Introduced by __________ _
ORDINANCE NO -----
AN ORDINANCE OF THE CITY OF PASADENA PERTAINING TO CONSTRUCTION
OF TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS, AND TERMINATING URGENCY ORDINANCE NO. 7385
WHEREAS, in September of 2020, the State Legislature enacted Senate Bill 9, Housing development: approvals ("SB 9"), which took effect on January 1, 2022. In summary, SB 9 requires that local agencies must ministerially approve certain subdivisions of one single-family residential lot into two without discretionary review, and requires a local agency to ministerially approve a proposed two-unit development project on a lot in a single-family residential zone without discretionary review (whether the project is the building of two new units or adding a second one); and
WHEREA~, pursuant to SB 9, local agencies may adopt objective standards for the mandatory, ministerial lot splits and two-unit development projects. So that the standards would take effect before SB 9's effective date of January 1, 2022, pursuant to California Government Code Section 65858, and in order to protect the public health, safety and welfare, Pasadena conducted second reading of an urgency ordinance to adopt such objective standards on December 13, 2022, and on January 24, 2022, conducted second reading of an extension to the urgency ordinance until December 11, 2022, to give City staff adequate time to study the full impact of SB 9, to understand whether there may be additional objective standards warranted to offset the negative impacts of SB 9 and at the same time to achieve the purported Legislative goals of providing increased housing, particularly increased affordable housing, and to complete the public hearing process for regular Pasadena Municipal Code revisions; and WHEREAS, staff has now prepared a regular ordinance to adopt changes to the Pasadena Municipal Code setting forth objective standards for the mandatory, ministerial lot splits and two-unit development projects, and 1 SB307THY0D294Q
therefore the urgency ordinance may be terminated upon the effective date of the regular ordinance.
NOW THEREFORE, the People of the City of Pasadena ordain as follows:
SECTION 1. This ordinance, due to its length and the corresponding cost of publication, will be published by title and summary as permitted by Section 508 of the Pasadena City Charter. The approved summary of this ordinance is as follows:
"SUMMARY
Ordinance No. ____ enacts modifications to the objective standards applicable to mandatory, ministerial Two-Unit Developments and Urban Lot Splits, and terminates Urgency Ordinance No. 7385 upon the effective date of Ordinance No. ----
Ordinance No. ____ shall take effect 30 days after its
publication."
SECTION 2. Pasadena Municipal Code, Title 17, Article 2, Chapter 17.22 (Residential Zoning Districts); and Article 8, Chapter 17.80 (Glossary of Specialized Terms and Land Use Types) are amended as shown in Exhibit 1, attached hereto and incorporated by reference .
SECTION 3. Pasadena Municipal Code, Title 8, Chapter 8.52, Section
8.52.025 (Applicability) is amended as shown in Exhibit 2, attached hereto and incorporated by reference.
SECTION 4. Pasadena Municipal Code, Title 16, Chapter 16.08, Section
16.08.240 (Urban Lot Split) is amended as shown in Exhibit 3, attached hereto and incorporated by reference.
SECTION 5. The City Council hereby declares that, should any section, paragraph, sentence, phrase, term or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance irrespective of any such portion declared invalid.
SECTION 6. Urgency Ordinance No. 7385 is terminated upon the effective date of this regular ordinance.
2 SB307TH Y0D294Q
SECTION 7. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary.
SECTION 8. This ordinance shall take effect 30 days from its publication.
Signed and approved this _____ day of __________ _
2022.
Victor M. Gordo
Mayor of the City of Pasadena
I HEREBY CERTIFY that the foregoing ordinance was adopted by the City Council of the City of Pasadena at its meeting held this _______ day of ________ , 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Date Published:
APPROVED AS TO FORM:
?""·
~--- --~
Theresa E. Fuentes
Assistant City Attorney
S8307THYOD294Q
Mark Jomsky
City Clerk
3 EXHIBIT 1
17.22.040 - RS and RM-12 Residential Districts General Development Standards.
Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed , and established in compliance with the requirements in Table 2-3, in addition those in Section 17.22.050 (RS and RM-12 District Additional Development Standards), and the applicable standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning and General Development Standards).
