Section 714.9 is added to the Civil Code, to read:
(a) Any covenant, condition, restriction, or other provision contained in any deed, declaration, contract, security instrument, or other instrument affecting the use of real property shall be void and unenforceable if it prohibits or would physically preclude the development of a housing development project that is permitted pursuant to Section 65852.28 or 66499.41 of the Government Code.
(b) A covenant, condition, or restriction shall not be deemed to prohibit or physically preclude a housing development project solely because it imposes objective design standards, objective use restrictions, or requirements relating to public health and safety, provided that those standards or requirements are uniformly applied, do not conflict with Section 65852.28 or 66499.41 of the Government Code, and do not physically preclude the development of the housing project permitted by those sections.
(c) This section shall operate solely to render unenforceable those covenants or restrictions described in subdivision (a) and shall not be construed to authorize any development that is not otherwise permitted by applicable state or local law, or to alter the manner in which any person or entity reviews or approves a development, except to the extent that a covenant or restriction is rendered unenforceable under this section.
(d) Any provision of a governing document or other instrument that is inconsistent with this section is void and unenforceable.
(e) This section does not apply to real property that is part of a common interest development, as defined in Section 4100.
Section 65400 of the Government Code is amended to read:
(a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2) Provide by April 1 of each year an annual report to the legislative body, the Office of Land Use and Climate Innovation, and the Department of Housing and Community Development that includes all of the following:
(A) The status of the plan and progress in its implementation.
(B) (i) (I) The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for extremely low income households, as determined pursuant to Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
(II) The annual report shall include the progress in meeting the city’s or county’s progress in meeting its share of regional housing need, as described in subclause (I), for the sixth and previous revisions of the housing element.
(ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
(iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision.
(iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915.
(v) The report may include the number of units of existing deed-restricted affordable housing with an average affordability no greater than 45 percent of area median income that are at least 15 years old and have been substantially rehabilitated with at least sixty thousand dollars ($60,000) per unit in funds awarded from the city or, for unincorporated areas, the county, inclusive of forgiveness of principal or interest on existing debt. Any units included in the report pursuant to this clause shall not be considered when determining affordability requirements for purposes of paragraph (4) of subdivision (a) of Section 65913.4.
(C) The number of housing development applications received in the prior year, including both of the following, when applicable:
(i) Whether each housing development application is subject to a ministerial or discretionary approval process.
(ii) Beginning with the report due by April 1, 2027, whether each application is subject to a replacement housing or relocation assistance obligation pursuant to local, state, or federal law, including, but not limited to, Section 65583.2, 65915, or 66300.6.
(D) The number of units included in all development applications in the prior year.
(E) (i) The number of units approved and disapproved in the prior year, which shall include all of the following subcategories:
(I) The number of units located within an opportunity area.
(II) For the seventh and each subsequent revision of the housing element, the number of units approved and disapproved for acutely low income households within each opportunity area.
(III) For the seventh and each subsequent revision of the housing element, the number of units approved and disapproved for extremely low income households within each opportunity area.
(IV) The number of units approved and disapproved for very low income households within each opportunity area.
(V) The number of units approved and disapproved for lower income households within each opportunity area.
(VI) The number of units approved and disapproved for moderate-income households within each opportunity area.
(VII) The number of units approved and disapproved for above moderate-income households within each opportunity area.
(ii) For purposes of this subparagraph, “opportunity area” means a highest, high, moderate, or low resource area pursuant to the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development.
(F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) (i) The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following:
(I) For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category.
(II) For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’s parcel number, but may also include street address, or other identifiers.
(III) Beginning with the report due by April 1, 2027, for each entitlement, building permit, or certificate of occupancy, include the total number of replacement housing units by income level required pursuant to local, state, or federal law, including, but not limited to, Section 65583.2, 65915, or 66300.6.
(IV) Beginning with the report due by April 1, 2027, for each entitlement, building permit, or certificate of occupancy, include the number, by income level, of replacement housing units entitled, permitted, or issued a certificate of occupancy.
(ii) For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
(I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
(J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L) The following information with respect to density bonuses granted in accordance with Section 65915:
(i) The number of density bonus applications received by the city or county.
(ii) The number of density bonus applications approved by the city or county.
(iii) Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i) The location of the project.
(ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
(iii) The number of units in the project.
(iv) The number of units in the project that are rental housing.
(v) The number of units in the project that are for-sale housing.
(vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(N) A list of all historic designations listed on the National Register of Historic Places, the California Register of Historical Resources, or a local register of historic places by the city or county in the past year, and the status of any housing development projects proposed for the new historic designations, including all of the following:
(i) Whether the housing development project has been entitled.
(ii) Whether a building permit has been issued for the housing development project.
(iii) The number of units in the housing development project.
(O) The following information with respect to housing development projects under Section 65913.16:
(i) The number of applications submitted under Section 65913.16.
(ii) The location and number of developments approved under Section 65913.16.
(iii) The total number of building permits issued pursuant to Section 65913.16.
(iv) The total number of units constructed under Section 65913.16 and the income category of those units.
(P) Beginning with the report due by April 1, 2027, a report on the demolition of housing units for any purpose, which shall include, but not be limited to, all of the following:
(i) The total number of housing units approved for demolition during the year.
(ii) The total number of housing units demolished during the year.
(iii) For each approved or completed demolition, all of the following:
(I) The location of the approved or completed demolition, using a unique site identifier that shall include the assessor’s parcel number, and may also include the street address or other identifiers.
(II) The date the demolition was approved.
(III) The total number of rental and ownership units demolished or approved for demolition.
(IV) The number, by income level, of protected units, as defined in subdivision (h) of Section 66300.5, demolished or approved for demolition.
(V) A description of any approved uses on the site.
(VI) A description of any relocation assistance provided as required pursuant to local, state, or federal law, including, but not limited to, the relocation assistance required to be provided to each displaced occupant of any demolished protected unit pursuant to Section 66300.6.
(Q) Beginning with the report due by April 1, 2027, a report on replacement housing units required pursuant to local, state, or federal law, including, but not limited to, Section 66300.6, for approved development projects that are not housing development projects, which shall include, for each applicable development project, all of the following:
(i) The approved or proposed location of the replacement units, using a unique site identifier that shall include the assessor’s parcel number, and may also include the street address or other identifiers.
(ii) The entity that is developing the replacement units.
(iii) The anticipated completion date of the replacement units.
(R) Beginning with the report due by April 1, 2028, the following information with respect to housing development projects under Sections 65852.28 and 66499.41:
(i) The number of applications submitted under Sections 65852.28 and 66499.41.
(ii) The location and number of developments approved or denied under Sections 65852.28 and 66499.41.
(iii) The total number of building permits issued pursuant to Sections 65852.28 and 66499.41.
(iv) The total number of units constructed under Sections 65852.28 and 66499.41 and the income category of those units.
(S) The status of a development of land disposed pursuant to Section 54222.3.1, including, but not limited to, all of the following information:
(i) The total square footage of the residential and nonresidential development.
(ii) The total square footage of low barrier navigation centers.
(iii) The number of residential units and beds that have been permitted.
(iv) The percentage of the residential units that have been permitted that are restricted for persons and families of low or moderate income, or lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(T) The information each county and city is required to include in its central inventory of surplus land and report to the department pursuant to Section 54230.
(U) Any city or county that identifies sites that contain permanent housing units located on a military base undergoing closure or conversation as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base, as an adequate site pursuant to Section 65583.1 shall address progress in meeting that section.
(V) Information related to the adequate sites program alternative as required and pursuant to the scheduled specified in paragraph (7) of subdivision (c) of Section 65583.1.
(W) A listing of sites owned by the city or county included in the inventory prepared pursuant to Section 65583.2 that have been sold, leased, or otherwise disposed of in the prior year. The list shall include the entity to whom each site was transferred and the intended use for the site.
(X) The number of housing units approved within a zone that comply with the criteria in subdivision (c) of Section 65623 during the previous fiscal year.
(Y) The number of units constructed pursuant to Section 65852.21.
(Z) The number of sites developed and the number of units constructed pursuant to Section 65852.24.
(AA) The number of applications for parcel maps for urban lot splits pursuant to Section 66411.7.
(b) (1) (A) The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B) If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing.
(2) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.
