No person shall create an urban lot split subdivision except
by the filing of an urban lot split map approved pursuant to this
title and the Subdivision Map Act. Maps shall be titled "Parcel Map
– Urban Lot Split Subdivision."
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
The urban lot split map shall be prepared by or under the direction
of a registered civil engineer or licensed land surveyor, shall show
the location of streets and property lines bounding the property and
shall conform to all of the following provisions:
A.
The
provisions of Section 66445 of the Subdivision Map Act.
B.
Shall
be based upon a field survey made in conformity with the Land Surveyors
Act. (Government Code Section 66448)
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
A.
A subdivider
applying for an urban lot split subdivision plat shall file an application
with the Department of Community Development, together with copies
of an urban lot split map. An applicant for an urban lot split subdivision
shall sign and submit with the application an affidavit stating that
the applicant intends to occupy one of the housing units as their
principal residence for a minimum of three years from the date of
the approval of the urban lot split. An affidavit shall not be required
of an applicant that is either a "community land trust" or a "qualified
nonprofit corporation" as defined in the Revenue and Taxation Code.
B.
The
Department of Community Development shall not accept an application
or map for processing unless the Department finds that the urban lot
split map is consistent with the zoning provisions of this code and
that all approvals and permits required by the city zoning provisions
for the project have been given or issued. An application for an urban
lot split must be submitted on the City's approved form. Only a complete
application will be considered.
C.
Notwithstanding the provisions of subsection B of this section, an urban lot split map may be processed concurrently with documents, permits or approvals required by the zoning provisions of this code, if the applicant first waives the time limits for processing, approving or conditionally approving or disapproving an urban lot split map provided by this title or the Subdivision Map Act.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
Such information as may be prescribed by the rules and regulations
approved by the City Council pursuant to this chapter and such additional
information as the Department of Community Development may find necessary
with respect to any particular case to implement the provisions of
this title shall accompany the urban lot split map at the time of
submission, including a certificate of an engineer or land surveyor
in accordance with Section 66449 of the Subdivision Map Act, and a
certificate in accordance with Section 66450 of the Subdivision Map
Act relating to unincorporated territory.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
The Department of Community Development shall ministerially
approve a parcel map for an urban lot split only if the Department
of Community Development determines that the parcel map for the urban
lot split meets all of the following requirements:
A.
Both
newly created parcels shall be no smaller than 1,200 square feet.
B.
The
parcel map subdivides an existing parcel to create no more than two
new parcels where both newly created parcels shall be of approximately
equal lot area, which for purposes of this paragraph shall mean that
one parcel shall not be smaller than 40% of the lot area of the original
parcel proposed for subdivision.
C.
Unit
size shall be not greater than 800 square feet in floor area not inclusive
of parking. Maps shall show the footprints of all proposed structures.
Floor area shall include the total horizontal area of all the floors
of the unit included within the surrounding walls, as measured from
the outside edge of the external walls of the unit. This measurement
is exclusive of areas used exclusively for permanently installed heating
and air conditioning units and permanent parking spaces, driveways,
and ramps included within the unit.
E.
The
parcel being subdivided satisfies the requirements of paragraph (3)(C)
of subdivision (a) of Government Code Section 66411.7 or any successor
provision thereto.
F.
The
proposed urban lot split would not require demolition or alteration
of any of the following types of housing:
1.
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.
2.
Housing
that is subject to any form of rent or price control through a public
entity's valid exercise of its police power.
3.
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 under this chapter.
4.
Housing
that has been occupied by a tenant in the last three years. An applicant
for an urban lot split subdivision must demonstrate whether any existing
housing on the parcel was owner occupied or vacant to Community Development
Director's satisfaction.
G.
The
parcel is not located within a historic district or property included
on the State Historic Resources Inventory, as defined in Section 5020.1
of the Public Resources Code, or within a site that is designated
or listed as a city or county landmark or historic property or district
pursuant to a city or county ordinance.
H.
The
parcel has not been established through prior exercise of an urban
lot split as provided for in this chapter.
I.