TABLE 2-2 -ALLOWED USES AND PERMIT REQUIREMENTS
LAND USE (1) PERMIT REQUIREMENT BY ZONE Specific Use
Standards
RS (2) RM-12 RM-16 RM-32 RM-48
(3)
RESIDENTIAL USES
Accessory dwelling unit p p (6) p (6) p (6) p (6) 17.50.2 75 Boarding houses - - - p p 17 50 065
Dormitories - - - p p
Fraternities, sororities - - - p p
Home occupations p p p p p 17.50.110
Multi-family housing £:...1.fil p p (7) p (7) p (7) 17.22.050.G, H Residential accessory uses and p p p p p 17.50.210 ,
structures 17.50.250
Residential care, limited p p p p p
Residential care, general - - C (4) C (4) C (4)
EXHIBIT 1
TABLE 2-2 - ALLOWED USES AND PERMIT REQUIREMENTS
LAND USE (1) PERMIT REQUIREMENT BY ZONE Specific Use
Standards
RS (2) RM-12 RM-16 RM-32 RM-48
(3)
Single-family housing p (8) p (6) p (6) p (6) p (6)
Supportive housing p p p p p
Transitional housing p p p p p
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Clubs, lodges, private meeting - - - - C (4)
halls
Cultural institutions C (4) C (4) C (4) C (4) C (4)
Park and recreation facilities C C C C C
Religious facilities C (4) C (4) C (4) C (4) C (4) 17.50 .230 with columbarium MC (4) MC (4) MC (4) MC (4) MC (4) 17.50.230 with temporary homeless C C C C C 17.50 .230
shelter
Schools - Public and private - C (4) C (4) C (4) C (4) 17.50.270 Street fairs p p p p p
Tents TUP TUP TUP TUP TUP 17.50.320
EXHIBIT 1
TABLE 2-2 -ALLOWED USES AND PERMIT REQUIREMENTS
LAND USE (1) PERMIT REQUIREMENT BY ZONE Specific Use
Standards
RS (2) RM-12 RM-16 RM-32 RM-48
(3)
OFFICE, PROFESSIONAL & BUSINESS SUPPORT USES
Offices - Administrative business - - MC(10) MC (10) MC (10) 17.50.170 professional
RETAIL SALES
Personal property sales p p p p p 17.50.190
Temporary uses TUP TUP TUP TUP TUP
SERVICES
Adult day care, general C (4) C (4) C (4) C (4) C (4)
Adult day care, limited p p p p p
Lodging - Bed and breakfast - - MC (10) MC (10) MC (10) 17.50.140 inns
Child day-care centers C C C C C 17.50.080
Child day care , large, 9 to 14 p p p p p 17.50.080
persons
Child day care, small , 1 to 8 p p p p p
persons
EXHIBIT l
TABLE 2-2 - ALLOWED USES AND PERMIT REQUIREMENTS
LAND USE (1) PERMIT REQUIREMENT BY ZONE Specific Use
Standards
RS (2) RM-12 RM-16 RM-32 RM-48
(3)
Filming, long-term C C C C C
Filming, short-term p p p p p
Medical services - Extended - - - C (4) C (4)
care
Neighborhood garden MC MC MC MC MC
Public safety facilities C (4) C (4) C (4) C (4) C (4)
INDUSTRY, MANUFACTURING & PROCESSING USES
Commercial growing area C C C C C 17.50.180
TRANSPORTATION, COMMUNICATIONS & UTILITY USES
Utility, major C (4) C (4) C (4) C (4) C (4)
Utility , minor p p p p p
Notes:
( 1) See Section 17 .80.020 for definitions of the listed land uses. (2) Includes the RS district with all suffixes (e.g. , RS-1 through RS-6). (3) Includes the RM-16 districts with all suffixes (e.g., RM-16, RM-16-1). (4) Uses established after June 30, 1985, on sites greater than two acres shall require a zone change to PS (Public and Semi-Public).
