Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions by 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, and the modification of those maps.
Existing law, the Housing Accountability Act, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record.
This bill would specify that no tentative or final map shall be required for the creation of a parcel or parcels necessary for the development of a small lot subdivision for a housing development project, as defined in the Housing Accountability Act, that meets specified criteria, including that the site is an infill site, as defined, is located in an urbanized area or urban cluster, as defined, and the proposed site to be subdivided is no larger than 5 acres, among other requirements. The bill would authorize a city, county, or city and county to provide by ordinance for the creation of a small lot subdivision if that ordinance meets the same requirements or requires smaller lots, less parking, or greater density than those requirements.
Existing law limits a local ordinance that requires improvements for a subdivision consisting of 4 or fewer lots from imposing regulations other than the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements of the parcels being created.
This bill would make those limitations applicable to small lot subdivisions, as specified.
Existing law requires the legislative body of a city and county to deny approval of a tentative map or parcel map for which a tentative map was not required if it makes specified findings, including that the proposed map is not consistent with applicable general and specific plans, as specified.
This bill would make those provisions inapplicable when a subdivision is for a housing development project, as defined, and would instead require the legislative body to approve a tentative map or parcel map for which a tentative map was not required if substantial evidence in the record supports making one of specified findings, including that the proposed map is consistent with objective standards contained in applicable general and specific plans and all applicable zoning and design review standards, as specified.
Existing law, the California Environmental Quality Act (CEQA) , requires a local agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposed to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would exempt from CEQA the adoption of an ordinance by a city or county to implement the provisions of the bill relating to small lot subdivisions.
Because this bill would impose additional duties on local agencies, the 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 3234: 66411.1 GOV, 66426 GOV, 66428 GOV, 66474 GOV
02/21/20 - Introduced: 66411.1 GOV, 66426 GOV, 66428 GOV, 66474 GOV
05/04/20 - Amended Assembly: 66411.1 GOV, 66426 GOV, 66428 GOV, 66474 GOV
AB3234: 66411.1 GOV, 66426 GOV, 66428 GOV, 66474 GOV