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<ns0:Id>20250AB__260199INT</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Lee</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Lee</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 65852.21, 65852.28, 65913.4.5, 66411.7, and 66499.41 of the Government Code, relating to land use. </ns0:Title>
<ns0:RelatingClause>land use</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Planning and zoning: housing development: streamlined approval and subdivisions.</ns0:Subject>
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<ns0:DigestText>
<html:p>Under the Planning and Zoning Law, the legislative body of a city or county may adopt ordinances that, among other things, regulate the use of buildings, structures, and land, as provided. 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.</html:p>
<html:p>Existing law requires a local agency to consider ministerially a proposed housing development containing no more than 2 residential units within a single-family residential zone, without discretionary review or a hearing, if the proposed housing development meets specified requirements. Existing law requires a local agency to ministerially approve a
parcel map for an urban lot split if the parcel meets specified requirements.</html:p>
<html:p>This bill would require that an application for a proposed housing development containing no more than 2 residential units within a single-family residential zone, as described above, be eligible for concurrent processing with an application for a parcel map for an urban lot split, as provided. The bill would authorize a local agency to condition issuance of building permits, grading permits, or certificates of occupancy for a proposed housing development upon the applicant first obtaining approval and recording a parcel map for eligible parcels pursuant to the above-described urban lot split provisions. The bill would allow the primary dwellings in an urban lot split under these provisions to be developed or converted to condominiums upon request of the applicant, as specified, or, if the housing development includes an existing unit, allow the applicant to request a condominium
conversion for that unit pursuant to state and local law. The bill would specify that a “parcel map” for purposes of these provisions means a parcel map prepared in accordance with specified provisions of the Subdivision Map Act and may include a condominium plan if proposed by the subdivider, as specified.</html:p>
<html:p>Existing law authorizes a development proponent to submit an application for a housing development project on a subdivided lot, as specified, that meets specified requirements, and requires a local agency to ministerially consider that application, as specified. Existing law requires a local agency to issue a building permit for one or more residential units on a lot proposed to be subdivided, as specified, if the applicant for the permit meets prescribed requirements. Existing law 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
specified requirements, including that 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.</html:p>
<html:p>This bill would require an application for a housing development project on a subdivided lot or an application for a building permit for one or more residential units on a lot proposed to be subdivided, as described above, to be eligible for concurrent processing with an application for a parcel map or a tentative and final map under the above-described subdivision provisions, as provided. The bill would authorize a local agency to condition issuance of building permits, grading permits, or certificates of occupancy for a proposed housing development under these provisions upon the applicant first obtaining approval and recording a parcel map for eligible parcels pursuant to the above-described subdivision provisions.</html:p>
<html:p>Existing law generally requires any person who intends to offer subdivided lands within this state for sale or lease to file with the Department of Real Estate an application for a public report consisting of a notice of intention and a completed questionnaire on a form prepared by the department. Existing law requires the Real Estate Commissioner to make an examination of any subdivision and, unless there are grounds for denial, issue the subdivider a public report authorizing the sale or lease in this state of the lots or parcels within the subdivision, as provided.</html:p>
<html:p>This bill would exempt an urban lot split or a parcel map or a tentative and final map for a housing development project under the above-described provisions from the requirement to obtain a public report from the Department of Real Estate pursuant to the above-described provisions, provided that the development otherwise complies with applicable state and local
health and safety standards.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 65852.21 of the
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is amended to read:
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<ns0:Num>65852.21.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The parcel satisfies the requirements
specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Housing that has been occupied by a tenant in the last three years.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The parcel subject to the proposed housing development is not 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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The development is not located in either the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A contributing structure within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or historic property or district pursuant to a city or county ordinance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the
Public Resources Code, or within a property individually designated or listed as a city or county landmark under a city or county ordinance.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any local law and except as provided in paragraphs (2) and (3), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding subparagraph
(A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone. This subdivision shall not prevent a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on development authorized by this section if those standards are more permissive than applicable standards within the underlying zone.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A local agency may adopt objective standards for the purposes of maintaining the historical value of a historic district listed in the California Register of Historical Resources.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major
transit stop, as defined in Section 21064.3 of the Public Resources Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is a car share vehicle located within one block of the parcel.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official 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 for which there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An application for a proposed housing development pursuant to this section shall be considered and approved or denied within 60 days from the date the local agency receives a completed application. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a permitting agency denies an application for a proposed housing development pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), 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 application can be remedied by the applicant.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An application for a proposed housing development submitted pursuant to this section shall be eligible for concurrent processing with an application for a parcel map for an urban lot split submitted pursuant to Section 66411.7.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a local agency’s issuance of building permits, grading permits, or certificates of occupancy for a proposed housing development may be conditioned upon the applicant first obtaining approval and recording a parcel map for eligible parcels pursuant to Section 66411.7.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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 compliance with applicable state or local development and building standards.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
For purposes of this section, all of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The terms “objective zoning
standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Local agency” means a city, county, or city and county, whether general law or chartered.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 65852.28 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>65852.28.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Physically precludes the development of a project built to densities as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. This paragraph does not preclude a local agency from adopting an ordinance that allows developments at a density greater than the maximum density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), for a development located on a lot that meets the definition of clause (ii) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 66499.41, a local agency may impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the
lot.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Requires that parking be enclosed or covered.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2024.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The amendments made to this section by the act adding this subdivision shall become operative on July 1,
2025.
