The purpose of this Article is to provide objective zoning and design standards and procedures for projects developed pursuant to the regulations included in Senate Bill No. 9 (2021) (SB 9), including urban lot splits and development of two residential units within single-family residential zones lots pursuant to Government Code Sections 66411.7 and 65852.21. For the purposes of this Article, the following zones are considered single-family residential zones: RA-S, RA-S-2, R-1. Lot subdivision and development pursuant to this Article does not require discretionary review or a hearing and is considered ministerially.

(Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

Whenever the following terms are used in this Article, they shall have the meanings established by this Section:

Accessory dwelling unit (also "ADU") has the same meaning as set forth in California Government Code Section 65852.2, as amended from time to time.

Junior accessory dwelling unit (also "JADU") has the same meaning as set forth in California Government Code Section 65852.22, as amended from time to time.

(Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

A.

General Standards. All development pursuant to this Article is subject to the following standards:

1.

Eligibility requirements of Government Code Section 65852.21(a) shall be satisfied.

2.

Except where superseded by this Article, development shall comply with the development standards of the zone in which the lot is located and objective standards of the Hidden Hills Community Association Architectural Standards, as may be amended, incorporated by reference.

3.

Development shall comply with all applicable Building and Fire Code standards, including but not limiting to providing water supply capable of supplying required fire flow protection.

4.

All streets, driveways, and other accessways providing access to the development shall meet all applicable health and safety standards, including, but not limited to minimum width and maximum grade requirements and other applicable provisions of the Fire Code.

5.

No residential unit shall be placed such that it is necessary to pass through a flood control easement or storm drain easement to access the unit.

6.

No residential unit shall be located within a restricted use area or restricted development area identified on a subdivision map or assessor's map or within any area encumbered by a recorded easement, including but not limited to, public utility easements, conservation easements, access easements, pedestrian pathway easements, equestrian trail easements, and open space easements.

7.

Grading of slopes greater than 25 percent is prohibited.

8.

Ridgeline development is prohibited.

a.

No new structure or addition to an existing structure in any zone shall be placed or constructed on a ridgeline or within 50 vertical feet or 50 horizontal feet from a ridgeline, as defined in Section 5-2K-2, as measured from the closest point of the structure or addition to the ridgeline, nor shall such structure be placed so that it appears silhouetted against the sky when viewed from existing streets or highways or streets proposed as part of a subdivision or development.

b.

No grading permit may be issued in any zone for the grading of a ridgeline, as defined in Section 5-2K-2, or for grading within 50 vertical feet or 50 horizontal feet from a ridgeline, as defined in 5-2K-2, as measured from the closest point of any grading work.

9.

No tree with a diameter at breast height of four inches or greater shall be removed or have its root zone encroached upon. Grading or other disturbance within the dripline of trees with a diameter at breast height of four inches or greater is prohibited.

10.

No more than 25 percent of the exterior structural walls of an existing dwelling shall be demolished if the dwelling has been occupied by a tenant in the last three years prior to the zoning clearance application.

11.

Where more than 25 percent of the exterior structural walls of an existing dwelling is demolished, the entire structure shall be brought into conformance with the standards of this Section.

12.

New onsite wastewater treatment systems and expansions of onsite wastewater treatment systems are prohibited.

13.

For residential units connected to an onsite wastewater treatment system, a percolation test must have been completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.

14.

All new residential units shall meet the following standards.

a.

No residential unit shall exceed 800 square feet in gross floor area.

b.

No residential unit shall exceed one story.

c.

No residential unit shall exceed a height of 16 feet.

d.

Each residential unit shall have a minimum setback of four feet from side and rear property lines except as allowed by Government Code Section 65852.21.

15.

If there is an existing residential unit on the parcel that exceeds 800 square feet in gross floor area or a height of 16 feet, then the floor area or height of the existing residential unit shall not be increased, and any new residential unit shall meet the standards of this Section.

16.

Additional Standards for Detached Residential Units. If the residential units are detached, then the following additional standards apply:

a.

The units shall be located one in front of the other in relation to the street.

b.

The front unit shall be at least as wide and as tall as the rear unit.

c.

The front unit shall be positioned such that the rear unit is not visible from the street when viewed from directly in front of the property.

17.

Additional Standards for Attached Residential Units. If the residential units are attached, then the following additional standards apply:

a.

One residential unit shall have a door facing the street and one residential unit shall have a door facing the side or rear property line.

b.

The design of the units shall not be symmetrical such that one unit is a mirror image of the other.

18.

Additional Standards for Urban Lot Split Projects. On lots created by an urban lot split pursuant to Section 5-2O-4, the following additional standards apply:

a.

Each lot created by the parcel map shall be used solely for residential uses.

b.

No lot created by the parcel map shall have more than two residential units inclusive of any ADU or JADU.

19.

Off-street parking and driveways shall be provided in accordance with the following standards:

a.

A minimum of one off-street parking space shall be provided for each new residential unit, except that no off-street parking is required if either of the following apply:

i.