(5) tilet 1:1ses. UQ to two 1:1rimar:y residences (Two-Unit Develo1:1ments} ma~ be develoged in RS zones subject to the underl~ing zoning district standards as well as Section 17.22.050.G and Section 17.22.050.H. Short-term EXHIBIT 1
TABLE 2-2 -ALLOWED USES AND PERMIT REQUIREMENTS
'
LAND USE (1) PERMIT REQUIREMENT BY ZONE Specific Use
Standards
RS (2) RM-12 RM-16 RM-32 RM-48
(3)
rentals of less than 30 days are 12rohibited. New Accesso[Y Dwelling Units and Junior Accesso[Y Dwelling Units are 12rohibited on lots created by an Urban Lot s12lit as defined in Section 16.08.240 that utilize the Two-Unit Develo12ment 12rovisions, and only two units of any ty12e, including but not limited to ADUs, JADUs, single-family houses, and du12lexes, may be located on any lot created by an Urban Lot S12lit. (6) Allowed subject to the development standards of the RS-6 district, Section 17.22.040. (7) Two units on a lot shall meet the development standards of the RM-12 district, Section 17.22.040. (8) A lot with a single-family residence may rent a maximum of two bedrooms. (9) The maximum interior or exterior area in which support services are offered or located shall not exceed 250 sq. ft.
(10) Limited to buildings designated as a landmark or listed individually in the National Register of Historic Places.
EXHIBIT 1
17.22.050 - RS and RM-12 District Additional Development Standards A. Front-yard setback measurement. The minimum front yard setback in the RS and RM-12 zoning districts shall be as follows. See also 17 .40.160 (Setback and Encroachment Plane Requirements and Exceptions).
1. Where 40 percent or more of the lots on a blockface in the same zoning district (excluding corner yards of reversed corner lots) are developed with primary structures (including the existing setback of the proposed development site), the minimum front setback shall be the average of the front setbacks of the developed lots, but not less than 25 feet. In calculating the blockface average, measurement shall be from the front property line to the primary structure. Building projections and unenclosed porches shall not be used as the reference point for this measurement.
2. Where less than 40 percent of the lots on a blockface within the same zoning district (excluding corner yards or reversed corner lots) are developed with primary structures (including the existing setback of the proposed development site), the minimum front setback shall be 25 feet.
3. For blockfaces with two or fewer lots between two reversed corner lots, the minimum front setback shall be the larger required corner yard of the reversed corner lots.
See Section 17 .40.160 for allowed projections into front-yard setbacks .
B. Garage and carport requirements for all districts.
1. Garages. A garage proposed on a blockface, including reverse corner lots, where 50 percent or more of the existing garages are located behind the primary structure shall also be located behind the primary structure. If the garage is required to be located to the rear of the primary structure and is attached, the garage shall be located so that the garage door is not visible from the street and the garage shall be the closest portion of the structure to the rear property line. This requirement shall not apply within the HD (Hillside Development) overlay zone. See 17.50.250.H for additional requirements for attached garages. A garage on a corner lot in which the garage doors face the street shall be set back a minimum of 18 feet from a street property line.
2. Carports. Carports shall be completely screened from view from the street and shall be located between the primary structure and the rear property line, so as to not be within the view down the driveway from the street. A carport shall not be permitted on a corner lot.
3. Exception to maximum floor area requirement. The maximum floor area requirement in Section 17.22.040, Table 2-3, may be exceeded to accommodate the reconstruction of a garage that previously existed on the site, but only to the extent of the floor area necessary or a two-car garage in compliance with the parking space dimension requirements of Section 17.46.110 (Parking Space Dimensions) .
C. Restoration of a porte cochere. A porte cochere may be rebuilt or restored if evidence is provided to the City that the residence originally had a porte cochere. The porte cochere shall meet all building requirements . The Historic Preservation Commission shall review such requests in landmark districts or for designated landmarks . The Zoning Administrator shall review all other such requests .
D. Flagpoles. A flagpole can be constructed if it meets the following requirements.
EXHIBIT 1
1. The flagpole shall be located outside a required setback area. Flagpoles are allowed in front of a residence if located outside the required front setback.