Neither
the owner of the parcel being subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent parcel
using an urban lot split as provided for in this chapter.
J.
All
easements required for the provision of public services and facilities
shall be dedicated or conveyed by an instrument in a form acceptable
to the Department of Community Development.
K.
Units constructed on an urban lot split subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in Section 18.54.160(D) of this code.
L.
Units constructed on an urban lot split subdivision approved pursuant to this chapter shall not exceed 16 feet in height and one story, measured per Section 19.04.400 of this code.
M.
Each
unit located on a parcel created pursuant to this chapter shall have
vehicular ingress and egress to the public right-of-way.
O.
For lots outside of the coastal zone as defined in Section 19.04.245 of this code, off-street parking of up to one space per unit is required, except that parking will not be required in either of the following instances:
1.
The
parcel is located within one-half mile walking distance of either
a high-quality transit corridor as defined in subdivision (b) of Section
21155 of the Public Resources Code, or a major transit stop as defined
in Section 21064.3 of the Public Resources Code.
2.
There
is a car share vehicle located within one block of the parcel.
P.
All
lots subject to the urban lot split shall have frontage along a street.
Lot frontage and lot width shall be no less than 40% of the original
lot frontage and original lot width.
Q.
The
uses allowed on a parcel created pursuant to this chapter shall be
limited to residential uses.
R.
Dwelling
units constructed on urban lot split subdivision lots shall only be
used for rentals of terms of longer than 30 days.
S.
Prior to approval of an urban lot split subdivision, the applicant shall have complied with the covenant recording requirement contained in Section 18.54.050(U) and, if applicable, also Section 18.54.160(G).
T.
The
urban lot split subdivision shall comply with all requirements of
the City's Subdivisions Ordinance and the California Subdivision Map
Act except as expressly modified by this chapter.
U.
Prior
to recordation of a parcel map, the property owner shall record a
covenant with the County Recorder's Office, the form and content of
which is satisfactory to the City Attorney which includes the restrictions
of this chapter and applicable state law. Among other things, the
covenant shall notify future owners of the owner occupancy requirements,
the approved size and attributes of the unit(s), and minimum rental
period restrictions. The covenant shall also reflect the number of
units approved and provide that no more than two total units are allowed
on any single parcel created using urban lot split subdivision procedures.
The covenant shall include the development standards for any new units
constructed as part of the urban lot split. New ADUs must meet the
development criteria provided in this chapter, and the development
standards for JADUs may be provided subject to the development standards
in Government Code Sections 65852.2 and 65852.22. If an urban lot
split subdivision was approved, the covenant shall provide that no
variances shall be permitted other than those code deviations expressly
allowed by this chapter.
V.
An
urban lot split parcel map shall be acceptable only with the written
consent of all parties having any record title interest in the real
property to be subdivided.
W.
Separate
Conveyance.
1.
Within
a resulting lot.
a.
Primary dwelling units on a lot that are created by an urban lot
split may not be owned or conveyed separately from each other.
b.
Condominium airspace divisions and common interest developments are
not permitted on a lot that is created by an urban lot split.
c.
All fee interest in a lot and all dwellings on the lot must be held
equally and undivided by all individual property owners.
2.
Between
resulting lots. Separate conveyance of the resulting lots is permitted.
If dwellings or other structures (such as garages) on different lots
are adjacent or attached to each other, the urban lot split boundary
may separate them for conveyance purposes if the structures meet building
code safety standards and are sufficient to allow separate conveyance.
If any attached structures span or will span the new lot line, the
owner must record appropriate CC&Rs, easements, or other documentation
that is necessary to allocate rights and responsibility between the
owners of the two lots.
X.
