The Community Development Director or his/her designee will review and approve complete applications for Single Family Residential Duplex Permits for compliance with the requirements of this Chapter, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. The Single Family Residential Duplex Permit application shall be considered ministerially without any discretionary review or a public hearing.

The City may deny a Single Family Residential Duplex Permit application if it fails to comply with the requirements of this Chapter, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. In addition to the foregoing, the Community Development Director or his/her designee may deny a Single Family Residential Duplex Permit application if he or she makes a written finding, based upon a preponderance of the evidence, that the proposed single family residential duplex 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. Notwithstanding the foregoing, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

Except as otherwise provided in this Chapter, the construction of a single family residential duplex shall be subject to any applicable fees adopted pursuant to the requirements of Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).

Farmland. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon either prime farmland or farmland of Statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

Wetlands. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

Fire Zones. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.

Hazardous Waste Site. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

Earthquake Zone. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

Flood Plain Areas. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located within a special flood hazard area subject to inundation by the 1% annual chance flood (100 year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. Notwithstanding the foregoing, a single family residential duplex may be located on a site described in this subparagraph if either of the following are met: (A) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (B) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations, and complies with the City's regulations related to its City's Flood Plain Overlay Districts.

Regulatory Floodways. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the applicant has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations, and complies with the City's regulations related to its City's Flood Plain Overlay Districts.

Conservation Lands. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), other adopted natural resource protection plan, or that is otherwise subject to a conservation easement.

Protected Habitat. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), single family residential duplexes shall not be located upon habitats for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

Coastal Overlay District. Pursuant to Government Code Section 65852.21(k), nothing in this Section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resource Code). As such, in accordance with the City's Certified Local Coastal Program, no single family residential duplexes shall be located within the City's Coastal Overlay District without obtaining a Coastal Development Permit and otherwise complying with all provisions of the City's Local Coastal Program related to duplexes.

Existing Nonconforming Structure or Use. No single family residential duplex shall be constructed on any lot which has an existing development constructed upon it, which is nonconforming with respect to the City's current development standards without obtaining a Site Development Permit pursuant to Chapter 9.71. No single family residential duplex shall be constructed on any lot which has an existing development constructed upon it, which is nonconforming with respect to use.

Historic District or Property. No single family residential duplex shall be located within a historic district or upon 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.

Existing housing upon the lot which the single family residential duplex is proposed 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.

Existing housing upon the lot which the single family residential duplex is proposed that is subject to any form of rent or price control through the City's valid exercise of its police power.

Existing housing upon the lot which the single family residential duplex is proposed that has been occupied by a tenant in the last three years. In the event that a tenant has not occupied housing upon which the single family duplex is proposed within the last three years, the construction of a proposed single family residential duplex shall not result in the demolition of more than 25% of the existing housing exterior structural walls.

A single family residential duplex shall not be located upon a parcel 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 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the applicant submits an application.

All single family residential duplexes shall be constructed upon a permanent foundation.

Single family residential duplexes shall include sufficient permanent provisions for living, sleeping, eating, cooking, and sanitation, including, but not limited to, washer dryer hookups and kitchen facilities.

All single family residential duplexes must have separate utility connections and separate utility meters.

Each single family residential duplex unit shall be connected to the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.

All single family residential duplexes must meet the requirements of all Uniform Codes, including, but not limited to, the California Building Code and the California Fire Code, as such codes have been adopted and amended by Title 8 of the City of Dana Point Municipal Code.

All single family residential duplexes shall be architecturally consistent with the primary residential dwelling. In addition, all single family duplexes shall be designed and sited to: (A) be similar to the primary dwelling with respect to architectural style, roof pitch, color, and materials; (B) protect public access to and along the shoreline areas; (C) protect public views to and along the ocean and scenic coastal areas; (D) protect sensitive coastal resources; and (E) minimize and, where feasible, avoid shoreline hazards.

Solar panels shall be required for any single family residential duplexes.

No roof decks or balconies shall be constructed above or upon a single family residential duplex.

In the event that the property upon which the single family duplex is proposed is located within a Homeowners Association ("HOA"), the applicant shall submit to the City written evidence of the HOA's approval of the single family duplex concurrent with their Single Family Duplex Permit application.

Single family residential duplexes shall only be occupied by very-low to low-income households in perpetuity. A deed restriction shall be recorded prior to issuance of certificate of occupancy stating that, the single family residential duplex shall be occupied by very-low to low-income households in perpetuity. An annual report shall be submitted to the City of Dana Point Community Development Department to verify compliance with the income restriction requirements.

In no event shall single family duplexes be converted into condominiums.

At least one off street, covered, non-tandem parking space shall be provided per single family residential duplex via carport.

Parking spaces shall comply with Zoning Code Chapter 9.35, except as may be permitted in this Section, and be provided on the same lot as the single family residential duplex.

The foregoing parking standards shall not be imposed on a single family residential duplex in any of the following circumstances: