Official Summary Text
SB 1116, as amended, Caballero.
Planning and zoning: housing development projects: subdivisions.
(1) 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.
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. Existing law authorizes a local agency to adopt an ordinance to implement these requirements.
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.
This bill would further require a local agency to submit a copy of an adopted ordinance to the Department of Housing and Community Development (HCD) within 60 days after adoption and would authorize HCD to submit written findings as to the ordinance’s compliance with law. The bill would prescribe additional procedures for a local agency’s response to HCD’s findings. The bill would make these changes effective for applications received by local agencies on or after January 1, 2027.
(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
1,7500
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). Existing law authorizes a local agency to adopt an ordinance to implement
these provisions, as provided.
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 require a local agency to approve or deny an application for a final map for a housing development project submitted to a local agency within 60 days, as described. The bill would also require a local agency that adopts an ordinance to implement the above-described provisions to submit a copy to HCD, as provided. The bill would permit HCD 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, among other things, submit a copy to HCD, as described.
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 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.
(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) 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.