For
every newly created lot, one new shade tree shall be planted or kept
on the property with a minimum of one tree per existing parcel.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
Development proposed on lots created by an urban lot split subdivision
shall comply with all objective zoning standards, objective subdivision
standards, and objective design review standards applicable to the
parcel based on the underlying zoning; provided, however, that the
application of such standards shall be reduced if the standards would
have the effect of physically precluding the construction of two units
on either of the resulting parcels created pursuant to this chapter
or would result in a unit size of less than 800 square feet in floor
area. Any waivers or reductions of development standards shall be
the minimum waiver or reduction necessary to avoid physically precluding
two units of 800 square feet, and no additional variances shall be
permitted. No waivers or reductions to applicable requirements regarding
stories, off-street parking, front yard setbacks, or lot configuration
shall be approved unless the applicant demonstrates to the Community
Development Director's satisfaction that there is no other way to
physically accommodate two 800 square foot units on the site.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
There shall be filed with each urban lot split map a grading
plan showing graded building site elevations and grading proposed
for the creation of building sites or for construction or installation
of improvements to serve the subdivision. The grading plan, together
with the original topography contours, may be shown on an exhibit
to the urban lot split map. The grading plan shall indicate approximate
earthwork volumes of proposed excavation and filling operations. In
the event no grading is proposed, a statement to that effect shall
be placed on the urban lot split map.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
There shall be filed with each urban lot split map, a current
preliminary title report of the property being subdivided or altered.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
An urban lot split must provide payment of the fees subject
to the City's adopted fee schedule. If the actual cost of providing
a service under this title is less than the amount deposited, the
City Treasurer will refund any amount remaining in the deposit. If
the actual cost of providing a service under this title is more than
the amount deposited, the person requesting the service must pay to
the City Treasurer an amount equal to the deficiency. If the person
fails to pay the deficiency upon demand by the City Treasurer, the
City may recover the deficiency in a court of competent jurisdiction.
Until the deficiency is paid in full, the project for which the service
was requested is considered incomplete.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
The Director of the Department of Community Development or his/her
designee is authorized and directed to carry out the following duties,
concerning applications for urban lot split maps under this chapter:
A.
Obtain
the recommendations of other City departments, governmental agencies,
or special districts as may be deemed appropriate or necessary by
the Community Development Director in order to carry out the provisions
of this code.
B.
Consider
all recommendations and the results of all investigations and ministerially
approve or disapprove the application.
C.
Any
approval must require the owner and applicant to hold the City harmless
from all claims and damages related to the approval and its subject
matter.
D.
Any
approval must require the owner and applicant to reimburse the City
for all costs of enforcement, including attorney's fees and costs
associated with enforcing the requirements of this code.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
After a complete application for an urban lot split map is filed
with it, the Department of Community Development shall ministerially
approve or disapprove such map. The time limit specified in this paragraph
may be extended by mutual consent of the applicant and the City. If
the urban lot split map is disapproved, the reasons therefor shall
be stated in the notice of disapproval.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
The Department of Community Development shall not approve an
urban lot split map under any of the following circumstances:
A.
The
land proposed for division is a lot or parcel which was part of an
urban lot split map that the City previously approved.
B.
The
subdivision proposes creation of more than two lots or more than four
units total among the two lots.
C.
The
Department of Community Development finds that the urban lot split
map does not meet the requirements of this code or that all approvals
or permits required by this code for the project have not been given
or issued.
D.
Based
on a preponderance of the evidence, the building official finds that
the proposed housing development project would have a specific, adverse
impact, as defined, and determined in paragraph (2) of subdivision
(d) of Government Code Section 65589.5, upon public health and safety
or the physical environment and for which there is no feasible method
to satisfactorily mitigate or avoid the specific, adverse impact.
E.
The
urban lot split's failure to comply with applicable, objective requirements
imposed by the Subdivision Map Act and this title. Any decision to
disapprove an urban lot split map shall be accompanied by a finding
identifying the applicable, objective requirements imposed by the
Subdivision Map Act and this title.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
After the approval by the City of an urban lot split map, the
applicant or its agent shall transmit the map to the County Recorder.
An urban lot split subject to Section 66493 of the Subdivision Map
Act shall be processed in compliance with Government Code Section
66464(b).
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
Corrections of and amendments to the urban lot split map shall
be made pursuant to Section 66469 et seq. of the Act.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
No further subdivision of parcels created using the urban lot
split subdivision procedures of this chapter shall be permitted.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
A.
