§ 9128.83. Second Primary Units and Two (2) Unit Developments - Requirements.

Proposed second primary units and two (2) unit developments:

• A. Shall be located in an RS zoning district;

• B. Shall not be located on a parcel that is any of the following, as more particularly described and defined in Government Code Sections 65913.4(a)(6)(B) through (a)(6)(K) :

  1. Prime farmland, farmland of Statewide importance, or land zoned or designated for agricultural protection by an approved local ballot measure;

  2. Wetlands;

  3. Within a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection, unless the site has adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures;

  4. A hazardous waste site that has not been cleared for residential use;

  5. Within a delineated earthquake fault zone unless the development complies with all applicable State and local seismic protection building code standards;

  6. Within a special flood hazard area subject to inundation by a one hundred (100) year flood, unless:

     • a. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City; or

     • b. The site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program;

  7. Within a regulatory floodway, unless the development has received a no-rise certification;

  8. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;

  9. Habitat for protected species; or

  10. Land under a conservation easement;

• C. Shall not require or allow the 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 through a public entity's valid exercise of its police power.

  3. Housing that has been occupied by a tenant in the last three (3) years;

• D. Shall not require or allow the demolition of more than twenty-five (25) percent of the existing exterior structure walls on the parcel if the parcel has been occupied by a tenant in the last three (3) years;

• E. Shall not be located on a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060 ) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application;

• F. Shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1 , or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.

• (Ord. 22-2210 § 10)