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<ns0:Id>20250SB__111699INT</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-17</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Caballero</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Caballero</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 65400, 65852.28, 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 projects: subdivisions.</ns0:Subject>
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<html:p>
(1)
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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 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 prohibits a local agency from imposing on a housing
development on a lot subdivided as specified 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. However, with respect to certain lots, existing law allows a local agency to impose a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.</html:p>
<html:p>This bill would require the height limits under these provisions to apply exclusively to the physical height of a building rather than the number of floors. The bill would additionally prohibit a local agency from imposing specified front or internal setbacks or imposing a standard that has the effect of physically precluding the construction of up to the number of units allowed for by minimum lot sizes, as provided. The bill would require that the above-described provisions relating to ministerial approval of housing developments
on certain subdivided lots be interpreted liberally in favor of producing the maximum number of total housing units.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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. Among these requirements, existing law requires that the lot be substantially surrounded by qualified urban uses, as defined, and not exceed specified size limits that vary based on the zoning of the lot and whether it is vacant. Existing law also requires that newly created parcels under these provisions be no smaller than 600 square feet, or in the case of parcels zoned for single-family use, 1,200 square feet, except as specified, and that the average total area of floorspace for specified units not exceed 1,7500 net habitable square feet, defined to include stair space. Existing law authorizes a local agency
to adopt an ordinance to implement these provisions, as provided.
</html:p>
<html:p>This bill would, instead of requiring that specified lots are substantially surrounded by qualified urban uses, require those lots meet one of several other requirements under specified law. The bill would allow a newly created parcel on a plot zoned for multifamily housing to be as small as 480 square feet or 960 square feet, if specified conditions are met. The bill would provide that, where lot size averaging is used to create smaller parcels, no new parcel is more than 50% of the size of the original parcel, except as specified. The bill would also revise the definition of “net habitable square feet” for the above-described purposes to exclude stairs and enclosed bicycle parking.</html:p>
<html:p>This bill would also require a local agency that adopts an ordinance to implement the above-described provisions to submit a copy to the Department of Housing and Community
Development, as provided. The bill would permit the department to submit written findings to the local agency as to whether the ordinance is compliant, as specified. The bill would provide that an ordinance is null and void if a local agency fails to submit a copy to the department or if a local agency does not amend a noncompliant ordinance in response to the department’s findings, as specified.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Office of Land Use and Climate Innovation and the Department of Housing and Community Development that contains
specified information, including the number of units of housing demolished and new units of housing 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.
</html:p>
<html:p>This bill would require a local agency to additionally include in its annual report specified information about housing development projects approved pursuant to the above-described provisions relating to subdivisions and ministerial approval.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
By imposing additional duties on local agencies, this bill would impose a state-mandated local program.
</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_3D8CA0D9-2588-4B46-B646-5B9A235120A6">
<ns0:Num>SECTION 1.</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'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65400.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 65400 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_5B818E6A-A57C-4C76-9F88-2B23E5452E6F">
<ns0:Num>65400.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The status of the plan and progress in its implementation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The number of housing development applications received in the prior year, including both of the following, when applicable:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Whether each housing development application is subject to a ministerial or discretionary approval process.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The number of units included in all development applications in the prior year.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The number of units approved and disapproved in the prior year, which shall include all of the following subcategories:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The number of units located within an opportunity area.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The number of units approved and disapproved for very low income households within each opportunity area.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The number of units approved and disapproved for lower income households within each opportunity area.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
The number of units approved and disapproved for moderate-income households within each opportunity area.
</html:p>
<html:p>
(VII)
<html:span class="EnSpace"/>
The number of units approved and disapproved for above moderate-income households within each opportunity area.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
The following information with respect to density bonuses granted in accordance with Section 65915:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The number of density bonus applications received by the city or county.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The number of density bonus applications approved by the city or county.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The location of the project.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The number of units in the project.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The number of units in the project that are rental housing.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The number of units in the project that are for-sale housing.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Whether the housing development project has been entitled.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Whether a building permit has been issued for the housing development project.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The number
of units in the housing development project.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
The following information with respect to housing development projects under Section 65913.16:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The number of applications submitted under Section 65913.16.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The location and number of developments approved under Section 65913.16.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The total number of building permits issued pursuant to Section 65913.16.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The total number of units constructed under Section 65913.16 and the income category of those units.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The total number of housing units approved for demolition during the year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The total number of housing units demolished during the year.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For each approved or completed demolition, all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The date the demolition was approved.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The total number of rental and ownership units demolished or approved for demolition.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The number, by income level, of protected units, as defined in subdivision (h) of Section 66300.5, demolished or approved for demolition.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
A description of any approved uses on the site.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(Q)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The entity that is developing the replacement units.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The anticipated completion date of the replacement units.