(d) The remaining portion of the annual report not required by subparagraph (B) of paragraph (2) of subdivision (a), shall be prepared through the use of standards, forms, and definitions adopted by the Office of Land Use and Climate Innovation. The office may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
Section 65400 of the Government Code is amended to read:
(a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2) Provide by April 1 of each year an annual report to the legislative body, the Office of Land Use and Climate Innovation, and the Department of Housing and Community Development that includes all of the following:
(A) The status of the plan and progress in its implementation.
(B) (i) (I) The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for extremely low income households, as determined pursuant to Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
(II) The annual report shall include the progress in meeting the city’s or county’s progress in meeting its share of regional housing need, as described in subclause (I), for the sixth and previous revisions of the housing element.
(ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
(iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision.
(iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915.
(v) The report may include the number of units of existing deed-restricted affordable housing with an average affordability no greater than 45 percent of area median income that are at least 15 years old and have been substantially rehabilitated with at least sixty thousand dollars ($60,000) per unit in funds awarded from the city or, for unincorporated areas, the county, inclusive of forgiveness of principal or interest on existing debt. Any units included in the report pursuant to this clause shall not be considered when determining affordability requirements for purposes of paragraph (4) of subdivision (a) of Section 65913.4.
(vi) For the seventh and each subsequent revision of the housing element, if congregate housing for the elderly, as defined in Section 50062.5 of the Health and Safety Code, or residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, is included in the regional housing need determination pursuant to Section 65584, the planning agency may include the number of units approved for up to 15 percent of a jurisdiction’s regional housing need allocation for any income category.
(C) The number of housing development applications received in the prior year, including both of the following, when applicable:
(i) Whether each housing development application is subject to a ministerial or discretionary approval process.
(ii) Beginning with the report due by April 1, 2027, whether each application is subject to a replacement housing or relocation assistance obligation pursuant to local, state, or federal law, including, but not limited to, Section 65583.2, 65915, or 66300.6.
(D) The number of units included in all development applications in the prior year.
(E) (i) The number of units approved and disapproved in the prior year, which shall include all of the following subcategories:
(I) The number of units located within an opportunity area.
(II) For the seventh and each subsequent revision of the housing element, the number of units approved and disapproved for acutely low income households within each opportunity area.
(III) For the seventh and each subsequent revision of the housing element, the number of units approved and disapproved for extremely low income households within each opportunity area.
(IV) The number of units approved and disapproved for very low income households within each opportunity area.
(V) The number of units approved and disapproved for lower income households within each opportunity area.
(VI) The number of units approved and disapproved for moderate-income households within each opportunity area.
(VII) The number of units approved and disapproved for above moderate-income households within each opportunity area.
(ii) For purposes of this subparagraph, “opportunity area” means a highest, high, moderate, or low resource area pursuant to the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development.
(F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) (i) The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following:
(I) For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category.
(II) For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’s parcel number, but may also include street address, or other identifiers.
(III) Beginning with the report due by April 1, 2027, for each entitlement, building permit, or certificate of occupancy, include the total number of replacement housing units by income level required pursuant to local, state, or federal law, including, but not limited to, Section 65583.2, 65915, or 66300.6.
(IV) Beginning with the report due by April 1, 2027, for each entitlement, building permit, or certificate of occupancy, include the number, by income level, of replacement housing units entitled, permitted, or issued a certificate of occupancy.
(ii) For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
(I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
(J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L) The following information with respect to density bonuses granted in accordance with Section 65915:
(i) The number of density bonus applications received by the city or county.
(ii) The number of density bonus applications approved by the city or county.
(iii) Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i) The location of the project.
(ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
(iii) The number of units in the project.
(iv) The number of units in the project that are rental housing.
(v) The number of units in the project that are for-sale housing.
(vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(N) A list of all historic designations listed on the National Register of Historic Places, the California Register of Historical Resources, or a local register of historic places by the city or county in the past year, and the status of any housing development projects proposed for the new historic designations, including all of the following:
(i) Whether the housing development project has been entitled.
(ii) Whether a building permit has been issued for the housing development project.
(iii) The number of units in the housing development project.
(O) The following information with respect to housing development projects under Section 65913.16:
(i) The number of applications submitted under Section 65913.16.
(ii) The location and number of developments approved under Section 65913.16.
(iii) The total number of building permits issued pursuant to Section 65913.16.
(iv) The total number of units constructed under Section 65913.16 and the income category of those units.
(P) Beginning with the report due by April 1, 2027, a report on the demolition of housing units for any purpose, which shall include, but not be limited to, all of the following:
(i) The total number of housing units approved for demolition during the year.
(ii) The total number of housing units demolished during the year.
(iii) For each approved or completed demolition, all of the following:
(I) The location of the approved or completed demolition, using a unique site identifier that shall include the assessor’s parcel number, and may also include the street address or other identifiers.
(II) The date the demolition was approved.
(III) The total number of rental and ownership units demolished or approved for demolition.
(IV) The number, by income level, of protected units, as defined in subdivision (h) of Section 66300.5, demolished or approved for demolition.
(V) A description of any approved uses on the site.
(VI) A description of any relocation assistance provided as required pursuant to local, state, or federal law, including, but not limited to, the relocation assistance required to be provided to each displaced occupant of any demolished protected unit pursuant to Section 66300.6.
(Q) Beginning with the report due by April 1, 2027, a report on replacement housing units required pursuant to local, state, or federal law, including, but not limited to, Section 66300.6, for approved development projects that are not housing development projects, which shall include, for each applicable development project, all of the following:
(i) The approved or proposed location of the replacement units, using a unique site identifier that shall include the assessor’s parcel number, and may also include the street address or other identifiers.
(ii) The entity that is developing the replacement units.
(iii) The anticipated completion date of the replacement units.
(R) Beginning with the report due by April 1, 2028, the following information with respect to housing development projects under Sections 65852.28 and 66499.41:
(i) The number of applications submitted under Sections 65852.28 and 66499.41.
(ii) The location and number of developments approved or denied under Sections 65852.28 and 66499.41.
(iii) The total number of building permits issued pursuant to Sections 65852.28 and 66499.41.
(iv) The total number of units constructed under Sections 65852.28 and 66499.41 and the income category of those units.
(S) The status of a development of land disposed pursuant to Section 54222.3.1, including, but not limited to, all of the following information:
(i) The total square footage of the residential and nonresidential development.
(ii) The total square footage of low barrier navigation centers.
(iii) The number of residential units and beds that have been permitted.
(iv) The percentage of the residential units that have been permitted that are restricted for persons and families of low or moderate income, or lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(T) The information each county and city is required to include in its central inventory of surplus land and report to the department pursuant to Section 54230.
(U) Any city or county that identifies sites that contain permanent housing units located on a military base undergoing closure or conversation as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base, as an adequate site pursuant to Section 65583.1 shall address progress in meeting that section.
(V) Information related to the adequate sites program alternative as required and pursuant to the scheduled specified in paragraph (7) of subdivision (c) of Section 65583.1.
(W) A listing of sites owned by the city or county included in the inventory prepared pursuant to Section 65583.2 that have been sold, leased, or otherwise disposed of in the prior year. The list shall include the entity to whom each site was transferred and the intended use for the site.
(X) The number of housing units approved within a zone that comply with the criteria in subdivision (c) of Section 65623 during the previous fiscal year.
(Y) The number of units constructed pursuant to Section 65852.21.
(Z) The number of sites developed and the number of units constructed pursuant to Section 65852.24.
(AA) The number of applications for parcel maps for urban lot splits pursuant to Section 66411.7.
(b) (1) (A) The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B) If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing.
(2) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.
(d) The remaining portion of the annual report not required by subparagraph (B) of paragraph (2) of subdivision (a), shall be prepared through the use of standards, forms, and definitions adopted by the Office of Land Use and Climate Innovation. The office may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
Section 65852.28 of the Government Code is amended to read:
(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 that includes at least as many units as the maximum number of parcels that may be subdivided on the lot pursuant to paragraph (3) of subdivision (a) of Section 66499.41.
(ii) Physically precludes a development pursuant to this section from including additional units or floor area where permitted by any objective zoning standards, objective subdivision standards, and objective design standards that uniformly apply to development within the underlying zone.
