6.0 (Development and Subdivision Regulations), Division

Code.

             k.     Nonconforming Conditions. A Two-Unit Project shall be approved only if all

nonconforming zoning conditions are corrected.

                        l.         Utilities.

                    (1)    Each primary dwelling unit on the resulting lots shall have its own

direct utility connection to the utility service provider.

                    (2)    Each primary dwelling unit on the resulting lots that  is or that  is

proposed to be connected to an onsite wastewater treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

        m.     Building & Safety. All structures built on a lot comprising a Two-Unit Project

shall comply with all current local building standards. A project under this Section is a change of use and subjects the whole of the lot, and all structures, to the City's current code.

     7.      Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone shall

comply with each of the following fire-hazard mitigation measures:

           a.         It shall have direct access to a public street right-of-way with a paved street

with a width of at least 40 FT. The public street right-of-way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate.

           b.       All dwellings on the site shall comply with current fire code requirements for

dwellings in a very high fire hazard severity zone.

            c.       All enclosed structures on the site shall have fire sprinklers.

           d.       All sides of all dwellings on the site shall be within a 150-FT hose-pull distance

from either the public street right-of-way or of an onsite fire hydrant or standpipe.

            e.          If the lot does not have a swimming pool, the lot shall have a water reservoir

of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire- authority standard pump and hose equipment.

     8.     Separate Conveyance.

           a.     Primary dwelling units on the lot may not be owned or conveyed separately

from each other.

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           b.    Condominium airspace divisions and common interest developments are

prohibited.

            c.       All fee interest in a lot and all dwellings on the lot shall be held equally and

undivided by all individual property owners.

     9.     Regulation of Uses.

           a.      Residential-Only. No non-residential use is permitted on the lot.

           b.    No Short Term Rentals. No dwelling unit on a lot comprising a Two-Unit

Project shall be rented for a period of less than 30 days.

c. Owner Occupancy. Unless the lot comprising a Two-Unit Project was formed by an Urban Lot Split, the individual property owners of a lot with a Two-Unit Project shall occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

    10.    Notice of Construction.

           a.     At least 30 business days before starting any construction of a Two-Unit

Project, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:

                    (1)    Notice that construction has been authorized,

                    (2)    The anticipated start and end dates for construction,

                    (3)    The hours of construction,

                    (4)    Contact information for the project manager (for construction-

related complaints), and

                    (5)    Contact information for the Building & Safety Department.

           b.       This notice requirement does not confer a right on the noticed persons or

on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.

    11.   Deed Restriction. The owner shall record a deed restriction, acceptable to the City,

that does each of the following:

           a.      Expressly prohibits any rental of any dwelling on the property for a period of

less than 30 days.

           b.      Expressly prohibits any non-residential use of the lot.

            c.      Expressly prohibits any separate conveyance of a primary dwelling on the

property, any separate fee interest, and any common interest development within the lot.

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           d.          If the lot is not created by an Urban Lot Split: Expressly requires the individual

property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

            e.      States that the property is formed by an Urban Lot Split and is therefore

subject to the City's Urban Lot Split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

     1.     Notwithstanding anything else in this Section, the City may deny an application for

a Two-Unit Project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

else in this Section, the City may deny an application for a Two-Unit Project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

     2.     The term "specific adverse impact" has the same meaning as in GC Section

65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

     3.     The building official may consult with and be assisted by planning staff and others

as necessary in making a finding of specific, adverse impact.

G. Remedies. If a Two-Unit Project violates any part of this Development Code or any other legal requirement:

     1.     The buyer, grantee, or lessee of any part of the property has an action for damages

or to void the deed, sale, or contract.

     2.     The City may:

           a.      Bring an action to enjoin any attempt to sell, lease, or finance the property.

           b.      Bring an action for other legal, equitable, or summary remedy, such as

declaratory and injunctive relief.

            c.     Pursue criminal prosecution, punishable by imprisonment in county jail or

state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

           d.     Record a notice of violation.

            e.     Withhold any or all future permits and approvals.

                      f.      Pursue  all other administrative, legal, or equitable remedies that are

allowed by law, this Development Code, or the City's Municipal Code.

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