SB 1123: Planning and zoning: subdivisions: ministerial review.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-09-19
Current Status:
Passed
(2024-09-19: Chaptered by Secretary of State. Chapter 294, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for multifamily residential development, is no larger than 5 acres, as specified, and the newly created parcels are no smaller than 600 square feet, except as provided. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities.
This bill would prohibit, if a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would revise the requirement that the lot be zoned for multifamily residential development and would instead require that the lot either be zoned for multifamily residential dwelling use or vacant, as defined, and zoned for single-family residential development. The bill would require that a vacant lot zoned for single-family residential development is no larger than 11/2 acres, as specified, and that if the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development.
The bill would include in the above-described certain requirements that the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
Existing law also includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots or owned by a community land trust, as defined.
This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. The bill would revise the above-described conditions to instead include being constructed on land owned by a community trust. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program.
Existing law, if a parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance, as specified, requires a proposed development to result in at least as many units as the maximum allowable residential density.
This bill would instead require the proposed development to result in at least 66% of the maximum allowable residential density as specified by local zoning or 66% of the applicable residential density, as specified, whichever is greater.
Existing law provides that a housing development project on a proposed site to be subdivided under these provisions is not required to comply with certain requirements, including a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size of 600 square feet, except as provided.
This bill would provide that an above-described housing development is also not required to comply with a minimum requirement on the frontage of an individual parcel created by the development.
This bill would require that its provisions become operative on July 1, 2025.
This bill would make related findings and declarations.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for multifamily residential development, is no larger than 5 acres, as specified, and the newly created parcels are no smaller than 600 square feet, except as provided. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities.
This bill would prohibit, if a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would revise the requirement that the lot be zoned for multifamily residential development and would instead require that the lot either be zoned for multifamily residential dwelling use or vacant, as defined, and zoned for single-family residential development. The bill would require that a vacant lot zoned for single-family residential development is no larger than 11/2 acres, as specified, and that if the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development.
The bill would include in the above-described certain requirements that the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
Existing law also includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots or owned by a community land trust, as defined.
This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. The bill would revise the above-described conditions to instead include being constructed on land owned by a community trust. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program.
Existing law, if a parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance, as specified, requires a proposed development to result in at least as many units as the maximum allowable residential density.
This bill would instead require the proposed development to result in at least 66% of the maximum allowable residential density as specified by local zoning or 66% of the applicable residential density, as specified, whichever is greater.
Existing law provides that a housing development project on a proposed site to be subdivided under these provisions is not required to comply with certain requirements, including a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size of 600 square feet, except as provided.
This bill would provide that an above-described housing development is also not required to comply with a minimum requirement on the frontage of an individual parcel created by the development.
This bill would require that its provisions become operative on July 1, 2025.
This bill would make related findings and declarations.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for multifamily residential development, is no larger than 5 acres, as specified, and is the newly created parcels are no smaller than 600 square feet, except as provided. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities.
This bill would prohibit, if a local agency chooses to permit accessory dwelling units and or junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would revise the requirement that the lot be zoned for multifamily residential development and would instead require that the lot either be zoned for multifamily residential dwelling use or vacant, as defined, and zoned for single-family residential development. The bill would also revise the above-described requirements to instead include that the lot require that a vacant lot zoned for single-family residential development is no larger than 11/2 acres, as specified, and that if the parcels are zoned for single-family residential units, use, the newly created parcels on average are no less are no smaller than 1,200 square feet. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development.
The bill would include in the above-described certain requirements that the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
Existing law also includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots or owned by a community land trust, as defined.
This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. The bill would revise the above-described conditions to instead include being constructed on land owned by a community trust. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program.
Existing law, if a parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance, as specified, requires a proposed development to result in at least as many units as the maximum allowable residential density.
This bill would instead require the proposed development to result in at least 66% of the maximum allowable residential density as specified by local zoning or 66% of the applicable residential density, as specified, whichever is greater.
Existing law provides that a housing development project on a proposed site to be subdivided under these provisions is not required to comply with certain requirements, including a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size of 600 square feet, except as provided.
This bill would provide that an above-described housing development is also not required to comply with a minimum requirement on the frontage of an individual parcel created by the development.
This bill would require that its provisions become operative on July 1, 2025.
This bill would make related findings and declarations.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for multifamily residential development, is no larger than 5 acres, as specified, and is no smaller than 600 square feet, except as provided. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities.
This bill would prohibit, if a local agency chooses to permit accessory dwelling units and junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would remove revise the requirement that the lot is be zoned for multifamily residential development and would instead require that before July 1, 2025, the lot either be zoned for multifamily residential dwelling use and on or after July 1, 2025, the lot either be zoned for multifamily residential dwelling use or vacant, as defined, and zoned for single-family residential development. The bill would also revise the above-described requirements to instead include that the lot is no larger than 11/2 acres, as specified, and that if the parcels are zoned for single-family residential units, the newly created parcels on average are no less than 1,200 square feet. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development.
The bill would include in the above-described certain requirements that the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
Existing law also includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots or owned by a community land trust, as defined.
This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. The bill would revise the above-described conditions to instead include being constructed on land owned by a community trust. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program.
Existing law, if a parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance, as specified, requires a proposed development to result in at least as many units as the maximum allowable residential density.
This bill would instead require the proposed development to result in at least 66% of the maximum allowable residential density as specified by local zoning or 66% of the applicable residential density, as specified, whichever is greater.
Existing law provides that a housing development project on a proposed site to be subdivided under these provisions is not required to comply with certain requirements, including a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size of 600 square feet, except as provided.
This bill would provide that an above-described housing development is also not required to comply with a minimum requirement on the frontage of an individual parcel created by the development.
This bill would require that its provisions become operative on July 1, 2025.
This bill would make related findings and declarations.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for multifamily residential development, is no larger than 5 acres, as specified, and is no smaller than 600 square feet, except as provided. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities.
This bill would prohibit, if a local agency chooses to permit accessory dwelling units and junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would remove the requirement that the lot is zoned for multifamily residential development and would instead require that before July 1, 2025, the lot be either zoned for multifamily residential dwelling use or vacant and on or after July 1, 2025, the lot either be zoned for multifamily residential dwelling use or vacant, as defined, and zoned for single-family residential development. The bill would also revise the above-described requirements to instead include that the lot is no larger than 11/2 acres, as specified, and that if the parcels are zoned for single-family residential units, the newly created parcels are no smaller on average are no less than 1,200 square feet. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development.
The bill would include in the above-described certain requirements that the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
Existing law also includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots or owned by a community land trust, as defined.
This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. The bill would revise the above-described conditions to instead include being constructed on land owned by a community trust. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program.
Existing law, if a parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance, as specified, requires a proposed development to result in at least as many units as the maximum allowable residential density.
This bill would instead require the proposed development to result in at least 66% of the maximum allowable residential density as specified by local zoning or 66% of the applicable residential density, as specified, whichever is greater.
Existing law provides that a housing development project on a proposed site to be subdivided under these provisions is not required to comply with certain requirements, including a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size of 600 square feet, except as provided.
This bill would provide that an above-described housing development is also not required to comply with a minimum requirement on the frontage of an individual parcel created by the development.
This bill would require that its provisions shall become operative on July 1, 2025.This bill would make related findings and declarations.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for multifamily residential development, is no larger than 5 acres, as specified, and is no smaller than 600 square feet, except as provided. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities.
This bill would prohibit, if a local agency chooses to permit accessory dwelling units and junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would remove the requirement that the lot is zoned for multifamily residential development and would instead require that the lot be either zoned for multifamily residential dwelling use or vacant and zoned for single-family residential development. The bill would also revise the above-described requirements to instead include that the lot is no larger than 11/2 acres, as specified, and that if the parcels are zoned for single-family residential units, the newly created parcels are no smaller than 1,200 square feet. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development.
The bill would include in the above-described certain requirements that the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
Existing law also includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots or owned by a community land trust, as defined.
This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. The bill would revise the above-described conditions to instead include being constructed on land owned by a community trust. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program.
Existing law provides that a housing development project on a proposed site to be subdivided under these provisions is not required to comply with certain requirements, including a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size of 600 square feet, except as provided.
This bill would provide that an above-described housing development is also not required to comply with a minimum requirement on the frontage of an individual parcel created by the development.
This bill would require that its provisions shall become operative on July 1, 2025.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, and is zoned for multifamily residential development. development, no larger than 5 acres, as specified, and no smaller than 600 square feet, except as provided. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities.
This bill would prohibit, if a local agency chooses to permit accessory dwelling units and junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would remove the requirement that the lot is zoned for multifamily residential development and would instead require that the lot be either zoned for multifamily residential dwelling use or vacant and zoned for single-family residential development. The bill would also revise the above-described requirements to instead include that the lot is no larger than 11/2 acres, as specified, and that if the parcels are zoned for single-family residential units, the newly created parcels are no smaller than 1,200 square feet. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development.
Existing law also includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots or owned by a community land trust, as defined.
This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. The bill would revise the above-described conditions to instead include being constructed on land owned by a community trust. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program.
Existing law provides that a housing development project on a proposed site to be subdivided under these provisions is not required to comply with certain requirements, including a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size of 600 square feet, except as provided.
This bill would provide that an above-described housing development is also not required to comply with a minimum requirement on the frontage of an individual parcel created by the development.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. units, and is zoned for multifamily residential development. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities.
This bill would prohibit, if a local agency chooses to permit accessory dwelling units and junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would remove the requirement that the lot is zoned for multifamily residential development and would instead require that the lot be either zoned for multifamily residential dwelling use or vacant and zoned for single-family residential development. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development.
Existing law also includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots or owned by a community land trust, as defined.
This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. The bill would revise the above-described conditions to instead include being constructed on land owned by a community trust. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program.
Existing law provides that a housing development project on a proposed site to be subdivided under these provisions is not required to comply with certain requirements, including a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size of 600 square feet, except as provided.
This bill would provide that an above-described housing development is also not required to comply with a minimum requirement on the frontage of an individual parcel created by the development.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements. Existing law includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots. requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units.
This bill would prohibit, if a local agency chooses to permit accessory dwelling units and junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units.
Existing law also includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots or owned by a community land trust, as defined.
This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. The bill would revise the above-described conditions to instead include being constructed on land owned by a community trust. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program.
Existing law provides that a housing development project on a proposed site to be subdivided under these provisions is not required to comply with certain requirements, including a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size of 600 square feet, except as provided.
This bill would provide that an above-described housing development is also not required to comply with a minimum requirement on the frontage of an individual parcel created by the development.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements. Existing law includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots.
This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Legislature finds and declares all of the following:
(a)California has a statewide housing crisis, represented by a shortage of nearly 3,500,000 homes.
(b)Californias housing crisis stifles economic growth, contributes to the homelessness epidemic, consumes an ever-growing share of the paychecks of working families, and holds millions of households back from realizing the California dream of home ownership.
(c)Restrictive zoning, land use, and burdensome permitting policies at the local and state level are a major cause of the shortfall between Californias housing needs and the available supply of housing.
(d)Home ownership is still the primary way in which most Americans build wealth and assets. California has the third highest median home price in the country and the high cost of housing has pushed what was once a modest goal further and further out of reach for most people of color.
(e)Home ownership rates in California are among the lowest nationwide, and in recent years those numbers have continued downward. Between 2020 and 2022, inclusive, California home ownership declined by 3.19 percent.
(f)While the home ownership gap is an issue throughout the country, the rate of African American and Latinx home ownership is significantly worse in California. At a national level, African Americans and Latinx have a home ownership rate of 42 percent and 47 percent, respectively, while here in California, that rate drops down to 35 percent and 42 percent, respectively.
(g)The Legislative Analysts Office has identified a lack of housing supply as one of the culprits for the severe home ownership gap. The offices 2016 housing affordability report found that the states housing shortage also makes many Californians, not only low-income residents, more likely to commute longer distances, live in overcrowded housing, and delay or forgo home ownership.
(h)According to the Urban Institute, multifamily construction built for sale accounted for only 5.4 percent of all multifamily starts and only 2.7 percent of all single-family and multifamily home construction for the first three quarters of 2021.
(i)Houses cost more in California due to increased costs, heavy regulatory hurdles, and mandatory features and fees that add tens of thousands of dollars to the cost of each unit.
(j)Access to sustainable home ownership can be expanded with fiscal assistance, housing counseling, sound lending, flexible underwriting that ensures the ability to pay, and backing by Federal Housing Administration (FHA) mortgage insurance.
(k)As production has slowed and changed, for-sale inventory has tightened, particularly for entry-level homes.
(l)Higher home prices have translated to less diversity in who is able to purchase a home.
(m)Home ownership is a powerful tool to close the racial and ethnic wealth gap across the State of California and nationwide.
(n)The production of new market-rate housing frees up existing, more affordable housing elsewhere in the region for sale or rent to lower and middle-income households.
SEC. 2.Section 65852.28 of the Government Code is amended to read:65852.28.(a)A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that meets the requirements of this section.
(b)(1)For any housing development on a lot that is subdivided pursuant to Section 66499.41, a local agency may impose objective zoning standards, objective subdivision standards, or objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or Section 66499.41.
(2)Notwithstanding paragraph (1), a local agency shall not impose on a housing development on a lot that is subdivided pursuant to Section 66499.41 an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
(A)(i)Physically precludes the development of a project built to densities as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. This paragraph does not preclude a local agency from adopting an ordinance that allows developments at a density greater than the maximum density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(ii)Notwithstanding clause (i), for a development located on a lot that meets the definition of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 66499.41, a local agency may impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
(B)Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
(C)Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).
(D)Requires that parking be enclosed or covered.
(E)Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.
(F)Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(i)For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.
(ii)For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.
(c)(1)A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
(2)A local agency shall approve or deny an application for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)A local agency may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(f)This section shall become operative on July 1, 2024.
(g)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
SEC. 3.Section 66499.41 of the Government Code is amended to read:66499.41.(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g).
(2)The lot proposed to be subdivided meets all of the following sets of requirements:
(A)The lot is one of the following:
(i)Zoned to allow multifamily residential dwelling use.
(ii)Vacant and zoned for single-family residential development. For purposes of this paragraph, vacant means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as vacant:
(I)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
(II)Housing that is subject to any form of rent or sales price control through a local public entitys valid exercise of its police power.
(III)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(B)(i)A lot zoned to allow multifamily residential dwelling use is no larger than five acres and is substantially surrounded by qualified urban uses.
(ii)A vacant lot zoned for single-family residential development is no larger than one and one-half acres and is substantially surrounded by qualified urban uses.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.
(II)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C)The lot is a legal parcel located within one of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(D)The lot was not established pursuant to this section or Section 66411.7.
(3)(A)Except as specified in subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet.
(B)If the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet.
(C)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4)The housing units on the lot proposed to be subdivided are one of the following:
(A)Constructed on fee simple ownership lots.
(B)Part of a common interest development.
(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D)Constructed on land owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B)(i)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least 66 percent of the maximum allowable residential density as specified by local zoning or 66 percent of the applicable residential density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is greater.
(ii)Where local zoning does not specify a maximum allowable residential density, the development will result in at least 66 percent of the applicable residential density as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.
(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(9)The lot proposed to be subdivided is not located on a site that is any of the following:
(A)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.
(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)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.
(D)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 former Section 25356 of the Health and Safety Code, unless either of the following applies:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E)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.
(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)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.
(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H)Land 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.), or another adopted natural resource protection plan.
(I)Habitat 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).
(J)Land under conservation easement.
(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(13)The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with either of the following requirements:
(1)A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).
(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
(B)The applicable local government has an adopted housing element that is compliant with applicable law.
(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
(k)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
SEC. 4.The Legislature finds and declares that the state faces a severe housing shortage, largely due to the lack of available housing affordable to lower and moderate-income families. By expanding opportunities for ownership of more affordable housing types on smaller, less expensive parcels, this act ensures access to affordable housing and addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2 and 3 of this act amending Sections 65852.28 and 66499.41 of the Government Code apply to all cities, including charter cities.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)California has a statewide housing crisis, represented by a shortage of nearly 3,500,000 homes.
(b)Californias housing crisis stifles economic growth, contributes to the homelessness epidemic, consumes an ever-growing share of the paychecks of working families, and holds millions of households back from realizing the California dream of home ownership.
(c)Restrictive zoning, land use, and burdensome permitting policies at the local and state level are a major cause of the shortfall between Californias housing needs and the available supply of housing.
(d)Home ownership is still the primary way in which most Americans build wealth and assets. California has the third highest median home price in the country and the high cost of housing has pushed what was once a modest goal further and further out of reach for most people of color.
(e)Home ownership rates in California are among the lowest nationwide, and in recent years those numbers have continued downward. Between 2020 and 2022, inclusive, California home ownership declined by 3.19 percent.
(f)While the home ownership gap is an issue throughout the country, the rate of African American and Latinx home ownership is significantly worse in California. At a national level, African Americans and Latinx have a home ownership rate of 42 percent and 47 percent, respectively, while here in California, that rate drops down to 35 percent and 42 percent, respectively.
(g)The Legislative Analysts Office has identified a lack of housing supply as one of the culprits for the severe home ownership gap. The offices 2016 housing affordability report found that the states housing shortage also makes many Californians, not only low-income residents, more likely to commute longer distances, live in overcrowded housing, and delay or forgo home ownership.
(h)According to the Urban Institute, multifamily construction built for sale accounted for only 5.4 percent of all multifamily starts and only 2.7 percent of all single-family and multifamily home construction for the first three quarters of 2021.
(i)Houses cost more in California due to increased costs, heavy regulatory hurdles, and mandatory features and fees that add tens of thousands of dollars to the cost of each unit.
(j)Access to sustainable home ownership can be expanded with fiscal assistance, housing counseling, sound lending, flexible underwriting that ensures the ability to pay, and backing by Federal Housing Administration (FHA) mortgage insurance.
(k)As production has slowed and changed, for-sale inventory has tightened, particularly for entry-level homes.
(l)Higher home prices have translated to less diversity in who is able to purchase a home.
(m)Home ownership is a powerful tool to close the racial and ethnic wealth gap across the State of California and nationwide.
(n)The production of new market-rate housing frees up existing, more affordable housing elsewhere in the region for sale or rent to lower and middle-income households.
SEC. 2.Section 65852.28 of the Government Code is amended to read:65852.28.(a)A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that meets the requirements of this section.
(b)(1)For any housing development on a lot that is subdivided pursuant to Section 66499.41, a local agency may impose objective zoning standards, objective subdivision standards, or objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or Section 66499.41.