(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.(iii) 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 subparagraphthis (B) of paragraph (3) of subdivision (c) of Section 65583.2.paragraph.
(ii)(iv) Notwithstanding clause (i),(i) or (ii), 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. Height limits shall apply exclusively to the physical height of the building and shall not restrict the number of floors.
(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 a front setback from the original lot line greater than 10 feet or internal setbacks between the newly created parcels, except as required in the California Building Standards Code (Title 24 of the California Code of Regulations).
(F)(G) Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(H) (i) For a housing development project consisting of three to seven units, inclusive, imposeImposes a floor area ratio standard that is less than 1.0.1.25.
(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 be interpreted liberally in favor of producing the maximum number of total housing units.
(f)(g) This section shall become operative on July 1, 2024.
(g)(h) (1) The amendments made to this section by the act adding this subdivisionparagraph shall become operative on July 1, 2025.
(2) The amendments made to this section by the act adding this paragraph shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
Section 65852.28 of the Government Code is amended to read:
(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 that includes at least as many units as the maximum number of parcels that may be subdivided on the lot pursuant to paragraph (3) of subdivision (a) of Section 66499.41.
(ii) Physically precludes a development pursuant to this section from including additional units or floor area where permitted by any objective zoning standards, objective subdivision standards, and objective design standards that uniformly apply to development within the underlying zone.
(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.(iii) 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 subparagraphthis (B) of paragraph (3) of subdivision (c) of Section 65583.2.paragraph.
(ii)(iv) Notwithstanding clause (i),(i) or (ii), 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. Height limits shall apply exclusively to the physical height of the building and shall not restrict the number of floors.
(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 a front setback from the original lot line greater than 10 feet or internal setbacks between the newly created parcels, except as required in the California Building Standards Code (Title 24 of the California Code of Regulations).
(F)(G) Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(H) (i) For a housing development project consisting of three to seven units, inclusive, imposeImposes a floor area ratio standard that is less than 1.0.1.25.
(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.
(3) (A) An application for a housing development project submitted pursuant to this section shall be eligible for concurrent processing with an application for a parcel map or a tentative and final map for a housing development project submitted pursuant to Section 66499.41.
(B) (i) A local agency may condition the issuance of a building permit, grading permit, or certificate of occupancy upon the applicant first obtaining approval and recording a parcel map or a tentative and final map for a housing development project pursuant to Section 66499.41.
(ii) A local agency may deem a building permit or other postentitlement permit application incomplete and require revisions to the building permit or other postentitlement permit in response to any comments from the local agency or other reviewing agencies regarding the parcel map’s or tentative and final map’s compliance with applicable state or local development and building standards.
(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 be interpreted liberally in favor of producing the maximum number of total housing units.
(f)(g) This section shall become operative on July 1, 2024.
(g)(h) (1) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
(2) The amendments made to this section by the act adding this paragraph shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
Section 65852.28 of the Government Code is amended to read:
(a) AExcept as provided in subdivision (i), 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 that includes at least as many units as the maximum number of parcels that may be subdivided on the lot pursuant to paragraph (3) of subdivision (a) of Section 66499.41.
(ii) Physically precludes a development pursuant to this section from including additional units or floor area where permitted by any objective zoning standards, objective subdivision standards, and objective design standards that uniformly apply to development within the underlying zone.
(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.(iii) 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 subparagraphthis (B) of paragraph (3) of subdivision (c) of Section 65583.2.paragraph.
(ii)(iv) Notwithstanding clause (i),(i) or (ii), 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. Height limits shall apply exclusively to the physical height of the building and shall not restrict the number of floors.
(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 a front setback from the original lot line greater than 10 feet or internal setbacks between the newly created parcels, except as required in the California Building Standards Code (Title 24 of the California Code of Regulations).
(F)(G) Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(H) (i) For a housing development project consisting of three to seven units, inclusive, imposeImposes a floor area ratio standard that is less than 1.0.1.25.
(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 be interpreted liberally in favor of producing the maximum number of total housing units.
(f)(g) This section shall become operative on July 1, 2024.
(g)(h) (1) The amendments made to this section by the act adding this subdivisionparagraph shall become operative on July 1, 2025.
(2) The amendments made to this section by the act adding this paragraph shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
(i) (1) Notwithstanding subdivision (a), this section shall not apply to a housing development project that is located in ZIP Code 91001 or 91003 if the application is submitted on or after October 1, 2026.
(2) This subdivision shall not apply to either of the following:
(A) A proposed housing development for which a development application or preliminary application was submitted before October 1, 2026, if all of the following conditions are met:
(i) The applicant submits an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5 within 180 days after October 1, 2026.
(ii) If the public agency determines that the application for the development project submitted pursuant to clause (i) is not complete, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the application shall expire and have no further force or effect.
(iii) A public agency shall not take any action that would preclude or impair a development proponent that submitted an application before October 1, 2026, from submitting an application pursuant to this subparagraph. For the purposes of this subdivision, an application will be deemed to have been submitted if the applicant submitted the application in writing.
(B) A proposed housing development that meets all of the following criteria:
(i) One hundred percent of the units have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(ii) The units shall be subject to a recorded deed restriction for a period of at least 55 years for rental units and at least 45 years for owner-occupied units.
(iii) The development proponent is an entity that is at least one of the following:
(I) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(II) A qualified nonprofit corporation, as described in Section 214.15 of the Revenue and Taxation Code.
(III) A nonprofit housing sponsor or nonprofit corporation, as described in Section 50091 of the Health and Safety Code, whose primary purpose is the development, ownership, or operation of affordable rental housing.
(j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
Section 65852.28 is added to the Government Code, to read:
(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 that includes at least as many units as the maximum number of parcels that may be subdivided on the lot pursuant to paragraph (3) of subdivision (a) of Section 66499.41.
(ii) Physically precludes a development pursuant to this section from including additional units or floor area where permitted by any objective zoning standards, objective subdivision standards, and objective design standards that uniformly apply to development within the underlying zone.
(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.(iii) 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 subparagraphthis (B) of paragraph (3) of subdivision (c) of Section 65583.2.paragraph.
(ii)(iv) Notwithstanding clause (i),(i) or (ii), 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. Height limits shall apply exclusively to the physical height of the building and shall not restrict the number of floors.
(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 a front setback from the original lot line greater than 10 feet or internal setbacks between the newly created parcels, except as required in the California Building Standards Code (Title 24 of the California Code of Regulations).
(F)(G) Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(H) (i) For a housing development project consisting of three to seven units, inclusive, imposeImposes a floor area ratio standard that is less than 1.0.1.25.
(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 be interpreted liberally in favor of producing the maximum number of total housing units.
(f)(g) This(1) The amendments made to this section by the act adding this paragraph shall become operative on July 1, 2024.2025.
(g)(2) The amendments made to this section by the act adding this subdivisionparagraph shall become operative on JulyJanuary 1, 2025.2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
(h) This section shall become operative on January 1, 2030.
Section 65852.28 of the Government Code is amended to read:
(a) AExcept as provided in subdivision (h), 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 that includes at least as many units as the maximum number of parcels that may be subdivided on the lot pursuant to paragraph (3) of subdivision (a) of Section 66499.41.
(ii) Physically precludes a development pursuant to this section from including additional units or floor area where permitted by any objective zoning standards, objective subdivision standards, and objective design standards that uniformly apply to development within the underlying zone.
(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.(iii) 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 subparagraphthis (B) of paragraph (3) of subdivision (c) of Section 65583.2.paragraph.
(ii)(iv) Notwithstanding clause (i),(i) or (ii), 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. Height limits shall apply exclusively to the physical height of the building and shall not restrict the number of floors.
(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 a front setback from the original lot line greater than 10 feet or internal setbacks between the newly created parcels, except as required in the California Building Standards Code (Title 24 of the California Code of Regulations).
(F)(G) Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(H) (i) For a housing development project consisting of three to seven units, inclusive, imposeImposes a floor area ratio standard that is less than 1.0.1.25.
(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.
(3) (A) An application for a housing development project submitted pursuant to this section shall be eligible for concurrent processing with an application for a parcel map or a tentative and final map for a housing development project submitted pursuant to Section 66499.41.
(B) (i) A local agency may condition the issuance of a building permit, grading permit, or certificate of occupancy upon the applicant first obtaining approval and recording a parcel map or a tentative and final map for a housing development project pursuant to Section 66499.41.
