A burned lot you’re selling in Altadena, a purchase you’re considering, or a subdivision application you’re holding after the 2025 Eaton Fire calls for checking which approval path the proposed project depends on.
SB 1090 pauses the by-right path under Government Code Sections 65852.28 and 66499.41 for new applications in ZIP Codes 91001 and 91003 submitted on or after October 1, 2026. The pause runs until January 1, 2030, with exceptions for qualifying pending applications and certain fully affordable projects.
That distinction matters: a restriction on these approvals doesn’t mean you can’t rebuild a home.
What approval path does SB 1090 pause?
SB 1090 removes the ministerial approval requirements under these two sections for covered new applications during the pause.
“Ministerial” means the local agency considers a qualifying application under the specified requirements without discretionary review or a hearing. These sections address housing development on subdivided lots and the associated parcel maps or tentative and final maps.
Senate Bill 1090, Chapter 1006, Statutes of 2026, was approved and filed on September 30, 2026 as an urgency statute taking effect immediately. Its operative application cutoff is October 1, 2026.
For your property, the practical question is specific: does the proposed housing development or map rely on either of these sections?
Why did the Legislature act after the Eaton Fire?
The Legislature said Altadena lacked the protection that SB 684’s exemption provided to very high fire severity areas.
Its urgency finding described a disparity following the January 2025 Eaton Fire in unincorporated Altadena. Although the area was devastated by the fire, the finding said it wasn’t covered by that exemption in the statutes enacted through SB 684.
The bill’s statement of intent describes a prospective moratorium on new townhome development applications under the Starter Home Revitalization Act of 2021 on fire-impacted sites in the two ZIP Codes.
The operative text uses ZIP Codes 91001 and 91003. Don’t assume that establishes a particular parcel’s fire history or location within Altadena. Ask the county to confirm how the rule applies to the property.
Which pending applications have an exception?
A development application or preliminary application submitted before October 1, 2026 can qualify for the pending-project exception if the applicant meets the follow-up deadlines.
The applicant must submit a complete application within 180 days after October 1, 2026. If told the application is incomplete, the applicant must supply the missing information within 90 days of receiving the county’s written list of what is missing. Otherwise, the application expires and has no further force or effect.
An earlier filing date alone isn’t the whole test.
If you hold a pending application, gather the original submission, the filing acknowledgment, any completeness determination, and requests for missing information. Ask Los Angeles County Regional Planning to confirm the dates and status against the exception. Keep the preliminary application and the later complete application distinct when reviewing the record.
What qualifies for the affordable housing exception?
The affordable housing exception requires every unit to meet the specified affordability rules, recorded deed restrictions, and a qualifying nonprofit developer.
Every unit must have an affordable housing cost or affordable rent under the definitions referenced in the statute. The recorded deed restriction must last at least 55 years for rental units and at least 45 years for owner-occupied units.
The developer must also be a community land trust, a qualified nonprofit corporation, or a nonprofit housing sponsor whose primary purpose is affordable rental housing.
Calling a proposal “affordable” doesn’t establish that it qualifies. Ask for the documents supporting each condition, including the recorded restriction and the developer’s qualifying status, before treating this exception as part of a purchase or sale plan.
Does the law stop rebuilding or all lot splits?
No. SB 1090 removes a particular by-right approval path; it doesn’t ban rebuilding a home, ADUs, or ordinary lot splits generally.
That doesn’t establish which other route applies to your project. Bring the parcel and proposed scope to Los Angeles County Regional Planning and ask which approvals should be checked.
If an ADU is part of your plan, the ADU rules guide can help frame a separate review. Don’t use this subdivision pause as the answer to an ADU question.
Also check the current statutory text when reviewing an application. Related 2026 bills may change the exact wording. The pause runs until January 1, 2030, when the versions without the Altadena carve-out are set to return unless the law changes.
What should a seller of a burned lot check?
Before describing subdivision potential, confirm the parcel’s ZIP Code and whether the proposed use depends on the paused sections.
Ask the county for confirmation tied to the specific parcel. Avoid relying only on an Altadena address or a general description of the fire area.
Review any development application records you have. If you’re presenting a pending application as qualifying for an exception, check the submission date, completeness status, and any outstanding request for information.
Keep those records available when explaining the property’s planning status. The California seller disclosure guide provides a separate starting point for disclosure questions. For this law, keep your description concrete: identify the application and its documented status rather than promising an approval outcome.
What should a buyer verify before relying on a plan?
A buyer should verify whether the intended project relies on Government Code 65852.28 or 66499.41 and whether the county confirms that path is available.
Start with the actual plan for the parcel. A general statement that a lot can be subdivided doesn’t answer which statute, application date, or exception supports the proposal.
Request the application records behind any claim that an earlier filing qualifies. Then check the remaining deadlines and completeness questions with the county.
For a broader approach to checking a lot’s legal status, see the land-buying guide. That guide concerns Temecula; use it to organize questions, then obtain parcel-specific answers from Los Angeles County Regional Planning for an Altadena property.
The short version
SB 1090 pauses the specified ministerial subdivision approval path for covered new applications in ZIP Codes 91001 and 91003 until January 1, 2030.
Check the parcel, the approval sections, and the application record before relying on subdivision potential. Earlier applications have deadlines to meet. The affordable housing exception has both project and developer requirements.
For rebuilding or a different proposal, ask Los Angeles County Regional Planning which route applies. This guide is educational, not legal or tax advice.
If you’re also considering a sale, start with the home value tool.
Common questions
When does the SB 1090 pause apply?
Until January 1, 2030, the ministerial approval requirements under Government Code 65852.28 and 66499.41 do not apply to new applications submitted on or after October 1, 2026 in ZIP Codes 91001 and 91003, except as specified.
Does SB 1090 stop you from rebuilding a home?
No. It removes a specific by-right approval path for certain small lot subdivision housing projects. Ask Los Angeles County Regional Planning about other routes for your parcel.
Can an application filed before October 1, 2026 qualify for an exception?
Yes, if a development application or preliminary application was submitted before October 1, 2026 and the applicant meets the complete application and missing information deadlines.
Is there an exception for affordable housing?
Yes. Every unit must meet the specified affordability requirements, recorded deed restrictions must last at least 55 years for rentals or 45 years for owner-occupied units, and the developer must be a specified nonprofit entity.