(2)Notwithstanding paragraph (1), a local agency shall not impose on a housing development on a lot that is subdivided pursuant to Section 66499.41 an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
(A)(i)Physically precludes the development of a project built to densities as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. This paragraph does not preclude a local agency from adopting an ordinance that allows developments at a density greater than the maximum density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(ii)Notwithstanding clause (i), for a development located on a lot that meets the definition of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 66499.41, a local agency may impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
(B)Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
(C)Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).
(D)Requires that parking be enclosed or covered.
(E)Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.
(F)Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(i)For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.
(ii)For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.
(c)(1)A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
(2)A local agency shall approve or deny an application for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)A local agency may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(f)This section shall become operative on July 1, 2024.
(g)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
SEC. 3.Section 66499.41 of the Government Code is amended to read:66499.41.(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g).
(2)The lot proposed to be subdivided meets all of the following sets of requirements:
(A)The lot is one of the following:
(i)Zoned to allow multifamily residential dwelling use.
(ii)Vacant and zoned for single-family residential development. For purposes of this paragraph, vacant means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as vacant:
(I)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
(II)Housing that is subject to any form of rent or sales price control through a local public entitys valid exercise of its police power.
(III)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(B)(i)A lot zoned to allow multifamily residential dwelling use is no larger than five acres and is substantially surrounded by qualified urban uses.
(ii)A vacant lot zoned for single-family residential development is no larger than one and one-half acres and is substantially surrounded by qualified urban uses.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.
(II)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C)The lot is a legal parcel located within one of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(D)The lot was not established pursuant to this section or Section 66411.7.
(3)(A)Except as specified in subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet.
(B)If the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet.
(C)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4)The housing units on the lot proposed to be subdivided are one of the following:
(A)Constructed on fee simple ownership lots.
(B)Part of a common interest development.
(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D)Constructed on land owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B)(i)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least 66 percent of the maximum allowable residential density as specified by local zoning or 66 percent of the applicable residential density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is greater.
(ii)Where local zoning does not specify a maximum allowable residential density, the development will result in at least 66 percent of the applicable residential density as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.
(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(9)The lot proposed to be subdivided is not located on a site that is any of the following:
(A)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.
(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)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.
(D)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 former Section 25356 of the Health and Safety Code, unless either of the following applies:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E)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.
(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)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.
(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H)Land 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.), or another adopted natural resource protection plan.
(I)Habitat 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).
(J)Land under conservation easement.
(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(13)The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with either of the following requirements:
(1)A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).
(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
(B)The applicable local government has an adopted housing element that is compliant with applicable law.
(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
(k)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
SEC. 4.The Legislature finds and declares that the state faces a severe housing shortage, largely due to the lack of available housing affordable to lower and moderate-income families. By expanding opportunities for ownership of more affordable housing types on smaller, less expensive parcels, this act ensures access to affordable housing and addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2 and 3 of this act amending Sections 65852.28 and 66499.41 of the Government Code apply to all cities, including charter cities.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)California has a statewide housing crisis, represented by a shortage of nearly 3,500,000 homes.
(b)Californias housing crisis stifles economic growth, contributes to the homelessness epidemic, consumes an ever-growing share of the paychecks of working families, and holds millions of households back from realizing the California dream of home ownership.
(c)Restrictive zoning, land use, and burdensome permitting policies at the local and state level are a major cause of the shortfall between Californias housing needs and the available supply of housing.
(d)Home ownership is still the primary way in which most Americans build wealth and assets. California has the third highest median home price in the country and the high cost of housing has pushed what was once a modest goal further and further out of reach for most people of color.
(e)Home ownership rates in California are among the lowest nationwide, and in recent years those numbers have continued downward. Between 2020 and 2022, inclusive, California home ownership declined by 3.19 percent.
(f)While the home ownership gap is an issue throughout the country, the rate of African American and Latinx home ownership is significantly worse in California. At a national level, African Americans and Latinx have a home ownership rate of 42 percent and 47 percent, respectively, while here in California, that rate drops down to 35 percent and 42 percent, respectively.
(g)The Legislative Analysts Office has identified a lack of housing supply as one of the culprits for the severe home ownership gap. The offices 2016 housing affordability report found that the states housing shortage also makes many Californians, not only low-income residents, more likely to commute longer distances, live in overcrowded housing, and delay or forgo home ownership.
(h)According to the Urban Institute, multifamily construction built for sale accounted for only 5.4 percent of all multifamily starts and only 2.7 percent of all single-family and multifamily home construction for the first three quarters of 2021.
(i)Houses cost more in California due to increased costs, heavy regulatory hurdles, and mandatory features and fees that add tens of thousands of dollars to the cost of each unit.
(j)Access to sustainable home ownership can be expanded with fiscal assistance, housing counseling, sound lending, flexible underwriting that ensures the ability to pay, and backing by Federal Housing Administration (FHA) mortgage insurance.
(k)As production has slowed and changed, for-sale inventory has tightened, particularly for entry-level homes.
(l)Higher home prices have translated to less diversity in who is able to purchase a home.
(m)Home ownership is a powerful tool to close the racial and ethnic wealth gap across the State of California and nationwide.
(n)The production of new market-rate housing frees up existing, more affordable housing elsewhere in the region for sale or rent to lower and middle-income households.
SEC. 2.Section 65852.28 of the Government Code is amended to read:65852.28.(a)A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that meets the requirements of this section.
(b)(1)For any housing development on a lot that is subdivided pursuant to Section 66499.41, a local agency may impose objective zoning standards, objective subdivision standards, or objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or Section 66499.41.
(2)Notwithstanding paragraph (1), a local agency shall not impose on a housing development on a lot that is subdivided pursuant to Section 66499.41 an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
(A)(i)Physically precludes the development of a project built to densities as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. This paragraph does not preclude a local agency from adopting an ordinance that allows developments at a density greater than the maximum density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(ii)Notwithstanding clause (i), for a development located on a lot that meets the definition of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 66499.41, a local agency may impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
(B)Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
(C)Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).
(D)Requires that parking be enclosed or covered.
(E)Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.
(F)Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(i)For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.
(ii)For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.
(c)(1)A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
(2)A local agency shall approve or deny an application for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)A local agency may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(f)This section shall become operative on July 1, 2024.
(g)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
SEC. 3.Section 66499.41 of the Government Code is amended to read:66499.41.(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g).
(2)The lot proposed to be subdivided meets all of the following sets of requirements:
(A)The lot is one of the following:
(i)Zoned to allow multifamily residential dwelling use.
(ii)Vacant and zoned for single-family residential development. For purposes of this clause, paragraph, vacant means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as vacant:
(I)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
(II)Housing that is subject to any form of rent or sales price control through a local public entitys valid exercise of its police power.
(III)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(B)(i)A lot zoned to allow multifamily residential dwelling use is no larger than five acres and is substantially surrounded by qualified urban uses.
(B)The lot(ii)A vacant lot zoned for single-family residential development is no larger than one and one-half acres and is substantially surrounded by qualified urban uses. For
(iii)For purposes of this subparagraph, the following definitions apply:
(i)(I)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.
(ii)(II)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C)The lot is a legal parcel located within one of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(D)The lot was not established pursuant to this section or Section 66411.7.
(3)(A)Except as specified in subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet.
(B)If the parcels are zoned for single-family residential use, the newly created parcels on average are not less are no smaller than 1,200 square feet.
(C)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4)The housing units on the lot proposed to be subdivided are one of the following:
(A)Constructed on fee simple ownership lots.
(B)Part of a common interest development.
(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D)Constructed on land owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B)(i)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least 66 percent of the maximum allowable residential density as specified by local zoning or 66 percent of the applicable residential density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is greater.
(ii)Where local zoning does not specify a maximum allowable residential density, the development will result in at least 66 percent of the applicable residential density as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.
(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(9)The lot proposed to be subdivided is not located on a site that is any of the following:
(A)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.
(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)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.
(D)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 former Section 25356 of the Health and Safety Code, unless either of the following applies:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E)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.
(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)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.
(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H)Land 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.), or another adopted natural resource protection plan.
(I)Habitat 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).
(J)Land under conservation easement.
(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(13)The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with either of the following requirements:
(1)A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).
(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
(B)The applicable local government has an adopted housing element that is compliant with applicable law.
(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
(k)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
SEC. 4.The Legislature finds and declares that the state faces a severe housing shortage, largely due to the lack of available housing affordable to lower and moderate-income families. By expanding opportunities for ownership of more affordable housing types on smaller, less expensive parcels, this act ensures access to affordable housing and addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2 and 3 of this act amending Sections 65852.28 and 66499.41 of the Government Code apply to all cities, including charter cities.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)California has a statewide housing crisis, represented by a shortage of nearly 3,500,000 homes.
(b)Californias housing crisis stifles economic growth, contributes to the homelessness epidemic, consumes an ever-growing share of the paychecks of working families, and holds millions of households back from realizing the California dream of home ownership.
(c)Restrictive zoning, land use, and burdensome permitting policies at the local and state level are a major cause of the shortfall between Californias housing needs and the available supply of housing.
(d)Home ownership is still the primary way in which most Americans build wealth and assets. California has the third highest median home price in the country and the high cost of housing has pushed what was once a modest goal further and further out of reach for most people of color.
(e)Home ownership rates in California are among the lowest nationwide, and in recent years those numbers have continued downward. Between 2020 and 2022, inclusive, California home ownership declined by 3.19 percent.
(f)While the home ownership gap is an issue throughout the country, the rate of African American and Latinx home ownership is significantly worse in California. At a national level, African Americans and Latinx have a home ownership rate of 42 percent and 47 percent, respectively, while here in California, that rate drops down to 35 percent and 42 percent, respectively.
(g)The Legislative Analysts Office has identified a lack of housing supply as one of the culprits for the severe home ownership gap. The offices 2016 housing affordability report found that the states housing shortage also makes many Californians, not only low-income residents, more likely to commute longer distances, live in overcrowded housing, and delay or forgo home ownership.
(h)According to the Urban Institute, multifamily construction built for sale accounted for only 5.4 percent of all multifamily starts and only 2.7 percent of all single-family and multifamily home construction for the first three quarters of 2021.
(i)Houses cost more in California due to increased costs, heavy regulatory hurdles, and mandatory features and fees that add tens of thousands of dollars to the cost of each unit.
(j)Access to sustainable home ownership can be expanded with fiscal assistance, housing counseling, sound lending, flexible underwriting that ensures the ability to pay, and backing by Federal Housing Administration (FHA) mortgage insurance.
(k)As production has slowed and changed, for-sale inventory has tightened, particularly for entry-level homes.
(l)Higher home prices have translated to less diversity in who is able to purchase a home.
(m)Home ownership is a powerful tool to close the racial and ethnic wealth gap across the State of California and nationwide.
(n)The production of new market-rate housing frees up existing, more affordable elsewhere in the region for sale or rent to lower and middle-income households.
SEC. 2.Section 65852.28 of the Government Code is amended to read:65852.28.(a)A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that meets the requirements of this section.
(b)(1)For any housing development on a lot that is subdivided pursuant to Section 66499.41, a local agency may impose objective zoning standards, objective subdivision standards, or objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or Section 66499.41.
(2)Notwithstanding paragraph (1), a local agency shall not impose on a housing development on a lot that is subdivided pursuant to Section 66499.41 an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
(A)(i)Physically precludes the development of a project built to densities as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. This paragraph does not preclude a local agency from adopting an ordinance that allows developments at a density greater than the maximum density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(ii)Notwithstanding clause (i), for a development located on a lot that meets the definition of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 66499.41, a local agency may impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
(B)Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
(C)Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).
(D)Requires that parking be enclosed or covered.
(E)Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.
(F)Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(i)For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.
(ii)For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.
(c)(1)A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
(2)A local agency shall approve or deny an application for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)A local agency may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(f)This section shall become operative on July 1, 2024.
(g)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
SEC. 3.Section 66499.41 of the Government Code is amended to read:66499.41.(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g).
(2)The lot proposed to be subdivided meets all of the following sets of requirements:
(A)(i)Before July 1, 2025, the lot is zoned to allow multifamily residential dwelling use. The lot is one of the following:
(ii)On and after July 1, 2025, the lot is one of the following:(I)(i)Zoned to allow multifamily residential dwelling use.
(II)(ii)Vacant and zoned for single-family residential development. For purposes of this clause, vacant means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as vacant:
(ia)(I)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
(ib)(II)Housing that is subject to any form of rent or sales price control through a local public entitys valid exercise of its police power.
(ic)(III)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(B)The lot is no larger than one and one-half acres and is substantially surrounded by qualified urban uses. For purposes of this subparagraph, the following definitions apply:
(i)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.
(ii)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C)The lot is a legal parcel located within one of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(D)The lot was not established pursuant to this section or Section 66411.7.
(3)(A)Except as specified in subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet.
(B)If the parcels are zoned for single-family residential use, the newly created parcels on average are not less than 1,200 square feet.
(C)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4)The housing units on the lot proposed to be subdivided are one of the following:
(A)Constructed on fee simple ownership lots.
(B)Part of a common interest development.
(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D)Constructed on land owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B)(i)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least 66 percent of the maximum allowable residential density as specified by local zoning or 66 percent of the applicable residential density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is greater.
(ii)Where local zoning does not specify a maximum allowable residential density, the development will result in at least 66 percent of the applicable residential density as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.
(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(9)The lot proposed to be subdivided is not located on a site that is any of the following:
(A)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.
(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)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.
(D)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 either of the following applies:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E)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.
(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)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.
(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H)Land 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.), or another adopted natural resource protection plan.
(I)Habitat 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).
(J)Land under conservation easement.
(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(13)The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with either of the following requirements:
(1)A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).
(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
(B)The applicable local government has an adopted housing element that is compliant with applicable law.
(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
(k)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
SEC. 4.The Legislature finds and declares that the state faces a severe housing shortage, largely due to the lack of available housing affordable to lower and moderate-income families. By expanding opportunities for ownership of more affordable housing types on smaller, less expensive parcels, this act ensures access to affordable housing and addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2 and 3 of this act amending Sections 65852.28 and 66499.41 of the Government Code apply to all cities, including charter cities.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The Legislature finds and declares all of the following:
(a)California has a statewide housing crisis, represented by a shortage of nearly 3,500,000 homes.
(b)Californias housing crisis stifles economic growth, contributes to the homelessness epidemic, consumes an ever-growing share of the paychecks of working families, and holds millions of households back from realizing the California dream of home ownership.
(c)Restrictive zoning, land use, and burdensome permitting policies at the local and state level are a major cause of the shortfall between Californias housing needs and the available supply of housing.
(d)Home ownership is still the primary way in which most Americans build wealth and assets. California has the third highest median home price in the country and the high cost of housing has pushed what was once a modest goal further and further out of reach for most people of color.
(e)Home ownership rates in California are among the lowest nationwide, and in recent years those numbers have continued downward. Between 2020 and 2022, inclusive, California home ownership declined by 3.19 percent.
(f)While the home ownership gap is an issue throughout the country, the rate of African American and Latinx home ownership is significantly worse in California. At a national level, African Americans and Latinx have a home ownership rate of 42 percent and 47 percent, respectively, while here in California, that rate drops down to 35 percent and 42 percent, respectively.
(g)The Legislative Analysts Office has identified a lack of housing supply as one of the culprits for the severe home ownership gap. The offices 2016 housing affordability report found that the states housing shortage also makes many Californians, not only low-income residents, more likely to commute longer distances, live in overcrowded housing, and delay or forgo home ownership.
(h)According to the Urban Institute, multifamily construction built for sale accounted for only 5.4 percent of all multifamily starts and only 2.7 percent of all single-family and multifamily home construction for the first three quarters of 2021.
(i)Houses cost more in California due to increased costs, heavy regulatory hurdles, and mandatory features and fees that add tens of thousands of dollars to the cost of each unit.
(j)Access to sustainable home ownership can be expanded with fiscal assistance, housing counseling, sound lending, flexible underwriting that ensures the ability to pay, and backing by Federal Housing Administration (FHA) mortgage insurance.
(k)As production has slowed and changed, for-sale inventory has tightened, particularly for entry-level homes.
(l)Higher home prices have translated to less diversity in who is able to purchase a home.
(m)Home ownership is a powerful tool to close the racial and ethnic wealth gap across the State of California and nationwide.
(n)The production of new market-rate housing frees up existing, more affordable elsewhere in the region for sale or rent to lower and middle-income households.
SECTION 1.SEC. 2.Section 65852.28 of the Government Code is amended to read:65852.28.(a)A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that meets the requirements of this section.
(b)(1)For any housing development on a lot that is subdivided pursuant to Section 66499.41, a local agency may impose objective zoning standards, objective subdivision standards, or objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or Section 66499.41.
(2)Notwithstanding paragraph (1), a local agency shall not impose on a housing development on a lot that is subdivided pursuant to Section 66499.41 an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
(A)(i)Physically precludes the development of a project built to densities as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. This paragraph does not preclude a local agency from adopting an ordinance that allows developments at a density greater than the maximum density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(ii)Notwithstanding clause (i), for a development located on a lot that meets the definition of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 66499.41, a local agency may impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
(B)Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
(C)Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).
(D)Requires that parking be enclosed or covered.
(E)Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.
(F)Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(i)For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.
(ii)For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.
(c)(1)A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
(2)A local agency shall approve or deny an application for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)A local agency may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(f)This section shall become operative on July 1, 2024.(g)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.SEC. 2.SEC. 3.Section 66499.41 of the Government Code is amended to read:66499.41.(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g).
(2)The lot proposed to be subdivided meets all of the following sets of requirements:
(A)The (i)Before July 1, 2025, the lot is one of the following:
(i)Zoned zoned to allow multifamily residential dwelling use.
(ii)On and after July 1, 2025, the lot is one of the following:
(I)Zoned to allow multifamily residential dwelling use.
(ii)(II)Vacant and zoned for single-family residential development. For purposes of this clause, vacant means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as vacant:
(ia)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
(ib)Housing that is subject to any form of rent or sales price control through a local public entitys valid exercise of its police power.
(ic)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(B)The lot is no larger than one and one-half acres and is substantially surrounded by qualified urban uses. For purposes of this subparagraph, the following definitions apply:
(i)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.
(ii)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C)The lot is a legal parcel located within one of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(D)The lot was not established pursuant to this section or Section 66411.7.
(3)(A)Except as specified in subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet.
(B)If the parcels are zoned for single-family residential use, the newly created parcels are no smaller on average are not less than 1,200 square feet.
(C)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4)The housing units on the lot proposed to be subdivided are one of the following:
(A)Constructed on fee simple ownership lots.
(B)Part of a common interest development.