(ii) A local agency may deem a building permit or other postentitlement permit application incomplete and require revisions to the building permit or other postentitlement permit in response to any comments from the local agency or other reviewing agencies regarding the parcel map’s or tentative and final map’s compliance with applicable state or local development and building standards.
(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 be interpreted liberally in favor of producing the maximum number of total housing units.
(f)(g) This section shall become operative on July 1, 2024.
(h) (1) Notwithstanding subdivision (a), this section shall not apply to a housing development project that is located in ZIP Code 91001 or 91003 if the application is submitted on or after October 1, 2026.
(2) This subdivision shall not apply to either of the following:
(A) A proposed housing development for which a development application or preliminary application was submitted before October 1, 2026, if all of the following conditions are met:
(i) The applicant submits an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5 within 180 days after October 1, 2026.
(ii) If the public agency determines that the application for the development project submitted pursuant to clause (i) is not complete, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the application shall expire and have no further force or effect.
(iii) A public agency shall not take any action that would preclude or impair a development proponent that submitted an application before October 1, 2026, from submitting an application pursuant to this subparagraph. For the purposes of this subdivision, an application will be deemed to have been submitted if the applicant submitted the application in writing.
(B) A proposed housing development that meets all of the following criteria:
(i) One hundred percent of the units have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(ii) The units shall be subject to a recorded deed restriction for a period of at least 55 years for rental units and at least 45 years for owner-occupied units.
(iii) The development proponent is an entity that is at least one of the following:
(I) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(II) A qualified nonprofit corporation, as described in Section 214.15 of the Revenue and Taxation Code.
(III) A nonprofit housing sponsor or nonprofit corporation, as described in Section 50091 of the Health and Safety Code, whose primary purpose is the development, ownership, or operation of affordable rental housing.
(g)(i) (1) The amendments made to this section by the act adding this subdivisionparagraph shall become operative on July 1, 2025.
(2) The amendments made to this section by the act adding this paragraph shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
(j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
Section 65852.28 is added to the Government Code, to read:
(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 that includes at least as many units as the maximum number of parcels that may be subdivided on the lot pursuant to paragraph (3) of subdivision (a) of Section 66499.41.
(ii) Physically precludes a development pursuant to this section from including additional units or floor area where permitted by any objective zoning standards, objective subdivision standards, and objective design standards that uniformly apply to development within the underlying zone.
(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.(iii) 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 subparagraphthis (B) of paragraph (3) of subdivision (c) of Section 65583.2.paragraph.
(ii)(iv) Notwithstanding clause (i),(i) or (ii), 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. Height limits shall apply exclusively to the physical height of the building and shall not restrict the number of floors.
(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 a front setback from the original lot line greater than 10 feet or internal setbacks between the newly created parcels, except as required in the California Building Standards Code (Title 24 of the California Code of Regulations).
(F)(G) Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
(G)(H) (i) For a housing development project consisting of three to seven units, inclusive, imposeImposes a floor area ratio standard that is less than 1.0.1.25.
(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.
(3) (A) An application for a housing development project submitted pursuant to this section shall be eligible for concurrent processing with an application for a parcel map or a tentative and final map for a housing development project submitted pursuant to Section 66499.41.
(B) (i) A local agency may condition the issuance of a building permit, grading permit, or certificate of occupancy upon the applicant first obtaining approval and recording a parcel map or a tentative and final map for a housing development project pursuant to Section 66499.41.
(ii) A local agency may deem a building permit or other postentitlement permit application incomplete and require revisions to the building permit or other postentitlement permit in response to any comments from the local agency or other reviewing agencies regarding the parcel map’s or tentative and final map’s compliance with applicable state or local development and building standards.
(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 be interpreted liberally in favor of producing the maximum number of total housing units.
(f)(g) This section shall become operative on July 1, 2024.
(h) (1) Notwithstanding subdivision (a), this section shall not apply to a housing development project that is located in ZIP Code 91001 or 91003 if the application is submitted on or after October 1, 2026.
(2) This subdivision shall not apply to either of the following:
(A) A proposed housing development for which a development application or preliminary application was submitted before October 1, 2026, if all of the following conditions are met:
(i) The applicant submits an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5 within 180 days after October 1, 2026.
(ii) If the public agency determines that the application for the development project submitted pursuant to clause (i) is not complete, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the application shall expire and have no further force or effect.
(iii) A public agency shall not take any action that would preclude or impair a development proponent that submitted an application before October 1, 2026, from submitting an application pursuant to this subparagraph. For the purposes of this subdivision, an application will be deemed to have been submitted if the applicant submitted the application in writing.
(B) A proposed housing development that meets all of the following criteria:
(i) One hundred percent of the units have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(ii) The units shall be subject to a recorded deed restriction for a period of at least 55 years for rental units and at least 45 years for owner-occupied units.
(iii) The development proponent is an entity that is at least one of the following:
(I) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(II) A qualified nonprofit corporation, as described in Section 214.15 of the Revenue and Taxation Code.
(III) A nonprofit housing sponsor or nonprofit corporation, as described in Section 50091 of the Health and Safety Code, whose primary purpose is the development, ownership, or operation of affordable rental housing.
(g)(i) (1) The amendments made to this section by the act adding this subdivisionparagraph shall become operative on July 1, 2025.
(2) The amendments made to this section by the act adding this paragraph shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
(j) This section shall become operative on January 1, 2030.
Section 66499.41 of the Government Code is amended to read:
(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) (A) 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).
(B) The proposed subdivision may designate a remainder parcel, as defined under Section 66424.6, that retains existing land uses or structures, does not contain any new residential units, and is not exclusively dedicated to serving the housing development project. The remainder parcel shall not be counted against the 10-parcel maximum permitted under subparagraph (A).
(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 or does not meet the characteristics in paragraphs (1) to (5), inclusive, of, and uninhabitable.paragraph (8) of, subdivision (a) of Section 1941.1 of the Civil Code. 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 entity’s 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 isthat nomeets largerthe thanrequirements fiveof acresparagraph and(3) isof substantiallysubdivision surrounded(a) byof qualifiedSection urban21080.66 uses.of the Public Resources Code.
(ii) A vacant lot zoned for single-family residential development is no larger than one and one-half acres and isthat substantiallymeets surroundedthe byrequirements qualifiedof urbanparagraph uses.(3) of subdivision (a) of Section 21080.66 of the Public Resources Code.
(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 urban cluster 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, including a designated remainder parcel described in subparagraph (B) of paragraph (1), or Section 66411.7.
(3) (A) Except as specified in subparagraphs (B)(B), (C), and (C),(D), 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) (i) Notwithstanding subparagraphs (A) and (B), a newly created parcel on a plot zoned for multifamily housing may be as small as 480 square feet, provided that the average size of the newly created parcels is 600 square feet or larger. If the parcels are zoned for single-family residential use, a newly created parcel may be as small as 960 square feet, provided that the average size of the newly created parcels is 1,200 square feet or larger.
(ii) Where lot size averaging is used to create smaller parcels, none of the newly created residential parcels shall be more than 50 percent of the size of the original parcel, except as specified in subparagraph (B) of paragraph (1) of subdivision (a).
(iii) The area of any designated remainder parcel described in subparagraph (B) of paragraph (1) shall be excluded from the calculation of residential density under this paragraph.
(C)(D) 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 owner’s 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 site for the proposed housing development project will, pursuant to the requirements of this division, meetmeets one of the following, as applicable:
(A) The base zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow more than 15 units.
(B) If the local zoning does not specify a maximum number of units, the zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow for more than 26,250 square feet of residential floor area.
(A)(C) If the parcellot is identified to accommodate a portion of the jurisdiction’s share of the regional housing need for low-income or very low income households 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 housing development project will result in ata leastproportional as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portionamount of the jurisdiction’s share of the regional housing need for low-income or very low income households, the housing development project will result in at least as many low-income or very low income units as projected in the housing element.element for the project site. 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 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 housing development project 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 housing development project 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.
