be binding upon any successor in ownership of the property, and this Cov enant 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 potentiall y important cultural resources are found in the course of geologic test ing or during construction, the event shall be immediately report ed to the Community Development Director, and work shall immedi ately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Co mmunity 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 Secti on 7050.5 of the California Health and Safety Code shall be follow ed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, th e 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.
Part 6
Title 9, Chapter 4, Section 9-4. 3708 Two-Unit Housing Development - Standards and Requirements is hereby amended to read as follows:
Two-Unit Housing Devel opment projects shall c onform to all objective zoning, subdivision, and design standards applicable to the respective residential zoning district in which the project is located, except as expressly provided in this Article. In the event that any such standard conflicts with this Section, this Section shall apply.
(a) Exceptions.
(1) Adverse Impact. No two-unit housing development shall be approved if 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 for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(2) Preclusion of Minimum Units.
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(i) A Two-Unit Housing Developmen t created pursuant to this Article shall comply with the following standards and requirements so long as the application of such standards would not have the effect of physically precluding the construction of up to two units (each possessing no greater than 800 square feet of floor area) on a single lot.
(ii) If the application of an objecti ve 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 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. (iii) If there is a question about the buildability of an 800 square foot unit in a location that meets objective standards, the applicant shall be required to provide evidence of such determination including obtaining concurrence from any other department, division, agency, or professional, as necessary.
(b) Maximum Number of Units.
(1) Lots Created by Urban Lot Split. A maximum of two (2) units will be allowed on each lot created by an Urban Lot Split or the provisions set forth in California Government Code Section 66411.7, inclusive of ADUs and JADUs.
(2) Lots Not Created by Urban Lot Split. No more than four units shall be allowed on a lot not subject to an Urban Lot Split, inclusive of ADUs and JADUs.
(c) Unit Configuration. T he new units in a Two-Unit Housing Development may be permitted in the following configurations, not including the development of new or existing ADUs or JADUs:
(1) One (1) new unit incorporated ent irely within an existing residential unit.
(2) One (1) new unit incorporated enti rely within an existing accessory building, including garages.
(3) One (1) new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.
(4) One (1) new unit detached from and located on the same lot as an existing unit. A unit that is atta ched to another detached accessory building, but not another residential unit, is considered detached. (5) Two (2) newly constructed atta ched units (duplex) or up to two detached residential units on a vacant lot.
(d) Height.
(1) No structure containing a dwellin g unit may exceed 25 feet in height and be more than two stories, e xcept for those circumstances described in Sec. 9-4.3708(d)(2), below.
(2) The maximum height of a structure containing a dwelling unit may be increased by not more than ten (10') feet provided that the property has two (2) side yards of not less than fifteen (15') feet each and a
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rear yard of 20 feet. In no event shall such structures exceed three (3) stories or 35 feet.
(e) Required Yards.
(1) Existing Structures. No setback shall be required for an existing structure, or a structure construct ed in the same location and to the same dimensions as an existing structure.
(2) Side and Rear Yards. Except fo r those circumstances described in Section Sec. 9-4.3708(d)(2), above, t he setback for side and rear lot lines shall be four (4) feet.
(3) Front Yards.
(i) The front setback of a property t hat fronts on a street shall be as set forth by the base district, spec ific plan, or overlay district regulations. For new flag lots, as defined in Section 9-3.206, created pursuant to this article, the front yard setback shall be four (4) feet.
(ii) On lots fronting and gaining vehicular access from a public or private street, the single-family or duplex residential building entry must face the street or be oriented to within 45 degrees of parallel to the street from which direct vehicular or pedestrian access is gained.
(4) Sight Distance. Intersection and driveway sight di stance shall be provided per the applicable City Road Standard Plate. Side and rear yard development, including fencing shall not exceed a height of three (3) feet within the sight distance triangle.
(f) Architectural Design.
(1) Architectural Design Review. A Two-Unit Housing Development is not subject to architectural design review as set forth in Article 18 of this Chapter.
(2) Storage Area. Privat e storage area for each dw elling unit must be provided with a minimum of one hundr ed sixty (160) cubic feet of enclosed storage area, which must be provided in garages, carports or patio areas and in which one dimension must be at least six feet (6').
(3) Entry Area and Cover. Exterior entrances for new units must have a roofed projection or recess with a mini mum depth of at least five feet (5') and a minimum horizontal width of six feet (6').
(g) Outdoor/Common Space. Each lot mu st contain usable, outdoor space of no less than fifteen percent (15%) of t he area of each lot and of a regular geometry (e.g., rectangular) intended for common use by all property occupants.
(h) Preservation of Protec ted Trees. No dwelling unit created pursuant to this Article shall be constructed, or require grading at the time of construction, within the protected zone (as defined by Sec. 9-4.4202 and 9-4.4302) of a protected tree unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the protected tree may
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be encroached upon or removed if replaced onsite per the recommendations of a City Arborist, on a 1:1 basis, with a thirty-six (36’) inch box Quercus agrifolia Live Oak or Quercus lobata Valley Oak. If the replacement tree(s) is unable to be succe ssfully sited onsite, an in-lieu fee will be required per Resolution 2010-014.