(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D)Constructed on land owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B)(i)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as 66 percent of the maximum allowable residential density. density as specified by local zoning or 66 percent of the applicable residential density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is greater.
(ii)Where local zoning does not specify a maximum allowable residential density, the development will result in at least 66 percent of the applicable residential density as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.
(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(9)The lot proposed to be subdivided is not located on a site that is any of the following:
(A)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.
(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)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.
(D)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 either of the following applies:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E)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.
(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)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.
(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H)Land 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.), or another adopted natural resource protection plan.
(I)Habitat 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).
(J)Land under conservation easement.
(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(13)The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with either of the following requirements:
(1)A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).
(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
(B)The applicable local government has an adopted housing element that is compliant with applicable law.
(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
(k)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.SEC. 4.The Legislature finds and declares that the state faces a severe housing shortage, largely due to the lack of available housing affordable to lower and moderate-income families. By expanding opportunities for ownership of more affordable housing types on smaller, less expensive parcels, this act ensures access to affordable housing and addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2 and 3 of this act amending Sections 65852.28 and 66499.41 of the Government Code apply to all cities, including charter cities.
SEC. 3.SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that meets the requirements of this section.
(b)(1)For any housing development on a lot that is subdivided pursuant to Section 66499.41, a local agency may impose objective zoning standards, objective subdivision standards, or objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or Section 66499.41.
(2)Notwithstanding paragraph (1), a local agency shall not impose on a housing development on a lot that is subdivided pursuant to Section 66499.41 an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
(A)(i)Physically precludes the development of a project built to densities as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. This paragraph does not preclude a local agency from adopting an ordinance that allows developments at a density greater than the maximum density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(ii)Notwithstanding clause (i), for a development located on a lot that meets the definition of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 66499.41, a local agency may impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
(B)Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
(C)Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).
(D)Requires that parking be enclosed or covered.
(E)Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.
(F)Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(i)For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.
(ii)For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.
(c)(1)A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
(2)A local agency shall approve or deny an application for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)A local agency may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(f)This section shall become operative on July 1, 2024.
(g)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
SEC. 2.Section 66499.41 of the Government Code is amended to read:66499.41.(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g).
(2)The lot proposed to be subdivided meets all of the following sets of requirements:
(A)The lot is one of the following:
(i)Zoned to allow multifamily residential dwelling use.
(ii)Vacant and zoned for single-family residential development.
(B)The lot is no larger than one and one-half acres and is substantially surrounded by qualified urban uses. For purposes of this subparagraph, the following definitions apply:
(i)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.
(ii)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C)The lot is a legal parcel located within one of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(D)The lot was not established pursuant to this section or Section 66411.7.
(3)(A)Except as specified in subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet.
(B)If the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet.
(C)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4)The housing units on the lot proposed to be subdivided are one of the following:
(A)Constructed on fee simple ownership lots.
(B)Part of a common interest development.
(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D)Constructed on land owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as the maximum allowable residential density.
(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.
(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(9)The lot proposed to be subdivided is not located on a site that is any of the following:
(A)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.
(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)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.
(D)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 either of the following apply: applies:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E)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.
(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are is met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)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.
(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H)Land 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.), or another adopted natural resource protection plan.
(I)Habitat 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).
(J)Land under conservation easement.
(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(13)The proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.
(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with either of the following requirements:
(1)A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).
(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
(B)The applicable local government has an adopted housing element that is compliant with applicable law.
(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
(k)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that meets the requirements of this section.
(b)(1)For any housing development on a lot that is subdivided pursuant to Section 66499.41, a local agency may impose objective zoning standards, objective subdivision standards, or objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or Section 66499.41.
(2)Notwithstanding paragraph (1), a local agency shall not impose on a housing development on a lot that is subdivided pursuant to Section 66499.41 an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
(A)(i)Physically precludes the development of a project built to densities as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. This paragraph does not preclude a local agency from adopting an ordinance that allows developments at a density greater than the maximum density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(ii)Notwithstanding clause (i), for a development located on a lot that meets the definition of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 66499.41, a local agency may impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
(B)Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
(C)Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).
(D)Requires that parking be enclosed or covered.
(E)Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.
(F)Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(i)For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.
(ii)For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.
(c)(1)A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
(2)A local agency shall approve or deny an application for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)A local agency may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(f)This section shall become operative on July 1, 2024.
SEC. 2.Section 66499.41 of the Government Code is amended to read:66499.41.(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g).(2)The lot proposed to be subdivided meets all of the following sets of requirements:(A)The lot is one of the following:(i)Zoned to allow multifamily residential dwelling use.(ii)Vacant and zoned for single-family residential develoment.(B)The lot is no larger than five acres and is substantially surrounded by qualified urban uses. For purposes of this subparagraph, the following definitions apply:(i)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.(ii)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.(C)The lot is a legal parcel located within either of the following:(i)An incorporated city, the boundaries of which include some portion of an urbanized area.(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.(iii)For purposes of this subparagraph, the following definitions apply:(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.(D)The lot was not established pursuant to this section or Section 66411.7.(3)(A)Except as specified in subparagraph (B), the newly created parcels are no smaller than 600 square feet.(B)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.(4)The housing units on the lot proposed to be subdivided are one of the following:(A)Constructed on fee simple ownership lots.(B)Part of a common interest development.(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.(D)Constructed on land owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.(B)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as the maximum allowable residential density.(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.(9)The lot proposed to be subdivided is not located on a site that is any of the following:(A)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.(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(C)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.(D)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 either of the following apply:(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.(E)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.(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.(ii)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.(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.(H)Land 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.), or another adopted natural resource protection plan.(I)Habitat 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).(J)Land under conservation easement.(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with any of the following requirements:(1)A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.(g)Notwithstanding Section 65852.2 or 65852.22, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.(B)The applicable local government has an adopted housing element that is compliant with applicable law.(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.SEC. 2.Section 66499.41 of the Government Code is amended to read:66499.41.(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. units, except as provided in subdivision (g).
(2)The lot proposed to be subdivided meets all of the following sets of requirements:
(A)The lot is zoned for multifamily residential development. one of the following:
(i)Zoned to allow multifamily residential dwelling use.
(ii)Vacant and zoned for single-family residential development.
(B)The lot is no larger than five one and one-half acres and is substantially surrounded by qualified urban uses. For purposes of this subparagraph, the following definitions apply:
(i)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.
(ii)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C)The lot is a legal parcel located within either one of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(D)The lot was not established pursuant to this section or Section 66411.7.
(3)(A)Except as specified in subparagraph (B), subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet.
(B)If the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet.
(B)(C)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4)The housing units on the lot proposed to be subdivided are one of the following:
(A)Constructed on fee simple ownership lots.
(B)Part of a common interest development.
(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D)Owned Constructed on land owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as the maximum allowable residential density.
(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.
(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(9)The lot proposed to be subdivided is not located on a site that is any of the following:
(A)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.
(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)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.
(D)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 either of the following apply:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E)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.
(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)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.
(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H)Land 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.), or another adopted natural resource protection plan.
(I)Habitat 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).
(J)Land under conservation easement.
(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with any either of the following requirements:
(1)A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).
(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
(B)The applicable local government has an adopted housing element that is compliant with applicable law.
(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that meets the requirements of this section.
(b)(1)For any housing development on a lot that is subdivided pursuant to Section 66499.41, a local agency may impose objective zoning standards, objective subdivision standards, or objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or Section 66499.41.
(2)Notwithstanding paragraph (1), a local agency shall not impose on a housing development on a lot that is subdivided pursuant to Section 66499.41 an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:
(A)(i)Physically precludes the development of a project built to densities as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. This paragraph does not preclude a local agency from adopting an ordinance that allows developments at a density greater than the maximum density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(ii)Notwithstanding clause (i), for a development located on a lot that meets the definition of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 66499.41, a local agency may impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.
(B)Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.
(C)Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).
(D)Requires that parking be enclosed or covered.
(E)Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.
(F)Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(i)For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.
(ii)For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.
(c)(1)A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
(2)A local agency shall approve or deny an application for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)A local agency may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(f)This section shall become operative on July 1, 2024.
SECTION 1.SEC. 2.Section 66499.41 of the Government Code is amended to read:66499.41.(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided in subdivision (g).
(2)The lot proposed to be subdivided meets all of the following sets of requirements:
(A)The lot is zoned for multifamily residential development. one of the following:
(i)Zoned to allow multifamily residential dwelling use.
(ii)Vacant and zoned for single-family residential develoment.
(B)The lot is no larger than five acres and is substantially surrounded by qualified urban uses. For purposes of this subparagraph, the following definitions apply:
(i)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.
(ii)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C)The lot is a legal parcel located within either of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(D)The lot was not established pursuant to this section or Section 66411.7.
(3)(A)Except as specified in subparagraph (B), the newly created parcels are no smaller than 600 square feet.
(B)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4)The housing units on the lot proposed to be subdivided are one of the following:
(A)Constructed on fee simple ownership lots.
(B)Part of a common interest development.
(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D)Constructed on land owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as the maximum allowable residential density.
(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.
(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(9)The lot proposed to be subdivided is not located on a site that is any of the following:
(A)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.
(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)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.
(D)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 either of the following apply:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E)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.
(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)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.
(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H)Land 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.), or another adopted natural resource protection plan.
(I)Habitat 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).
(J)Land under conservation easement.
(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with any of the following requirements:
(1)A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)Notwithstanding Section 65852.2 or 65852.22, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).
(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
(B)The applicable local government has an adopted housing element that is compliant with applicable law.
(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
SEC. 2.SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. units, except as provided in subdivision (g).
(2)The lot proposed to be subdivided meets all of the following sets of requirements:
(A)The lot is zoned for multifamily residential development.
(B)The lot is no larger than five acres and is substantially surrounded by qualified urban uses. For purposes of this subparagraph, the following definitions apply:
(i)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.
(ii)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C)The lot is a legal parcel located within either of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(D)The lot was not established pursuant to this section or Section 66411.7.
(3)(A)Except as specified in subparagraph (B), the newly created parcels are no smaller than 600 square feet.
(B)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4)The housing units on the lot proposed to be subdivided are one of the following:
(A)Constructed on fee simple ownership lots.
(B)Part of a common interest development.
(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D)Owned Constructed on land owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as the maximum allowable residential density.
(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of this paragraph, net habitable square feet means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.
(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(9)The lot proposed to be subdivided is not located on a site that is any of the following:
(A)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.
(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)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.
(D)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 either of the following apply:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E)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.
(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)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.
(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H)Land 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.), or another adopted natural resource protection plan.
(I)Habitat 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).
(J)Land under conservation easement.
(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with any of the following requirements:
(1)A minimum requirement on the size, width, depth, frontage, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)Notwithstanding Section 65852.2 or 65852.22, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section. If a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, the units shall not count as residential units for the purposes of paragraph (1) of subdivision (a).
(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
(B)The applicable local government has an adopted housing element that is compliant with applicable law.
(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)A local agency shall ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
(1)The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units.
(2)The lot proposed to be subdivided meets all of the following sets of requirements:
(A)The lot is zoned for multifamily residential development.
(B)The lot is no larger than five acres and is substantially surrounded by qualified urban uses. For purposes of this subparagraph, the following definitions apply:
(i)Qualified urban use has the same meaning as defined in Section 21072 of the Public Resources Code.
(ii)Substantially surrounded has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
(C)The lot is a legal parcel located within either of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(D)The lot was not established pursuant to this section or Section 66411.7.
(3)(A)Except as specified in subparagraph (B), the newly created parcels are no smaller than 600 square feet.
(B)A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
(4)The housing units on the lot proposed to be subdivided are one of the following:
(A)Constructed on fee simple ownership lots.
(B)Part of a common interest development.
(C)Part of a housing cooperative, as defined in Section 817 of the Civil Code.
(D)Owned by a community land trust. For the purpose of this subparagraph, community land trust means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(i)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(ii)All dwellings and units located on the land owned by the nonprofit corporation are sold to qualified owners to be occupied as the qualified owners primary residence or rented to persons and families of low or moderate income. For the purpose of this subparagraph, qualified owner means a person or family of low or moderate income, including a person or family of low or moderate income who owns a dwelling or unit collectively as a member occupant or resident shareholder of a limited-equity housing cooperative.
(iii)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(E)Part of a tenancy in common, as described in Section 685 of the Civil Code.
(5)The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable:
(A)If the parcel is identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion of the jurisdictions share of the regional housing need for low- or very low income households, the development will result in at least as many low- or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least 45 years.
(B)If the parcel is not identified in the jurisdictions housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as the maximum allowable residential density.
(6)The average total area of floorspace for the proposed housing units on the lot proposed to be subdivided does not exceed 1,750 net habitable square feet.
(7)The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
(8)The development of a housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A)Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.
(B)Housing that is subject to any form of rent or price control through a local public entitys valid exercise of its police power.
(C)Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D)A parcel on which an owner of residential real property has exercised the owners rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(9)The lot proposed to be subdivided is not located on a site that is any of the following:
(A)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.
(B)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C)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.
(D)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 either of the following apply:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
(E)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.
(F)Within a special flood hazard area subject to inundation by the 1-percent 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)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.
(G)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 development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(H)Land 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.), or another adopted natural resource protection plan.
(I)Habitat 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).
(J)Land under conservation easement.
(10)The proposed subdivision conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(11)The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
(12)Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
(b)A housing development project on a proposed site to be subdivided pursuant to this section is not required to comply with any of the following requirements:
(1)A minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, paragraph (3) of subdivision (a).
(2)(A)The formation of a homeowners association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).
(B)Subparagraph (A) shall not be construed to prohibit a local agency from requiring a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.
(c)A local agency shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to a local agency pursuant to this section within 60 days from the date the local agency receives a completed application. If the local agency does not approve or deny a completed application within 60 days, the application shall be deemed approved. If the local agency denies the application, the local agency shall, within 60 days from the date the local agency receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
(d)Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the local agency that are not inconsistent with this section and paragraph (2) of subdivision (a) of Section 65852.28.
(e)A local agency may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.
(f)A local agency may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(g)Notwithstanding Section 65852.2 or 65852.22, a local agency is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section.
(h)(1)Notwithstanding Section 66411.7, a local agency is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this section.
(2)Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meet both of the following requirements:
(A)The site is located within a single-family residential horsekeeping zone designated in a master plan, adopted before January 1, 1994, that regulates land zoned single-family horsekeeping, commercial, commercial-recreational, and existing industrial within the plan area.
(B)The applicable local government has an adopted housing element that is compliant with applicable law.
(i)A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(j)Paragraph (2) of subdivision (h) shall become operative on January 1, 2024. Subdivisions (a) to (g), inclusive, paragraph (1) of subdivision (h), and subdivision (i) shall become operative on July 1, 2024.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
|
Date
|
Status
|
|---|---|
| Sep 19, 2024 | Chaptered by Secretary of State. Chapter 294, Statutes of 2024. |
| Sep 19, 2024 | Approved by the Governor. |
| Sep 9, 2024 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 29, 2024 | Assembly amendments concurred in. (Ayes 32. Noes 6. Page 5648.) Ordered to engrossing and enrolling. |
| Aug 28, 2024 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 28, 2024 | Read third time. Passed. (Ayes 56. Noes 11. Page 6790.) Ordered to the Senate. |
| Aug 20, 2024 | Read second time. Ordered to third reading. |
| Aug 19, 2024 | Read second time and amended. Ordered to second reading. |
| Aug 15, 2024 | From committee: Do pass as amended. (Ayes 11. Noes 3.) (August 15). |
| Aug 7, 2024 | August 7 set for first hearing. Placed on suspense file. |
| Jun 27, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 26, 2024 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 26). |
| Jun 13, 2024 | Read second time and amended. Re-referred to Com. on L. GOV. |
| Jun 12, 2024 | From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 7. Noes 1.) (June 12). |
| Jun 3, 2024 | Referred to Coms. on H. & C.D. and L. GOV. |
| May 21, 2024 | In Assembly. Read first time. Held at Desk. |
| May 20, 2024 | Read third time. Passed. (Ayes 31. Noes 5. Page 4030.) Ordered to the Assembly. |
| May 16, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass. (Ayes 5. Noes 1. Page 3972.) (May 16). |
| May 10, 2024 | Set for hearing May 16. |
| May 6, 2024 | May 6 hearing: Placed on APPR suspense file. |
| Apr 26, 2024 | Set for hearing May 6. |
| Apr 23, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 22, 2024 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3663.) (April 17). |
| Apr 10, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV. |
| Apr 5, 2024 | Set for hearing April 17. |
| Apr 3, 2024 | From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 8. Noes 0. Page 3446.) (April 2). Re-referred to Com. on L. GOV. |
| Apr 1, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING. |
| Mar 18, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING. |
| Mar 6, 2024 | Set for hearing April 2. |
| Feb 21, 2024 | Referred to Coms. on HOUSING and L. GOV. |
| Feb 14, 2024 | From printer. May be acted upon on or after March 15. |
| Feb 13, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2024 | Unfinished Business SB1123 Caballero Concurrence | Senate Floor |
Passed |
|
| Aug 28, 2024 | SB 1123 Caballero Senate Third Reading By Juan Carrillo | Assembly Floor |
Passed |
|
| Aug 15, 2024 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 26, 2024 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
|
| Jun 12, 2024 | Do pass as amended and be re-referred to the Committee on [Local Government] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| May 20, 2024 | Senate 3rd Reading SB1123 Caballero | Senate Floor |
Passed |
|
| May 16, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 6, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Local Government |
Passed |
|
| Apr 2, 2024 | Do pass, but first be re-referred to the Committee on [Local Government] | Senate Standing Committee on Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Abundant Housing LA | ** Support | |
| Activesgv | ** Support | |
| All Home | ** Support | |
| Build Casa | * Support | Jun 26, 2024 |
| California Building Industry Association | ** Support | |
| California Chamber Of Commerce | ** Support | |
| California community builders | ** Support | |
| California Community Economic Development Association | ** Support | |
| California Native Vote Project | ** Support | |
| California YIMBY | ** Support | |
| Central City Association Of Los Angeles | ** Support | |
| Central Valley Urban Institute | ** Support | |
| Circulate San Diego | ** Support | |
| City of Thousand Oaks | ** Against | |
| Climate Resolve | ** Support | |
| Downtown Women's Center | ** Support | |
| East Bay YIMBY | ** Support | |
| Eastside Housing for All | ** Support | |
| Fieldstead & Company | * Support | Jun 12, 2024 |
| Fremont for Everyone | ** Support | |
| Grow the Richmond | ** Support | |
| Habitat For Humanity California | * Support | Jun 26, 2024 |
| Hopics | ** Support | |
| Housing Action Coalition | ** Support | |
| Housing Trust Silicon Valley | ** Support | |
| Inner City Law Center | ** Support | |
| Lighthouse Public Affairs | * Support | Jun 26, 2024 |
| Lisc San Diego | ** Support | |
| Livable Communities Initiative | ** Support | |
| Monterey Bay Economic Partnership | ** Support | |
| Mountain View YIMBY | ** Support | |
| Napa-Solano for Everyone | ** Support | |
| Northern Neighbors | ** Support | |
| Our Future Los Angeles | ** Support | |
| Path | ** Support | |
| Peninsula for Everyone | ** Support | |
| Progress Noe Valley | ** Support | |
| Redlands YIMBY | ** Support | |
| Safe Place For Youth | ** Support | |
| San Francisco Yimby | ** Support | |
| Santa Cruz Yimby | ** Support | |
| Santa Rosa Yimby | ** Support | |
| Social Justice Learning Institute | ** Support | |
| South Bay Yimby | ** Support | |
| Southern California Association of Non-Profit Housing | ** Support | |
| Southside Forward | ** Support | |
| SPUR | ** Support | |
| st. joseph center | ** Support | |
| The United Way of Greater Los Angeles | ** Support | |
| Town of Hillsborough | ** Against | |
| Trust South LA | ** Support | |
| Unidosus | ** Support | |
| Union Station Homeless Services | ** Support | |
| Urban Environmentalists | ** Support | |
| urban league of san diego county | ** Support | |
| Ventura County YIMBY | ** Support | |
| Yimby Action | ** Support | |
| Yimby SLO | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1123 |
UNFINISHED BUSINESS
Bill No: SB 1123
Author: Caballero (D)
Amended: 8/19/24
Vote: 21
SENATE HOUSING COMMITTEE: 8-0, 4/2/24
AYES: Skinner, Blakespear, Caballero, Cortese, Menjivar, Padilla, Umberg, Wahab
NO VOTE RECORDED: Ochoa Bogh, Seyarto
SENATE LOCAL GOVERNMENT COMMITTEE: 5-0, 4/17/24
AYES: Durazo, Glazer, Skinner, Wahab, Wiener
NO VOTE RECORDED: Seyarto, Dahle
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/16/24
AYES: Caballero, Ashby, Becker, Bradford, Wahab
NOES: Jones
NO VOTE RECORDED: Seyarto
SENATE FLOOR: 31-5, 5/20/24
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NOES: Jones, Nguyen, Niello, Seyarto, Wilk
NO VOTE RECORDED: Dahle, Grove, Min, Ochoa Bogh
ASSEMBLY FLOOR: 56-11, 8/28/24 - See last page for vote
SUBJECT: Planning and zoning: subdivisions: ministerial review
SOURCE: California Community Builders
California YIMBY
DIGEST:
This bill requires local agencies to ministerially approve the subdivision of vacant, single- family lots to allow for up to 10 units as specified and makes other changes to SB 684 (Caballero), Chapter 783, Statutes of 2023.
