SB 1123 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 1123	CA	2024	D	Allow lot split, By-right zoning, Density Increases, Lot Size Requirements, Streamline hearings

Provided by Furman

Summary

Acknowledges that California’s severe housing shortage has driven up costs and pushed homeownership out of reach for many residents. These impacts fall disproportionately on people of color. Increasing housing production, especially for for-sale homes, is critical to improving affordability and closing the homeownership gap.
Amends Section 65852.28 to clarify that if a development is on a lot that meets the specific criteria referenced in Section 66499.41(a)(2)(A)(ii), the local government is allowed to apply a height limit–but that height limit cannot be lower than what the property’s existing zoning already allows.
Amends Section 66499.41 to say that a lot proposed to be subdivided must be either zoned to allow multifamily or be vacant and zoned for single-family.

Housing subject to affordability restrictions, rent or price controls, or that was occupied by tenants within the previous five years is not considered vacant for purposes of this provision.

Adds that if a parcel for development is not identified in the city or county’s housing element, the project has to build at least two-thirds of the higher density standard–the local one or the state one.
Defines “net habitable square feet” as enclosed floor space that is suitable for standing.
Clarifies that a subdivision cannot create a situation where an existing dwelling unit can be sold or transferred separately from the rest of the property.

Provided by lawmakers