West Covina Municipal Code § 26-362 Inapplicability of article

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)

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)

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)

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)

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)

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)