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A. Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two-unit development shall sign an affidavit, in the form approved by the City Attorney, stating that none of the conditions listed in Sections 19.77.040(C) and (D) exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

B. Recorded Covenant. Prior to the issuance of a building permit, the applicant shall record a restrictive covenant and agreement in the form prescribed by the City Attorney, which shall run with the land and provide for the following:

1. A prohibition on nonresidential use of any units developed or constructed through the two-unit development, including a prohibition against renting or leasing the units for fewer than thirty consecutive calendar days; and

2. A requirement that one of the units on the site be the principal residence of the owner.

The City Manager or designee is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant. (Ord. 2022-10 § 8 (Exh. B), 2023.)