(i) Lighting. Exterior lighting shall be designed and installed in such a manner that the direct light source is shielded from off-site view. (j) Vehicular Access.
(1) Each lot containing dwelling units created pursuant to this Article shall have existing access, provide new access, or adjoin the public/private residential street right-of-way vi a the existing or a consolidated vehicular connection.
(2) Vehicular access to a public street or alley or private residential street shall be provided by a driveway that complies with the minimum width, length, slope, materials, and other standards consistent with Public Works Department and Ventura County Fire Department standards. (3) No new access from an arterial street is permitted in connection with a dwelling unit created pursuant to this Article.
(4) In addition to the standards set fo rth in this Section, driveways and parking areas must comply with Sec. 9-4.2404 “General installation requirements of parking areas” unle ss where in conflict with this section.
(k) Pedestrian Access. Direct pedestrian a ccess must be provided between the public sidewalk and such primary building entry.
(l) Parking.
(1) Offstreet Parking Required. A minimum of one enclosed parking space with an unencumbered interior wid th of nine (9') feet and an unencumbered interior depth of twenty (20') feet per primary dwelling unit to remain or be construc ted shall be provided, unless the construction of such a structure precludes the construction of the minimum allowed two units of 800 s quare feet or less, in which case the required parking may be unenclosed.
(i) Detached garages constructed fo r the purpose of fulfilling this requirement must comply with st andards required under Title 9, Chapter 4, Article 25. Height, Yard, Area, and Building Conditions and Exceptions.
(ii) Street-facing garages must not accommodate more than two (2) vehicles side by side and may consist of either one (1) or two (2) garage doors.
(iii) If the garages are attached and provide the one required parking space per primary dwelling unit, they would be considered part of the structure and subject to the setbacks required under Sec. 9-
4.3708(e).
(2) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to
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construct a new dwelling unit created pur suant to this Article, at least one replacement parking space, whic h shall be enclosed, must be provided for each primary dwelling unit on the property, unless the project is exempt from parking.
(3) Multi-Unit Parking. An enclosed parking structure may serve multiple units on the same lot. Tandem parking within an enclosed parking structure is allowed.
(4) Location. Required parking must be on the same lot as the residential unit served.
(5) Exceptions. No parking requirements shall be imposed in either of the following circumstances:
(i) The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or
(ii) There is a car share vehicle station located within one block of the property.
(m) 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 from any grading site without first having obtained a grading permit. No person shall commence or perform any gradi ng or relocation of earth on land having a natural slope greater than twenty-five (25%) percent. (n) Hillside Development. Grading on proper ties within the H-P-D zone shall be subject to Sec. 9-4.3106(b).
(o) Development within a Protected Ridge line Area. Urban lo t 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) No residential structure shall be higher than seventeen (17') feet measured from the finished grade at the center of the building wall to the highest roof elevation and any new dwelling unit, including any garage and accessory structures, s hall not exceed, in total, two thousand (2,000) square feet. For existing structures, no alteration or addition to that structure shall rais e the height or the elevation of the existing roof.
(3) All buildings shall be setback at least fifty (50') feet from the edge of the finished pad.
(p) Utilities.
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(1) Each dwelling unit must have its own direct utility connection to all utility service providers.
(2) Private underground utility services , including municipally supplied water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in a Two-Unit Housing Development. All dwelling units in a Two-Unit Housing Development must be able to connec t and shall connect to water, sewer, gas, or electricity services, as needed.
(3) All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a Two-Unit Housing Developm ent project shall be installed underground.
(q) Onsite Wastewater Treatment. Wher e a residential development proposes to add one or more dwelling units on a parcel currently served by an onsite wastewater treatment system, a wri tten determination from the County Health Department shall be submitted verifying that the existing or proposed system has adequate capacity to support the additional unit. The letter shall have been issued within a maximum of 12 months prior to application submittal. For any development propos ed on a vacant parcel that is not connected to a public sewer, a letter from the County Health Department at the time of application shall be subm itted confirming that the parcel is eligible for onsite wastewater treatm ent installation, including percolation testing, system design, minimum lot area, and setbacks, have been met or can feasibly met, and adequate area for size of dwelling units, and reserve leach field system in accordance with County health standards. (r) Connected Structures. The City sha ll not reject an application solely because it proposes an adjacent or connec ted structure provided that the structure meets building code safety standards and is sufficient to allow a separate conveyance as required by all state and local laws. (s) All Other Development. Except as m odified by this Article, all other non- residential development on a lot creat ed through the approval of an Urban Lot Split or which contains a Two- Unit Housing Development shall be subject to those regulations required by the base zoning district or overlay district.
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Part 7
(Uncodified)
Severability
If any section, subsection, clause, or phr ase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would hav e been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Part 8
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED this xx
th day of xxx, 2025 by the following vote:
Ayes:
Noes:
Absent:
______ __________________________
David Newman, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_____________________________
Laura B. Maguire, City Clerk
Date Attested: _________________
APPROVED AS TO FORM:
Office of the City Attorney
_____________________________
Tracy M. Noonan, City Attorney
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APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
Introduced: August 26, 2025
Published: September 2, 2025 and
Ordinance No.: 1739-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.