Housing development: streamlined approvals.

Senator Wiener's housing development legislation revises California's ministerial approval process, expanding streamlined permitting while increasing minimum unit sizes and adjusting affordability requirements. The bill modifies several key provisions of existing law to accelerate housing production.

The legislation requires local agencies to ministerially approve housing developments containing up to two residential units on lots with single-family homes, regardless of homeowner association restrictions. It increases the minimum unit size requirement from 800 to 1,750 net habitable square feet and prohibits impact fees on units under that threshold. For larger units, impact fees must be charged proportionally.

The bill adjusts affordable housing requirements, reducing the percentage of below-market units needed to qualify for streamlined approval from 50% to 20%. In the San Francisco Bay Area, projects can alternatively dedicate 20% of units to households earning below 100% of area median income, with average affordability at 80%.

For urban lot splits, the legislation removes existing restrictions on minimum lot sizes and previous subdivisions. Local agencies must process applications within 60 days and cannot impose standards that would prevent construction of 1,750-square-foot units on newly created parcels. The bill also prohibits excessive driveway width requirements and provides flexibility on access methods.

The Department of Housing and Community Development gains oversight authority to review local ordinances implementing these provisions. Agencies must submit ordinances within 60 days of adoption for compliance review. The department can notify the Attorney General if localities fail to address identified deficiencies.