(iii)(6) The average total area of anyfloorspace designatedfor remainderthe parcelproposed describedhousing inunits subparagraphon (B)the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of paragraphthis (1)paragraph, shall“net behabitable excludedsquare fromfeet” means the calculationfinished and heated floor area fully enclosed by the inside surface of residentialwalls, densitywindows, underdoors, thisand paragraph.partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, hall, service, and storage areas, but excluding stairs, enclosed bicycle parking, garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(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 entity’s 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 owner’s 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 housing development project 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 housing development project 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 housing development project 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 housing development project 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) (1) (A) Except as provided in paragraph (2), no person shall sell, lease, or finance any parcel or parcels of real property resulting from a subdivision under this section separately from any other such parcel or parcels, unless each parcel that is sold, leased, or financed meets one of the following criteria:
(i) The parcel contains a residential structure completed in compliance with all applicable provisions of the California Building Standards Code that includes at least one dwelling unit.
(ii) The parcel already contains an existing legally permitted residential structure.
(iii) The parcel is reserved for internal circulation, open space, or common area.
(iv) The parcel is the only remaining parcel within the subdivision that is not developed with a residential structure that was completed in compliance with all applicable provisions of the California Building Standards Code.
(B) For purposes of this subdivision, “parcel or parcels of real property resulting from a subdivision under this section” shall not include any designated remainder parcel described in subparagraph (B) of paragraph (1) of subdivision (a).
(C) Violation of this paragraph shall constitute the sale of real property that has been divided in violation of the provisions of this division and shall be subject to the penalties and remedies set forth in Chapter 7 (commencing with Section 66499.30).
(2) A local agency may, by ordinance or map condition, authorize the sale, lease, or finance of any parcel or parcels of real property resulting from a subdivision under this section without compliance with the provisions of paragraph (1).
(f) A local agency shall approve or deny an application for a final 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.
(f)(g) 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)(h) 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)(i) (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 meets 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)(j) 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.
(k) The amendments made to this section by the act adding this subdivision shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
Section 66499.41 of the Government Code is amended to read:
(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) (A) 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).
(B) The proposed subdivision may designate a remainder parcel, as defined under Section 66424.6, that retains existing land uses or structures, does not contain any new residential units, and is not exclusively dedicated to serving the housing development project. The remainder parcel shall not be counted against the 10-parcel maximum permitted under subparagraph (A).
(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 or does not meet the characteristics in paragraphs (1) to (5), inclusive, of, and uninhabitable.paragraph (8) of, subdivision (a) of Section 1941.1 of the Civil Code. 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 entity’s 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 isthat nomeets largerthe thanrequirements fiveof acresparagraph and(3) isof substantiallysubdivision surrounded(a) byof qualifiedSection urban21080.66 uses.of the Public Resources Code.
(ii) A vacant lot zoned for single-family residential development is no larger than one and one-half acres and isthat substantiallymeets surroundedthe byrequirements qualifiedof urbanparagraph uses.(3) of subdivision (a) of Section 21080.66 of the Public Resources Code.
(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 urban cluster 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, including a designated remainder parcel described in subparagraph (B) of paragraph (1), or Section 66411.7.
(3) (A) Except as specified in subparagraphs (B)(B), (C), and (C),(D), 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) (i) Notwithstanding subparagraphs (A) and (B), a newly created parcel on a plot zoned for multifamily housing may be as small as 480 square feet, provided that the average size of the newly created parcels is 600 square feet or larger. If the parcels are zoned for single-family residential use, a newly created parcel may be as small as 960 square feet, provided that the average size of the newly created parcels is 1,200 square feet or larger.
(ii) Where lot size averaging is used to create smaller parcels, none of the newly created residential parcels shall be more than 50 percent of the size of the original parcel, except as specified in subparagraph (B) of paragraph (1) of subdivision (a).
(iii) The area of any designated remainder parcel described in subparagraph (B) of paragraph (1) shall be excluded from the calculation of residential density under this paragraph.
(C)(D) 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 owner’s 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 site for the proposed housing development project will, pursuant to the requirements of this division, meetmeets one of the following, as applicable:
(A) The base zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow more than 15 units.
(B) If the local zoning does not specify a maximum number of units, the zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow for more than 26,250 square feet of residential floor area.
(A)(C) If the parcellot is identified to accommodate a portion of the jurisdiction’s share of the regional housing need for low-income or very low income households 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 housing development project will result in at least as many units as projected for thata parcelproportional in the housing element. If the parcel is identified to accommodate any portionamount of the jurisdiction’s share of the regional housing need for low-income or very low income households, the housing development project will result in at least as many low-income or very low income units as projected in the housing element.element for the project site. 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 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 housing development project 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 housing development project 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.
(iii)(6) The average total area of anyfloorspace designatedfor remainderthe parcelproposed describedhousing inunits subparagraphon (B)the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of paragraphthis (1)paragraph, shall“net behabitable excludedsquare fromfeet” means the calculationfinished and heated floor area fully enclosed by the inside surface of residentialwalls, densitywindows, underdoors, thisand paragraph.partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, hall, service, and storage areas, but excluding stairs, enclosed bicycle parking, garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(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 entity’s 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 owner’s 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 housing development project 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 housing development project 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 housing development project 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 housing development project 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) (1) 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.
(2) An application for a parcel map or a tentative and final map for a housing development project submitted pursuant to this section shall be eligible for concurrent processing with an application for a housing development project or building permit submitted pursuant to Section 65852.28 or 65913.4.5.
(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) (1) (A) Except as provided in paragraph (2), no person shall sell, lease, or finance any parcel or parcels of real property resulting from a subdivision under this section separately from any other such parcel or parcels, unless each parcel that is sold, leased, or financed meets one of the following criteria:
(i) The parcel contains a residential structure completed in compliance with all applicable provisions of the California Building Standards Code that includes at least one dwelling unit.
(ii) The parcel already contains an existing legally permitted residential structure.
(iii) The parcel is reserved for internal circulation, open space, or common area.
(iv) The parcel is the only remaining parcel within the subdivision that is not developed with a residential structure that was completed in compliance with all applicable provisions of the California Building Standards Code.
(B) For purposes of this subdivision, “parcel or parcels of real property resulting from a subdivision under this section” shall not include any designated remainder parcel described in subparagraph (B) of paragraph (1) of subdivision (a).
(C) Violation of this paragraph shall constitute the sale of real property that has been divided in violation of the provisions of this division and shall be subject to the penalties and remedies set forth in Chapter 7 (commencing with Section 66499.30).
(2) A local agency may, by ordinance or map condition, authorize the sale, lease, or finance of any parcel or parcels of real property resulting from a subdivision under this section without compliance with the provisions of paragraph (1).
(f) A local agency shall approve or deny an application for a final 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.
(f)(g) 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)(h) 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)(i) (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 meets 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)(j) 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.
(k) The amendments made to this section by the act adding this subdivision shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
Section 66499.41 of the Government Code is amended to read:
(a) AExcept as specified in subdivision (k), 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) (A) 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).
(B) The proposed subdivision may designate a remainder parcel, as defined under Section 66424.6, that retains existing land uses or structures, does not contain any new residential units, and is not exclusively dedicated to serving the housing development project. The remainder parcel shall not be counted against the 10-parcel maximum permitted under subparagraph (A).
(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 or does not meet the characteristics in paragraphs (1) to (5), inclusive, of, and uninhabitable.paragraph (8) of, subdivision (a) of Section 1941.1 of the Civil Code. 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 entity’s 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 isthat substantiallymeets surroundedthe byrequirements qualifiedof urbanparagraph uses.(3) of subdivision (a) of Section 21080.66 of the Public Resources Code.
(ii) A vacant lot zoned for single-family residential development is no larger than one and one-half acres and isthat substantiallymeets surroundedthe byrequirements qualifiedof urbanparagraph uses.(3) of subdivision (a) of Section 21080.66 of the Public Resources Code.
(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 urban cluster 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, including a designated remainder parcel described in subparagraph (B) of paragraph (1), or in Section 66411.7.
(3) (A) Except as specified in subparagraphs (B)(B), (C), and (C),(D), 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) (i) Notwithstanding subparagraphs (A) and (B), a newly created parcel on a plot zoned for multifamily housing may be as small as 480 square feet, provided that the average size of the newly created parcels is 600 square feet or larger. If the parcels are zoned for single-family residential use, a newly created parcel may be as small as 960 square feet, provided that the average size of the newly created parcels is 1,200 square feet or larger.