Assembly Amendments
do the following: (a) define the term “vacant” single family property as property that has no permanent structure unless the permanent structure is abandoned and uninhabitable, and specifies that a “vacant” single family property excludes property that was subject to a deed restriction or that was occupied by tenants within the five years preceding the date an application is submitted, (b) require that vacant single family lots must be less than 1.5 acres to qualify for ministerial review, (c) reduces the density that a project must meet in order to qualify for ministerial review to 66% of the maximum allowable density, or 66% of the Mullin’s density, (d) adds findings and declarations specifying that the bills provisions are applicable to charter cities.
ANALYSIS:
Existing law:
- Requires a local government to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets, among others, the following requirements:
- The proposal subdivision will result in 10 or fewer parcels and the housing development project on the lot proposal to be subdivided will contain 10 or fewer units.
- The proposal development is located on a lot that meets all of the following sets of requirements:
- The lot is zoned for multifamily residential development.
- The lot is no larger than five acres and substantially surrounded by qualified urban uses, as defined.
- The parcels created will be no smaller than 600 square feet, unless allowed by the local government.
- The housing units on the lot proposed to be subdivided are one of the following:
- Constructed on fee simple ownership lots.
- Part of a common interest development.
- Part of a housing cooperative, as defined in Section 817 of the Civil Code.
- Owned by a community land trust.
- The average total area of floorspace of the proposed units does not exceed 1,750 net habitable square feet.
- Provides that a housing development project on a proposed site to be subdivided does not have to comply with any a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size.
- Requires a local agency to ministerially consider an application for a project that meets the specified requirements of the Starter Home Revitalization Act.
- Requires a local agency to approve or deny an application for a parcel map or a tentative map, or a development application, for a housing development project submitted to a local agency within 60 days from the date the local agency receives a completed application, as specified.
- Allows a local agency to deny an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) on parcels created pursuant to the Starter Home Revitalization Act.
- Delays the operative date of the Starter Home Revitalization Act to July 1, 2024.
This bill:
- Expands SB 684, which required a local agency to ministerally approve the subdivision of a parcel map for up to 10 housing units and to allow the ministerial approval of any housing units on the site, as follows:
- Adds vacant, single-family zoned sites;
- Allows a local agency to impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot on a vacant, single family site. This provision does not become operative until July 1, 2025;
- Allows for ministerial subdivisions for both multi-family housing on lots of no more than 5 acres;
- Allows for the ministerial subdivisions for single family housing on lots of no more than 1.5 acres;
- Requires parcels that are subdivided on single-family sites to be no smaller than 1,200 square feet;
- Allows housing units on a lot subject to ministerial approval to be tenancy in common;
- Prohibits an existing dwelling unit being sold separately from any other existing dwelling unit on the lot;
- Provides a local agency with the option to allow accessory dwelling unit (ADUs) or junior ADUs on a ministerial subdivision of 10 parcels or less as specified and to not count them toward the 10 unit cap; and
- Adds a definition of "net habitable square feet" to mean the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
- Makes the above changes effective July 1, 2025.
Comments
- Author’s Statement. “Last year, I authored SB 684 to expand homeownership opportunities by streamlining the process to subdivide parcels and build modest density infill housing projects. The months following SB 684's passage, I heard from a number of stakeholders on the ground that are excited to implement the legislation, but shared a number of issues that would help clarify the bill's intent. SB 1123 incorporates needed clarity to ensure local agencies, developers, and other interested parties understand exactly when and how to use SB 684 in order to eliminate any unnecessary delay or uncertainty.”
- The Subdivision Map Act (SMA). The SMA establishes a statewide regulatory framework for controlling the subdivision of parcels of land into two or more smaller parcels. The SMA is designed to complement a local government's planning and zoning law. Planning and zoning law controls the land use: the type, location, and intensity of development that is allowed on a parcel of land. The SMA enables the creation of those parcels, and ensures that new parcels are properly prepared for development, including grading and building infrastructure (such as roads and utilities).
The SMA provides discretion to local agencies for approving a "parcel map" (for subdivisions of two to four units) or a "tentative map" (for subdivision of five or more units). This discretion is designed to ensure that development projects properly improve the land with grading and infrastructure. Upon completion of these improvements, the local agency will issue a "final map," which establishes the subdivision of the land. Upon issuance of the final map, the developers is allowed to begin construction of buildings on the site.
The SMA's requirements for discretionary approvals and serial permitting make sense for development on unimproved land. But in infill locations, where land has already been improved, these requirements can cause significant delays and increase risk.
- SB 684 (Caballero) Chapter 783, Statutes of 2023. Last year, SB 684 (Caballero) required local governments to ministerially approve a parcel map or tentative and final map of 10 or fewer units on sites zoned multifamily, no larger than five acres, and substantially surrounded by qualified urban uses. In addition, the bill required ministerial approval of housing developments using the subdivision process. Both the subdivision and the approval of subsequent housing development on the lot are ministerial, meaning they do not trigger review under the California Environmental Quality Act (CEQA). Projects must meet minimum density requirements, as established in the housing element for that parcel, and comply with existing setback and height requirements. Units can be no greater than 1,750 net habitable square feet. The project must also comply with any local inclusionary requirements. If the project receives a tentative or parcel map pursuant to this bill, the local agency must issue the building permit based on the approved map under specified circumstances. In addition, developers can begin construction and on-site improvements at the same time. To receive this parallel-tracking, the developer must have received a tentative or parcel map, and submit their building permit. The local agency may condition approval of the building permit on proof that the housing will not be occupied before the on-site improvements are complete. This approach to expediting development for infill sites is modeled after a process for developing small sites in the City of Los Angeles.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Committee on Appropriations:
- The Department of Housing and Community Development (HCD) estimates ongoing General Fund costs of $205,000 annually for one staff position to implement this bill's expansion of current requirements. HCD notes including lots zoned for single-family residential use would result in increased technical assistance requests and require additional workload to research and draft a written technical advisory for local government staff and applicants.
- Local costs of an unknown amount to provide for the streamlined review and approval of additional parcel maps, and tentative and final maps, and issuance of building permits on single-family lots, as specified. These costs are not state-reimbursable because local agencies have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new planning mandates.
SUPPORT: (Verified 8/28/24)
California Community Builders (co-source)
California YIMBY (co-source)
Abundant Housing LA
ActiveSGV
All Home
California Building Industry Association (CBIA)
California Chamber of Commerce
California Community Economic Development Association (CCEDA)
California Native Vote Project
Central City Association of Los Angeles
Central Valley Urban Institute
Circulate San Diego
Climate Resolve
Downtown Women's Center
East Bay YIMBY
Eastside Housing for All
Fremont for Everyone
Grow the Richmond
Hopics
Housing Action Coalition
Inner City Law Center
LISC San Diego
Livable Communities Initiative
Monterey Bay Economic Partnership
Mountain View YIMBY
Napa-Solano for Everyone
Northern Neighbors
Our Future Los Angeles
Path
Peninsula for Everyone
Progress Noe Valley
Redlands YIMBY
Safe Place for Youth
San Francisco YIMBY
Santa Cruz YIMBY
Santa Rosa YIMBY
Social Justice Learning Institute
South Bay YIMBY
Southern California Association of Non-profit Housing (SCANPH)
Southside Forward
SPUR
St. Joseph Center
The United Way of Greater Los Angeles
Trust South LA
Unidosus
Union Station Homeless Services
Urban Environmentalists
Urban League of San Diego County
Ventura County YIMBY
YIMBY Action
YIMBY SLO
OPPOSITION: (Verified 8/28/24)
City of Thousand Oaks
Town of Hillsborough
ARGUMENTS IN SUPPORT: According to one of the sponsors of this bill, California Community Builders, "State and local laws make it extremely challenging, time-consuming, and resource intensive for local governments that wish to reshape their general plans and zoning designations. SB 1123 enables local governments to approve the subdivision and construction in a streamlined manner for the construction of small, naturally occurring homes available for homeownership on vacant single-family zoned parcels. Coupled with additional technical feedback to improve implementation of SB 684, SB 1123 will help to end decades of discriminatory zoning policy that has made it nearly impossible for low-income families, especially families of color, to enter into homeownership opportunities."
ARGUMENTS IN OPPOSITION: The Town of Hillsborough writes in opposition, “SB 1123 as written would circumvent this careful planning process by requiring ministerial approval of up to 10 units potentially on each of our hundreds of 1.5 acre lots, without additional CEQA analysis for impacts and without the ability to plan for necessary infrastructure, including critical community services such as water, police, and fire. Without the ability to carefully plan for these services and the needed infrastructure, it would be very costly to retroactively address these community needs to right size infrastructure.”
ASSEMBLY FLOOR: 56-11, 8/28/24
AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Davies, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Holden, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Stephanie Nguyen, Pacheco, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NOES: Alanis, Megan Dahle, Dixon, Essayli, Flora, Gallagher, Mathis, Muratsuchi, Joe Patterson, Sanchez, Wallis
NO VOTE RECORDED: Bauer-Kahan, Bennett, Cervantes, Chen, Hart, Hoover, Irwin, Lackey, Ortega, Papan, Jim Patterson, Ta
Prepared by: Hank Brady / HOUSING / (916) 651-4124
8/28/24 22:42:16
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1123
Author:(Caballero)
As Amended Ver:August 19, 2024
Majority vote
SUMMARY
Requires local agencies to ministerially approve the subdivision of vacant, single- family lots to allow for up to 10 units as specified and makes other changes to SB 684 (Caballero), Chapter 783, Statutes of 2023.
Major Provisions
- Expands SB 684, which required a local agency to ministerally approve the subdivision of a parcel map for up to 10 housing units and to allow the ministerial approval of any housing units on the site, as follows:
- Adds vacant, single-family zoned sites;
- Allows a local agency to impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot on a vacant, single family site. This provision does not become operative until July 1, 2025;
- Allows for ministerial subdivisions for both multi-family housing on lots of no more than 5 acres;
- Allows for the ministerial subdivisions for single family housing on lots of no more than 1.5 acres;
- Requires parcels that are subdivided on single-family sites to be no smaller than 1,200 square feet;
- Allows housing units on a lot subject to ministerial approve to be tenancy in common;
- Prohibits an existing dwelling unit being sold separately from any other existing dwelling unit on the lot;
- Provides a local agency with the option to allow accessory dwelling unit (ADUs) or junior ADUs on a ministerial subdivision of 10 parcels or less as specified and to not count them toward the 10 unit cap; and
- Adds a definition of "net habitable square feet" to mean the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
- Makes the above changes effective July 1, 2025.
COMMENTS
The Subdivision Map Act (SMA): The SMA establishes a statewide regulatory framework for controlling the subdivision of parcels of land into two or more smaller parcels. The SMA is designed to complement a local government's planning and zoning law. Planning and zoning law controls the land use: the type, location, and intensity of development that is allowed on a parcel of land. The SMA enables the creation of those parcels, and ensures that new parcels are properly prepared for development, including grading and building infrastructure (such as roads and utilities).
The SMA provides discretion to local agencies for approving a "parcel map" (for subdivisions of 2-4 units) or a "tentative map" (for subdivision of five or more units). This discretion is designed to ensure that development projects properly improve the land with grading and infrastructure. Upon completion of these improvements, the local agency will issue a "final map," which establishes the subdivision of the land. Upon issuance of the final map, the developers is allowed to begin construction of buildings on the site.
The SMA's requirements for discretionary approvals and serial permitting make sense for development on unimproved land. But in infill locations, where land has already been improved, these requirements can cause significant delays and increase risk – all of which increases the cost of housing.
SB 684 (Caballero) Chapter 783, Statutes of 2023: Last year, SB 684 (Caballero) required local governments to ministerially approve a parcel map or tentative and final map of 10 or fewer units on sites zoned multifamily, no larger than five acres, and substantially surrounded by qualified urban uses. In addition, the bill required ministerial approval of housing developments using the subdivision process. Both the subdivision and the approval of subsequent housing development on the lot are ministerial, meaning they do not trigger review under the California Environmental Quality Act (CEQA). Projects must meet minimum density requirements, as established in the housing element for that parcel, and comply with existing setback and height requirements. Units can be no greater than 1,750 net habitable square feet. The project must also comply with any local inclusionary requirements. If the project receives a tentative or parcel map pursuant to this bill, the local agency must issue the building permit based on the approved map under specified circumstances. In addition, developers can begin construction and on-site improvements at the same time. To receive this parallel-tracking, the developer must have received a tentative or parcel map, and submit their building permit. The local agency may condition approval of the building permit on proof that the housing will not be occupied before the on-site improvements are complete. This approach to expediting development for infill sites is modeled after a process for developing small sites in the City of Los Angeles.
Single-family sites: This bill would add vacant, single family sites to the ministerial subdivision process and the approval process for housing developments on subdivided sites with a few differences. For sites zoned single-family, a local government could cap the height of units at the height for the applicable height in the zone. This would prevent developments that are not consistent in height with the surrounding single-family homes. The minimum lot size could be no less than 1,200 square feet, rather than no less than 600 feet on multi-family sites.
Vacant definition: This bill expands SB 684 to include "vacant" single-family zoned sites, but does not define "vacant." SB 684 included demolition protections for multi-family properties that have deed restricted affordable units, rent controlled units, or housing occupied by tenants within the last five years including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit. To provide further clarity, the committee may wish to make clear that "vacant" sites include those with no existing structure or an abandoned and uninhabitable structure and that the protections in place for tenants on multi-family sites also apply to single-family sites.
Other changes to SB 684: Stakeholders have identified various issues with SB 684 and its application. This bill makes several changes to address those concerns including clarifying how net habitable space is defined with regards to size limits of the units, allowing for units that are part of a tenancy in common to be permitted, prohibiting minimum frontage requirements beyond 600 square feet as authorized by the prior bill, and providing that if a local government chooses to permit ADUs or JADUs, the units shall not count towards the 10 unit cap.
Housing element protections: SB 684 included protections to avoid undermining a local government's efforts to meet its housing goals. A local government is only required to ministerially approve a housing development if it will result in at least as many units as included in an approved housing element. If the parcel has been identified and zoned to meet the jurisdictions low or very low income housing needs and would result in fewer units than is required then any units created must be affordable for 45 years. If a parcel is not identified in housing element, the development must result in at least as many units as allowed in the maximum allowable residential density. The sponsors of this bill have raised concerns that this last standard may be too high and should be reduced to 66% of the number of units in the maximum allowable residential density. If the zoning does not specified a maximum allowable residential density than the density would be 66% of Mullin Densities, which are 30 units to the acre in metropolitan jurisdictions. The committee may wish to consider amendments to implement this change.
According to the Author
"Last year, I authored SB 684 to expand homeownership opportunities by streamlining the process to subdivide parcels and build modest density infill housing projects. The months following SB 684's passage, I heard from a number of stakeholders on the ground that are excited to implement the legislation, but shared a number of issues that would help clarify the bill's intent. SB 1123 incorporates needed clarity to ensure local agencies, developers, and other interested parties understand exactly when and how to use SB 684 in order to eliminate any unnecessary delay or uncertainty."
Arguments in Support
According to one of the sponsors of this bill, California Community Builders, "State and local laws make it extremely challenging, time-consuming, and resource intensive for local governments that wish to reshape their general plans and zoning designations. SB 1123 enables local governments to approve the subdivision and construction in a streamlined manner for the construction of small, naturally occurring homes available for homeownership on vacant single-family zoned parcels. Coupled with additional technical feedback to improve implementation of SB 684, SB 1123 will help to end decades of discriminatory zoning policy that has made it nearly impossible for low-income families, especially families of color, to enter into homeownership opportunities."
