Planning and zoning: housing development projects: subdivisions.

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.

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, except as specified. The bill would also modify prohibitions relating to density on the lot, among other things. 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.

(2) 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 1,750 net habitable square feet, defined to include stair space. Existing law also requires the lot to be zoned for multifamily residential dwelling use or to be vacant and zoned for single-family residential development (multifamily or vacancy requirement).

This bill would modify these requirements, including by changing the density requirements for the lot. The 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, none of the newly created residential parcels shall be more than 50% of the size of the original parcel, except as specified. The bill would revise the definition of "net habitable square feet" for the above-described purposes to exclude stairs and enclosed bicycle parking and would revise, for purposes of the multifamily or vacancy requirement, the definition of "vacant" to mean having no permanent structure, unless the permanent structure is abandoned or untenantable, as defined.

This bill would make these changes effective for applications received by local agencies on or after January 1, 2027.

(3) 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.

This bill would require, beginning with the report due April 1, 2028, a local agency to additionally include in its annual report specified information about housing development projects received pursuant to the above-described provisions relating to subdivisions and ministerial approval.

Existing law prescribes requirements for the disposal of surplus land by a local agency.

This bill would require a local agency to additionally include in its annual report specified information related to, among other things, the disposal of surplus land.

(4) Existing law provides that specified recorded covenants, conditions, restrictions, or private limits on the use of land contained in specified instruments affecting the transfer or sale of any interest in real property are not enforceable against the owner of certain housing developments, as specified. The Davis-Stirling Common Interest Development Act (act) governs the management and operation of common interest developments. The act sets forth provisions limiting the authority of an association managing such a development, or of the governing documents of such a development or association, to regulate the use of a member's separate interest. The act provides that any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, as described, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets certain requirements is void and unenforceable.

This bill would make unenforceable any covenant, condition, restriction, or other provision contained in any deed, declaration, contract, security instrument, or other instrument affecting the use of real property if it prohibits or would physically preclude the development of a housing project on a subdivided lot, as specified, except for real property that is part of a common interest development.

(5) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(6) This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 1567 to be operative only if this bill and AB 1567 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 65852.28 of the Government Code proposed by AB 2601 and SB 1090 to be operative only if this bill and either or both AB 2601 and SB 1090 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 66499.41 of the Government Code proposed by AB 2601 and SB 1090 to be operative only if this bill and either or both AB 2601 and SB 1090 are enacted and this bill is enacted last.

(7) By imposing additional duties on local agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.