SB1090 - Planning and zoning: housing development projects: urban lot splits: subdivisions: 2025 Eaton Wildfire: Altadena.

Amended IN Assembly August 20, 2026 Amended IN Assembly August 19, 2026 Amended IN Assembly July 02, 2026 Amended IN Assembly June 22, 2026 Amended IN Assembly June 10, 2026 Amended IN Senate April 30, 2026 Amended IN Senate March 25, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1090 Introduced by Senator Pérez (Principal coauthor: Assembly Member Harabedian) February 13, 2026 An act to amend, repeal, and add Sections 65852.28 and 66499.41 of the Government Code, relating to land use, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 1090, as amended, Pérez. Planning and zoning: housing development projects: urban lot splits: subdivisions: 2025 Eaton Wildfire: Altadena. 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 authorizes a development proponent to submit an application for a housing development project on a subdivided lot, as specified, that meets specified requirements, and requires a local agency to ministerially consider that application, as specified. Existing law requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements. This bill would, until January 1, 2030, provide that the above-described ministerial approval requirements do not apply to an application for a proposed housing development or map located in ZIP Code 91001 or 91003 and submitted on or after October 1, 2026, except as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the unincorporated area known as Altadena in the County of Los Angeles. This bill would incorporate additional changes to Section 65852.28 of the Government Code proposed by AB 2601 and SB 1116 to be operative only if this bill and either or both AB 2601 and SB 1116 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 66499.41 of the Government Code proposed by AB 2601 and SB 1116 to be operative only if this bill and either or both AB 2601 and SB 1116 are enacted and this bill is enacted last. This bill would declare that it is to take effect immediately as an urgency statute. Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature that: (a) The provisions of this bill create a moratorium on submitting new townhome development applications under the Starter Home Revitalization Act of 2021 (Chapter 8 (commencing with Section 66499.40) of Division 2 of Title 7 of the Government Code) on sites impacted by the Eaton Fire in the 91001 and 91003 ZIP Codes and only apply prospectively. (b) The provisions of this bill shall have no force or effect on any application for a Starter Home Revitalization Act of 2021 (Chapter 8 (commencing with Section 66499.40) of Division 2 of Title 7 of the Government Code) development submitted prior to the effective date of the moratorium. The applicants and the sites associated with premoratorium applications are no less entitled to the provisions and privileges of the Starter Home Revitalization Act of 2021 (Chapter 8 (commencing with Section 66499.40) of Division 2 of Title 7 of the Government Code) than any other site in the state that is not located in the 91001 and 91003 ZIP Codes. SEC. 2. Section 65852.28 of the Government Code is amended to read: 65852.28. (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 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 July 1, 2024. (g) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2025. (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) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. SEC. 2.1. Section 65852.28 of the Government Code is amended to read: 65852.28. (a) 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 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. (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 pos [Text truncated for display. Full text available on Congress.gov.]