SB 1123, remainder parcel

[PE_PLS]

SB 1123, the Starter Home Revitalization Act (SHRA) allows up to 10 lots to be created with some limitations. One of the limitations is that the existing parcel is vacant. A workaround has been proposed that allows a SFR on an existing lot with a house, where a designated remainder parcel is created for the existing house, thereby making the parcel to be subdivided "vacant". See attached opinion regarding this method.

First off, do you think this opinion is valid and binding throughout CA?

Second, using this method could you create a Designated Remainder, with a single vacant lot, in essence a one lot subdivision?

Thanks,
Dylan

[steffan]

I don’t believe the DHCD letter represents a binding legal precedent. However it does appear to point out what seems to be a pretty clear and practical intent of the SMA regarding remainder (i.e. “omitted”) parcels and existing land uses and structures. I don’t see an agency having any success trying to deny use of the remainder lot clause if push came to shove.
I believe the answer to your 2nd question is yes. 66424.6 has long been a vehicle to divide a parcel into 1 smaller lot plus an omitted remainder.