Planning and zoning: subdivisions: ministerial review.

Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for multifamily residential development, is no larger than 5 acres, as specified, and the newly created parcels are no smaller than 600 square feet, except as provided. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities. This bill would prohibit, if a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would revise the requirement that the lot be zoned for multifamily residential development and would instead require that the lot either be zoned for multifamily residential dwelling use or vacant, as defined, and zoned for single-family residential development. The bill would require that a vacant lot zoned for single-family residential development is no larger than 112 acres, as specified, and that if the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development. The bill would include in the above-described certain requirements that the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot. Existing law also includes among these certain requirements that the housing units on the lot proposed to be subdivided meet one of specified conditions, including being constructed on fee simple ownership lots or owned by a community land trust, as defined. This bill would expand the above-described specified conditions to include being part of a tenancy in common, as specified. The bill would revise the above-described conditions to instead include being constructed on land owned by a community trust. By expanding the duties for a local agency to ministerially consider a housing development project, this bill would impose a state-mandated local program. Existing law, if a parcel is not identified in the jurisdiction's housing element for the current planning period that is in substantial compliance, as specified, requires a proposed development to result in at least as many units as the maximum allowable residential density. This bill would instead require the proposed development to result in at least 66% of the maximum allowable residential density as specified by local zoning or 66% of the applicable residential density, as specified, whichever is greater. Existing law provides that a housing development project on a proposed site to be subdivided under these provisions is not required to comply with certain requirements, including a minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size of 600 square feet, except as provided. This bill would provide that an above-described housing development is also not required to comply with a minimum requirement on the frontage of an individual parcel created by the development. This bill would require that its provisions become operative on July 1, 2025. This bill would make related findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.