Division 2 — GENERAL PROVISIONS

Sec. 26-296. - Definitions.

Definitions related to this article can be found in article I division 4.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-297. - Application.

The regulations set forth in this article shall apply to all subdivisions or parts thereof within the City of West Covina and to the preparation of subdivision maps thereof and to other maps or certificates provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the City of West Covina shall be made and each such map or certificate shall be prepared and presented for approval as hereafter provided for and required.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-298. - Deviations.

Whenever any parcel of land is of such size, design, or shape, or subject to such title limitations of records, or is subject to such topographical conditions or such dominating drainage problems that it is impossible, or impractical in the particular case to conform fully to the provisions of this chapter, the City Engineer may recommend such deviation as may be necessary or expedient to the proper development of the subject property as allowed by state law. In each case of deviation, the City Engineer shall transmit to the Community Development Director or designee with the parcel map and to the Planning Commission with the tentative tract map a written report setting forth each deviation recommended and the reasons therefor.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 43, 3-18-25)

Sec. 26-299. - Conformance to City standards.

A subdivision or division of land shall conform to the following City standards and requirements:

(a)

All adopted General Plan elements and specific area plans.

(b)

The master plan of streets.

(c)

Standard Specifications for Public Works Construction.

(d)

City Engineer's standard drawings.

(e)

Any applicable City ordinances and resolutions.

(f)

Lot standards as contained in this Code.

(1)

Frontage on street. All lots in the subdivision shall have a minimum twenty (20) feet of frontage on a street except that on other than R-1 and/or R-A zoned land an alternate minimum twenty (20) feet wide permanent access easement may be utilized subject to approval of the Planning Commission and/or City Council. Documents necessary to implement an approved permanent access easement shall be subject to review and approval of the City Attorney and shall be recorded concurrently with the final map or parcel map.

(2)

Lot dimensions. Lot dimensions shall conform to the standards of development as contained in chapter 26 of this Code or other official plans adopted pursuant to law. Irregularly shaped lots shall be subject to individual approval by the City.

(3)

Jurisdictional boundary lines. No lot shall be divided by a county, City or school district boundary line.

(4)

Lot side lines. Lot side lines shall be approximately at right angles or radial to the street center line.

(5)

Use of flag lots. The standards in this subsection shall only apply to residential flag lots. Residential flag lots may be permitted through a parcel map or tentative subdivision map when they comply with the standards in this section, in addition to any other applicable City standards:

a.

Limitation on number of residential flag lots. Flag lots shall not be approved where alternative designs are feasible. To avoid an over-concentration of residential flag lots in any one (1) neighborhood, residential flag lots shall not be allowed where approval of a proposed subdivision would result in flag lots comprising greater than one (1) or ten (10) percent of the number of lots in the immediate neighborhood (whichever is greater). Lots in the immediate neighborhood shall be defined as all lots which would be created by a proposed subdivision plus all residentially-zoned lots lying wholly or partially within three hundred (300) feet of the proposed subdivision.

b.

Where a subdivision proposes more than one (1) flag lot a flag lot shall not be located adjacent to another flag lot.

c.

Flag lots must have a minimum of twenty (20) feet of frontage on a street. The lot(s) located between the primary portion of the flag lot and the street shall have the minimum feasible depth required to comply with the requirements of chapter 26 of this Code. The accessway serving an infill residential flag lot shall not be included when calculating the required area of that lot.

(6)

Cul-de-sacs. Minimum street frontage of thirty-three (33) feet.

(g)

Any subdivision that results in a lot without direct access to and from a public street shall dedicate a separate parcel as a private street maintained by the homeowners association. Private streets shall comply with all applicable standards listed in chapter 19, article VIII of this Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-300. - Information package for prospective purchases of subdivided land.

In addition to the subdivision report prepared by the state real estate commissioner, the owner, their agent or the subdivider of a residential subdivision containing five (5) or more single-family residences or condominium units shall prepare or cause to be prepared a package of information for distribution to prospective purchasers of homes or units in the subdivision containing the following information:

(a)

The zoning applicable to the property being subdivided and to contiguous property.

(b)

The text of the land use element of the City's General Plan which is applicable to the subdivision and to contiguous property.

(c)

The location of existing and proposed schools which the children of purchasers of property within the subdivision may be expected to attend.

(d)

A copy of any conditions, covenants and restrictions which are applicable to property within the subdivision.

(e)

Any additional information deemed necessary or appropriate to fully inform prospective purchasers of property within the tract of the conditions which exist within the tract and within contiguous areas.

(f)

The owner, his agent or the subdivider shall submit the proposed package of information to the director of planning of the City of West Covina for approval as to form and content. The Community Development Director or their designee may require amendments or the addition of information to the package. A copy of the package as finally approved shall be filed with the director of planning prior to its distribution.

(g)

Sales agents of the owner or the subdivider shall deliver a copy of the package of information to each prospective buyer of property within the subdivision, and prior to accepting a deposit on any such property the sales agent shall require the prospective buyer to sign a receipt acknowledging that a copy of the package of information has been delivered to him. The recipient shall contain the sales agent's name, the owner or developer's name, the lot and tract number, the date of the delivery of the information package, and the purchaser's printed name and signature.

(h)

Within ten (10) days after the close of escrow on the initial sale of any residence or condominium in the tract, the owner, the developer, or his agent shall file a copy of the receipt for the package of information with the Community Development Director or their designee of the City of West Covina.

(i)

The provisions of this section shall be applicable to the initial sale of residences or condominium units in existing tracts or developments, as well as to all tracts or developments hereafter approved within the City of West Covina.

(j)

The provisions of this section shall not require the furnishing of any information to a prospective purchaser of property which is contained in the subdivision report prepared by the state real estate commissioner.

(k)

The failure of any owner, subdivider or sales agent to obtain the approval of the Community Development Director or their designee of the information package before selling property within the tract or the failure to deliver the package of information and to obtain a receipt therefor from prospective buyers of property shall constitute a misdemeanor punishable in the manner and to the extent provided by law.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)