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ATTY/ORD.0010/CC ORD AMENDING MUNI CODE CH.18, 27A, 30 – EXHIBIT C <br />REV: 09-17-24 VR <br />Page 64 of 65 <br />iii. A parcel or parcels on which an owner of residential real property has <br />exercised the owner's rights under the Ellis Act to remove a rental unit from <br />the market within the last fifteen (15) years before the date the development <br />proponent submits an application. <br />iv. Housing that has been occupied by a tenant in the last three (3) years. <br />2. If an existing dwelling unit is proposed to be demolished, the applicant shall <br />comply with the replacement housing provisions of Government Code Section <br />66300(d). <br />3. Owner Occupancy. The applicant shall sign an affidavit stating the applicant <br />intends to occupy one (1) of the housing units as their principal residence for a <br />minimum of three (3) years from the date of the approval of the urban lot split, except <br />that this requirement shall not apply to an applicant that is a "community land trust" <br />as defined in Revenue and Tax Code Section 402.1, or a "qualified nonprofit <br />corporation" as described in Revenue and Tax Code Section 214.15. <br />4. Additional Affidavit. If the application for urban lot split proposes to alter or <br />demolish any existing housing on the parcel to be subdivided, the owner of the <br />property proposed for an urban lot split shall sign an affidavit, in the form approved <br />by the City Attorney, stating that none of the conditions listed in subsection (P)(1) <br />above exist and shall provide a comprehensive history of the occupancy of the unit(s) <br />to be altered or demolished for the past three (3) years. The owner and applicant shall <br />also sign an affidavit, in a form approved by the City Attorney, stating that neither the <br />owner nor the applicant, nor any person acting in concert with the owner or applicant, <br />has previously subdivided an adjacent parcel using the procedures for an urban lot <br />split outlined in this Section. <br />5. Recorded Covenant. <br />i. Prior to the approval and recordation of the parcel map, the applicant shall <br />record a restrictive covenant and agreement in a form prescribed by the City <br />Attorney, which shall run with the land and provide for the following: <br />1. A prohibition against further subdivision of the parcel using urban lot <br />split procedures as provided for in this Section; and <br />2. A limitation restricting the property to residential uses only; and <br />3. A requirement that any dwelling units on the parcel may be rented or <br />leased only for a period longer than thirty (30) days.