(a) A development proponent may submit an application that allows development of small home lot development, as defined in subdivision (b). (b) A small home lot development for purposes of this section is a development that meets all of the following requirements: (1) The proposed development is located on a lot zoned for multifamily residential development that is no larger than five acres and is substantially surrounded by qualified urban uses. (2) The development proponent proposes to construct single-family housing units on fee simple ownership lots. (3) The proposed development will, pursuant to the requirements of this division, meet one of the following, as applicable: (A) If the parcel is identified in the jurisdictionâs housing element pursuant to Section 65583.2, the development will result in at least as many units as projected for that parcel in the housing element. (B) If the parcel is not identified in the jurisdictionâs housing element, the development will result in at least as many units as the maximum allowable residential density, unless the zoning for the site allows for midrange density. (C) If midrange density is specified for the site, the development will result in at least as many units as are allowed under the midrange density standard. (4) The residential properties within a radius of 500 feet of the site are zoned to have an allowable residential density of less than 30 dwelling units per acre. (5) The site complies with the external existing site front, side, and rear setback requirements. (6) The proposed units comply with existing height limits, if applicable. (7) The jurisdiction has adopted a 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. (8) The proposed site is not identified in the housing element pursuant to Sections 65583 and 65583.2 as a site to accommodate any portion of the jurisdictionâs regional housing need for low-income or very low income households. (9) The average total area of floorspace for the proposed units does not exceed 1,750 net habitable square feet. (10) The development complies with any local inclusionary housing ordinances adopted by the local agency, if applicable. (11) The development of a housing development project on the proposed site to be subdivided does not require the demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entityâs valid exercise of its police power. (C) Housing occupied by tenants within the seven 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. (D) A parcel on which an owner of residential real property has exercised the ownerâs 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. (c) (1) Except as provided in paragraph (2), the local agency may impose conditions upon a small lot development in accordance with this division that are not in conflict with this section. (2) A local agency shall not impose any of the following requirements on a small home lot development: (A) A setback requirement between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations). (B) A minimum requirement on the size of an individual small home lot created by the development. (C) A requirement that parking be enclosed or covered. (D) The formation of a homeownersâ association. (3) A local agency may condition the approval and recor
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