Housing
Subdivision Map Act: action or proceeding
SB 1256 bars certain repeat Subdivision Map Act lawsuits over a previously litigated, approved large mixed-income housing project.
The law limits follow-on map-law challenges when substantially the same issues were already fully resolved in a CEQA case involving the same parties and defendant. It applies only to a narrowly defined category of large housing projects.
What the law does
- Prevents a Subdivision Map Act action from proceeding when it substantially duplicates a fully adjudicated CEQA case begun before January 1, 2019, against the same defendant and involving the same or legally connected parties.
- Limits the rule to lead-agency-approved projects with at least 400 mixed-income homes, a project labor agreement, and a location in unincorporated territory of a county with 3 million to 4 million residents.
- Preserves timely objections to an agency's return to a writ, timely separate actions concerning the project, and map-law claims needed to enforce CEQA mitigation measures.
- Preserves local agencies' obligations to follow Subdivision Map Act procedures.
- Repeals the restriction on January 1, 2032.
Who it affects
- Developers and owners of qualifying large mixed-income housing projects.
- Parties seeking to challenge subdivision-map decisions after litigating substantially similar CEQA claims.
- Local agencies approving and administering subdivision maps.