The lot is located within one-half mile walking distance of either: (i) a high-quality transit corridor as defined in Public Resources Code Section 21155(b); or (ii) a major transit stop as defined in Public Resources Code Section 21064.3.

ii.

There is a car share vehicle located within one block of the lot.

b.

Where two residential units are located on a single lot, the driveways for each residential unit shall share a single driveway approach.

c.

Any new driveway or driveway extension constructed to serve development pursuant to this Article shall not exceed 12 feet in width, or the minimum necessary to meet Fire Code standards, whichever is greater.

20.

New accessory structures and expansion of existing accessory structures are prohibited.

21.

Exterior materials and design shall match the design of any existing primary dwelling unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.

B.

Exceptions. The Planning Director may approve an exception to any of the standards specified in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area.

(Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

A.

Subdivision standards. An urban lot split pursuant to this Section is subject to the following standards:

1.

Eligibility requirements of Government Code Section 66411.7(a) shall be satisfied.

2.

The urban lot split must comply with all applicable objective requirements of the Subdivision Map Act.

3.

Each lot created by the parcel map shall have a minimum area of 1,200 square feet.

4.

The newly created lots shall not be smaller than 40 percent of the area of the original lot.

5.

Each lot created by the parcel map shall have a minimum street frontage of 20 feet or 40 percent of the street frontage of the original lot, whichever is greater.

6.

Each lot created by the parcel map must adjoin the public right-of-way or otherwise have or provide access to the public right-of-way.

7.

The boundary between the lots created by the parcel map shall be perpendicular to the front lot line.

8.

The original lot shall not be subdivided in a manner that creates a flag lot, stacked lot, or other such arrangement with one lot in front of the other in relation to the street.

9.

The subdivision shall not create the need for any access, utility, or other easements.

10.

All newly created lots shall be connected to public sewer, unless such connection requires an offsite improvement, in which case the newly created lots shall provide a private wastewater system that is fully contained within the new parcel boundaries.

11.

No lot line shall pass through an existing structure.

12.

More than 25 percent of the exterior structural walls of an existing dwelling shall not be demolished if the dwelling has been occupied by a tenant in the last three years.

13.

Separate utility meters shall be provided for each lot prior to recordation.

14.

The subdivision is subject to all impact or development fees related to the creation of a new lot.

15.

Residential units developed on lots created pursuant to this Section are subject to the objective standards set forth in Section 5-2O-3, as applicable.

16.

No lot created by the parcel map shall have more than two residential units inclusive of any ADU or JADU.

17.

Only residential uses are allowed on a lot created pursuant to this Section.

B.

Exceptions. Pursuant to Government Code Section 66411.7(c)(2), the Planning Director may approve an exception to any of the standards specified in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area.

(Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

A property owner seeking to complete an urban lot split, or develop units on a single-family residential property pursuant to the regulations set forth SB 9 and the standards in this Article, shall be subject to the following requirements, which shall be accepted and acknowledged by the property owner by signing and recording a covenant against the property. The covenant shall be in a form approved by the City, shall be recorded with the Los Angeles County Registrar-Recorder, and shall contain the following, as applicable:

A.

That the short term rental, defined as rental for a term less than 31 days, of any units on the site shall be prohibited.

B.

That non-residential uses on the site shall be prohibited.

C.

That any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited. Furthermore, a note on the parcel map shall be applied to all newly created parcels indicating that the parcel was split using the provision of this Article and that no further subdivision of the parcels is permitted.

D.

Except as provided for in state law, including but not limited to Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, that the owner of the property intends to occupy one of the housing units for three years. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; or, if there is no urban lot split three years from the issuance of the Certificate of Occupancy or Building Final and closing of all construction permits pertaining to any new units created pursuant to this Article.

E.

That any new residential unit developed pursuant to this Article shall be income restricted to low and very low-income households. If the residential unit is a rental unit, the covenant shall guarantee the affordability of the rental units for a period of not less than 30 years. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement of any unit that is rented or leased and has resulted from an SB 9 project. If the residential unit is a for sale or owner occupied unit, future sale prices shall be restricted to levels affordable to lower-income households and include procedures for verifying and maintaining compliance with income eligibility requirements. All purchasers of these units shall supply proof of income eligibility to the City Engineer or designee for verification prior to sale and resale. This requirement shall be included in the recorded covenant.

(Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)

A.

All applications for lot splits and SB 9 development using this article shall be processed ministerially through a zoning clearance application without public hearings or discretionary review.

B.

Denial. The Planning Director may deny an urban lot split or zoning clearance upon making the following findings in writing based upon a preponderance of evidence:

1.

The proposed housing development project would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2).

2.

There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

C.

Finality of Decisions. Decisions of the Planning Director administering this Article shall be final and shall not be subject to appeal.

(Ord. No. 379, § 5 (Exh. A), 12-13-21; Ord. No. 384, § 1, 3-13-23)