Arguments in Opposition
According to the League of Cities, who is opposed to SB 1123, "as currently drafted because it would require cities to allow the construction of up to 10 new units on a parcel that was zoned and planned for only one unit. Not only is SB 1123 inconsistent with local zoning standards, but it will likely also be contrary to a city's state-mandated housing element."
They are opposed unless it is amended to remove the provisions pertaining to vacant single-family parcels
FISCAL COMMENTS
According to the Assembly Committee on Appropriations:
- The Department of Housing and Community Development (HCD) estimates ongoing General Fund costs of $205,000 annually for one staff position to implement this bill's expansion of current requirements. HCD notes including lots zoned for single-family residential use would result in increased technical assistance requests and require additional workload to research and draft a written technical advisory for local government staff and applicants.
- Local costs of an unknown amount to provide for the streamlined review and approval of additional parcel maps, and tentative and final maps, and issuance of building permits on single-family lots, as specified. These costs are not state-reimbursable because local agencies have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new planning mandates.
According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
VOTES
SENATE FLOOR: 31-5-4
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener
NO: Jones, Nguyen, Niello, Seyarto, Wilk
ABS, ABST OR NV: Dahle, Grove, Min, Ochoa Bogh
ASM HOUSING AND COMMUNITY DEVELOPMENT: 7-1-1
YES: Ward, Grayson, Kalra, Lee, Quirk-Silva, Reyes, Haney
NO: Joe Patterson
ABS, ABST OR NV: Sanchez
ASM LOCAL GOVERNMENT: 6-0-3
YES: Juan Carrillo, Haney, Kalra, Pacheco, Ward, Wilson
ABS, ABST OR NV: Waldron, Essayli, Ramos
ASM APPROPRIATIONS: 11-3-1
YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua
NO: Sanchez, Dixon, Ta
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: August 19, 2024
CONSULTANT: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0004039
Date of Hearing: August 7, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1123
Author:(Caballero) – As Amended Ver:June 27, 2024
Policy Committee: | Housing and Community Development | Vote: | 7 - 1 |
Local Government | 6 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill adds vacant lots zoned for single-family residential development to the existing process requiring a local agency to ministerially consider the subdivision of multifamily residential lots into 10 or fewer parcels, and makes changes to related provisions enacted through SB 684 (Caballero), Chapter 783, Statutes of 2023.
Specifically, this bill:
- Beginning July 1, 2025, expands and modifies the small-lot subdivision requirements enacted through SB 684, as follows:
- Expands existing ministerial approval requirements to include proposed developments on vacant lots zoned for single-family residential development. Defines “vacant” for these purposes.
- Allows a local agency to impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot on a vacant, single-family site.
- Requires parcels subdivided on single-family sites to be no smaller than 1,200 square feet on average.
- Reduces the maximum lot size for ministerial subdivisions for both multi-family and single-family lots from five acres to 1.5 acres.
- Allows housing units on a lot subject to ministerial approval to be part of a tenancy in common.
- If a parcel is not identified in the jurisdiction’s housing element, requires the proposed development to result in at least 66% of the maximum allowable residential density as specified by local zoning or 66% of the applicable residential density, as specified, whichever is greater.
- Prohibits an existing dwelling unit from being sold separately from any other existing dwelling unit on the lot.
- Prohibits a local agency from establishing a minimum frontage requirement.
- Specifies, if a local agency allows accessory dwelling units (ADUs) or junior ADUs on parcels created pursuant to this bill, those units do not count toward the 10-unit maximum.
- Revises the definition of “net habitable square feet” for purposes of determining the size of the units allowed under existing law.
FISCAL EFFECT:
- The Department of Housing and Community Development (HCD) estimates ongoing General Fund costs of $205,000 annually for one staff position to implement this bill’s expansion of current requirements. HCD notes including lots zoned for single-family residential use would result in increased technical assistance requests and require additional workload to research and draft a written technical advisory for local government staff and applicants.
- Local costs of an unknown amount to provide for the streamlined review and approval of additional parcel maps, and tentative and final maps, and issuance of building permits on single-family lots, as specified. These costs are not state-reimbursable because local agencies have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new planning mandates.
According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
Last year, I authored SB 684 to expand homeownership opportunities by streamlining the process to subdivide parcels and build modest density infill housing projects. The months following SB 684’s passage, I heard from a number of stakeholders on the ground that are excited to implement the legislation, but shared a number of issues that would help clarify the bill’s intent. [This bill] incorporates needed clarity to ensure local agencies, developers, and other interested parties understand exactly when and how to use SB 684 in order to eliminate any unnecessary delay or uncertainty.
- Background. The Subdivision Map Act (SMA) regulates how local officials approve the conversion of larger parcels of land into two or more smaller parcels. Local subdivision approvals must be consistent with city and county general plans. The SMA provides discretion to local agencies for approving a parcel map, for minor subdivisions of four or fewer lots (called “lot splits”). For major subdivisions of five or more lots, a local agency approves a discretionary tentative map. Upon completion of on-site land improvements, such as grading, roads and utilities, a local agency will issue a final map, at which time a developer may begin constructing buildings on the site.
Existing law, enacted by last year’s SB 684, which took effect July 1, 2024, requires each local government to establish a streamlined review process to ministerially consider, that is, without discretionary review or a hearing, a parcel map or tentative and final map of 10 or fewer units on sites no larger than five acres, zoned for multifamily residential development, and substantially surrounded by qualified urban uses. In addition, SB 684 requires ministerial consideration of housing developments using the subdivision process. An approved project must meet minimum density requirements, as established in the housing element for that parcel, and comply with existing setback and height requirements, and must comply with local inclusionary requirements. Units can be no greater than 1,750 net habitable square feet. In addition, developers may begin construction and on-site improvements at the same time if the developer has received a tentative or parcel map, and has submitted their building permit. A local agency may condition approval of the building permit on proof the housing will not be occupied before the on-site improvements are complete.
The application of the above provisions to vacant single-family residential lots was deleted from last year’s SB 684 on the Assembly Floor.
This bill re-includes vacant, single-family sites in the ministerial process and makes additional changes to improve the implementation of SB 684.
- Arguments in Support. A coalition of affordable housing advocates and home builders believe this bill will help create “more affordable homeownership opportunities in neighborhoods that have traditionally excluded lower- and middle-income families and communities of color,” and will “ help end decades of discriminatory zoning policy that has made it nearly impossible for low-income families, especially families of color, to become homeowners.”
- Arguments in Opposition. The League of California Cities is opposed to the bill unless amended to remove its application to single-family parcels. It argues:
Not only is [this bill] inconsistent with local zoning standards, but it will likely also be contrary to a city’s state-mandated housing element. Importantly, cities are currently updating housing plans to identify sites for more than two million additional housing units. [This bill] ignores this state-mandated local planning effort and forces cities to allow up to 10 times more density on parcels set aside for a single-family home. This seriously questions the rationale for the regional housing needs allocation (RHNA) process. If developers can disregard existing zoning requirements, why should cities go through the multiyear planning process to identify sites suitable for new housing units, for those plans to be ignored.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 26, 2024
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Juan Carrillo, Chair
SBPCA Bill Id:SB 1123
Author:(Caballero) – As Amended Ver:June 13, 2024
SENATE VOTE: 31-5
SUBJECT: Planning and zoning: subdivisions: ministerial review
SUMMARY: Requires local agencies to ministerially approve the subdivision of vacant, single- family lots to allow for up to 10 parcels and 10 units, as specified, and makes other changes to SB 684 (Caballero), Chapter 783, Statutes of 2023. Specifically, this bill:
- Expands SB 684, which required a local agency to ministerially approve the subdivision of a parcel map for up to 10 housing units and to allow the ministerial approval of any housing units on the site, as follows:
- Adds vacant, single-family zoned sites beginning July 1, 2025. Defines “vacant” to mean having no permanent structures, unless the permanent structure is abandoned and uninhabitable. Prohibits all of the following types of housing from being defined as “vacant”:
- Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
- Housing that is subject to any form of rent or sales price control through a local public entity’s valid exercise of its police power.
- Housing that has been occupied by tenants in the past five years preceding the date of application, including housing that has been demolished or tenants have vacated prior to the application for a development permit.
- Allows a local agency to impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot on a vacant, single family site. This provision does not become operative until July 1, 2025.
- Reduces the lot size for ministerial subdivisions for both multi-family and single family lots from no more than 5 acres to no more than 1.5 acres.
- Requires parcels that are subdivided on single-family sites to be no smaller than 1,200 square feet on average.
- Allows housing units on a lot subject to ministerial approval to be in a tenancy in common.
- Prohibits an existing dwelling unit from being sold separately from any other existing dwelling unit on the lot.
- Provides a local agency with the option to allow accessory dwelling unit (ADUs) or junior ADUs on a ministerial subdivision of 10 parcels or less as specified and to not count them toward the 10 unit cap.
- Prohibits a local agency from establishing a minimum requirement of “frontage”
- Adds a definition of “net habitable square feet” to mean the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
- Makes the above changes effective July 1, 2025.
- Adds vacant, single-family zoned sites beginning July 1, 2025. Defines “vacant” to mean having no permanent structures, unless the permanent structure is abandoned and uninhabitable. Prohibits all of the following types of housing from being defined as “vacant”:
- Provides that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to current law governing state mandated local costs.
- Finds and declares that this bill expands opportunities for more affordable housing types on smaller less expensive parcels, by doing so this bill addresses a matter of statewide concern and therefore applies to all cities, including charter cities.
EXISTING LAW: As established by SB 684 (Caballero), the Starter Home Revitalization Act, provides for the following [Government Code § 65852.28 and 66499.41]
- Requires a local government to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets, among others, the following requirements:
- The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer units.
- The proposed development is located on a lot that meets all of the following requirements:
- The lot is zoned for multifamily residential development.
- The lot is no larger than five acres and substantially surrounded by qualified urban uses, as defined.
- The parcels created will be no smaller than 600 square feet, unless allowed by the local government.
- The housing units on the lot proposed to be subdivided are one of the following:
- Constructed on fee simple ownership lots.
- Part of a common interest development.
- Part of a housing cooperative, as defined in Section 817 of the Civil Code.
- Owned by a community land trust.
- The average total area of floor space of the proposed units does not exceed 1,750 net habitable square feet.
- Provides that a housing development project on a proposed site to be subdivided does not have to comply with any minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size.
- Requires a local agency to ministerially consider an application for a project that meets the specified requirements of the Starter Home Revitalization Act.
- Requires a local agency to approve or deny an application for a parcel map or a tentative map, or a development application, for a housing development project submitted to a local agency within 60 days from the date the local agency receives a completed application, as specified.
- Allows a local agency to deny an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) on parcels created pursuant to the Starter Home Revitalization Act.
- Delays the operative date of the Starter Home Revitalization Act to July 1, 2024.
FISCAL EFFECT: According to the Senate Appropriations Committee, “The Department of Housing and Community Development (HCD) may incur costs of over $50,000 as a result of this bill’s expansion of the current requirements. HCD notes that the expansion to lots zoned for single-family residential use would result in increased technical assistance requests and may require additional workload to research and draft a written technical advisory for local government staff and applicants. See Staff Comments. (General Fund)
“Unknown local costs to provide for the review and approval of additional parcel maps, and tentative and final maps, and issuance of building permits, as specified. These costs are not state-reimbursable because local agencies have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new planning mandates. (local funds)”
COMMENTS:
- Local Government Police Power. The California Constitution allows cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority. Local governments use their police power to enact zoning ordinances that shape development, such as setting maximum heights and densities for housing units, minimum numbers of required parking spaces, setbacks to preserve privacy, and lot coverage ratios to increase open space, among others. These ordinances can also include conditions on development to address community impacts or other particular site-specific considerations. Local governments have broad authority to define the specific approval processes needed to satisfy these considerations, including the permits the developer must obtain.
- The Subdivision Map Act (SMA). The SMA establishes a statewide regulatory framework for controlling the subdivision of parcels of land into two or more smaller parcels. The SMA is designed to complement a local government's planning and zoning law. Planning and zoning law controls the land use: the type, location, and intensity of development that is allowed on a parcel of land. The SMA enables the creation of those parcels, and ensures that new parcels are properly prepared for development, including grading and building infrastructure (such as roads and utilities).
The SMA provides discretion to local agencies for approving a "parcel map" (for subdivisions of 2-4 units) or a "tentative map" (for subdivision of five or more units). This discretion is designed to ensure that development projects properly improve the land with grading and infrastructure. Upon completion of these improvements, the local agency will issue a "final map," which establishes the subdivision of the land. Upon issuance of the final map, the developers is allowed to begin construction of buildings on the site.
The SMA's requirements for discretionary approvals and serial permitting make sense for development on unimproved land. But in infill locations, where land has already been improved, these requirements can cause significant delays and increase risk – all of which increases the cost of housing. - SB 684 (Caballero) Chapter 783, Statutes of 2023. Last year, SB 684 (Caballero) required local governments to ministerially approve a parcel map or tentative and final map of 10 or fewer units on sites zoned multifamily, no larger than five acres, and substantially surrounded by qualified urban uses. In addition, the bill required ministerial approval of housing developments using the SB 684 subdivision process. Both the subdivision and the approval of subsequent housing development on the lot are ministerial, meaning they do not trigger review under the California Environmental Quality Act (CEQA). Projects must meet minimum density requirements, as established in the housing element for that parcel, and comply with existing setback and height requirements. Units can be no greater than 1,750 net habitable square feet. The project must also comply with any local inclusionary requirements. If the project receives a tentative or parcel map pursuant to this bill, the local agency must issue the building permit based on the approved map under specified circumstances.
In addition, developers can begin construction and on-site improvements at the same time. To receive this parallel-tracking, the developer must have received a tentative or parcel map, and submit their building permit. The local agency may condition approval of the building permit on proof that the housing will not be occupied before the on-site improvements are complete. This approach to expediting development for infill sites is modeled after a process for developing small sites in the City of Los Angeles. - Bill Summary. This bill is a follow up bill to SB 684 (Caballero) and makes the following changes to law established by that bill:
- Single-family sites. This bill would add vacant, single family sites to the ministerial subdivision process and the approval process for housing developments on subdivided sites with a few differences. For sites zoned single-family, a local government could cap the height of new units at the height for the applicable height in the zone. This would prevent developments that are not consistent in height with the surrounding single-family homes. The bill allows a subdivision for a single family site be no less than an average of 1,200 square feet.
- Defining “Vacant”. SB 684 included demolition protections for multi-family properties that have deed restricted affordable units, rent controlled units, or housing occupied by tenants within the last five years including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
This bill expands SB 684 to include “vacant” single-family zoned sites. The bill defines “vacant” to mean a site that has no permanent structure, unless the permanent structure is abandoned and uninhabitable. The bill’s definition of “vacant” does not include the deed restricted affordable housing, units subject to rent or sales price control, and housing that has been occupied by tenants within the last five years, including housing that has been demolished or that tenants have vacated prior to application of the development permit. - Lowering Minimum Density Requirements. SB 684 requires that if a parcel was not included in the jurisdiction’s housing element, then the development has to result in at least as many units as the maximum allowable density. This bill lowers that requirement and requires any new development to result in at least 66% of the maximum allowable density as specified by local zoning or 66% of the applicable residential density, whichever is higher. If the density is not specified in the local zoning ordinance, then 66% of the Mullin Densities apply.
- Defining Net Habitable Space. Existing law includes a maximum of 1,750 net habitable square feet for the proposed housing units. This bill defines “net habitable square feet” to mean the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas. “Net habitable square feet” excludes garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
- Other changes to the Law Established by SB 684. The bill also allows for lots that contain units that are part of a tenancy in common to be eligible for a ministerial subdivision. The bill prohibits minimum frontage requirements and provides that if a local government chooses to permit ADUs or JADUs, the units shall not count towards the 10 unit cap.
This bill is co-sponsored by California YIMBY, California Community Builders, LISC San Diego, and the Central Valley Urban Institute.
- Author’s Statement. According to the author, “Last year, I authored SB 684 to expand homeownership opportunities by streamlining the process to subdivide parcels and build modest density infill housing projects. The months following SB 684’s passage, I heard from a number of stakeholders on the ground that are excited to implement the legislation, but shared a number of issues that would help clarify the bill’s intent. SB 1123 incorporates needed clarity to ensure local agencies, developers, and other interested parties understand exactly when and how to use SB 684 in order to eliminate any unnecessary delay or uncertainty.”
- Policy Considerations. Recent amendments inadvertently changed how the effective date of July 1, 2025 established by Senate Local Government Committee was applied. The Committee may wish to consider technical amendments to address the drafting error.
- Committee Amendments. To address the policy consideration above, the Committee may wish to consider the following amendments.
- Add the following subdivision to Section 2 of the bill, which amends GOV § 65852.28:
(g) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025. - Striking the effective date from Section 3, which amends GOV § 66499.41, to read as follows:
- Add the following subdivision to Section 2 of the bill, which amends GOV § 65852.28:
GOV§66499.41 (a)(2)(A) (i) Before July 1, 2025, the lot isThe lot is one of the following:
(i) zoned Zoned to allow multifamily residential dwelling use. (ii) On and after July 1, 2025, the lot is one of the following:
Zoned to allow multifamily residential dwelling use.
(ii) Vacant and zoned for single-family residential development. For purposes of this clause, “vacant” means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as “vacant”:(ia) (I) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
(ib) (II) Housing that is subject to any form of rent or sales price control through a local public entity’s valid exercise of its police power.
(ic) (III) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
- Add the following subdivision to Section 3, which amends GOV § 66499.41:
(k)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
- Add the following subdivision to Section 3, which amends GOV § 66499.41:
- Arguments in Support. California YIMBY, California Community Builders, LISC San Diego, and the Central Valley Urban Institute, co-sponsors of the bill, write in support, “Passed in 2023, SB 684 (Caballero) streamlined approvals for ‘starter’ homes in infill developments of 10 homes or less in multi-family zones. It also amended the Subdivision Map Act to make it faster and easier to split a single parcel into multiple smaller ones, each with their own home. SB 1123 expands SB 684 to allow the bill to be used on clearly defined vacant lots in single family zones–creating more affordable homeownership opportunities in neighborhoods that have traditionally excluded lower- and middle-income families and communities of color.
