(a) 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: (1) (A) 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). (B) 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). (2) The lot proposed to be subdivided meets all of the following sets of requirements: (A) The lot is one of the following: (i) Zoned to allow multifamily residential dwelling use. (ii) Vacant and zoned for single-family residential development. For purposes of this paragraph, âvacantâ 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 âvacant:â (I) 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. (II) Housing that is subject to any form of rent or sales price control through a local public entityâs valid exercise of its police power. (III) 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. (B) (i) A lot zoned to allow multifamily residential dwelling use is no larger than five acres and is substantially surrounded by qualified urban uses. (ii) 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. (iii) For purposes of this subparagraph, the following definitions apply: (I) âQualified urban useâ has the same meaning as defined in Section 21072 of the Public Resources Code. (II) âSubstantially surroundedâ has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code. (C) The lot is a legal parcel located within one of the following: (i) An incorporated city, the boundaries of which include some portion of an urbanized area. (ii) 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. (iii) For purposes of this subparagraph, the following definitions apply: (I) âUrbanized areaâ 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. (II) âUrban clusterâ 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. (D) 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. (3) (A) Except as specified in subparagraphs (B) and (C), the newly created parcels are no smaller than 600 square feet. (B) If the parcels are zoned for single-family residential use, the newly created parcels are no smaller than 1,200 square feet. (C) A local agency may, by ordinance, adopt a smaller minimum parcel size subject to ministerial approval under this subdivision. (4) The housing units on the lot proposed to be subdivided are one of the following: (A) Constructed on fee simple ownership lots. (B) Part of a common interest development. (C) Part of a housing cooperative, as defined i
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.