Gov. Code, § 65852.28

Added by Stats. 2026, Ch. 1006, Sec. 3.3. (SB 1090) Effective September 30, 2026. Effective January 1, 2027, pursuant to Sec. 7 of Stats. 2026, Ch. 1006. Operative January 1, 2030, by its own provisions.

(a) 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.

(b) (1) 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.

(2) 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:

(A) (i) Physically precludes the development of a project that includes at least as many units as the maximum number of parcels that may be subdivided on the lot pursuant to paragraph (3) of subdivision (a) of Section 66499.41.

(ii) Physically precludes a development pursuant to this section from including additional units or floor area where permitted by any objective zoning standards, objective subdivision standards, and objective design standards that uniformly apply to development within the underlying zone.

(iii) 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 this paragraph.

(iv) Notwithstanding clause (i) or (ii), 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.

(B) 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.

(C) Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).

(D) Requires that parking be enclosed or covered.

(E) Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.

(F) Imposes a front setback from the original lot line greater than 10 feet or internal setbacks between the newly created parcels, except as required in the California Building Standards Code (Title 24 of the California Code of Regulations).

(G) Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.

(H) Imposes a floor area ratio standard that is less than 1.25.

(c) (1) A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.

(2) 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.

(3) (A) An application for a housing development project submitted pursuant to this section shall be eligible for concurrent processing with an application for a parcel map or a tentative and final map for a housing development project submitted pursuant to Section 66499.41.

(B) (i) A local agency may condition the issuance of a building permit, grading permit, or certificate of occupancy upon the applicant first obtaining approval and recording a parcel map or a tentative and final map for a housing development project pursuant to Section 66499.41.

(ii) A local agency may deem a building permit or other postentitlement permit application incomplete and require revisions to the building permit or other postentitlement permit in response to any comments from the local agency or other reviewing agencies regarding the parcel map’s or tentative and final map’s compliance with applicable state or local development and building standards.

(d) 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.

(e) 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.

(f) This section shall be interpreted liberally in favor of producing the maximum number of total housing units.

(g) This section shall become operative on July 1, 2024.

(h) (1) Notwithstanding subdivision (a), this section shall not apply to a housing development project that is located in ZIP Code 91001 or 91003 if the application is submitted on or after October 1, 2026.

(2) This subdivision shall not apply to either of the following:

(A) A proposed housing development for which a development application or preliminary application was submitted before October 1, 2026, if all of the following conditions are met:

(i) The applicant submits an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5 within 180 days after October 1, 2026.

(ii) If the public agency determines that the application for the development project submitted pursuant to clause (i) is not complete, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the application shall expire and have no further force or effect.

(iii) A public agency shall not take any action that would preclude or impair a development proponent that submitted an application before October 1, 2026, from submitting an application pursuant to this subparagraph. For the purposes of this subdivision, an application will be deemed to have been submitted if the applicant submitted the application in writing.

(B) A proposed housing development that meets all of the following criteria:

(i) One hundred percent of the units have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.

(ii) The units shall be subject to a recorded deed restriction for a period of at least 55 years for rental units and at least 45 years for owner-occupied units.

(iii) The development proponent is an entity that is at least one of the following:

(I) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

(II) A qualified nonprofit corporation, as described in Section 214.15 of the Revenue and Taxation Code.

(III) A nonprofit housing sponsor or nonprofit corporation, as described in Section 50091 of the Health and Safety Code, whose primary purpose is the development, ownership, or operation of affordable rental housing.

(i) (1) The amendments made to this section by the act adding this paragraph shall become operative on July 1, 2025.

(2) The amendments made to this section by the act adding this paragraph shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.

(j) This section shall become operative on January 1, 2030.

Inoperative January 1, 2027, pursuant to Sec. 7 of Stats. 2026, Ch. 1006.

(a) 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.

(b) (1) 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.

(2) 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:

(A) (i) 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.

(ii) 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.

(B) 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.

(C) Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).

(D) Requires that parking be enclosed or covered.

(E) Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.

(F) Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.

(G) (i) For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0.

(ii) For a housing development project consisting of 8 to 10 units, inclusive, impose a floor area ratio standard that is less than 1.25.

