17.712.040   Exempted development projects.
The following development projects are exempt from this chapter and generate no affordable housing obligation:
   A.   Mobilehome parks.
   B.   Development projects in which at least 10% of the dwelling units are affordable dwelling units. The affordable dwelling units shall have a regulatory agreement recorded on title, requiring the units to remain affordable for a period of no less than 30 years. The agreement shall be monitored by SHRA and the owners shall be subject to a monitoring fee as established by the guidelines authorized by section 17.712.090.
   C.   A new single-unit dwelling built by an owner-builder on his or her property if:
      1.   The owner does not intend to sell the dwelling within two years of completion of construction, and
      2.   The owner has not utilized this exemption set forth in this subsection on another dwelling within two years of applying for a building permit for the new dwelling, and
      3.   The owner personally performs the work, or the owner directly contracts with a contractor to perform the work.
   D.   Accessory dwelling units.
   E.   A development project subject to a development agreement adopted prior to October 3, 2000 (adoption date of Ordinance No. 2000-039), provided the development agreement has not expired.
   F.   A development project that obtained approval of site plan and design review or a tentative map prior to the effective date of the ordinance adopting this chapter, provided the project was exempt from the requirements of Ordinance No. 2000-039 at the time of application submittal. Subsequent modifications to or reapprovals of the approved site plan and design review or tentative map that do not increase or decrease the number of units by more than 10% shall not affect a development project's exemption pursuant to this subsection.
   G.   A multi-unit dwelling development project for which an application for site plan and design review or a tentative map had been submitted in accordance with section 17.800.010 prior to the effective date of the ordinance codified in this chapter, provided the development project was exempt from the requirements of Ordinance No. 2000-039 at the time of application submittal.
   H.   Uninhabitable square footage without conditioned air, such as garages, carports, open porches, open entryways, pool houses, storage, patio covers, and unfinished basements.
   I.   Community rooms for residential developments. (Ord. 2021-0023 § 43; Ord. 2015-0029 § 2)