2. The maximum height of the flagpole shall be the maximum height allowed for the principal structure.
3. The flagpole shall not be located in an encroachment plane.
E. Neighborhood Compatibility. For the purposes of neighborhood compatibility, the "neighborhood" is determined by the median square footage of all houses on properties within a 500-foot radius around the subject property. The "neighborhood" is not required to include:
• Properties located outside of the City of Pasadena;
• Properties not located in an RS district, or in a different RS district; and • Properties separated by a significant manmade structure (e.g. freeway) or a significant natural feature (e.g. canyon) that, to the extent determinable by staff, is not the result of grading or other man-made alteration of the natural terrain.
F. Design Standards. The following design standards are applicable to all single-family zoned properties, excluding properties in historic districts, LD (Landmark District), HD (Hillside Overlay District), HD-1 (Upper Hastings Ranch Area), and ND (Neighborhood Overlay) overlay zones:
1. Prohibited materials in all RS zones include:
a. Unfinished concrete is prohibited as an exterior finish b. Architectural foam is prohibited as an exterior trim material
2. Window placement:
a. New second-story windows shall not directly overlap with existing second story windows located within 30 feet of abutting properties. Clerestory windows and windows determined by the Building Official to be necessary for safe egress are exempt from this requirement.
G. Two-Unit Developments in Single-Family Residential Zones. In addition to the requirements of Section 17.22.040 (Residential Districts General Development Standards}, additional development and design standards related to Two-Unit Developments (whether attached or detached) apply to all single-family zoned properties. Construction of Two-Unit Developments in single-family residential zones pursuant to Government Code Section 65852.21 is prohibited on historic sites and sites that fall within historic districts, which include ( 1) an historic district or property listed on either the National Historic Register or State Historic Resources Inventory, (2) an individual historic landmark property designated pursuant to the City's Historic Preservation Ordinance, or (3) a Landmark District (LD overlay zone) designated pursuant to the City's Historic Preservation Ordinance. A Landmark District is a grouping of properties that represents a significant and distinguishable entity of Citywide importance that is united historically by past events or aesthetically by plan or development and represents one or more of a defined historic, cultural, development and/or architectural context(s).
Proposed adjacent or connected primary residences (Two-Unit Developments) shall be permitted if they meet building code standards, are designed sufficient to allow separate conveyance, and comply with the development standards of the underlying zoning district or additional standards prescribed by this section, as applicable . If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions EXHIBIT 1
of Government Code Section 66300(d). The following additional standards are for new construction of an additional primary residence on a site with an existing primary residence or for up to two new primary residences where no primary residence is present. In cases where the following standards preclude development of an 800 square-foot primary residence, the plan check review process shall only allow deviations sufficient to accommodate such development.
Develooment feature Develooment Standard
Minimum lot size Minimum lot size establishes the minimum lot size and the minimum width rAnuired for new oarcels
Minimum area 1 200 s□uare feet
Width Per Section 17.22.040 Table 2-3
ROW Access ( 1) All newly created lots are required to have access to or abut a Public Riaht-of-Wav.
Maximum Densitv Two orimarv residences oer lot
Setbacks Minimum setbacks r~uired. See Section 17.40.160 for setback measurement, allowed projections and encroachments into setbacks and exceotions to setbacks.(2)
Front- Main facade See Section 17.22.050
Front - Garaae See Section 17.22.050
Sides The reauired setback shall be no less than 4 feet.
Corner side The required setback shall be no less than 4 feet.
Rear The required setback shall be no less than 4 feet.
Building separation A minimum separation of 10 feet (measured from wall to wall) shall be required between detached dwelling units located on the same site. Eaves may encroach into this building
seoaration.
Maximum floor area As orescribed bv the underlvina zonina district (3\.
Exceptions to floor area 1) Habitable attic space that does not exceed 60% of the surface of the building footprint (including attached garages and porches), is not adjacent to a rooftop deck, patio attachment and/or exterior staircase and the combined width of all dormers along a roofline do not exceed 40% of the roofline.
2} An unenclosed area where onlJ:: one side does not abut enclosed space (floor areal, and that side is a minimum 80% open.
3} An unenclosed area where more than one side does not abut enclosed s12ace (floor area), and each side is a minimum 60% 012en.
