Why this matters: A loophole allowed local agencies to designate neighborhoods as “historic districts” barring additional housing by ordinance. Now, that local loophole is removed. Parcels in historic districts may now be subdivided and each lot constructed with a duplex.
Streamlined, ministerial approval for lot splits mandated
Current law allows homeowners to convert their single family residential (SFR) property into duplexes and for single family zoned parcels to subdivide into two lots, creating four homes on what before was a single lot and home. The objective is to infill urban areas with efficient housing conditions. [Calif. Government Code §66411.7]
Additionally, the lot subdivision is required to undergo objective and ministerial approval by the local agency. Thus, no local discretionary review is allowed to set up a workaround to politically interfere with added housing.
Previous versions of the law prohibited parcels located in a state or local historic district from taking advantage of the lot splitting permitted by the Government Code.
Now, with the passage of Assembly Bill (AB) 1061, owners of SFR zoned property in historic districts are allowed to subdivide their parcels. However, individual parcels designated as state or local historical landmark property may not take advantage of this new rule for historical districts created by local ordinance. [Gov C §66411.7(a)(E)]
Further, the proposed urban lot split may not require demolition or alteration of:
- a contributing structure located within a state or local historic district; or
- an existing exterior structural wall of a structure located within a state or local historic district. [Gov C §66411.7(a)(F)]
This change to the Government Code is intended to close loopholes where local agencies designate their neighborhood as a historic district to prevent new development. Now, historic districts are eligible for lot splits and duplex conversion, provided no demolition to historical structures occurs.
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