Under the Planning and Zoning Law, the legislative body of a county or city 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 requires a local agency to consider ministerially a specified proposed housing development or to ministerially approve a parcel map for an urban lot split if the development or parcel meets specified requirements, including, that the development or parcel is not located within a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or historic property pursuant to city or county ordinance, as specified. The law authorizes a local agency to impose specified objective standards on the development or parcel created by an urban lot spit.
This bill would, if the other specified requirements are met, instead require a local agency to consider ministerially a proposed housing development or ministerially approve an urban lot split if the development or proposed urban lot split is not located within a historic landmark property included on the State Historical Resources Inventory or within a site that is designated or listed as a city or county landmark pursuant to a city or county ordinance. The bill would additionally require that the development or proposed urban lot split not require demolition of specified structures that are included on the State Historic Resources Inventory or designated or listed as a historic resource pursuant to city or county ordinance. The bill would additionally authorize a local agency to adopt objective standards on the development or parcel that prevents adverse impact on a property that is included on the State Historic Resources Inventory and would apply the federal Secretary of Interior's Standards for Rehabilitation in the absence of objective standards. 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.
Statutes affected: AB 1061: 65852.21 GOV, 66411.7 GOV
02/20/25 - Introduced: 65852.21 GOV, 66411.7 GOV