Purpose
and Findings.
1.
The
purpose of this section is to provide regulations for the establishment
of two-unit residential developments in single-family residential
zones and to define an approval process for such two-unit residential
developments consistent with Government Code Sections 65852.21, or
any successor statute. The intent of this section is to provide opportunities
for more housing in existing single-family residential zones as mandated
by state law. It is also the goal to provide development standards
to ensure the orderly development of these units in appropriate areas
of the City.
2.
The
City's Local Coastal Program Land Use Plan was certified by the California
Coastal Commission in 1984, and 87% of Imperial Beach lies within
the Coastal Zone. The City is bordered on the north by a U.S. Naval
Communication Station within the City of Coronado's jurisdiction and
the southern shore of San Diego Bay, on the east by the City of San
Diego, on the south by the Tijuana River National Estuarine Research
Reserve and the U.S./Mexican border, and on the west by the Pacific
Ocean. The annual visitors, coupled with historic development patterns
of the City has created a significant impact on the City's limited
parking supply in the Coastal Zone that would be exacerbated by allowing
two-unit residential developments to be built without certain parking
requirements, as it would shift residential parking from on-site to
on-street. The City's Certified Local Coastal Program mandates certain
parking requirements to be met, including the number of off-street
parking spaces for dwellings, to ensure and maintain public access
to the coast. The California Coastal Act of 1976 is neither superseded
nor in any way altered or lessened as provided for in Government Code
Section 65852.21(k), except that the City shall not be required to
hold public hearings for coastal development permit applications for
a two-unit residential development pursuant to this section.
3.
Two-unit
residential developments are residential uses consistent with the
uses permitted in zones that allow for single-family residential development.
4.
A
housing development contains two residential units if the development
proposes no more than two new units or if it proposes to add one new
unit to one existing unit.
5.
For
the purposes of this section, "unit" means any dwelling unit, including,
but not limited to, a unit or units created pursuant to Section 65852.21,
a primary dwelling, an accessory dwelling unit as defined in Section
65852.2, or a junior accessory dwelling unit as defined in Section
65852.22.
6.
Government
Code Section 65852.21 preempts the density limitations established
by the General Plan and the underlying zones in which two-unit residential
developments created pursuant to the requirements of this subsection
are permitted. Incompatibility with the City's density limitations
shall not provide a basis to deny a two-unit residential development
that otherwise conforms to the requirements of this section.
B.
A two-unit
residential development containing no more than two residential units
within a single-family residential zone shall be considered ministerially,
without discretionary review or a hearing, if the proposed housing
meets all of the standards set forth below. For purposes of this section,
a two-unit residential development contains two residential units
if the development proposes two new units or if it proposes to add
one new unit to one existing unit.
1.
If
a parcel includes an existing single-family home, one additional unit
of not more than 800 square feet in floor area may be developed pursuant
to this section. No more than 25% of the existing exterior structural
walls shall be demolished to create the two-unit residential development
unless the existing single-family home has not been occupied by a
tenant in the last three years.
2.
If
a parcel does not include an existing single-family home, or if an
existing single-family home is proposed to be demolished in connection
with the creation of a two-unit residential development, two units
of not more than 800 square feet in floor area each may be developed
pursuant to this section.
3.
Each
unit in a two-unit residential development shall be separated by a
distance of at least ten feet from any other structure on the parcel;
however, units may be adjacent or connected if the structures meet
building code safety standards and are sufficient to allow separate
conveyance.
4.
No
more than two dwelling units of any kind may be built on a lot that
results from an urban lot split. Unit means any dwelling unit, including,
but not limited to, a primary dwelling unit, a unit created under
this section, an ADU, or a JADU. If a parcel was created subject to
the urban lot split subdivision provisions of this chapter and includes
an existing or proposed two-unit development, then no accessory dwelling
units or junior accessory dwelling units are permitted on the parcel.