</html:p>
<html:p>
(R)
<html:span class="EnSpace"/>
The following information with respect to housing development projects under Sections 65852.28 and 66499.41:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The number of applications submitted under Sections
65852.28 and 66499.41.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The location and number of developments approved under Sections 65852.28 and 66499.41.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The total number of building permits issued pursuant to Sections 65852.28 and 66499.41.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The total number of units constructed under Sections 65852.28 and 66499.41 and the income category of those units.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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.
</html:p>
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<ns0:BillSection id="id_70607D33-E68F-48E6-831A-46B4389B03CF">
<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:LawSection id="id_4EC2B49F-E2E4-4729-8E5B-A99E811D5743">
<ns0:Num>65852.28.</ns0:Num>
<ns0:LawSectionVersion id="id_56110AB4-1CA9-4D8A-8D84-9B1AA20AA18B">
<ns0:Content>
<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. Height limits shall apply exclusively to the physical height of the building and shall not restrict the number of floors.
</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 a front setback from the original lot line greater than 10 feet or internal setbacks between the newly created parcels.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.
</html:p>
<html:p>
(H)
<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>
(I)
<html:span class="EnSpace"/>
Has the effect of physically precluding the construction of up to the number of units allowed for by the minimum lot sizes on the parcel pursuant to paragraph (3) of subdivision (a) of Section 66499.41 or that would physically preclude any units from realizing the floor area ratios specified in subparagraph (H).
</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>
(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 be interpreted liberally in favor of producing the maximum number of total housing units.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2024.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_01697E78-A14E-4653-B066-5A7B936544E1">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 66499.41 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_FB102864-1DE9-4835-A070-9F4D61EFD50D">
<ns0:Num>66499.41.</ns0:Num>
<ns0:LawSectionVersion id="id_1F7F8AF3-5B9E-4108-979D-F6585A74313A">
<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 meets the requirements of
paragraph (3) of subdivision (a) of Section 21080.66 of the Public Resources Code.
</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 that meets the requirements of paragraph (3) of subdivision(a) of Section 21080.66 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), (C), and (D), 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"/>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Where lot size averaging is used to create smaller parcels, no new parcel 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).
</html:p>
<html:p>
(D)
<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, hall, service, and storage areas, but excluding stairs, enclosed bicycle parking, 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.
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<html:p>
(b)
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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:
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<html:p>
(1)
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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)
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(A)
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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).
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<html:p>
(B)
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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.
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<html:p>
(c)
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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.
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<html:p>
(d)
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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.
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<html:p>
(e)
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(1)
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(A)
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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:
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<html:p>
(i)
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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)
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The parcel already contains an existing legally permitted residential structure.
</html:p>
<html:p>
(iii)
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The parcel is reserved for internal circulation, open
space, or common area.
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<html:p>
(iv)
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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)
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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).
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<html:p>
(C)
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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).
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<html:p>
(2)
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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)
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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.
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<html:p>
(g)
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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).
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<html:p>
(h)
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(1)
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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.
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<html:p>
(2)
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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)
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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)
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The applicable local government has an adopted housing element that is compliant with applicable law.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
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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>
(2)
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A local
agency shall submit a copy of the ordinance adopted pursuant to this subdivision to the Department of Housing and Community Development, hereafter referred to in this subdivision as “the department,” within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
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If the department determines that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 45 days, to respond to the findings before taking any other action authorized by this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall amend the ordinance to comply with this section.
</html:p>
<html:p>
(4)
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If the local agency does not amend its ordinance in response to the department’s findings, that ordinance shall be null and void and the department may notify the Attorney General that the local agency is in violation of state law.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If a local agency fails to submit a copy of its ordinance to the department within 60 days of adoption pursuant to this subdivision, that ordinance shall be null and void and the local agency shall apply the standards
established in this section, including, but not limited to, the requirements of subdivisions (a) to (d), inclusive, and Section 65852.28, including, but not limited to, the requirements of subdivisions (a) to (c), inclusive, of Section 65852.28, unless and until the agency adopts an ordinance that complies with this section.
</html:p>
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<ns0:Num>SEC. 4.</ns0:Num>
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<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
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.
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