(ii) Where lot size averaging is used to create smaller parcels, none of the newly created residential parcels shall be more than 50 percent of the size of the original parcel, except as specified in subparagraph (B) of paragraph (1) of subdivision (a).
(iii) The area of any designated remainder parcel described in subparagraph (B) of paragraph (1) shall be excluded from the calculation of residential density under this paragraph.
(C)(D) 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 owner’s 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 aan tenancyinterest in common, as described in Section 685 of the Civil Code.
(5) The site for the proposed housing development project will, pursuant to the requirements of this division, meetmeets one of the following, as applicable:
(A) The base zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow more than 15 units.
(B) If the local zoning does not specify a maximum number of units, the zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow for more than 26,250 square feet of residential floor area.
(A)(C) If the parcellot is identified to accommodate a portion of the jurisdiction’s share of the regional housing need for low-income or very low income households 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 housing development project will result in ata leastproportional as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portionamount of the jurisdiction’s share of the regional housing need for low-income or very low income households, the housing development project will result in at least as many low-income or very low income units as projected in the housing element.element for the project site. 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 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 housing development project 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 housing development project 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.
(iii)(6) The average total area of anyfloorspace designatedfor remainderthe parcelproposed describedhousing inunits subparagraphon (B)the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of paragraphthis (1)paragraph, shall“net behabitable excludedsquare fromfeet” means the calculationfinished and heated floor area fully enclosed by the inside surface of residentialwalls, densitywindows, underdoors, thisand paragraph.partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, hall, service, and storage areas, but excluding stairs, enclosed bicycle parking, garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(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 entity’s 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 owner’s 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 housing development project 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 housing development project 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 housing development project 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 housing development project 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) (1) (A) Except as provided in paragraph (2), no person shall sell, lease, or finance any parcel or parcels of real property resulting from a subdivision under this section separately from any other such parcel or parcels, unless each parcel that is sold, leased, or financed meets one of the following criteria:
(i) The parcel contains a residential structure completed in compliance with all applicable provisions of the California Building Standards Code that includes at least one dwelling unit.
(ii) The parcel already contains an existing legally permitted residential structure.
(iii) The parcel is reserved for internal circulation, open space, or common area.
(iv) The parcel is the only remaining parcel within the subdivision that is not developed with a residential structure that was completed in compliance with all applicable provisions of the California Building Standards Code.
(B) For purposes of this subdivision, “parcel or parcels of real property resulting from a subdivision under this section” shall not include any designated remainder parcel described in subparagraph (B) of paragraph (1) of subdivision (a).
(C) Violation of this paragraph shall constitute the sale of real property that has been divided in violation of the provisions of this division and shall be subject to the penalties and remedies set forth in Chapter 7 (commencing with Section 66499.30).
(2) A local agency may, by ordinance or map condition, authorize the sale, lease, or finance of any parcel or parcels of real property resulting from a subdivision under this section without compliance with the provisions of paragraph (1).
(f) A local agency shall approve or deny an application for a final 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.
(f)(g) 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)(h) 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)(i) (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 meets 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)(j) 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.
(k) (1) Notwithstanding subdivision (a), and except as specified in paragraph (2), this section shall not apply to a parcel map or a tentative and final map for a housing development project that is located in ZIP Code 91001 or 91003 if the application is submitted on or after October 1, 2026.
(2) This subdivision shall not apply to either of the following:
(A) A parcel map or tentative and final map for a housing development project for which a development application or preliminary application was submitted before October 1, 2026, if all of the following conditions are met:
(i) The applicant submits an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5 within 180 days after October 1, 2026.
(ii) If the public agency determines that the application for the development project submitted pursuant to clause (i) is not complete, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the application shall expire and have no further force or effect.
(iii) A public agency shall not take any action that would preclude or impair a development proponent that submitted an application before October 1, 2026, from submitting an application pursuant to this subparagraph. For the purposes of this subdivision, an application will be deemed to have been submitted if the applicant submitted the application in writing.
(B) A parcel map or tentative and final map for a housing development project that meets all of the following criteria:
(i) One hundred percent of the units have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(ii) The units shall be subject to a recorded deed restriction for a period of at least 55 years for rental units and at least 45 years for owner-occupied units.
(iii) The development proponent is an entity that is at least one of the following:
(I) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(II) A qualified nonprofit corporation, as described in Section 214.15 of the Revenue and Taxation Code.
(III) A nonprofit housing sponsor or nonprofit corporation, as described in Section 50091 of the Health and Safety Code, whose primary purpose is the development, ownership, or operation of affordable rental housing.
(l) The amendments made to this section by the act adding this subdivision shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
(m) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
Section 66499.41 is added to the Government Code, to read:
(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) (A) 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).
(B) The proposed subdivision may designate a remainder parcel, as defined under Section 66424.6, that retains existing land uses or structures, does not contain any new residential units, and is not exclusively dedicated to serving the housing development project. The remainder parcel shall not be counted against the 10-parcel maximum permitted under subparagraph (A).
(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 or does not meet the characteristics in paragraphs (1) to (5), inclusive, of, and uninhabitable.paragraph (8) of, subdivision (a) of Section 1941.1 of the Civil Code. 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 entity’s 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 isthat nomeets largerthe thanrequirements fiveof acresparagraph and(3) isof substantiallysubdivision surrounded(a) byof qualifiedSection urban21080.66 uses.of the Public Resources Code.
(ii) A vacant lot zoned for single-family residential development is no larger than one and one-half acres and isthat substantiallymeets surroundedthe byrequirements qualifiedof urbanparagraph uses.(3) of subdivision (a) of Section 21080.66 of the Public Resources Code.
(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 urban cluster 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, including a designated remainder parcel described in subparagraph (B) of paragraph (1), or in Section 66411.7.
(3) (A) Except as specified in subparagraphs (B)(B), (C), and (C),(D), 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) (i) Notwithstanding subparagraphs (A) and (B), a newly created parcel on a plot zoned for multifamily housing may be as small as 480 square feet, provided that the average size of the newly created parcels is 600 square feet or larger. If the parcels are zoned for single-family residential use, a newly created parcel may be as small as 960 square feet, provided that the average size of the newly created parcels is 1,200 square feet or larger.
(ii) Where lot size averaging is used to create smaller parcels, none of the newly created residential parcels shall be more than 50 percent of the size of the original parcel, except as specified in subparagraph (B) of paragraph (1) of subdivision (a).
(iii) The area of any designated remainder parcel described in subparagraph (B) of paragraph (1) shall be excluded from the calculation of residential density under this paragraph.
(C)(D) 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 owner’s 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 aan tenancyinterest in common, as described in Section 685 of the Civil Code.
(5) The site for the proposed housing development project will, pursuant to the requirements of this division, meetmeets one of the following, as applicable:
(A) The base zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow more than 15 units.
(B) If the local zoning does not specify a maximum number of units, the zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow for more than 26,250 square feet of residential floor area.
(A)(C) If the parcellot is identified to accommodate a portion of the jurisdiction’s share of the regional housing need for low-income or very low income households 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 housing development project will result in ata leastproportional as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portionamount of the jurisdiction’s share of the regional housing need for low-income or very low income households, the housing development project will result in at least as many low-income or very low income units as projected in the housing element.element for the project site. 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 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 housing development project 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 housing development project 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.
(iii)(6) The average total area of anyfloorspace designatedfor remainderthe parcelproposed describedhousing inunits subparagraphon (B)the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of paragraphthis (1)paragraph, shall“net behabitable excludedsquare fromfeet” means the calculationfinished and heated floor area fully enclosed by the inside surface of residentialwalls, densitywindows, underdoors, thisand paragraph.partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, hall, service, and storage areas, but excluding stairs, enclosed bicycle parking, garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(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 entity’s 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 owner’s 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 housing development project 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 housing development project 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 housing development project 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 housing development project 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) (1) (A) Except as provided in paragraph (2), no person shall sell, lease, or finance any parcel or parcels of real property resulting from a subdivision under this section separately from any other such parcel or parcels, unless each parcel that is sold, leased, or financed meets one of the following criteria:
(i) The parcel contains a residential structure completed in compliance with all applicable provisions of the California Building Standards Code that includes at least one dwelling unit.