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 65913.4.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F1597BAA-C330-4836-8B5B-66CF2BD24ACF">
<ns0:Num>65913.4.5.</ns0:Num>
<ns0:LawSectionVersion id="id_A752FC0F-25A3-4299-A01C-614445D58A9B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local agency shall issue a building permit for one or more residential units that are part of a housing development project consisting of 10 or fewer units on a lot proposed to be subdivided as part of a subdivision pursuant to paragraph (3) if the applicant for the permit has met both of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The applicant has received a tentative map approval or parcel map approval for the subdivision.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An application for a building permit 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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The applicant has submitted a building permit application that the local agency deemed complete pursuant to subdivision (b) of Section 65913.3.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The local agency may condition the issuance of a building permit on the applicant submitting proof to the satisfaction of the local agency of a
recorded covenant and agreement enforceable by the local agency that states that the applicant and the applicant’s successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The local agency may condition the issuance of a building permit, grading permit, or certificate of occupancy on the applicant first obtaining approval and recording a parcel map or a tentative and final map pursuant to Section 66499.41.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The local agency shall issue the building permit based upon the tentative or parcel map and its conditions of approval. Any dedication, improvement, and sewer requirements identified in the approved tentative or parcel map or its conditions of approval shall be guaranteed to the satisfaction of the local agency at the time the building permit is issued.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The local agency may require security to ensure faithful performance of the requirements identified in the approved tentative or parcel map or its conditions of approval. The
amount of security shall be determined by the local agency and shall not be more than 300 percent of the total estimated cost of the improvements or of the acts to be performed. The security shall be provided in either of the following forms, as determined by the local agency:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Bond or bonds by one or more duly authorized corporate sureties.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An instrument of credit from an agency of the state, federal, or local government when any agency of the state, federal, or local government provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a local agency may deny issuance of a building permit if the building official makes a written finding, based upon a preponderance of the evidence, that construction of the proposed structure or structures before recordation of the final map 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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall become operative on July
1, 2024.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_74C93E44-D426-4697-9773-CA6D2945FEC8">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'66411.7.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 66411.7 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E2EF35CA-F85C-40B4-99FF-FDDAC23577C1">
<ns0:Num>66411.7.</ns0:Num>
<ns0:LawSectionVersion id="id_75EADA7B-4E98-44FB-9883-444760AEA740">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The parcel being subdivided meets all the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The parcel is located within a single-family residential zone.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The parcel satisfies the requirements specified in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A parcel or parcels 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.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Housing that has been occupied by a tenant in the last three years.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The parcel is not located within a historical landmark property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark pursuant to a city or county ordinance.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The proposed urban lot split does not require demolition or alteration of either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A contributing structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district
listed or designated pursuant to a city or county ordinance.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An existing exterior structural wall of a structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district listed or designated pursuant to a city or county ordinance.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An application for a parcel map for an urban lot split shall be approved in accordance with the following
requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An application for an urban lot split shall be considered and approved or denied within 60 days from the date the local agency receives a completed application. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a permitting agency denies an application for an urban lot split pursuant to subparagraph (B), the permitting agency shall, within the time period described in subparagraph (B), 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 application can be remedied
by the applicant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A local agency shall approve an urban lot split only if it 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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An application for a parcel map for an urban lot split shall be eligible for concurrent processing with an application for a proposed housing development submitted pursuant to Section
65852.21.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that are related to the design or to improvements of a parcel, consistent with paragraph (3) of subdivision (b) and with subdivision (e), and are applicable to a parcel created by an urban lot split that do not conflict with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official 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 for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Easements required for the provision of public services and facilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of
the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is a car share vehicle located within one block of the parcel.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall not apply to an applicant that is 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, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any provision of Section 65852.21, 65915, Article 2
(commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in subdivision (a) of Section 66313, or a junior accessory dwelling unit as defined in subdivision (d) of Section 66313.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding paragraph (3) of
subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The primary dwellings in an urban lot split may be developed or converted to condominiums upon request of the applicant pursuant to Part 5 (commencing with Section 4000) of Division 4 of the Civil Code or, if the housing development includes an existing unit, the applicant may request a condominium conversion for that unit pursuant to state and local law.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of
paragraph (2) of subdivision (a) of Section 65400.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
For purposes of this section, all of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones,
specific plans, inclusionary zoning ordinances, and density bonus ordinances.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Local agency” means a city, county, or city and county, whether general law or chartered.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Parcel map” means a parcel map prepared in accordance with Article 3 (commencing with Section 66444) of Chapter 2 and may include a condominium plan if proposed by the subdivider in accordance with Section 4285 of the Civil Code and ultimately approved pursuant to Part 5 (commencing with Section 4000) of Division 4 of the Civil Code. If the urban lot split includes an existing residential unit at the time of subdivision approval, the subdivider shall complete a condominium conversion pursuant to state and local law to convey the unit separately.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a parcel map for an urban lot split approved pursuant to this section shall be exempt from
the requirement to obtain a public report from the Department of Real Estate pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code, provided that the development otherwise complies with applicable state and local health and safety standards.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The exemption in paragraph (1) shall apply solely for purposes of streamlining the sale or conveyance of starter homes and small-lot residential units and shall not limit the authority of the Department of Real Estate to enforce consumer protection, disclosure, or antifraud provisions under state law.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6C5E8DF5-6EFE-4D05-BD8F-BC6982EFA3FE">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'66499.41.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 66499.41 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0D5E4235-0538-4C2B-AD92-DBD746BCB629">
<ns0:Num>66499.41.</ns0:Num>
<ns0:LawSectionVersion id="id_93ED3353-42BA-4A1F-8569-AA97F4849BA3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The lot proposed to be subdivided meets all of the following sets of requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The lot is one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Zoned to allow multifamily residential dwelling use.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Vacant and zoned for single-family residential development. For purposes of this paragraph, “vacant” means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as “vacant:”
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A lot zoned to allow multifamily residential dwelling use is no larger than five acres and is substantially surrounded by qualified urban uses.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A vacant lot zoned for single-family residential development is no larger than one and one-half acres and is substantially
surrounded by qualified urban uses.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, the following definitions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“Qualified urban use” has the same meaning as defined in Section 21072 of the Public Resources Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Substantially surrounded” has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The lot is a legal parcel located within one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An incorporated city, the boundaries of which include some portion of an urbanized area.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, the following definitions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as specified in subparagraphs (B) and
(C), the newly created parcels are no smaller than 600 square feet.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The housing units on the lot proposed to be subdivided are one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Constructed on fee simple ownership lots.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Part of a common interest development.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Part of a housing cooperative, as defined in Section 817 of the Civil Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Part of a tenancy in common, as described in Section 685 of the Civil Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The proposed housing development project will, pursuant to the requirements of this division, meet one of the following, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the parcel is 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 as many units as projected for that parcel in the housing element. If the parcel is identified to accommodate any portion 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. These units shall be subject to a recorded affordability restriction of at least 45 years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The housing development project on the lot proposed to be subdivided complies with any local inclusionary housing ordinances adopted by the local agency.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Housing that is subject to any form of rent or price control through a local public entity’s valid exercise of its police power.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The lot proposed to be subdivided is not located on a site that is any of the
following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Land under conservation easement.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The proposed subdivision complies with all applicable standards established pursuant to Section 65852.28.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The parcel already contains an existing legally permitted
residential structure.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The parcel is reserved for internal circulation, open space, or common area.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding Sections 65852.21 and 66411.7, those sections shall not apply to a site that meets both of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The applicable local government has an adopted housing element that is compliant with applicable law.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a parcel map or a tentative and final map
for a housing development project approved pursuant to this section shall be exempt from the requirement to obtain a public report from the Department of Real Estate pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code, provided that the development otherwise complies with applicable state and local health and safety standards.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The exemption in paragraph (1) shall apply solely for purposes of streamlining the sale or conveyance of starter homes and small-lot residential units and shall not limit the authority of the Department of Real Estate to enforce consumer protection, disclosure, or antifraud provisions under state law.
</html:p>
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