Housing development: streamlined approvals.

Senator Wiener's housing development legislation expands ministerial approval requirements while establishing new standards for local oversight of residential construction in California. The bill modifies existing law to require streamlined approval for two-unit developments on single-family lots and lots zoned for up to four units, overriding common interest development restrictions.

The legislation increases the minimum unit size requirement from 800 to 1,750 net habitable square feet and revises setback standards, limiting them to four feet from side and rear lot lines. Local agencies must apply permitting requirements uniformly within zones and cannot impose deed restrictions on rent levels. The bill also prohibits impact fees on developments under 1,750 square feet and requires proportional fees for larger projects.

For urban lot splits, the bill removes the requirement that one parcel be at least 40% of the original lot size and eliminates owner-occupancy requirements. Local agencies cannot impose driveway width requirements exceeding those applied uniformly in the underlying zone. The legislation maintains exemptions for properties damaged by earthquakes or other catastrophic events.

The Department of Housing and Community Development gains new oversight authority, with local agencies required to submit housing ordinances within 60 days of adoption for compliance review. The department can require amendments to non-compliant ordinances. For developments in the coastal zone, the bill preserves coastal development permit requirements while ensuring standards remain consistent with streamlined approval provisions.

The legislation applies to all California cities, including charter cities, reflecting the Legislature's determination that these changes address matters of statewide concern rather than municipal affairs. Local agencies retain authority to levy service charges and fees to offset implementation costs, with no state reimbursement required.