(ii) The parcel already contains an existing legally permitted residential structure.
(iii) The parcel is reserved for internal circulation, open space, or common area.
(iv) The parcel is the only remaining parcel within the subdivision that is not developed with a residential structure that was completed in compliance with all applicable provisions of the California Building Standards Code.
(B) For purposes of this subdivision, “parcel or parcels of real property resulting from a subdivision under this section” shall not include any designated remainder parcel described in subparagraph (B) of paragraph (1) of subdivision (a).
(C) Violation of this paragraph shall constitute the sale of real property that has been divided in violation of the provisions of this division and shall be subject to the penalties and remedies set forth in Chapter 7 (commencing with Section 66499.30).
(2) A local agency may, by ordinance or map condition, authorize the sale, lease, or finance of any parcel or parcels of real property resulting from a subdivision under this section without compliance with the provisions of paragraph (1).
(f) A local agency shall approve or deny an application for a final 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.
(f)(g) 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)(h) 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)(i) (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 meets 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)(j) 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.
(k) The amendments made to this section by the act adding this subdivision shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
(l) This section shall become operative on January 1, 2030.
Section 66499.41 of the Government Code is amended to read:
(a) AExcept as specified in subdivision (k), 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) (A) 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).
(B) The proposed subdivision may designate a remainder parcel, as defined under Section 66424.6, that retains existing land uses or structures, does not contain any new residential units, and is not exclusively dedicated to serving the housing development project. The remainder parcel shall not be counted against the 10-parcel maximum permitted under subparagraph (A).
(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 or does not meet the characteristics in paragraphs (1) to (5), inclusive, of, and uninhabitable.paragraph (8) of, subdivision (a) of Section 1941.1 of the Civil Code. 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 entity’s 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 isthat nomeets largerthe thanrequirements fiveof acresparagraph and(3) isof substantiallysubdivision surrounded(a) byof qualifiedSection urban21080.66 uses.of the Public Resources Code.
(ii) A vacant lot zoned for single-family residential development is no larger than one and one-half acres and isthat substantiallymeets surroundedthe byrequirements qualifiedof urbanparagraph uses.(3) of subdivision (a) of Section 21080.66 of the Public Resources Code.
(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 urban cluster 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, including a designated remainder parcel described in subparagraph (B) of paragraph (1), or Section 66411.7.
(3) (A) Except as specified in subparagraphs (B)(B), (C), and (C),(D), 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) (i) Notwithstanding subparagraphs (A) and (B), a newly created parcel on a plot zoned for multifamily housing may be as small as 480 square feet, provided that the average size of the newly created parcels is 600 square feet or larger. If the parcels are zoned for single-family residential use, a newly created parcel may be as small as 960 square feet, provided that the average size of the newly created parcels is 1,200 square feet or larger.
(ii) Where lot size averaging is used to create smaller parcels, none of the newly created residential parcels shall be more than 50 percent of the size of the original parcel, except as specified in subparagraph (B) of paragraph (1) of subdivision (a).
(iii) The area of any designated remainder parcel described in subparagraph (B) of paragraph (1) shall be excluded from the calculation of residential density under this paragraph.
(C)(D) 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 owner’s 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 aan tenancyinterest in common, as described in Section 685 of the Civil Code.
(5) The site for the proposed housing development project will, pursuant to the requirements of this division, meetmeets one of the following, as applicable:
(A) The base zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow more than 15 units.
(B) If the local zoning does not specify a maximum number of units, the zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow for more than 26,250 square feet of residential floor area.
(A)(C) If the parcellot is identified to accommodate a portion of the jurisdiction’s share of the regional housing need for low-income or very low income households 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 housing development project will result in at least as many units as projected for thata parcelproportional in the housing element. If the parcel is identified to accommodate any portionamount of the jurisdiction’s share of the regional housing need for low-income or very low income households, the housing development project will result in at least as many low-income or very low income units as projected in the housing element.element for the project site. 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 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 housing development project 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 housing development project 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.
(iii)(6) The average total area of anyfloorspace designatedfor remainderthe parcelproposed describedhousing inunits subparagraphon (B)the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of paragraphthis (1)paragraph, shall“net behabitable excludedsquare fromfeet” means the calculationfinished and heated floor area fully enclosed by the inside surface of residentialwalls, densitywindows, underdoors, thisand paragraph.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 stairs, enclosed bicycle parking, garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(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 entity’s 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 owner’s 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 housing development project 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 housing development project 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 housing development project 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 housing development project 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) (1) 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.
(2) An application for a parcel map or a tentative and final map for a housing development project submitted pursuant to this section shall be eligible for concurrent processing with an application for a housing development project or building permit submitted pursuant to Section 65852.28 or 65913.4.5.
(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) (1) (A) Except as provided in paragraph (2), no person shall sell, lease, or finance any parcel or parcels of real property resulting from a subdivision under this section separately from any other such parcel or parcels, unless each parcel that is sold, leased, or financed meets one of the following criteria:
(i) The parcel contains a residential structure completed in compliance with all applicable provisions of the California Building Standards Code that includes at least one dwelling unit.
(ii) The parcel already contains an existing legally permitted residential structure.
(iii) The parcel is reserved for internal circulation, open space, or common area.
(iv) The parcel is the only remaining parcel within the subdivision that is not developed with a residential structure that was completed in compliance with all applicable provisions of the California Building Standards Code.
(B) For purposes of this subdivision, “parcel or parcels of real property resulting from a subdivision under this section” shall not include any designated remainder parcel described in subparagraph (B) of paragraph (1) of subdivision (a).
(C) Violation of this paragraph shall constitute the sale of real property that has been divided in violation of the provisions of this division and shall be subject to the penalties and remedies set forth in Chapter 7 (commencing with Section 66499.30).
(2) A local agency may, by ordinance or map condition, authorize the sale, lease, or finance of any parcel or parcels of real property resulting from a subdivision under this section without compliance with the provisions of paragraph (1).
(f) A local agency shall approve or deny an application for a final 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.
(f)(g) 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)(h) 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)(i) (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 meets 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)(j) 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.
(k) (1) Notwithstanding subdivision (a), and except as specified in paragraph (2), this section shall not apply to a parcel map or a tentative and final map for a housing development project that is located in ZIP Code 91001 or 91003 if the application is submitted on or after October 1, 2026.
(2) This subdivision shall not apply to either of the following:
(A) A parcel map or tentative and final map for a housing development project for which a development application or preliminary application was submitted before October 1, 2026, if all of the following conditions are met:
(i) The applicant submits an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5 within 180 days after October 1, 2026.
(ii) If the public agency determines that the application for the development project submitted pursuant to clause (i) is not complete, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the application shall expire and have no further force or effect.
(iii) A public agency shall not take any action that would preclude or impair a development proponent that submitted an application before October 1, 2026, from submitting an application pursuant to this subparagraph. For the purposes of this subdivision, an application will be deemed to have been submitted if the applicant submitted the application in writing.
(B) A parcel map or tentative and final map for a housing development project that meets all of the following criteria:
(i) One hundred percent of the units have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(ii) The units shall be subject to a recorded deed restriction for a period of at least 55 years for rental units and at least 45 years for owner-occupied units.
(iii) The development proponent is an entity that is at least one of the following:
(I) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.
(II) A qualified nonprofit corporation, as described in Section 214.15 of the Revenue and Taxation Code.
(III) A nonprofit housing sponsor or nonprofit corporation, as described in Section 50091 of the Health and Safety Code, whose primary purpose is the development, ownership, or operation of affordable rental housing.
(l) The amendments made to this section by the act adding this subdivision shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
(m) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
Section 66499.41 is added to the Government Code, to read:
(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) (A) 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).
(B) The proposed subdivision may designate a remainder parcel, as defined under Section 66424.6, that retains existing land uses or structures, does not contain any new residential units, and is not exclusively dedicated to serving the housing development project. The remainder parcel shall not be counted against the 10-parcel maximum permitted under subparagraph (A).
(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.or does not meet the characteristics in paragraphs (1) to (5), inclusive, of, and paragraph (8) of, subdivision (a) of Section 1941.1 of the Civil Code. 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 entity’s 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 isthat nomeets largerthe thanrequirements fiveof acresparagraph and(3) isof substantiallysubdivision surrounded(a) byof qualifiedSection urban21080.66 uses.of the Public Resources Code.
