Reso23-12 Reso 0046 PC Recommending Zoning Text & Map Amendments & Exhibits

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ATTY/RESO.0046/PC RESO RECOMMENDING ZONING TEXT & MAP AMENDMENTS – EXHIBIT A REV: 06-02-23 JB Page 18 of 66 building standards or state fire mitigation measures applicable to the development. 8. Within a delineated earthquake fault zone, unless the development complies with the applicable seismic protection building code standards identified in Government Code section 65913.4(a)(6)(F). 9. Within a special flood hazard area subject to inundation by the 1 percent chance of flood as determined by the Federal Emergency Management Agency (FEMA), except as provided in section 65913.4(a)(6)(G). 10. Within a regulatory floodway, as determined by FEMA, except as provided in section 65913.4(a)(6)(H). E. Eligibility. 1. An SB 9 Project shall not require demolition or alteration of any of the following types of housing: i. Affordable Housing. 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. ii. Rent Control. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. iii. Rental. Housing that has been occupied by a tenant in the last three years. 2. Ellis Act. An SB 9 Project is prohibited on a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 3. Historic. An SB 9 Project is prohibited where the site is within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, 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. F. Replacement Housing. If an existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code section 66300(d). G. Affidavit of Prior Tenancies. If the application for a SB 9 Project proposes to alter or demolish any existing housing, the owner of the property on which the SB 9 Project is proposed shall sign an affidavit, in the form approved by the City Attorney, stating that the property meets the eligibility requirements identified in Sections E (1) and (2) and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three (3) years. H. Short Term Rental Prohibited. Rental of any units created pursuant to this section must be for a term longer than 30 days. I. Sufficient to allow Separate Conveyance. An applicant for an SB 9 Project shall not be rejected solely because it proposes adjacent or connected structures, provided that the