4) Basements and uncovered 12atios, decks, balconies and oorches.
Height limit As prescribed by the underlying zoning district (4}.
Landscaping Minimum amount of garden space reguired on-site in addition to the reguirements of Chapter 17 .44 (Landsca1;1ing}. Garden soace
Required Tree Canopy Project must include at least two trees, each of which meets one of the following:
1) Retention of a tree of at least 19" DBH on-site.
EXHIBIT 1
2) Retention of a tree from the Citts Native and Protected Species list that meets the minimum protected size.
3) A new 24-in box tree selected from the Citts Native and Protected Soecies list.
Parking The reguired parking shall be one uncovered parking si;:1ace per each newly constructed dwelling unit. No parking is reguired if the parcel is within ½ mile walking distance of a high-guality transit corridor or a major transit stoi;:11 as expressly defined in the California Public Resources Code, or if a car share vehicle (as defined in Section 17.80.020} is located within one block of the oarce1.
Notes:
(1) See Chapter 17.40 for develoi;:1ment on substandard lots and flag lots (2) No new setback shall be reguired for an existing legally created structure or a structure constructed in the same location and to the same dimensions as an existing legally created structure. In no other case shall reductions be made in the reguired side, corner side, and rear setbacks.
(3) If all applicable development standards contained in the underlying zoning district cannot be met, the maximum size permitted is 800 sguare feet per dwelling unit. (4) If all apr;ilicable develor;iment standards contained in the underlying zoning district cannot be met, the maximum height 12ermitted is one storv, not to exceed 12 feet to the ton nlate and 17 feet to the hiahest ridaeline.
H. Garden requirements for Two-Unit Developments in Single-Family Residential Zones Each Two-Unit Development shall have a landscaped open space area as its central focus.
This s12ace may take the form of a garden.
1. Garden location. The placement of a garden shall comply with at least one of the following standards. In cases where the following standards preclude development of an 800 sguare-foot dwelling, the plan check review process shall only allow deviations sufficient to accommodate such development
a. The garden may be placed so that a garden on an adjacent parcel combines to create the effect of one large garden or a wider connection between two spaces.
b. The garden may adjoin the minimum front setback line creating a deep, combined garden on the street. Decorative fences or other landscape elements shall be constructed so that the garden is visible from the street. c. The garden may be an internal courtyard, entirely contained within the site, but visible from the street.
d. When a site contains existing, mature trees, the garden may be placed to retain one of those trees . See also Chapter 17 .44 (Landscaping) .
2. Minimum garden dimensions. The garden shall be a rectangular shape and shall have a minimum dimension of 20 feet in either direction. In cases where the garden reguirements preclude development of an 800 sguare-foot dwelling, the plan check review process shall only allow deviations sufficient to accommodate such development.
3. Garden planting and paving standards. In cases where the garden planting and paving reguirements preclude development of an 800 square-foot dwelling, the plan check review process shall only allow deviations sufficient to accommodate such EXHIBIT 1
development. The garden may only occur under the following three conditions, either alone or in combination.
a. The garden shall be at existing grade with no parking structure below, subject to the following requirements:
i. At least 50 percent of the garden shall be planted:
ii. Concrete may be used for walkways up to four feet in width but is not acceptable for area paving unless mandated by the Uniform Building Code. Unplanted areas with a minimum dimension of five feet or more shall be paved with unit pavers such as brick, tile or concrete or covered with decomposed granite or garden gravel.
iii. The maximum dimension of unit pavers shall be 24 inches. iv. All planting shall comply with the requirements of Chapter
17.44 {landscaping).
4. Allowed encroachments into a garden.
a. Eaves may project up to three feet and fireplaces or chimneys may project up to two feet for a length of 10 feet measured parallel to the building into the garden without having to maintain the minimum 20-foot dimension. The following encroachments may occur within the garden as long as the minimum dimension in any direction of the garden is not reduced to less than 20 feet. i. Exterior, unenclosed building elements such as stoops, balconies and open stairs may encroach into the garden subject to the following limitations:
1. Encroaching stairs shall be either wood or masonry and have closed risers.
2. Unenclosed encroachments shall have a maximum depth of four feet. measured perpendicular to the line defining the garden, and an unlimited width, measured parallel to the line defining the garden.
