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<br />Ordinance No. NS-XXX <br />Page 35 of 54 <br /> <br />(G) Within a regulatory floodway, unless all development on the site has <br />received a no-rise certification. <br /> <br />(H) Land identified for conservation in an adopted natural community <br />conservation plan, habitat conservation plan, or other adopted natural <br />resource protection plan. <br /> <br />(I) Habitat for protected species. <br /> <br />(J) Land under conservation easement. <br /> <br />(2) The applicant must provide evidence that the requirements of Government <br />Code section 65913.4(a)(6)(B)-(K) are satisfied. <br /> <br />(d) Not Historic. The lot to be split must not be a historic property or within a historic <br />district that is included on the State Historic Resources Inventory. Nor may the <br />lot be or be within a site that is designated by ordinance or resolution as a city <br />or county landmark or as a historic property or district. <br /> <br />(e) No Prior Urban Lot Split. <br /> <br />(1) The lot to be split was not established through a prior urban lot split. <br /> <br />(2) The lot to be split is not adjacent to any lot that was established through a <br />prior urban lot split by the owner of the lot to be split or by any person acting <br />in concert with the owner. <br /> <br />(f) No Impact on Protected Housing. <br /> <br />(1) The urban lot split must not require or include the demolition or alteration of <br />any of the following types of housing: <br /> <br />(A) Housing that is income-restricted for households of moderate, low, or <br />very low income. <br /> <br />(B) Housing that is subject to any form of rent or price control through a <br />public entity's valid exercise of its policy power. <br /> <br />(C) Housing, or a lot that used to have housing, that has been withdrawn <br />from rental or lease under the Ellis Act (Gov. Code sections 7060- <br />7060.7) at any time in the fifteen (15) years prior to submission of the <br />urban lot split application. <br /> <br />(D) Housing that has been occupied by a tenant in the last three (3) years. <br /> <br />(2) As part of the urban lot split application, the applicant and the owner of a <br />property must provide a sworn statement by affidavit representing and <br />warranting that subsection (f)(1) above is satisfied. <br />