“The bill also incorporates changes to SB 684 in order to ensure that a variety of lower-cost homeownership types and builders are eligible to use the bill. It clarifies that if a local jurisdiction allows ADU’s on a project, those units do not count towards the project cap of 10 units, that tenancy in commons are included as eligible projects, and corrects language regarding community land trusts. It further ensures that a minimum number of homeownership units are built on specified parcels to meet the state’s demand for entry-level ownership housing.” - Arguments in Opposition. The League of California Cities writes in opposition, “Housing affordability and homelessness are among the most critical issues facing California cities. Affordably priced homes are out of reach for many people and housing is not being built fast enough to meet the current or projected needs of people living in the state. Cities lay the essential groundwork for housing production by planning and zoning new projects in their communities based on extensive public input and engagement and state housing laws. Importantly, cities are currently updating housing plans to identify sites for more than two million additional housing units.
“SB 1123 ignores this state-mandated local planning effort and forces cities to allow up to 10 times more density on parcels set aside for a single-family home. This seriously questions the rationale for the regional housing needs allocation (RHNA) process. If developers can disregard existing zoning requirements, why should cities go through the multiyear planning process to identify sites suitable for new housing units, for those plans to be ignored.” - Double-Referral. This bill was double-referred to the Assembly Housing and Community Development Committee, where it passed on a 7-1 vote on June 12, 2024.
REGISTERED SUPPORT / OPPOSITION:
Support
California YIMBY (SPONSOR)
California Community Builders (SPONSOR)
LISC San Diego (SPONSOR)
Central Valley Urban Institute (SPONSOR)
All Home
Buildcasa
California Building Industry Association (CBIA)
California Chamber of Commerce
California Community Economic Development Association (CCEDA)
Central City Association of Los Angeles
Circulate San Diego
East Bay Yimby
Eastside Housing for All
Fieldstead and Company, INC.
Fremont for Everyone
Grow the Richmond
Habitat for Humanity
Housing Action Coalition
Housing Trust Silicon Valley
Livable Communities Initiative
Monterey Bay Economic Partnership
Mountain View Yimby
Napa-solano for Everyone
Northern Neighbors
Peninsula for Everyone
Progress Noe Valley
Redlands Yimby
San Francisco Yimby
San Luis Obispo Yimby
Santa Cruz Yimby
Santa Rosa Yimby
South Bay Yimby
Southside Forward
Spur
Streets for People
Unidos US
Urban Environmentalists
Urban League of San Diego County
Ventura County Yimby
Yimby Action
Yimby Slo
Opposition
California League of Cities
Analysis Prepared by: Linda Rios / L. GOV. / (916) 319-3958
Date of Hearing: June 12, 2024
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Christopher M. Ward, Chair
SBPCA Bill Id:SB 1123
Author:(Caballero) – As Amended Ver:April 23, 2024
SENATE VOTE: 31-5
SUBJECT: Planning and zoning: subdivisions: ministerial review
SUMMARY: Requires local agencies to ministerially approve the subdivision of vacant, single- family lots to allow for up to 10 units as specified and makes other changes to SB 684 (Caballero), Chapter 783, Statutes of 2023. Specifically, this bill:
- Expands SB 684, which required a local agency to ministerally approve the subdivision of a parcel map for up to 10 housing units and to allow the ministerial approval of any housing units on the site, as follows:
- Adds vacant, single-family zoned sites;
- Allows a local agency to impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot on a vacant, single family site. This provision does not become operative until July 1, 2025;
- Reduces the lot size for ministerial subdivisions for both multi-family and single family lots from no more than 5 acres to no more than 1.5 acres;
- Requires parcels that are subdivided on single-family sites to be no smaller than 1,200 square feet;
- Allows housing units on a lot subject to ministerial approve to be tenancy in common;
- Prohibits an existing dwelling unit being sold separately from any other existing dwelling unit on the lot;
- Provides a local agency with the option to allow accessory dwelling unit (ADUs) or junior ADUs on a ministerial subdivision of 10 parcels or less as specified and to not count them toward the 10 unit cap; and
- Adds a definition of “net habitable square feet” to mean the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
- Makes the above changes effective July 1, 2025.
EXISTING LAW:
- Requires a local agency to miniserially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets all of the following requirements:
- The subdivision would result in 10 or fewer parcels and the housing development would result in 10 or fewer units, except a local agency may at its discretion allow for additional units in the form of accessory dwelling units (ADUs) or junior ADUs and those shall not count toward the 10 units;
- The lot is zoned for either multifamily residential dwelling use;
- The lot is not larger than five acres and is substantially surrounded by qualified urban uses, as defined;
- The lot was not subject to a lot split pursuant to SB 9 (Atkins), Chapter 162, Statutes of 2021;
- Newly created parcels are no smaller than 600 square feet, except that a local agency may adopt a smaller minimum parcel size subject to ministerial approval;
- Housing units proposed on the lot can be one of the following:
- Constructed on fee simple ownership lots;
- Part of a common interest development;
- Part of a cooperative; and
- Constructed as a community land trust.
- If dwelling units are located on land owned by a nonprofit corporation they must be sold or rented to qualified low or moderate income persons and families;
- Requires a proposed development to meet one of the following requirements:
- If the parcel is identified in the jurisdictions’ housing element to accommodate any portion of the jurisdiction’s share of the regional housing need for low-or very low income households, the development shall result in at least as many low- or very low income households as project in the housing element. Requires these units to be subject to a recorded affordability covenant of at least 45 years; or
- If the parcel is not identified in the jurisdiction’s housing element the development will result in at least as many units as the maximum allowable residential density.
- The average total area of floorspace for the proposed housing unit shall not exceed 1,750 net habitable square feet;
- The housing development project shall comply with any local inclusionary housing ordinances;
- The development of housing on the lot does not result in the demolition or alteration of any of the following housing types:
- Housing with a recorded covenant, ordinance, or law restricting rents to affordable levels, as specified;
- Housing subject to any kind of rent control or price control;
- Housing occupied by tenants within the five years preceding the application, including housing that has been demolished or the tenants have vacated prior to the submission of the application for a development permit; and
- A parcel that an owner withdrew from the rent or lease within 15 years before the date of the application under the Ellis Act.
- A lot that is not located on an environmentally sensitive site, as specified;
- The subdivision conforms to all applicable objective requirements of the Subdivision Map Act (SMA), except as otherwise expressly provided;
- Any parcel is served by a public water system or a municipal sewer system;
- A housing development is not required to comply with either of the following requirements:
- A minimum requirement on the size, width, depth, or dimensions of an individual parcel beyond the minimum parcel size of 600 square feet; or
- The formation of a homeowners association, except as required under the Davis-Stirling Act.
- Specifies the timeline and process for a local agency to approve or deny an application for a parcel map or a tentative map. (Government Code (GC) Section 65852.28)
- Requires a local agency to ministerially consider, without discretionary review or a hearing, an application for a housing development project on a lot that is subdivided for up to 10 units on a multi-family site that meets the following requirements of 1) above. (GC Section 66499.41)
FISCAL EFFECT: Unknown
COMMENTS:
Author’s Statement: According to the author, “last year, I authored SB 684 to expand homeownership opportunities by streamlining the process to subdivide parcels and build modest density infill housing projects. The months following SB 684’s passage, I heard from a number of stakeholders on the ground that are excited to implement the legislation, but shared a number of issues that would help clarify the bill’s intent. SB 1123 incorporates needed clarity to ensure local agencies, developers, and other interested parties understand exactly when and how to use SB 684 in order to eliminate any unnecessary delay or uncertainty.”
The Subdivision Map Act (SMA): The SMA establishes a statewide regulatory framework for controlling the subdivision of parcels of land into two or more smaller parcels. The SMA is designed to complement a local government's planning and zoning law. Planning and zoning law controls the land use: the type, location, and intensity of development that is allowed on a parcel of land. The SMA enables the creation of those parcels, and ensures that new parcels are properly prepared for development, including grading and building infrastructure (such as roads and utilities).
The SMA provides discretion to local agencies for approving a "parcel map" (for subdivisions of 2-4 units) or a "tentative map" (for subdivision of five or more units). This discretion is designed to ensure that development projects properly improve the land with grading and infrastructure. Upon completion of these improvements, the local agency will issue a "final map," which establishes the subdivision of the land. Upon issuance of the final map, the developers is allowed to begin construction of buildings on the site.
The SMA's requirements for discretionary approvals and serial permitting make sense for development on unimproved land. But in infill locations, where land has already been improved, these requirements can cause significant delays and increase risk – all of which increases the cost of housing.
SB 684 (Caballero) Chapter 783, Statutes of 2023: Last year, SB 684 (Caballero) required local governments to ministerially approve a parcel map or tentative and final map of 10 or fewer units on sites zoned multifamily, no larger than five acres, and substantially surrounded by qualified urban uses. In addition, the bill required ministerial approval of housing developments using the subdivision process. Both the subdivision and the approval of subsequent housing development on the lot are ministerial, meaning they do not trigger review under the California Environmental Quality Act (CEQA). Projects must meet minimum density requirements, as established in the housing element for that parcel, and comply with existing setback and height requirements. Units can be no greater than 1,750 net habitable square feet. The project must also comply with any local inclusionary requirements. If the project receives a tentative or parcel map pursuant to this bill, the local agency must issue the building permit based on the approved map under specified circumstances. In addition, developers can begin construction and on-site improvements at the same time. To receive this parallel-tracking, the developer must have received a tentative or parcel map, and submit their building permit. The local agency may condition approval of the building permit on proof that the housing will not be occupied before the on-site improvements are complete. This approach to expediting development for infill sites is modeled after a process for developing small sites in the City of Los Angeles.
Single-family sites: This bill would add vacant, single family sites to the ministerial subdivision process and the approval process for housing developments on subdivided sites with a few differences. For sites zoned single-family, a local government could cap the height of units at the height for the applicable height in the zone. This would prevent developments that are not consistent in height with the surrounding single-family homes. The minimum lot size could be no less than 1,200 square feet, rather than no less than 600 feet on multi-family sites.
Vacant definition: This bill expands SB 684 to include “vacant” single-family zoned sites, but does not define “vacant.” SB 684 included demolition protections for multi-family properties that have deed restricted affordable units, rent controlled units, or housing occupied by tenants within the last five years including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit. To provide further clarity, the committee may wish to make clear that “vacant” sites include those with no existing structure or an abandoned and uninhabitable structure and that the protections in place for tenants on multi-family sites also apply to single-family sites.
Other changes to SB 684: Stakeholders have identified various issues with SB 684 and its application. This bill makes several changes to address those concerns including clarifying how net habitable space is defined with regards to size limits of the units, allowing for units that are part of a tenancy in common to be permitted, prohibiting minimum frontage requirements beyond 600 square feet as authorized by the prior bill, and providing that if a local government chooses to permit ADUs or JADUs, the units shall not count towards the 10 unit cap.
Housing element protections: SB 684 included protections to avoid undermining a local government’s efforts to meet its housing goals. A local government is only required to ministerially approve a housing development if it will result in at least as many units as included in an approved housing element. If the parcel has been identified and zoned to meet the jurisdictions low or very low income housing needs and would result in fewer units than is required then any units created must be affordable for 45 years. If a parcel is not identified in housing element, the development must result in at least as many units as allowed in the maximum allowable residential density. The sponsors of this bill have raised concerns that this last standard may be too high and should be reduced to 66% of the number of units in the maximum allowable residential density. If the zoning does not specified a maximum allowable residential density than the density would be 66% of Mullin Densities, which are 30 units to the acre in metropolitan jurisdictions. The committee may wish to consider amendments to implement this change.
Arguments in support: According to one of the sponsors of this bill, California Community Builders, “State and local laws make it extremely challenging, time-consuming, and resource intensive for local governments that wish to reshape their general plans and zoning designations. SB 1123 enables local governments to approve the subdivision and construction in a streamlined manner for the construction of small, naturally occurring homes available for homeownership on vacant single-family zoned parcels. Coupled with additional technical feedback to improve implementation of SB 684, SB 1123 will help to end decades of discriminatory zoning policy that has made it nearly impossible for low-income families, especially families of color, to enter into homeownership opportunities.”
Arguments in opposition: None on file.
Committee amendments:
- Define “vacant” as a site having no permanent structure or an abandoned and uninhabitable structure. Make clear that the existing demolition protections in SB 684 for housing occupied by tenants also apply to single-family sites.
(II) Vacant and zoned for single-family development. For purposes of this clause, “vacant” means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as “vacant”:
(ia) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.
(ib) Housing that is subject to any form of rent or sales price control through a local public entity’s valid exercise of its police power.
(ic) Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
- To address concerns that requiring a housing development to produce the same number of units for low and very low income households, as zoned for in the housing element may prohibit the use of this bill, the following language reduces the threshold to 66% of the density specified in the housing element or if the density is not specified in the local zoning then 66% of Mullin Densities.
If the parcel is not identified in the jurisdiction’s housing element for the current planning period that is in substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1, the development will result in at least as many units as the maximum allowable residential density at least as many units as 66 percent of the maximum allowable residential density as specified by local zoning or 66 percent of the applicable residential density specified in subparagraph (B) of paragraph (3) or subdivision (c) of Section 65583.2, whichever is greater.
- Where local zoning does not specify a maximum allowable residential density, the development will result in at least 66 percent of the applicable residential density as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
- Add language declaring the need for the bill as a matter of statewide concern which applies to all cities including chargers cities.
- Add legislative findings.
- Make the following changes to the parcel sized allowed for single-family residential use:
(B) If the parcels are zoned for single-family residential use the newly created parcels are no smaller on average are not less than 1,200 square feet.
Related Legislation:
SB 684 (Caballero) Chapter 783, Statutes of 2023 required local agencies to ministerially approve subdivision maps for specified projects in urban areas that include 10 or fewer housing units.
Double-referred: This bill was also referred to the Assembly Committee on Local Government where it will be heard should it pass out of this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
California Community Builders (Co-Sponsor)
California Yimby (Co-Sponsor)
Central Valley Urban Institute (Co-Sponsor)
LISC San Diego (Co-Sponsor)
All Home
BuildCasa
California Building Industry Association
California Chamber of Commerce
California Community Builders
California Community Economic Development Association
Central City Association
Circulate San Diego
East Bay YIMBY
Eastside Housing for All
Fieldstead and Company
Fremont for Everyone
Grow the Richmond
Housing Action Coalition
Housing Trust Silicon Valley
Monterey Bay Economic Partnership
Mountain View YIMBY
Napa-Solano for Everyone
Northern Neighbors
Peninsula for Everyone
Progress Noe Valley
Redlands YIMBY
San Francisco Yimby
San Luis Obispo Yimby
Santa Cruz YIMBY
Santa Rosa YIMBY
South Bay YIMBY
Southside Forward
SPUR
Streets for People
Urban Environmentalists
Urban League of San Diego County
Ventura County YIMBY
YIMBY Action
YIMBY SLO
Opposition
None on file.
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1123 |
THIRD READING
Bill No: SB 1123
Author: Caballero (D)
Amended: 4/23/24
Vote: 21
SENATE HOUSING COMMITTEE: 8-0, 4/2/24
AYES: Skinner, Blakespear, Caballero, Cortese, Menjivar, Padilla, Umberg, Wahab
NO VOTE RECORDED: Ochoa Bogh, Seyarto
SENATE LOCAL GOVERNMENT COMMITTEE: 5-0, 4/17/24
AYES: Durazo, Glazer, Skinner, Wahab, Wiener
NO VOTE RECORDED: Seyarto, Dahle
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/16/24
AYES: Caballero, Ashby, Becker, Bradford, Wahab
NOES: Jones
NO VOTE RECORDED: Seyarto
SUBJECT: Planning and zoning: subdivisions: ministerial review
SOURCE: California Community Builders
California YIMBY
DIGEST:
This bill makes changes to the Starter Home Revitalization Act, which requires local agencies to ministerially approve the specified subdivision maps and projects in urban areas and include 10 or fewer housing units.
ANALYSIS:
Existing law:
- Requires a local government to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets, among others, the following requirements:
- The proposal subdivision will result in 10 or fewer parcels and the housing development project on the lot proposal to be subdivided will contain 10 or fewer units.
- The proposal development is located on a lot that meets all of the following sets of requirements:
- The lot is zoned for multifamily residential development.
- The lot is no larger than five acres and substantially surrounded by qualified urban uses, as defined.
- The parcels created will be no smaller than 600 square feet, unless allowed by the local government.
- The housing units on the lot proposed to be subdivided are one of the following:
- Constructed on fee simple ownership lots.
- Part of a common interest development.
- Part of a housing cooperative, as defined in Section 817 of the Civil Code.
- Owned by a community land trust.
- The average total area of floorspace of the proposed units does not exceed 1,750 net habitable square feet.
- Provides that a housing development project on a proposed site to be subdivided does not have to comply with any a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size.
- Requires a local agency to ministerially consider an application for a project that meets the specified requirements of the Starter Home Revitalization Act.
- Requires a local agency to approve or deny an application for a parcel map or a tentative map, or a development application, for a housing development project submitted to a local agency within 60 days from the date the local agency receives a completed application, as specified.
- Allows a local agency to deny an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) on parcels created pursuant to the Starter Home Revitalization Act.
- Delays the operative date of the Starter Home Revitalization Act to July 1, 2024.
This bill:
- Defines “net habitable square feet” as the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and a half feet, including working, living, eating, cooking, sleeping, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
- Provides that a housing development project on a proposed site to be subdivided shall not be required to comply with minimum frontage requirements.
- Allows for housing units that are subdivided to part of a tenancy in common.
- Clarifies that if a local agency chooses to permit ADUs or JADUs, the units shall not count towards the 10-unit cap.
- Authorizes a lot to be subdivided to take place on a vacant parcel in a single-family zone and lowers the lot size to 1 ½ acres and no smaller than 1,200 square feet. A local agency may impose a height limit of no less than the height allowed under the existing zoning designation applicable to the lot.
- Provides that the changes made in this bill shall become operative on July 1, 2025.
Background
Missing middle housing types – one solution for solving the housing crisis. California’s high — and rising — land costs necessitate dense housing construction for a project to be financially viable and for the housing to ultimately be affordable to lower-income households. Yet, recent trends in California show that new housing has not commensurately increased in density. In a 2016 analysis, the Legislative Analyst’s Office (LAO) found that the housing density of a typical neighborhood in California’s coastal metropolitan areas increased only by 4% during the 2000s. In addition, the pattern of development in California has changed in ways that limit new housing opportunities. A 2016 analysis by BuildZoom found that new development has shifted from moderate-, but widespread, density to pockets of high-density housing near downtown cores surrounded by vast swaths of low-density single-family housing. Specifically, construction of moderately-dense housing (i.e., 2 to 49 units) in California peaked in the 1960s and 1970s and has slowed in recent decades.
