Division 7 — REVERSIONS TO ACREAGE

A parcel map may be filed pursuant to the provisions of the Subdivision Map Act for the purpose of reverting to acreage land previously subdivided and consisting of four (4) or less contiguous parcels under the same ownership. The filing of the map shall constitute legal reversion to acreage of the land affected thereby and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map shall also constitute a merger of the separate parcels not divided by streets into one (1) parcel. A certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The processing fee for processing a reversion to acreage shall be equivalent to the processing fee for a parcel map as established from time to time by resolution of the City Council.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Dedications or offers of dedication of land for streets, highways, or easements necessary for public health and safety or a prerequisite to the orderly development of the surrounding area shall be required as a condition of reverting to acreage land previously subdivided.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 8. - LOT LINE ADJUSTMENTS

Any person requesting approval of a lot line adjustment shall submit to the City Engineer the following:

(a)

A detailed sketch to scale of not less than one (1) inch equals fifty (50) feet of the existing and proposed lot lines for each of the parcels. Existing building structures shall be delineated on the sketch with dimensions shown to the lot line being adjusted. Lot areas before and after the proposed lot line adjustment shall be

indicated on the sketch. Legal descriptions of the existing and proposed parcels shall be filed with the detailed sketch.

(b)

A notarized written request for the proposed lot line adjustment from all property owners involved and parties of interest.

(c)

The fee for processing as set from time to time by resolution of the City Council.

(d)

For lot line adjustments between five (5) or more existing adjoining parcels , after review and determination by the City Engineer and Community Development Director or their designee that the proposed lot line adjustment is in conformance with the General Plan, applicable specific plans, the Subdivision Map Act and this chapter, the City Engineer will submit the proposed lot line adjustment to the City Council for approval by resolution, and recordation thereof with the county recorder.

(e)

For lot line adjustments between four (4) or less existing adjoining parcels, after review and determination by the City Engineer and Community Development Director or their designee that the proposed lot line adjustments in conformance with the General Plan, applicable specific plans, the Subdivision Map Act and this chapter, the City Engineer will submit the proposed lot line adjustment for recordation thereof with the county recorder.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 9. - LOT MERGER

Pursuant to the provisions of California Government Code Section 66499.20.3, a merger and certificate of merger of existing adjoining parcels of real property under common ownership may be authorized by the City Engineer and filed for record by the county recorder only where the City Engineer makes all of the following findings:

(a)

The merger will not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments;

(b)

The boundaries of the parcels to be merged are well-defined in existing recorded documents or filed maps and were legally created or have certificates of compliance issued on them;

(c)

The merger will not alter the exterior boundary of the parcels to be merged;

(d)

The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel;

(e)

All parties having any record title interest in the real property affected have consented to the merger upon a form and in a manner approved by the City Engineer, excepting all those interests that are excepted from the requirement to consent to the preparation and recordation of final maps under the provisions of California Government Code Section 66436 and according to the terms, provisions, reservations and restrictions provided therein for such consent;

(f)

All necessary fees and requirements, including a fee for recording the document have been provided;

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-352. - Concurrent filing of record of survey.

Where a record of survey is deemed to be necessary by the City Engineer or the applicant in order to monument and define the boundaries of the merged parcel, such record of survey, otherwise in compliance with all requirements, may be filed at the same time as the merger and certificate of merger.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-353. - Merger of parcels.

The filing of the merger and certificate of merger for record shall constitute a merger of the separate parcels into one (1) parcel for the purpose of the Subdivision Map Act and local ordinances enacted pursuant thereto, and the parcels shall thereafter be treated in all respects as a single parcel.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-354. - Recording of merger without approval prohibited.

No person shall record a document merging separate legal parcels into a single legal parcel for the purposes of the Subdivision Map Act and local Ordinances enacted pursuant thereto except in conformity with the provisions of this chapter.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 10. - CERTIFICATE OF COMPLIANCE

Sec. 26-355. - Certificate of compliance.

(a)

Any owner of real property or a vendee of such person pursuant to a contract of sale of such real property may request in writing that the City Engineer make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and City ordinances enacted pursuant thereto, or that such real property does not comply with the provisions, and the City Engineer shall so notify the owner thereof setting forth the particulars of such compliance or noncompliance. If the subject real property is found to be in compliance with the Subdivision Map Act and City ordinances enacted pursuant thereto, the City Engineer shall cause a certification of compliance relative to such real property to be filed for record with the county recorder.

(b)

If the subject real property is found not to be in compliance with the Subdivision Map Act and City ordinances enacted pursuant thereto, the City Engineer may issue a notice of violation or a conditional certificate of compliance. When issuing a conditional certificate of compliance, the City Engineer may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest in the property and which had been established at such time by the Subdivision Map Act or City ordinances enacted pursuant thereto. Upon making such a determination and establishing such conditions, the City Engineer shall cause a conditional certification of compliance setting forth such conditions to be filed for record with the county recorder, fulfillment and implementation of the conditions shall be required prior to the subsequent issuance of a permit or grant of approval for development of the property, but compliance with such conditions shall not be required until such time as a building permit or granting permit is issued by the City.

