(A) Proposed urban development units and urban lot splits must satisfy all the following general requirements to be considered eligible for ministerial review. The applicant shall demonstrate to the reasonable satisfaction of the Director that each of these requirements are satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the director, attesting to all facts necessary to establish that each requirement is satisfied. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties, and the city may require additional evidence of the applicant and owner, as necessary, to determine compliance with this requirement.
(B) Single-family zone. The subject property shall be located within the R-1 zone.
(C) Limited zones. The proposed development shall not be located on any site identified in Cal. Gov’t Code § 65913.4(a)(6)(B) through (K), unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Cal. Gov’t Code § 65913.4.
(D) Historic district. The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Cal. Public Resources Code § 5020.1, or within a site that is designated or listed as a city landmark or historic property pursuant to any city ordinance.
(E) Housing demolition. The proposed development shall not require the demolition or alteration of housing that is subject to the following:
(1) A recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Any form of rent or price control.
(3) Has been occupied by a tenant within the last three years.
(4) Involves the demolition of more than 25% of the existing exterior structural walls of any housing unit on the lot, if any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three years.
(5) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Cal. Gov’t Code § 7060 through 7060.7) at any time in the 15 years prior to submission of the two-unit project.
(F) Ownership. The subject property shall be owned solely by one or more individual property owners or entity.
(G) Existing improvements. The subject property shall not contain improvements that required issuance of a building permit at the time of construction, unless plans are submitted for approval, fees and permits are obtained for such improvements, including final inspection, prior to application for any residential development subject to this section.
(H) Urban lot split. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split, nor shall such lot be adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.
(Ord. 1503, passed 7-5-23)