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ATTY/ORD.0014/CC ORD ENGINEERING AND TRANSPORTATION CODE UPDATES – EXHIBIT C <br />REV: 11-18-25 LR <br />Page 6 of 7 <br />c. A parcel or parcels on which an owner of residential real property <br />has exercised the owner's rights under the Ellis Act to remove a <br />rental unit from the market within the last fifteen (15) years before <br />the date the development proponent submits an application. <br />d. Housing that has been occupied by a tenant in the last three (3) <br />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 <br />Section 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 <br />for a minimum of three (3) years from the date of the approval of the urban <br />lot split, except that this requirement shall not apply to an applicant that is a <br />“community land trust” as defined in Revenue and Tax Code Section 402.1, <br />or a “qualified nonprofit corporation” as described in Revenue and Tax Code <br />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 <br />the property proposed for an urban lot split shall sign an affidavit, in the form <br />approved by the City Attorney, stating that none of the conditions listed in <br />subsection (P)(1) above exist and shall provide a comprehensive history of <br />the occupancy of the unit(s) to be altered or demolished for the past three <br />(3) years. The owner and applicant shall also sign an affidavit, in a form <br />approved by the City Attorney, stating that neither the owner nor the <br />applicant, nor any person acting in concert with the owner or applicant, has <br />previously subdivided an adjacent parcel using the procedures for an urban <br />lot split outlined in this Section. <br />5. Recorded Covenant: <br />a. Prior to the approval and recordation of the parcel map, the applicant <br />shall record a restrictive covenant and agreement in a form <br />prescribed by the City Attorney, which shall run with the land and <br />provide for the following: <br />1. A prohibition against further subdivision of the parcel using <br />urban lot split procedures as provided for in this Section; and <br />2. A limitation restricting the property to residential uses only; and