If a parcel was created subject to the urban lot split subdivision
provisions of this chapter and includes one primary dwelling unit
only, then one accessory dwelling unit or one junior accessory dwelling
unit for each primary dwelling unit is permitted. New ADUs that are
provided on parcels that have been created as part of an urban lot
split must meet the development criteria provided in this chapter,
and the development standards for JADUs may be provided subject to
the development standards in Government Code Sections 65852.2 and
65852.22. In any event, no more than four total units (including primary
dwelling units, ADUs and JADUs in any combination) on a lot.
5.
A
lot that is not created by an urban lot split may have a two-unit
residential development under this section plus any ADU or JADU that
is specifically allowed under state law and the City's ordinance.
New ADUs must meet the development criteria provided in this chapter,
and the development standards for JADUs may be provided subject to
the development standards in Government Code Sections 65852.2 and
65852.22. In any event, no more than four total units (including primary
dwelling units, ADUs and JADUs in any combination) on a lot.
C.
A two-unit
residential development shall be prohibited in each of the following
circumstances:
1.
The
two-unit residential development would 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 years.
An applicant for a two-unit residential development must demonstrate
whether any existing housing on the parcel was owner occupied or vacant
to the Community Development Director's satisfaction.
2.
The
parcel subject to the proposed housing development is a parcel on
which an owner of residential real property has exercised the owner's
rights under Government Code Section 7060 et seq. to withdraw accommodations
from rent or lease within 15 years before the date that the development
proponent submits an application.
3.
The
proposed housing development proposes to demolish more than 25% of
the existing exterior structural walls of an existing dwelling unless
the site has not been occupied by a tenant in the last three years.
4.
The
parcel subject to the proposed housing development is located within
a historic district or property included on the State Historic Resources
Inventory, as defined in Public Resources Code Section 5020.1, or
within a site that is designated or listed as a city or county landmark
or historic property or district pursuant to a city or county ordinance.
5.
The
two-unit residential development is on a parcel that does not meet
the requirements of paragraph (2) of subdivision (a) of Government
Code Section 65852.21 or any successor provision thereof.
6.
The
two-unit residential development would cause there to be more than
four total units – including primary dwelling units, accessory
dwelling units, and/or junior accessory dwelling units – on
any single parcel or on any two parcels that were created using the
urban lot split subdivision provisions of this chapter.
D.
Any
construction of a two-unit residential development shall conform to
all property development regulations of the zone in which the property
is located, including, but not limited to, height limits, stories,
setback, lot coverage, landscaping, usable open space, off-street
parking, and floor area ratio (FAR), as well as all fire, health,
safety and building provisions of this code, subject to the following
exceptions:
1.
No
setback shall be required for an existing structure, or a structure
constructed in the same location and to the same dimensions as an
existing structure. Verification of size and location of the existing
and proposed structure by City staff requires the applicant to provide
preand post-construction surveys by a California licensed land surveyor
to the City's satisfaction.
2.
For
all other dwelling units proposed in connection with a two-unit residential
development, a minimum setback of four feet, or the applicable setback
for the zone district, whichever is less, is required from the rear
and side property lines.
3.
Limits
on lot coverage, floor area ratio, landscaping, usable open space,
and unit size must permit two units of 800 square feet in connection
with a two-unit residential development. Any waivers or reductions
of development standards shall be the minimum waiver or reduction
necessary to avoid physically precluding two units of 800 square feet
in floor area. No waivers or reductions to applicable requirements
regarding height, stories, off-street parking, usable open space,
landscaping, or front yard setbacks shall be approved unless the applicant
demonstrates to the Community Development Director's satisfaction
that there is no other way to physically accommodate two 800 square
foot units on the site.
4.
New
dwelling units proposed in connection with a two-unit residential
development shall not exceed 16 feet and one story in height.
5.
New
dwelling units proposed in connection with a two-unit residential
development shall demonstrate compliance with other City departments,
governmental agencies or special districts as may be deemed appropriate
or necessary by the Community Development Director in order to carry
out the provisions of this code.
6.
All
dwelling units created in connection with a two-unit residential development
shall have independent exterior access.
7.
