Sec. 26-359. - Limitations.

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)