3. The total area of unenclosed encroachments shall not exceed seven percent of the area of the garden.
ii. Enclosed living space may encroach into the garden subject to the following limitations:
1. Enclosed encroachments shall have a maximum depth of four feet, measured perpendicular to the line defining the garden, and maximum width of 15 feet, measured parallel to the line defining the garden.
2. There shall be a minimum separation of four feet, measured parallel to the line defining the garden, between enclosed encroachments .
3. The ground floor area of all enclosed encroachments shall not exceed 13 percent of the garden.
EXHIBIT 1
17.80.020 - Definitions
Acting in Concert. Means a person that has common ownership or control of the subiect parcel with the owner of the adiacent parcel. a person acting on behalf of. acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.
Adjacent Parcel. Means any parcel of land that is (1) touching the parcel at any point; (2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility. service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant.
Car share vehicle. A motor vehicle that is operated as part of a regional fleet by a public or private care sharing company or organization and provides hourly or daily service.
Common ownership or control. Means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner. member, or family member of an investor of the entity owns ten percent or more of the interest in the property.
Sufficient for Separate Conveyance. Means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development. stock cooperative, or community apartment proiect}. or into any other ownership type in which the dwelling units may be sold separately.
EXHIBIT2
8.52.025 - Applicability.
The provisions of this chapter providing protection for specific trees shall apply as follows, unless excepted by provisions of this chapter.
A Native and specimen trees located in the established front yard, required side yard, established corner yard, or required rear yard of all property located in a single-family residential or RM-12 multifamily residential zone, and in all areas of all other zoning districts within the city.
B. Landmark trees and trees that meet the criteria for designation as a landmark as determined by the review authority.
C. Public trees located at all places within the city.
D. Mature trees in all zoning districts except for trees on properties with one primary unit in an RS zone, or properties subject to the RS--ef RM-12 development standards. a. On RS zoned parcels, native, specimen, and mature trees are protected in all areas on sites developed with Two-Unit Developments per Section 17.22.050 or subdivided through an Urban Lot Split per Section 16.08.240.
EXHIBIT 3
16.08.240 - Urban Lot Split.
''Urban Lot Split" refers to any parcel zoned for single-family residential uses which is created through the division of an existing lot for the purpose of development with up to two dwelling units of all types. Applications for an Urban lot Split must comply with the following requirements and with the provisions of Government Code Section 66411. 7:
1. In no circumstance may an Urban Lot Split result in more than 2 residential units on any lot. inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units.
2. Parcels resulting from the Urban Lot Split must be no less than 40% the size of the original parcel:
3. Applications for an Urban Lot Split must be submitted concurrently with an application for proposed residential development;
4. If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d}:
5. Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance;
6. If any existing housing is proposed to be altered or demolished. the owner of the property proposed for an Urban Lot Split shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished): and
a. Sign an affidavit, in the form approved by the City Attorney, stating that the proposed lot split would not require demolition or alteration of any of the following types of housing:
i. 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. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power
iii. A parcel or parcels 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 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
iv. Housing that has been occupied by a tenant in the last three years.
7. The owner and applicant shall sign an affidavit. in the form approved by the City Attorney, stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an Urban Lot Split;
8. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant in the form prescribed by the [city attorney/county counsell, which shall run with the land and provide for the following:
a. A prohibition against further subdivision of the parcel using the Urban Lot Split procedures as provided for in this section; and
b. A prohibition on non-residential uses of any units developed or constructed on either resulting parcel, including a prohibition against renting or leasing the units for fewer than 30 consecutive calendar days.
c. A prohibition on the development of a total of more than 2 residential units on any lot, inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units.
9. The applicant for an Urban Lot Split shall sign an affidavit, in the form approved by the City Attorney, stating that the applicant intends to occupy one of the housing units on the EXHIBIT 3
newly created lots as its principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. This subsection shall not apply to an applicant that is a "community land trust." as defined in clause {ii) of subparagraph (C) of paragraph (11} of subdivision {a} of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code