An urban lot split and/or a two-unit housing development must satisfy all of the following eligibility requirements. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Director that each of these requirements is satisfied.
(A) The subject parcel shall be located within a single-family residential zone.
(B) The applicant shall be the record owner of the subject parcel.
(C) The subject parcel was legally created in compliance with the Subdivision Map Act (Cal. Gov’t Code §§ 66410 et seq.) and Title 16 of this code, as applicable at the time the parcel was created. The Director may require a certificate of compliance to verify conformance with this requirement.
(D) The subject parcel shall not be located within an historic district or included on the State Historic Resources Inventory, as defined in Cal. Public Resources Code § 5020.1, or designated or listed on the Corona Register of Historic Resources or the Corona Heritage Inventory.
(E) The demolition or alteration of any of the following types of housing would be prohibited on the subject parcel as part of the urban lot split or two-unit housing development:
(1) Housing 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.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three years.
(F) The subject parcel is not a parcel on which an owner of residential real property has exercised the owner’s rights under Cal. Gov’t Code §§ 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the applicant submits an application for an urban lot split and/or a two-unit housing development.
(G) The subject parcel shall not be located within a special flood hazard area, as defined in § 18.08.191 of this code.
(H) The subject parcel shall not be located within a very high fire hazard severity zone pursuant to Chapter 15.16 of this code, unless the subject parcel complies with fire hazard mitigation measures adopted pursuant to Title 15 of this code.
(I) The subject parcel is not identified as a hazardous waste site pursuant to Cal. Gov’t Code § 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Cal. Health and Safety Code § 25356, 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.
(J) The subject parcel is not encumbered by a conservation easement.
(K) In the case of an urban lot split, the subject parcel shall not have been established through a prior urban lot split.
(L) In the case of an urban lot split, the subject parcel is not adjacent to any parcel or lot that was established through an urban lot split by the owner of the subject parcel or by any person acting in concert with the owner of the subject parcel.
(Ord. 3342 § 2 (part), 2022; Ord. 3341 § 3 (part), 2022.)