For
applications that do not involve an urban lot split subdivision pursuant
to this chapter, one of the dwellings on the lot must be the bona
fide principal residence of at least one legal owner of the lot containing
the dwelling, as evidenced at the time of approval of the two-unit
residential development by appropriate documents of title and residency.
Prior to the issuance of a building permit, the applicant shall provide
evidence that a covenant has been recorded stating that one of the
dwelling units on the lot shall remain owner occupied.
8.
Two-unit
residential developments shall only be used for rentals of terms of
longer than 30 days.
9.
To
ensure compliance with the provisions of the California Coastal Act
of 1976 and the approved Land Use Plan of the City's Certified Local
Coastal Program, the following parking requirements apply:
b.
For lots outside of the Coastal Zone as defined in Section 19.04.245 of this code, off-street parking of up to one space per unit is required, except that parking will not be required in either of the following instances:
i.
The parcel is located within one-half mile walking distance of either
a high-quality transit corridor as defined in subdivision (b) of Section
21155 of the Public Resources Code, or a major transit stop as defined
in Section 21064.3 of the Public Resources Code.
ii.
There is a car share vehicle located within one block of the parcel.
c.
If a two-unit residential development replaces an existing garage
or other required parking, replacement spaces shall be provided in
accordance with the requirements of the underlying zone.
10.
When a two-unit residential development dwelling unit is proposed
on a parcel with an existing singlefamily dwelling unit, the new unit
shall utilize the same exterior materials and colors as the existing
dwelling unit.
11.
Two-unit residential developments shall provide a new or separate
utility connection directly between each dwelling unit and the utility.
The connection may be subject to a connection fee or capacity charge.
12.
Two-unit residential developments shall be required to provide fire
sprinklers.
13.
Separate Conveyance.
a.
Primary dwelling units on the lot may not be owned or conveyed separately
from each other.
b.
Condominium airspace divisions and common interest developments are
not permitted within the lot.
c.
All fee interest in the lot and all the dwellings must be held equally
and undivided by all individual property owners.
E.
Applications
for two-unit residential developments conforming to the requirements
of this section shall be considered ministerially without discretionary
review or a hearing by the director of community development. Incomplete
applications will be returned with an explanation of what additional
information is required. Any approval must require the owner and applicant
to hold the City harmless from all claims and damages related to the
approval and its subject matter. Any approval must require the owner
and applicant to reimburse the City for all costs of enforcement,
including attorney's fees and costs associated with enforcing the
requirements of this code.
F.
A proposed
two-unit residential development may be denied if the Building Official
makes a written finding, based upon a preponderance of the evidence,
that the proposed housing development project would have a specific,
adverse impact, as defined and determined in paragraph (2) of subdivision
(d) of Section 65589.5 of the Government Code, upon public health
and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact.
G.
Prior
to the issuance of a building permit for a two-unit residential development
dwelling unit, the property owner shall record a covenant with the
County Recorder's Office, the form and content of which is satisfactory
to the City Attorney which includes the restrictions of this chapter
and applicable state law. Among other things, the covenant shall notify
future owners of the owner occupancy requirements, the approved size
and attributes of the units, and minimum rental period restrictions.
The covenant shall also reflect the number of units approved and provide
that no more than the allowable total units may be created on any
single parcel or on any two parcels created using urban lot split
subdivision procedures. The covenant shall include the development
standards for any new units. New ADUs must meet the development criteria
provided in this chapter and the development standards for JADUs may
be provided subject to the development standards in Government Code
Sections 65852.2 and 65852.22. If an urban lot split subdivision was
approved, the covenant shall provide that no variances shall be permitted
other than those code deviations expressly allowed by this chapter.
This covenant shall remain in effect so long as a two-unit residential
development exists on the parcel.
H.
In
cases of conflict between this section and any other provision of
this title, the provisions of this section shall prevail. To the extent
that any provision of this section is in conflict with state law,
the applicable provision of state law shall control, but all other
provisions of this section shall remain in full force and effect.
(Ord. 2022-1206 § 2; Ord. 2022-1207 § 2)