(ii) A vacant lot zoned for single-family residential development is no larger than one and one-half acres and isthat substantiallymeets surroundedthe byrequirements qualifiedof urbanparagraph uses.(3) of subdivision (a) of Section 21080.66 of the Public Resources Code.
(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 urban cluster 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, including a designated remainder parcel described in subparagraph (B) of paragraph (1), or in Section 66411.7.
(3) (A) Except as specified in subparagraphs (B)(B), (C), and (C),(D), 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) (i) Notwithstanding subparagraphs (A) and (B), a newly created parcel on a plot zoned for multifamily housing may be as small as 480 square feet, provided that the average size of the newly created parcels is 600 square feet or larger. If the parcels are zoned for single-family residential use, a newly created parcel may be as small as 960 square feet, provided that the average size of the newly created parcels is 1,200 square feet or larger.
(ii) Where lot size averaging is used to create smaller parcels, none of the newly created residential parcels shall be more than 50 percent of the size of the original parcel, except as specified in subparagraph (B) of paragraph (1) of subdivision (a).
(iii) The area of any designated remainder parcel described in subparagraph (B) of paragraph (1) shall be excluded from the calculation of residential density under this paragraph.
(C)(D) 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 owner’s 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 aan tenancyinterest in common, as described in Section 685 of the Civil Code.
(5) The site for the proposed housing development project will, pursuant to the requirements of this division, meetmeets one of the following, as applicable:
(A) The base zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow more than 15 units.
(B) If the local zoning does not specify a maximum number of units, the zoning for the project site, independent of any remainder parcel and notwithstanding any density bonuses, local zoning overlays, accessory dwelling unit allowances, or incentive programs, does not allow for more than 26,250 square feet of residential floor area.
(A)(C) If the parcellot is identified to accommodate a portion of the jurisdiction’s share of the regional housing need for low-income or very low income households 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 housing development project will result in at least as many units as projected for thata parcelproportional in the housing element. If the parcel is identified to accommodate any portionamount of the jurisdiction’s share of the regional housing need for low-income or very low income households, the housing development project will result in at least as many low-income or very low income units as projected in the housing element.element for the project site. 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 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 housing development project 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 housing development project 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.
(iii)(6) The average total area of anyfloorspace designatedfor remainderthe parcelproposed describedhousing inunits subparagraphon (B)the lot proposed to be subdivided does not exceed 1,750 net habitable square feet. For purposes of paragraphthis (1)paragraph, shall“net behabitable excludedsquare fromfeet” means the calculationfinished and heated floor area fully enclosed by the inside surface of residentialwalls, densitywindows, underdoors, thisand paragraph.partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, hall, service, and storage areas, but excluding stairs, enclosed bicycle parking, garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
(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 entity’s 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 owner’s 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 housing development project 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 housing development project 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 housing development project 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 housing development project 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) (1) 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.
(2) An application for a parcel map or a tentative and final map for a housing development project submitted pursuant to this section shall be eligible for concurrent processing with an application for a housing development project or building permit submitted pursuant to Section 65852.28 or 65913.4.5.
(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) (1) (A) Except as provided in paragraph (2), no person shall sell, lease, or finance any parcel or parcels of real property resulting from a subdivision under this section separately from any other such parcel or parcels, unless each parcel that is sold, leased, or financed meets one of the following criteria:
(i) The parcel contains a residential structure completed in compliance with all applicable provisions of the California Building Standards Code that includes at least one dwelling unit.
(ii) The parcel already contains an existing legally permitted residential structure.
(iii) The parcel is reserved for internal circulation, open space, or common area.
(iv) The parcel is the only remaining parcel within the subdivision that is not developed with a residential structure that was completed in compliance with all applicable provisions of the California Building Standards Code.
(B) For purposes of this subdivision, “parcel or parcels of real property resulting from a subdivision under this section” shall not include any designated remainder parcel described in subparagraph (B) of paragraph (1) of subdivision (a).
(C) Violation of this paragraph shall constitute the sale of real property that has been divided in violation of the provisions of this division and shall be subject to the penalties and remedies set forth in Chapter 7 (commencing with Section 66499.30).
(2) A local agency may, by ordinance or map condition, authorize the sale, lease, or finance of any parcel or parcels of real property resulting from a subdivision under this section without compliance with the provisions of paragraph (1).
(f) A local agency shall approve or deny an application for a final 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.
(f)(g) 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)(h) 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)(i) (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 meets 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)(j) 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.
(k) The amendments made to this section by the act adding this subdivision shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.
(l) This section shall become operative on January 1, 2030.
The Legislature finds and declares that addressing the housing crisis and the severe shortage of housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2, 3, and 4 of this act amending Sections 65400, 65852.28, and 66499.41, respectively, of the Government Code apply to all cities, including charter cities.
SEC. 6. Section 2.1 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 1567. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 65400 of the Government Code, and (3) this bill is enacted after Assembly Bill 1567, in which case Section 2 of this bill shall not become operative.
(a) Section 3.1 of this bill incorporates amendments to Section 65852.28 of the Government Code proposed by both this bill and Assembly Bill 2601. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 65852.28 of the Government Code, (3) Senate Bill 1090 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2601, in which case Sections 3, 3.2, 3.3, 3.4, and 3.5 of this bill shall not become operative.
(b) Sections 3.2 and 3.3 of this bill incorporate amendments to Section 65852.28 of the Government Code proposed by both this bill and Senate Bill 1090. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 65852.28 of the Government Code, (3) Assembly Bill 2601 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1090, in which case Section 65852.28 of the Government Code, as amended, repealed, and added by Senate Bill 1090, shall remain operative only until the operative date of this bill, at which time Sections 3.2 and 3.3 of this bill shall become operative, and Sections 3, 3.1, 3.4, and 3.5 of this bill shall not become operative.
(c) Sections 3.4 and 3.5 of this bill incorporate amendments to Section 65852.28 of the Government Code proposed by this bill, Assembly Bill 2601, and Senate Bill 1090. They shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2027, (2) all three bills amend Section 65852.28 of the Government Code, and (3) this bill is enacted after Assembly Bill 2601 and Senate Bill 1090, in which case Section 65852.28 of the Government Code, as amended, repealed, and added by Senate Bill 1090, shall remain operative only until the operative date of this bill, at which time Sections 3.4 and 3.5 of this bill shall become operative, and Sections 3, 3.1, 3.2, and 3.3 of this bill shall not become operative.
(a) Section 4.1 of this bill incorporates amendments to Section 66499.41 of the Government Code proposed by both this bill and Assembly Bill 2601. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 66499.41 of the Government Code, (3) Senate Bill 1090 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2601, in which case Sections 4, 4.2, 4.3, 4.4, and 4.5 of this bill shall not become operative.
(b) Sections 4.2 and 4.3 of this bill incorporate amendments to Section 66499.41 of the Government Code proposed by both this bill and Senate Bill 1090. They shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) each bill amends Section 66499.41 of the Government Code, (3) Assembly Bill 2601 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 1090, in which case Section 66499.41 of the Government Code, as amended, repealed, and added by Senate Bill 1090, shall remain operative only until the operative date of this bill, at which time Sections 4.2 and 4.3 of this bill shall become operative, and Sections 4, 4.1, 4.4, and 4.5 of this bill shall not become operative.
(c) Sections 4.4 and 4.5 of this bill incorporate amendments to Section 66499.41 of the Government Code proposed by this bill, Assembly Bill 2601, and Senate Bill 1090. They shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2027, (2) all three bills amend Section 66499.41 of the Government Code, and (3) this bill is enacted after Assembly Bill 2601 and Senate Bill 1090, in which case Section 66499.41 of the Government Code, as amended, repealed, and added by Senate Bill 1090, shall remain operative only until the operative date of this bill, at which time Sections 4.4 and 4.5 of this bill shall become operative, and Sections 4, 4.1, 4.2, and 4.3 of this bill shall not become operative.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
Bill text is the chaptered version from LegiScan (California Legislature); spacing is normalized. Code section text in a bill is the text that bill chaptered, not necessarily the law in effect today. Not legal advice.