(A) Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an urban development unit or units, the owner of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction recorded against the property, which is in a form acceptable to the Director, that includes the following.
(B) No short-term rental. Expressly requires the rental of any dwelling unit on the property be for a term longer than 30 consecutive days.
(C) Residential use only. Expressly prohibits any non-residential use of the lot.
(D) No separate conveyance. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.
(E) Equal ownership. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.
(F) No further subdivision of ownership. Expressly prohibits condominium airspace divisions and common interest developments on the property.
(G) Conformance with city requirements. States that the property was formed and/or developed pursuant to the provisions of this section and is therefore subject to the city regulations set forth in this section, including all applicable limits on dwelling size and development.
(H) Limits number of units. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.
(I) Benefit and enforcement by city. States all of the following:
(1) That the deed restriction is for the benefit of and is enforceable by the city.
(2) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns.
(3) That lack of compliance with the deed restriction shall be good cause for legal action against the owner of the property.
(4) That, if the city is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorney’s fees and court costs.
(5) That the deed restriction may not be modified or terminated without the prior written consent of the city.
(Ord. 1503, passed 7-5-23)