(c) (1) A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.

(2) 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.

(d) 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.

(e) 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.

(f) This section shall become operative on January 1, 2030.

Repealed as of January 1, 2030, by its own provisions.

(a) Except as provided in subdivision (h), 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.

(b) (1) 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.

(2) 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:

(A) (i) Physically precludes the development of a project that includes at least as many units as the maximum number of parcels that may be subdivided on the lot pursuant to paragraph (3) of subdivision (a) of Section 66499.41.

(ii) Physically precludes a development pursuant to this section from including additional units or floor area where permitted by any objective zoning standards, objective subdivision standards, and objective design standards that uniformly apply to development within the underlying zone.

(iii) 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 this paragraph.

(iv) Notwithstanding clause (i) or (ii), 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.

(B) 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.

(C) Requires a setback between the units, except as required in the California Building Code (Title 24 of the California Code of Regulations).

(D) Requires that parking be enclosed or covered.

(E) Imposes side and rear setbacks from the original lot line inconsistent with subparagraph (B) of paragraph (2) of subdivision (b) of Section 65852.21.

(F) Imposes a front setback from the original lot line greater than 10 feet or internal setbacks between the newly created parcels, except as required in the California Building Standards Code (Title 24 of the California Code of Regulations).

(G) Imposes parking requirements inconsistent with paragraph (1) of subdivision (c) of Section 65852.21.

(H) Imposes a floor area ratio standard that is less than 1.25.

(c) (1) A local agency shall ministerially consider, without discretionary review or a hearing, an application submitted to a local agency pursuant to this section.

(2) 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.

(3) (A) An application for a housing development project submitted pursuant to this section shall be eligible for concurrent processing with an application for a parcel map or a tentative and final map for a housing development project submitted pursuant to Section 66499.41.

(B) (i) A local agency may condition the issuance of a building permit, grading permit, or certificate of occupancy upon the applicant first obtaining approval and recording a parcel map or a tentative and final map for a housing development project pursuant to Section 66499.41.

(ii) A local agency may deem a building permit or other postentitlement permit application incomplete and require revisions to the building permit or other postentitlement permit in response to any comments from the local agency or other reviewing agencies regarding the parcel map’s or tentative and final map’s compliance with applicable state or local development and building standards.

(d) 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.

(e) 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.

(f) This section shall be interpreted liberally in favor of producing the maximum number of total housing units.

(g) This section shall become operative on July 1, 2024.

(h) (1) Notwithstanding subdivision (a), this section shall not apply to a housing development project that is located in ZIP Code 91001 or 91003 if the application is submitted on or after October 1, 2026.

(2) This subdivision shall not apply to either of the following:

(A) A proposed housing development for which a development application or preliminary application was submitted before October 1, 2026, if all of the following conditions are met:

(i) The applicant submits an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5 within 180 days after October 1, 2026.

(ii) If the public agency determines that the application for the development project submitted pursuant to clause (i) is not complete, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the application shall expire and have no further force or effect.

(iii) A public agency shall not take any action that would preclude or impair a development proponent that submitted an application before October 1, 2026, from submitting an application pursuant to this subparagraph. For the purposes of this subdivision, an application will be deemed to have been submitted if the applicant submitted the application in writing.

(B) A proposed housing development that meets all of the following criteria:

(i) One hundred percent of the units have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.

(ii) The units shall be subject to a recorded deed restriction for a period of at least 55 years for rental units and at least 45 years for owner-occupied units.

(iii) The development proponent is an entity that is at least one of the following:

(I) A community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

(II) A qualified nonprofit corporation, as described in Section 214.15 of the Revenue and Taxation Code.

(III) A nonprofit housing sponsor or nonprofit corporation, as described in Section 50091 of the Health and Safety Code, whose primary purpose is the development, ownership, or operation of affordable rental housing.

(i) (1) The amendments made to this section by the act adding this paragraph shall become operative on July 1, 2025.

(2) The amendments made to this section by the act adding this paragraph shall become operative on January 1, 2027, only with respect to applications received pursuant to this section by a local agency on or after January 1, 2027.

(j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.