§ 18.48.043. Garage, carport and parking space requirements for residential structures qualifying for rehabilitation or reconstruction for Community Development Block Grant financing.

A.

Notwithstanding any provision in this chapter to the contrary, if the applicant for a building permit for rehabilitation of over fifty percent of the reasonable value of a qualifying residential structure subject to the permit, or the reconstruction of a qualifying residential structure subject to the permit, submits with the application a conditional loan commitment letter or letter of intent to finance issued under the Community Development Block Grant program of the city for the structure, the city in issuing the permit will not impose any condition on the permit pertaining to off-street parking requirements otherwise imposed or required of the city.

"Qualifying residential structure", as used in this section, means any single-family or multi-family residential structure financed by the city Community Development Block Grant which is restricted pursuant to federal or state law to ownership or occupancy by households with incomes not exceeding the criteria for persons and families of low income and moderate income, as defined by Section 50093 of the California Government Code, or more restrictive income criteria.

"Rehabilitation", as used in this section, shall mean the restoration of more than fifty percent of the reasonable value of the dwelling unit at the time of submitting the application for a building permit.

"Reconstruction", as used in this section, shall mean the complete or substantially complete rebuilding of an existing residential structure on the same parcel.

B.

In the event that a building permit shall be approved for a qualifying residential structure pursuant to subsection A of this section, portion(s) of the subject property not then in conformance with applicable off-street parking requirements shall be designated on the plans to ensure future compliance as required in this chapter when the property is sold or no longer qualifies for the Community Development Block Grant program financing. These plans, and the acknowledgement form signed by the property owner of the subject property, shall be recorded in the office of the county recorder.

C.

In the event the property is sold or no longer qualifies for the Community Development Block Grant Program, any real property or structures situated thereon that are not in compliance with applicable off-street parking requirements shall be subject to the enforcement and penalty provisions of Chapter 18.44 of this code.

(Ord. 360-2002 §1, 2002).