A 2019 Zillow report found that even modest densification, such as duplexes and fourplexes could result in millions more homes. Across 17 metro areas analyzed nationwide, allowing 10% of single-family lots to house two units instead of one could yield almost 3.3 million additional housing units to the existing housing stock. In the L.A. region, if one in five single-family lots were re-zoned to hold two homes, the local housing stock could be boosted by 775,000 homes.
Another method of lowering the cost of housing is to facilitate the construction of “missing middle” housing types that generate more units per acre, such as town homes, duplexes, fourplexes, and multifamily housing developments up to 20 units. Several cities have sought to encourage the development of smaller “starter homes,” such as town homes and bungalows in single-family neighborhoods, as well as in areas zoned for commercial and multifamily development that remain undeveloped or underdeveloped by adopting small lot ordinances that streamline the development process for smaller homes. For example, using its existing authority under the Subdivision Map Act, the City of Los Angeles allows for the development of small lot subdivisions that relax minimum lot sizes, setbacks, and other requirements to allow for the creation of small homes on separately saleable lots.
Comments
- Author’s statement. According to the author, “Last year, I authored SB 684 to expand homeownership opportunities by streamlining the process to subdivide parcels and build modest density infill housing projects. The months following SB 684’s passage, I heard from a number of stakeholders on the ground that are excited to implement the legislation, but shared a number of issues that would help clarify the bill’s intent. SB 1123 incorporates needed clarity to ensure local agencies, developers, and other interested parties understand exactly when and how to use SB 684 in order to eliminate any unnecessary delay or uncertainty.”
- Ministerial subdivisions for smaller projects. Last year, the legislature passed and the Governor signed SB 684 (Caballero, Chapter 783, Statutes of 2023), which streamlined small lot subdivisions to help promote their development. It would require local governments to ministerially approve a parcel map or tentative and final map and projects with 10 or fewer units on sites zoned multifamily and no larger than five acres and substantially surrounded by qualified urban uses. Projects should meet minimum density requirements, as established in the housing element for that parcel, and comply with existing setback and height requirements. Units can be no greater than 1,750 net habitable square feet. The project must also comply with any local inclusionary requirements. If the project receives a tentative or parcel map pursuant to this bill, the local agency must issue the building permit based on the approved map under specified circumstances.
- Application to single-family zones. SB 684 applied in both single family and multifamily neighborhoods until the application to single-family zones was removed in the Assembly Appropriations Committee. This bill would reinstate the application to single-family zones but only to vacant parcels, and those lots are no larger than 1 ½ acres. Newly created parcels may not be smaller than 1,200 square feet. Additionally, this bill would provide that the height limits for those zones shall apply to the projects authorized by this bill.
- Implementation issues. As noted by the author, practitioners have pointed out ambiguities in the law signed last year. Specifically, the bill would clarify how net habitable space is defined with regards to size limits of the units, allows for units that are part of a tenancy in common to be permitted, prohibits minimum frontage requirements beyond 600 square feet as authorized by the prior bill, and provides that a local government chooses to permit ADUs or JADUs, the units shall not count towards the 10 unit cap.
- No rush. The changes made by this bill would not take effect until July 1, 2025.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- The Department of Housing and Community Development (HCD) may incur costs of over $50,000 as a result of this bill’s expansion of the current requirements. HCD notes that the expansion to lots zoned for single-family residential use would result in increased technical assistance requests and may require additional workload to research and draft a written technical advisory for local government staff and applicants. See Staff Comments. (General Fund)
- Unknown local costs to provide for the review and approval of additional parcel maps, and tentative and final maps, and issuance of building permits, as specified. These costs are not state-reimbursable because local agencies have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new planning mandates. (local funds)
SUPPORT: (Verified 5/16/24)
California Community Builders (co-source)
California YIMBY (co-source)
California Building Industry Association (CBIA)
California Chamber of Commerce
California Community Economic Development Association (CCEDA)
Central Valley Urban Institute
Circulate San Diego
Housing Action Coalition
LISC San Diego
Livable Communities Initiative
Monterey Bay Economic Partnership
South Bay YIMBY
SPUR
Urban League of San Diego County
YIMBY Action
OPPOSITION: (Verified 5/16/24)
None received
Prepared by: Alison Hughes / HOUSING / (916) 651-4124
5/17/24 10:09:23
**** END ****
SENATE COMMITTEE ON HOUSING
Senator Nancy Skinner, Chair
2023 - 2024 Regular
Bill No: SB 1123 Hearing Date: 4/2/2024
Author: | Caballero | ||
Version: | 4/1/2024 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Planning and zoning: subdivisions: tenancy in common
DIGEST: This bill makes changes to the Starter Home Revitalization Act, which requires local agencies to ministerially approve subdivision maps for specified projects in urban areas that include 10 or fewer housing units.
ANALYSIS:
Existing law, pursuant to the Starter Home Revitalization Act:
- Requires a local government to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets, among others, the following requirements:
- The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer units.
- The proposed development is located on a lot that meets all of the following sets of requirements:
- The lot is zoned for multifamily residential development.
- The lot is no larger than five acres and substantially surrounded by qualified urban uses, as defined.
- The parcels created will be no smaller than 600 square feet, unless allowed by the local government.
- The housing units on the lot proposed to be subdivided are one of the following:
- Constructed on fee simple ownership lots.
- Part of a common interest development.
- Part of a housing cooperative, as defined in Section 817 of the Civil Code.
- Owned by a community land trust.
- The average total area of floorspace of the proposed units does not exceed 1,750 net habitable square feet.
- Provides that a housing development project on a proposed site to be subdivided does not have to comply with any a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size.
- Requires a local agency to ministerially consider an application for a project that meets the specified requirements of the Starter Home Revitalization Act.
- Requires a local agency to approve or deny an application for a parcel map or a tentative map, or a development application, for a housing development project submitted to a local agency within 60 days from the date the local agency receives a completed application, as specified.
- Allows a local agency to deny an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) on parcels created pursuant to the Starter Home Revitalization Act.
- Delays the operative date of the Starter Home Revitalization Act to July 1, 2024.
This bill:
- Defines “net habitable square feet” as the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and a half feet, including working, living, eating, cooking, sleeping, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
- Provides that a housing development project on a proposed site to be subdivided shall not be required to comply with minimum frontage requirements.
- Allows for housing units that are subdivided to part of a tenancy in common.
- Clarifies that if a local agency chooses to permit ADUs or JADUs, the units shall not count towards the 10 unit cap.
- Authorizes a lot to be subdivided to take place on a vacant parcel in a single-family zone. A local agency may impose a height limit of no less than the height allowed under the existing zoning designation applicable to the lot.
COMMENTS:
- Author’s statement. “Last year, I authored SB 684 to expand homeownership opportunities by streamlining the process to subdivide parcels and build modest density infill housing projects. The months following SB 684’s passage, I heard from a number of stakeholders on the ground that are excited to implement the legislation, but shared a number of issues that would help clarify the bill’s intent. SB 1123 incorporates needed clarity to ensure local agencies, developers, and other interested parties understand exactly when and how to use SB 684 in order to eliminate any unnecessary delay or uncertainty.”
- Modest density increases. California’s high — and rising — land costs necessitate dense housing construction for a project to be financially viable and for the housing to ultimately be affordable to lower-income households. Yet, recent trends in California show that new housing has not commensurately increased in density. In a 2016 analysis, the Legislative Analyst’s Office (LAO) found that the housing density of a typical neighborhood in California’s coastal metropolitan areas increased only by 4% during the 2000s. In addition, the pattern of development in California has changed in ways that limit new housing opportunities. A 2016 analysis by BuildZoom found that new development has shifted from moderate-, but widespread, density to pockets of high-density housing near downtown cores surrounded by vast swaths of low-density single-family housing. Specifically, construction of moderately-dense housing (i.e., 2 to 49 units) in California peaked in the 1960s and 1970s and has slowed in recent decades.
A 2019 Zillow report found that even modest densification, such as duplexes and fourplexes could result in millions more homes. Across 17 metro areas analyzed nationwide, allowing 10% of single-family lots to house two units instead of one could yield almost 3.3 million additional housing units to the existing housing stock. In the L.A. region, if one in five single-family lots were re-zoned to hold two homes, the local housing stock could be boosted by 775,000 homes.
- Creating more missing middle housing types. Another method of lowering the cost of housing is to facilitate the construction of “missing middle” housing types that generate more units per acre, such as town homes, duplexes, and fourplexes. Several cities have sought to encourage the development of smaller “starter homes,” such as town homes and bungalows in single-family neighborhoods, as well as in areas zoned for commercial and multifamily development that remain undeveloped or underdeveloped by adopting small lot ordinances that streamline the development process for smaller homes. For example, using its existing authority under the Subdivision Map Act, the City of Los Angeles allows for the development of small lot subdivisions that relax minimum lot sizes, setbacks, and other requirements to allow for the creation of small homes on separately saleable lots.
AB 803 (Boerner-Horvath, Chapter 154, Statutes of 2021) incentivized the construction of modestly dense homes designed for ownership at more affordable prices than neighboring single-family homes. It did this by removing the ability for local agencies to impose setback requirements between units and minimum lot sizes, and reducing parking requirements. It also precludes a local agency from requiring a small home lot development to be within a homeowners association. This is likely due to the fact that homeownership dues can significantly add to the cost of ownership.
- Ministerial subdivisions for smaller projects. Last year, the legislature passed and the Governor signed SB 684 (Caballero, Chapter 783, Statutes of 2023), which streamlined small lot subdivisions to help promote their development. It would require local governments to ministerially approve a parcel map or tentative and final map and projects with 10 or fewer units on sites zoned multifamily and no larger than five acres and substantially surrounded by qualified urban uses. Projects should meet minimum density requirements, as established in the housing element for that parcel, and comply with existing setback and height requirements. Units can be no greater than 1,750 net habitable square feet. The project must also comply with any local inclusionary requirements. If the project receives a tentative or parcel map pursuant to this bill, the local agency must issue the building permit based on the approved map under specified circumstances.
- Application to single-family zones. SB 634 (Caballero) applied in both single family and multifamily neighborhoods until the application to single-family zones was removed in the Assembly Appropriations Committee. This bill would reinstate the application to single-family zones but only to vacant parcels. Additionally, this bill would provide that the height limits for those zones shall apply to the projects authorized by this bill.
- Implementation issues. As noted by the author, practitioners have pointed out ambiguities in the law signed last year. Specifically, the bill would clarify how net habitable space is defined with regards to size limits of the units, allows for units that are part of a tenancy in common to be permitted, prohibits minimum frontage requirements beyond 600 square feet as authorized by the prior bill, and provides that a local government chooses to permit ADUs or JADUs, the units shall not count towards the 10 unit cap.
- Double-referral. This bill was also referred to the Local Government Committee.
Related Legislation:
SB 684 (Caballero, Chapter 783, Statutes of 2023) — required local agencies to ministerially approve subdivision maps for specified projects in urban areas that include 10 or fewer housing units.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
March 27, 2024.)
SUPPORT:
California Building Industry Association (CBIA)
California Chamber of Commerce
California Community Builders
California YIMBY
Circulate San Diego
Housing Action Coalition
Monterey Bay Economic Partnership
SPUR
YIMBY Action
OPPOSITION:
None received.
-- END --
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
SB 1123 (Caballero) - Planning and zoning: subdivisions: ministerial review
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 1123 would expand the applicability of provisions that require local agencies to ministerially approve small lot subdivisions on lots that are vacant and zoned for single-family residential development, and make several other changes to these statutes, as specified.
Fiscal Impact:
- The Department of Housing and Community Development (HCD) may incur costs of over $50,000 as a result of this bill’s expansion of the current requirements. HCD notes that the expansion to lots zoned for single-family residential use would result in increased technical assistance requests and may require additional workload to research and draft a written technical advisory for local government staff and applicants. See Staff Comments. (General Fund)
- Unknown local costs to provide for the review and approval of additional parcel maps, and tentative and final maps, and issuance of building permits, as specified. These costs are not state-reimbursable because local agencies have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new planning mandates. (local funds)
Background:
The Subdivision Map Act regulates how local officials approve the conversion of larger parcels into marketable lots. Major subdivisions (more than four lots) require a discretionary tentative map and a ministerial final map. Minor subdivisions (four or fewer lots, called “lot splits”) usually require a single, discretionary parcel map. In some communities, minor subdivisions require a tentative parcel map and a final parcel map, similar to major subdivisions. Local subdivision approvals must be consistent with city and county general plans.
One strategy to reduce the cost of housing is to facilitate the construction of “missing middle” housing types that accommodate more units per acre, but are not inherently expensive to build. This includes medium density housing such as duplexes, fourplexes, garden apartments, and town homes. Existing law, as enacted by AB 803 (Boerner Horvath, 2021), allows developers to submit an application for a small home lot development for the construction of single-family homes on a lot that is up to five acres, substantially surrounded by qualified urban uses, and zoned for multifamily housing, as specified. AB 803 allows a local agency to impose conditions on a small lot development, but prohibits the imposition of setback requirements between units, a minimum lot size, a requirement for enclosed parking, or the formation of a homeowners association. Local agencies must approve an application for such a development unless it doesn’t comply with the requirements of AB 803, the requirements of the Subdivision Map Act, or all local general plan, zoning, subdivision, and design standards, as specified.
Existing law, as enacted by SB 684 (Caballero, 2023), establishes a ministerial approval process for small lot subdivisions on lots zoned for multifamily use, beginning on July 1, 2024. Specifically, existing law requires cities and counties to ministerially approve the subdivision of a lot into up to 10 parcels, and ministerially approve housing projects with 10 or fewer total units across those parcels. Local agencies are not required to permit accessory dwelling units (ADUs) on these lots. To be eligible for ministerial approval, a project must meet a list of specified conditions, including the following:
- The lot is no larger than 5 acres and located on an infill site in a city or in an urban area in a county with a population greater than 600,000.
- The resulting parcels are at least 600 square feet in size.
- The units are no larger than 1,750 square feet in size, on average.
- The development is not located in an environmentally sensitive area and does not require the demolition or alteration of certain types of housing, including affordable housing and units occupied by tenants within the past five years.
- The development complies with all other objective requirements imposed by the local agency that do not conflict with the law, including subdivision map act requirements and local inclusionary housing requirements.
- The project is connected to a public water system and municipal sewer system.
Local governments can impose objective requirements on small lot subdivisions, but cannot impose standards that:
- Physically preclude a project being built to densities that allow housing presumed to be affordable to lower-income households (in most cases, 30 units/acre).
- Require a setback between units.
- Require more parking or greater setbacks from the original lot line, as specified.
- Limit the floor-area ratio for these projects to less than specified amounts.
- Apply requirements to these projects on the basis that they are permitted under state law.
Proposed Law:
SB 1123 would make the following changes to small lot subdivision statutes, effective July 1, 2025:
- Expand ministerial approval requirements to proposed developments on lots that are vacant and zoned for single-family residential development.
- Reduces the maximum lot size of lots to be subdivided from 5 acres to 1.5 acres.
- Require newly created parcels to be no smaller than 1,200 square feet if the parcels are zoned for single-family residential use.
- Explicitly authorize units created under these statutes to be part of a tenancy in common or constructed on land owned by a community land trust.
- Authorize a local agency to impose a height limit of no less than the height allowed pursuant to existing zoning designations applicable to the lot.
- Specify that, if a local agency chooses to permit ADUs or Junior ADUs on parcels created through this authority, those units would not count towards the 10-unit maximum.
- Revise the definition of “net habitable square feet” for purposes of determining the size of the units allowed under existing law.
- Specify that a proposed subdivision must not result in any existing dwelling unit from being alienable separate from the title to any other existing dwelling unit on the lot.
Related Legislation:
SB 684 (Caballero), Chap. 783/2023, required a local agency, by July 1, 2024, to ministerially approve subdivision maps for smaller urban developments of 10 or fewer single-family residential units that meet specified requirements, and limited applicability to lots zoned for multifamily use.
Staff Comments:
SB 1123 would make specified changes to statutes enacted last year by SB 684 (Caballero) that require ministerial approval of small lot subdivisions in urban areas. HCD indicates that this bill’s expansion of SB 684 to apply to lots zoned for single-family residential use will result in more workload for the department, but the combined staff time to implement both the requirements of SB 684 and SB 1123 would be the equivalent of 1.0 PY in total at an annual cost of approximately $200,000. It is unclear at this time the amount of staff time directly applicable to implementing the changes in SB 1123, but these costs could exceed $50,000. HCD indicates that the additional workload for this bill would be related to the increased provision of technical assistance to local agencies and project applicants, and may require the issuance of a technical advisory document to educate local officials and developers about the lawful application of these statutes.
-- END --
SENATE COMMITTEE ON LOCAL GOVERNMENT
Senator María Elena Durazo, Chair
2023 - 2024 Regular
Bill No: | SB 1123 | Hearing Date: | 4/17/24 |
Author: | Caballero | Fiscal: | Yes |
Version: | 4/10/24 | Consultant: | Favorini-Csorba |
Planning and zoning: subdivisions: ministerial review
Extends state small lot subdivision law to apply to lots that are vacant and zoned for single-family residential development, and makes additional changes.
Background
Planning and approving new housing is mainly a local responsibility. The California Constitution allows cities and counties to “make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” It is from this fundamental power (commonly called the police power) that cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
Subdivision Map Act. The Subdivision Map Act (Map Act) governs how local officials regulate the division of real property into smaller parcels for sale, lease, or financing. Cities and counties adopt local subdivision ordinances to carry out the Map Act and local requirements. City councils and county boards of supervisors use the Map Act to control a subdivision's design and improvements. Local subdivision approvals must be consistent with city and county general plans.
Under the Map Act, cities and counties can attach scores of conditions. The Map Act allows local officials to require, as a condition of approving a proposed subdivision, the dedication of property within a subdivision for streets, alleys, drainage, utility easements, and other public easements and improvements. Once subdividers comply with those conditions, local officials must issue final maps. For smaller subdivisions that create four or fewer parcels, local officials usually use parcel maps, but they can require tentative parcel maps followed by final parcel maps. The Map Act also constrains the dedications and improvements that local cities and counties can require as a condition of a subdivision of four or fewer lots to only the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created.
