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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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01/17/2023 Regular & Special SA
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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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8/11/2023 10:40:35 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
33
Date
1/17/2023
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<br />Ordinance No. NS-XXX <br />Page 52 of 54 <br /> <br />(1) At least thirty (30) business days before starting any construction of a two- <br />unit project, the property owner must give written notice to all the owners of <br />record of each of the adjacent residential parcels, which notice must include <br />the following information: <br /> <br />(A) Notice that construction has been authorized. <br /> <br />(B) The anticipated start and end dates for construction. <br /> <br />(C) The hours of construction. <br /> <br />(D) Contact information for the project manager (for construction-related <br />complaints). <br /> <br />(E) Contact information for the Building and Safety Department. <br /> <br />(2) This notice requirement does not confer a right on the noticed persons or <br />on anyone else to comment on the project before permits are issued. <br />Approval is ministerial. Under state law, the City has no discretion in <br />approving or denying a particular project under this article. This notice <br />requirement is purely to promote neighborhood awareness and expectation. <br /> <br />(j) Deed Restriction. The owner must record a deed restriction, on a form approved <br />by the city, that does each of the following: <br /> <br />(1) Expressly prohibits any rental of any dwelling on the property for a period of <br />less than thirty (30) days. <br /> <br />(2) Expressly prohibits any non-residential use of the lot. <br /> <br />(3) Expressly prohibits any separate conveyance of a primary dwelling on the <br />property, any separate fee interest, and any common interest development <br />within the lot. <br /> <br />(4) If the lot does not undergo an urban lot split: Expressly requires the <br />individual property owners to live in one (1) of the dwelling units on the lot <br />as the owners' primary residence and legal domicile. <br /> <br />(5) Expressly requires that any net newat least one (1) new unit created be <br />deed restricted for affordable housing at the following levels: either very low, <br />low or moderate income levels. <br /> <br />(A) Rental products shall be made affordable to very low or low income <br />households. <br /> <br />(B) For-sale products shall be made affordable to moderate income <br />households. <br />
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