Subdivision Map Act: streamlined approval process: subdivisions.

(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing. Existing law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards including among others, that the development proponent commit to record a land use restriction or covenant providing that any lower or moderate-income housing units remain available at affordable housing costs or rent, as specified. This bill would exempt a project from the objective planning standard described above, if the project involves the subdivision of a parcel for 10 or fewer units and is not a part of a larger project involving more than 10 units, the project is not a public work, as defined, and the project satisfies the requirements of any applicable inclusionary housing ordinance of the local government, as specified. Existing law also includes as an objective planning standard for the streamlined, ministerial approval process that the development be subject to a requirement mandating a minimum percentage of below market rate housing, as specified. Under existing law, that requirement is satisfied if the locality's latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, and the project seeking approval dedicates 50% of the total number of units to housing affordable to households making at or below 80% of the area median income. This bill additionally would condition satisfaction of that objective planning standard on such a project containing more than 10 units of housing. Under the bill, if a project contains 10 units of housing or less and is subject to an inclusionary housing ordinance when the project application is submitted, the project would satisfy the objective planning standard if the project satisfies the requirements of the inclusionary housing ordinance. Under the bill, if a project contains 10 units of housing or less and is not subject to any inclusionary housing ordinances, the project would satisfy the objective planning standard if the developer pays a fee of an unspecified amount to the local government. (2) The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. This bill would require a local agency to issue a building permit for a subdivision that consists of 10 or fewer lots and of which at least 75% of the perimeter adjoins parcels that are developed with urban uses, as specified, if the applicant for the permit has received a tentative map approval or parcel map approval and the applicant has submitted proof, to the satisfaction of the local agency, of a recorded covenant and agreement that states that the applicant and the successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy for the building will not be issued unless the final map has been recorded, and that the total number of lots created by the subdivision will not exceed 10. The bill would require the local agency to issue the building permit based upon the approved tentative or parcel map and its conditions of approval. (3) By imposing requirements on local agencies relative to the subdivision of 10 or fewer lots, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.