(c)

A certificate of compliance shall be used for the following purposes:

(1)

For the recordation of a waiver of a parcel map.

(2)

To determine compliance with the Subdivision Map Act and of the City of West Covina Subdivision Regulations, upon the application of any person owning real property or a vendee of that person pursuant to a contract sale.

(3)

To establish a violation of or correction of a violation of the Subdivision Map Act and of City of West Covina Subdivision Regulations.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 11. - PARCEL MAPS FOR URBAN LOT SPLITS

Sec. 26-356. - Purpose and definitions.

The purpose of this article is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7. For purposes of this article, the following definition shall apply:

Urban lot split means a lot split of a single-family residential lot into two (2) parcels that meets the requirements of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-357. - Ministerial approval.

The City shall ministerially approve a parcel map for a lot split that meets the following requirements or as required by state law:

(a)

The parcel is located within a single-family residential (R-1) zone.

(b)

The parcel map divides an existing parcel to create no more than two (2) new parcels of approximately equal lot area, provided that one (1) parcel shall not be smaller than forty (40) percent of the lot area of the original parcel.

(c)

Both newly created parcels are no smaller than one thousand two hundred (1,200) square feet.

(d)

The parcel is not located in any of the following areas and does not fall within any of the following categories:

(1)

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 landmark or historic property or district pursuant to a City ordinance.

(2)

A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

(3)

A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code

standards adopted by the California Building Standards Commission under the California Building Standards Law and by the City's building division.

(e)

The proposed lot split would not require demolition or alteration of any of the following types of housing:

(1)

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)

Housing that is subject to any form of rent or price control by the City;

(3)

A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date of the application; or

(4)

Housing that has been occupied by a tenant in the last three (3) years.

(f)

The lot split does not create more than two (2) units on a parcel, including any accessory dwelling units or junior accessory dwelling units.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-358. - Standards and requirements.

The following requirements shall apply:

(a)

The lot split conforms to all applicable objective requirements of the Subdivision Map Act and The City of West Covina Subdivision Standards, except as the same are modified by this section.

(b)

Setbacks.

(1)

Existing structures. 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.

(2)

Side and rear setback for new structures and additions. The minimum setback from the side and rear property line is four (4) feet. The proposed residential unit(s) occupying an urban lot subdivision may be constructed directly along the side property line adjoining and attached to the unit within the same urban lot split subdivision, if the construction of an 800-square-foot unit would not be physically possible without the setback reduction.

(3)

Front setback for new structures and additions. The minimum setback from the front property line is twenty-five (25) feet.

a.

The front setback may be reduced if the construction of an 800-square-foot unit would not be physically possible without the front setback reduction after the implementation of subsection (b)(2) of this section is incorporated with the project design.

(c)

The applicant shall provide easements for the provision of public services and facilities as required.

(d)

All lots shall have a minimum street frontage of twelve (12) feet to provide for vehicular access.

(e)

Walls facing any modified setback and walls for any new structure shall meet the fire-rating and opening requirements in the California Building Code.

(f)

Only structures that comply with the requirements of urban dwellings, as set forth in article IV, division 4 shall be allowed on lots created by this process.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The City shall not require or deny an application based on any of the following:

(a)

The City shall not 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.

(b)

The City shall not impose any objective subdivision standards that would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet.

(c)

The City shall not require the correction of nonconforming zoning provisions as a condition for the lot split.

(d)

The City shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-360. - Affidavit.

An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:

(a)

That the applicant intends to occupy one (1) of the housing units as their principal residence for a minimum of three (3) years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.

(b)

That the uses shall be limited to residential uses.

(c)

That any rental of any unit created by the lot split shall be for a minimum of thirty-one (31) days.

(d)

That the site is not eligible for any street parking permits.

(e)

That the maximum number of units to be allowed on the parcels is two (2), including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to article IV, division 4 (urban dwelling units) of this Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-361. - Building official denial.

The City may deny the lot split 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 Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-362. - Inapplicability of article.

This article shall not apply to:

(a)

Any parcel which has been established pursuant to a lot split in accordance with this article; or

(b)

Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this article. For purposes of this section, "acting in concert" 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.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 12. - CONDOMINIUM CONVERSION

Sec. 26-363. - Conversion to condominium.

(a)

Any building or structure proposed to be converted from residential rental housing to a condominium shall require a conditional use permit and shall be found by the Planning Commission to be in substantial conformance with Section 66427.1 (Subdivision Map Act) and the West Covina General Plan and applicable sections of the Municipal Code.

(b)

The structural, electrical, fire, and life safety systems of the structure either are, or are proposed to be prior to the sale of the units, in a condition of good repair and maintenance, including such alterations or repairs as are required by the building official.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

All tenants occupying a unit shall be given written notice of the proposed conversion pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act) and a nontransferable right of first refusal to purchase the occupied unit at the same or at better terms than those offered to the general public. Such right of first refusal shall be effective for a period of not less than ninety (90) days from the date at which such units are offered for sale to the public, as described in California Government Code

Section 66427.1. The tenant may waive any such right by executing a written notice to that effect or by terminating his or her tenancy and vacating the unit without acting on the right.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)