Chapter 1A Zoning Code

Sec. 65915.7.

At the time of permit issuance, an applicant must sign an affidavit for the Department of Building and Safety to ensure the replacement housing will be developed prior to or concurrently to the project. “Developed prior” means a final certificate of Occupancy or temporary certificate of Occupancy for the replacement housing must be obtained prior to issuance of a final certificate of Occupancy or temporary certificate of Occupancy for the non-residential project; b. the required replacement housing may be located on a site other than the project site but shall be located within the city , with a preference for sites within close proximity; c. the applicant may contract with another entity to develop the required replacement dwelling units, except that the replacement dwelling units shall not fulfill the affordability requirements of any other development pursuant to another law; d. A commercial developer seeking a commercial density bonus may propose providing restricted affordable units through an agreement with a housing developer for partnered housing. the agreement must be approved by the city pursuant to California Government Code Sec. 65915.7.; and e. Notwithstanding the requirement that an accessory dwelling unit be located on a lot with an existing or proposed primary residence, the replacement housing may be established through creation of an accessory dwelling unit with the primary non-residential use on the parcel being able to be used in place of a primary residence. 2. Existing Occupant Protections the project meets the occupant protections described in Sec. 4C.15.1.C.3. (Existing Occupant Protections). D. Measurement None. e. Exceptions A Project that meets all of the following criteria is exempt from the replacement requirements established in Paragraph 1. (Replacement of Existing Units or Demolished Protected Units) of Subsection C. (Standards), above: 1. the project includes uses defined in Sec. 5D.8. (Light Industrial Uses) or Sec. 5D.9. (Heavy In