Small lot subdivisions. One strategy to reduce the cost of housing is to facilitate the construction of “missing-middle” housing types that accommodate more units per acre, but are not inherently expensive to build. This includes medium-density housing, such as duplexes, fourplexes, garden apartments, town homes, and others. In addition to being land-efficient while being less expensive to build, these housing types offer several benefits, including:
- Climate and environmental benefits because they are infill projects with small unit sizes, resulting in fewer vehicle miles traveled and less intensive energy and water usage by residents than single-family homes on larger lots;
- Potentially lower sales prices because they are smaller and use construction techniques that are less costly than those used for larger structures. Insurance requirements are also lower for small lot developments because each unit is insured separately, rather than through a common interest development. The lower cost of these units can open up areas that lower-income households and people of color have historically been excluded from, and allow those individuals to begin building wealth through property ownership; and
- Expanding the pool of homebuilders, since the construction and financing are comparatively less complicated than they are for larger mid- and high-rise structures. For example, a 2023 report by the Terner Center for Housing Innovation on the City of San Diego’s Accessory Dwelling Unit (ADU) bonus program, which is designed to produce missing middle housing, found , “… smaller scale builders are more likely to be led by women or people of color, which was one of the reasons why the City initially pursued this small-scale infill Program.”
Several cities have sought to encourage the development of smaller “starter homes,” such as town homes and bungalows in single family neighborhoods, as well as in areas zoned for commercial and multifamily development that remain undeveloped or underdeveloped by adopting small lot ordinances to streamline the development process for smaller homes. For example, using its existing authority under the Map Act, the City of Los Angeles allows for the development of small lot subdivisions that relax minimum lot sizes, setbacks, and other requirements to allow small homes to be built on separately saleable lots.
Lot splits and duplexes under SB 9 (Atkins, 2021). Legislators in recent years have sought to simplify the subdivision process for small housing projects to boost the supply of missing middle housing. SB 9 (Atkins, 2021) requires local governments to ministerially approve splits of single-family lots into two parcels and the construction of up to two units on each of the resulting lots, for a maximum of four units. SB 9 included numerous safeguards to ensure the resulting developments were broadly consistent with the overall community design, including that the lot split cannot result in parcels that were smaller than 1,200 square feet. The bill also allowed local governments to impose objective standards so long as they do not physically preclude the construction of four units or conflict with requirements in the law, such as limitations on the amount of parking or setback distances that can be required.
Small lot subdivisions of up to 10 units under SB 684 (Caballero, 2023). To further facilitate missing middle housing, SB 684 (Caballero, 2023) established ministerial approval processes for small lot subdivisions on lots zoned for multi-family use. SB 684 requires cities and counties to ministerially approve the subdivision of a lot into up to 10 parcels—and to ministerially approve housing projects with 10 or fewer total units across those parcels. Local governments are not required to permit accessory dwelling units (ADUs) or SB 9 projects on these lots.
To be eligible, the project must meet a list of conditions, including:
- The lot is no larger than 5 acres and located on an infill site in a city or in an urban area in a county with a population greater than 600,000;
- The resulting parcels are at least 600 square feet in size;
- The units are no larger than 1,750 square feet in size, on average;
- The development is not located in an environmentally sensitive area and does not require the demolition or alteration of specified types of housing, including affordable housing and housing occupied by tenants within the past five years; and
- The development complies with all other objective requirements imposed by the local agency that do not conflict with the law, including subdivision map act requirements and local inclusionary housing requirements; and
- The project is connected to a public water system and municipal sewer system.
Local governments can impose objective requirements on small lot subdivisions, but cannot impose standards that:
- Physically preclude a project being built to densities that allow housing presumed to be affordable to lower-income households (in most cases, 30 units/acre);
- Require a setback between units;
- Require more parking or greater setbacks from the original lot line than SB 9 allows;
- Limit the floor-area ratio for these projects to less than specified amounts; and
- Apply requirements to these projects on the basis that they are permitted under state law.
SB 684 allows local governments to adopt ordinances and becomes effective on July 1, 2024.
When SB 684 was heard in the Senate, it also applied to single-family lots. However, those provisions were removed in the Assembly. The author wants to revisit the single-family exclusion and fix other smaller issues that have arisen since its enactment.
Proposed Law
Senate Bill 1123 extends SB 684’s requirement to ministerially approve small lot subdivisions to apply to lots that are vacant and zoned for single-family residential development. The bill allows a local government to limit the height of a development on a vacant single-family lot to the existing height limit on that lot, and applies a minimum lot size of 1,200 square feet to parcels created under the bill in single-family zones.
SB 1123 also makes changes to all lots eligible for subdivision under SB 684. Specifically, it shrinks the maximum size of the original lot to be subdivided from five acres to 1.5 acres, and it prohibits local governments from imposing frontage requirements on the parcels created under existing law. SB 1123 further provides that if a local government chooses to allow accessory dwelling units (ADUs) or junior ADUs along with the units created as part of a small lot subdivision, those ADUs or junior ADUs do not count towards the 10-unit maximum.
The bill makes technical changes, including to:
- Define “net habitable square feet” for purposes of determining the maximum size of the units allowed under existing law; and
- Explicitly provide that units created pursuant to SB 684 can be a part of a tenancy in common or constructed on land owned by a community land trust.
Comments
1. Purpose of the bill. According to the author, “Last year, I authored SB 684 to expand homeownership opportunities by streamlining the process to subdivide parcels and build modest density infill housing projects. The months following SB 684’s passage, I heard from a number of stakeholders on the ground that are excited to implement the legislation, but shared a number of issues that would help clarify the bill’s intent. SB 1123 incorporates needed clarity to ensure local agencies, developers, and other interested parties understand exactly when and how to use SB 684 in order to eliminate any unnecessary delay or uncertainty and expands the bill’s application to vacant parcels zoned for single family residential development.”
2. The more the merrier? California is a geographically and demographically diverse state, and that is reflected in its 483 cities and 58 counties. Local elected officials are charged by the California Constitution with protecting their citizens’ welfare. One chief way local governments do this is by exercising control over what gets built in their community. Local officials weigh the need for additional housing against the concerns and desires of their constituents. SB 1123 expands SB 684 to apply to vacant, single family lots. In doing so, SB 1123 allows up to 10 units next to a single-family home in an existing neighborhood. Changes to single-family zoning often attract significant attention and engagement from local elected officials and homeowners. They raise concerns that state zoning mandates, such as that contained in SB 1123, override local preferences for the look and feel of their community, and may not sufficiently consider local conditions, such as fire hazards, that necessitate development limitations. Homebuilding advocates and advocates for low-income Californians argue this mandatory expansion is necessary because the vast majority of land in California is zoned for single-family development, and the current exclusion for single-family zones exempts the highest-resource areas of the state from a smaller housing product that is more affordable to Californians lower on the income ladder. Without forays into single-family neighborhoods, the good schools and neighborhood connections afforded to residents in these wealthier areas may continue to be denied to lower-income families and people of color.
In practice, the impacts of SB 1123 may be moderate. Because local governments can limit density to no more than 30 units per acre on small lot subdivisions, only very large single-family lots (larger than 1/3 of an acre, which is nearly double the median lot size in the state) could accommodate the full 10 units permitted by the law. For most lots throughout the state, the maximum would be four to six units. For example, fewer than half the lots in the Los Angeles metropolitan area are large enough to fit five or more units; the majority of the lots in that area would only be large enough to match the number of units that could be built using existing authority under SB 9. Statewide, the median lot size in single-family zones is approximately 8,300 square feet, which would allow up to five units under SB 1123. Accordingly, the inclusion of single-family zones into the state’s small lot subdivision statutes may not generate huge amounts of new housing units. SB 1123 also includes some measures to address concerns that developments permitted under the bill may be out of scale with the surrounding community by allowing local governments to limit development heights in single family zones and increasing the minimum lot size for projects in single-family zones to match SB 9. Does SB 1123 strike the right balance between allowing enhanced density and preserving community character?
3. Big-A affordable vs. little-a affordable. SB 1123, and the existing small lot subdivision authority already in law, grants substantial streamlining benefits to projects of up to 10 units because it eliminates lengthy local processes that can include zoning changes, environmental studies, and discretionary permitting processes—all of which add time, expense, and uncertainty to the development process. Local officials sometimes use these processes to ensure developments provide community benefits or assuage local concerns. In other legislation granting streamlining benefits, the Legislature has often required projects to provide public benefits to ensure that the benefits of legislation are equitably distributed. These public benefits have come in the form of legally requiring some percentage of the homes to be affordable to lower-income residents, paying prevailing wages to the workers on the project, and others. Some advocates argue small lot subdivisions should be required to include some number of units that are restricted to be affordable to lower-income Californians to ensure that the public receives a tangible benefit from streamlining. However, previous streamlining laws have exempted projects of 10 or fewer units from these requirements because the margins on smaller projects do not generate enough profit for developers to be able to offer units at an affordable rate. Additionally, these missing middle projects possess desirable characteristics, such as the lower cost, and environmental and equity benefits, described above. While requiring those public benefits on small lot subdivision projects enabled by this bill might increase certainty that—if the law is used—the public gets some benefit, it also reduces the likelihood that these desirable projects will be built at all.
4. Protections. Renters in California can be in a precarious position—since they don’t own their home, they face the possibility of displacement. Displacement can occur in a myriad of ways, including when a landlord raises rents beyond what a tenant can afford, through demolition of older rental units to allow for new construction on a site, and when rental units are converted to condominiums for sale. However, the state has some protections in place to reduce the likelihood of displacement. The Tenant Protection Act requires a landlord to have a “just cause” to end a lease and limits annual rent increases to no more than five percent plus the rate of inflation, up to a maximum of 10 percent. However, single-family homes can be exempt from some provisions of the Tenant Protection Act. This means that a multifamily development would be subject to its protections, but a small lot subdivision development through the use of SB 684 and this bill on the same site could be exempt. Additionally, the law is currently unclear on whether the small lot subdivision provisions of SB 684 and this bill could be used to split an existing multifamily housing project into condominiums—opening them up to sale—without constructing any new units. To reduce the potential for displacement of renters, the Committee may wish to consider amending SB 1123 to do one or both of the following:
- Ensure the Tenant Protection Act applies to units built using SB 684 on multifamily lots; and
- Clarify SB 684 does not apply to condominium conversions of existing buildings.
5. Timing is everything. SB 684 delayed its effective date to July 1, 2024, to give local governments sufficient time to adopt small lot subdivision ordinances that implement the law. SB 1123 proposes significant changes to that law, which, if enacted, would become effective just six months after the previous law went into effect, providing local governments with very little time to conform to the change in state law. The Committee may wish to consider amending SB 1123 to delay the effective date of SB 1123’s provisions to July 1, 2025, to ensure local governments have sufficient time to modify their small lot subdivision ordinances.
6. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because SB 1123 imposes new duties on local officials, Legislative Counsel says that it imposes a new state mandate. SB 1123 disclaims the state's responsibility for providing reimbursement by citing local governments’ authority to charge for the costs of implementing the bill’s provisions.
7. Incoming! The Senate Rules Committee has ordered a double-referral of SB 1123: first to the Committee on Housing, which approved the bill at its April 2nd meeting on a vote of 8-0; and second to the Committee on Local Government.
Support and Opposition
(4/12/24)
Support: California Community Builders (Co-Sponsor)
California Yimby (Co-Sponsor)
Central Valley Urban Institute (Co-Sponsor)
Lisc San Diego (Co-Sponsor)
Buildcasa
California Building Industry Association (CBIA)
California Chamber of Commerce
California Community Economic Development Association (CCEDA)
Circulate San Diego
Fieldstead and Company, INC.
Habitat for Humanity California
Housing Action Coalition
Housing Trust Silicon Valley
Monterey Bay Economic Partnership
Spur
Yimby Action
Opposition: None submitted.
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SENATE COMMITTEE ON HOUSING
Senator Nancy Skinner, Chair
2023 - 2024 Regular
Bill No: SB 1123 Hearing Date: 4/2/2024
Author: | Caballero | ||
Version: | 4/1/2024 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Planning and zoning: subdivisions: tenancy in common
DIGEST: This bill makes changes to the Starter Home Revitalization Act, which requires local agencies to ministerially approve subdivision maps for specified projects in urban areas that include 10 or fewer housing units.
ANALYSIS:
Existing law, pursuant to the Starter Home Revitalization Act:
- Requires a local government to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets, among others, the following requirements:
- The proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer units.
- The proposed development is located on a lot that meets all of the following sets of requirements:
- The lot is zoned for multifamily residential development.
- The lot is no larger than five acres and substantially surrounded by qualified urban uses, as defined.
- The parcels created will be no smaller than 600 square feet, unless allowed by the local government.
- The housing units on the lot proposed to be subdivided are one of the following:
- Constructed on fee simple ownership lots.
- Part of a common interest development.
- Part of a housing cooperative, as defined in Section 817 of the Civil Code.
- Owned by a community land trust.
- The average total area of floorspace of the proposed units does not exceed 1,750 net habitable square feet.
- Provides that a housing development project on a proposed site to be subdivided does not have to comply with any a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size.
- Requires a local agency to ministerially consider an application for a project that meets the specified requirements of the Starter Home Revitalization Act.
- Requires a local agency to approve or deny an application for a parcel map or a tentative map, or a development application, for a housing development project submitted to a local agency within 60 days from the date the local agency receives a completed application, as specified.
- Allows a local agency to deny an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) on parcels created pursuant to the Starter Home Revitalization Act.
- Delays the operative date of the Starter Home Revitalization Act to July 1, 2024.
This bill:
- Defines “net habitable square feet” as the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and a half feet, including working, living, eating, cooking, sleeping, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
- Provides that a housing development project on a proposed site to be subdivided shall not be required to comply with minimum frontage requirements.
- Allows for housing units that are subdivided to part of a tenancy in common.
- Clarifies that if a local agency chooses to permit ADUs or JADUs, the units shall not count towards the 10 unit cap.
- Authorizes a lot to be subdivided to take place on a vacant parcel in a single-family zone. A local agency may impose a height limit of no less than the height allowed under the existing zoning designation applicable to the lot.
COMMENTS:
- Author’s statement. “Last year, I authored SB 684 to expand homeownership opportunities by streamlining the process to subdivide parcels and build modest density infill housing projects. The months following SB 684’s passage, I heard from a number of stakeholders on the ground that are excited to implement the legislation, but shared a number of issues that would help clarify the bill’s intent. SB 1123 incorporates needed clarity to ensure local agencies, developers, and other interested parties understand exactly when and how to use SB 684 in order to eliminate any unnecessary delay or uncertainty.”
- Modest density increases. California’s high — and rising — land costs necessitate dense housing construction for a project to be financially viable and for the housing to ultimately be affordable to lower-income households. Yet, recent trends in California show that new housing has not commensurately increased in density. In a 2016 analysis, the Legislative Analyst’s Office (LAO) found that the housing density of a typical neighborhood in California’s coastal metropolitan areas increased only by 4% during the 2000s. In addition, the pattern of development in California has changed in ways that limit new housing opportunities. A 2016 analysis by BuildZoom found that new development has shifted from moderate-, but widespread, density to pockets of high-density housing near downtown cores surrounded by vast swaths of low-density single-family housing. Specifically, construction of moderately-dense housing (i.e., 2 to 49 units) in California peaked in the 1960s and 1970s and has slowed in recent decades.
A 2019 Zillow report found that even modest densification, such as duplexes and fourplexes could result in millions more homes. Across 17 metro areas analyzed nationwide, allowing 10% of single-family lots to house two units instead of one could yield almost 3.3 million additional housing units to the existing housing stock. In the L.A. region, if one in five single-family lots were re-zoned to hold two homes, the local housing stock could be boosted by 775,000 homes.
- Creating more missing middle housing types. Another method of lowering the cost of housing is to facilitate the construction of “missing middle” housing types that generate more units per acre, such as town homes, duplexes, and fourplexes. Several cities have sought to encourage the development of smaller “starter homes,” such as town homes and bungalows in single-family neighborhoods, as well as in areas zoned for commercial and multifamily development that remain undeveloped or underdeveloped by adopting small lot ordinances that streamline the development process for smaller homes. For example, using its existing authority under the Subdivision Map Act, the City of Los Angeles allows for the development of small lot subdivisions that relax minimum lot sizes, setbacks, and other requirements to allow for the creation of small homes on separately saleable lots.
AB 803 (Boerner-Horvath, Chapter 154, Statutes of 2021) incentivized the construction of modestly dense homes designed for ownership at more affordable prices than neighboring single-family homes. It did this by removing the ability for local agencies to impose setback requirements between units and minimum lot sizes, and reducing parking requirements. It also precludes a local agency from requiring a small home lot development to be within a homeowners association. This is likely due to the fact that homeownership dues can significantly add to the cost of ownership.
- Ministerial subdivisions for smaller projects. Last year, the legislature passed and the Governor signed SB 684 (Caballero, Chapter 783, Statutes of 2023), which streamlined small lot subdivisions to help promote their development. It would require local governments to ministerially approve a parcel map or tentative and final map and projects with 10 or fewer units on sites zoned multifamily and no larger than five acres and substantially surrounded by qualified urban uses. Projects should meet minimum density requirements, as established in the housing element for that parcel, and comply with existing setback and height requirements. Units can be no greater than 1,750 net habitable square feet. The project must also comply with any local inclusionary requirements. If the project receives a tentative or parcel map pursuant to this bill, the local agency must issue the building permit based on the approved map under specified circumstances.
- Application to single-family zones. SB 634 (Caballero) applied in both single family and multifamily neighborhoods until the application to single-family zones was removed in the Assembly Appropriations Committee. This bill would reinstate the application to single-family zones but only to vacant parcels. Additionally, this bill would provide that the height limits for those zones shall apply to the projects authorized by this bill.
- Implementation issues. As noted by the author, practitioners have pointed out ambiguities in the law signed last year. Specifically, the bill would clarify how net habitable space is defined with regards to size limits of the units, allows for units that are part of a tenancy in common to be permitted, prohibits minimum frontage requirements beyond 600 square feet as authorized by the prior bill, and provides that a local government chooses to permit ADUs or JADUs, the units shall not count towards the 10 unit cap.
- Double-referral. This bill was also referred to the Local Government Committee.
Related Legislation:
SB 684 (Caballero, Chapter 783, Statutes of 2023) — required local agencies to ministerially approve subdivision maps for specified projects in urban areas that include 10 or fewer housing units.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
March 27, 2024.)
SUPPORT:
California Building Industry Association (CBIA)
California Chamber of Commerce
California Community Builders
California YIMBY
Circulate San Diego
Housing Action Coalition
Monterey Bay Economic Partnership
SPUR
YIMBY Action
OPPOSITION:
None received.
-- END --
Discussed in Hearing
2MIN
Senate Floor
1MIN
Assembly Floor
16SEC
Assembly Standing Committee on Appropriations
12MIN
Assembly Standing Committee on Local Government
13MIN
Assembly Standing Committee on Housing and Community Development
3MIN
Senate Floor
12MIN
Senate Standing Committee on Local Government
9MIN
Senate Standing Committee on Housing
Bill Author
Bill Co-Author(s):