§ 9128.82. Second Primary Units and Two (2) Unit

Developments - Ministerial Review – Standard for Denial – Courtesy Notice.

• A. Notwithstanding any other provision of this Code, an application for a second primary unit or a two (2) unit development shall be considered ministerially, without discretionary review or a hearing, and shall be approved if it meets all of the requirements in CMC § 9128.81 through § 9128.88 .

• B. An application for a second primary unit or a two (2) unit development shall be reviewed by the Director.

• C. The decision of the Director may be appealed in accordance with CMC § 9173.4 .

• D. Notwithstanding subsection (A) of this Section, the City may deny an application for a second primary unit or two (2) unit development if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed second primary unit or two (2) unit development would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2) , upon 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.

• E. At least seven (7) days prior to making a determination on an application for a second primary unit or two (2) unit development, the Director shall mail a courtesy notice to the owner(s) of each property immediately adjacent to the property where the proposed development will be located informing the owner(s) of the submitted application.

• (Ord. 22-2210 § 10)