10-1.1403 Exceptions.

Notwithstanding the provisions of Section 10-1.1402, Applicability—Ministerial Approval, the provisions of this article shall not apply in the following situations:

A. Projects involving the demolition or alteration of any of the following:

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. Dwelling units that have been occupied by a rental tenant at any time within the last three (3) years.

3. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

B. Any lots previously subdivided using the provisions of this article and Government Code Section 66411.7.

C. Projects located on lots 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 California Government Code to withdraw accommodations from rent or lease within the last fifteen (15) years.

D. Projects located on lots that are included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code.

E. Projects located on a hazardous waste site that is listed pursuant to Section 65962.5 of the California Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the California Health and Safety Code, unless the California Department of Public Health, California Water Resources Control Board, or California Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

F. Projects located within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (one hundred (100) year flood) or regulatory floodway as determined by the Federal Emergency

Management Agency in any official maps published by the Federal Emergency Management Agency, unless the project satisfies the requirements of California Government Code Section 65913.4 (a)(6)(G) or (H).

G. Projects located within habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (California Fish and Game Code Section 2050 et seq.), or the Native Plant Protection Act (California Fish and Game Code Section 1900 et seq.).

H. Projects located within a conservation easement.

I. Projects located on any other site described in Government Code Sections 65913.4(a)(6)(B) through (K), as applicable.

J. Any parcel proposing to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided that adjacent parcel using the provisions in this article. For the purposes of this article, "any person acting in concert" with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner. (§5, Ord. 2234, eff. 11/17/23)