18.100.050 Eligibility of Properties for an SB 9 Dwelling Unit.
A. A proposed housing development containing no more than two (2) SB 9 dwelling units within the R-1 First Residential Zoning District shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
1. The parcel that is the subject of the application is located on a legal parcel of record within the R-1 First Residential Zoning District of the City, the boundaries of which are identified within an urbanized area or urban cluster, as designated by the United States Census Bureau.
2. The parcel that is the subject of the application satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of Section 65913.4(a)(6) of the California Government Code.
3. Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
a. 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.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three (3) years.
4. The parcel that is the subject of the application is not 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.
5. The proposed development does not result in the demolition of more than twenty-five (25) percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three (3) years.
6. The parcel that is the subject of the application is not located within a historic district or property included on the local Inventory of Historic Resources. (Ord. 1061 § 2 (Exh. A), 2022; Ord. 1057 § 3, 2022; Ord. 1055 § 2 (Exh. A), 2021)