Senate Bill 684 (SB 684), signed into law by Governor Newsom in late 2023 with the full text of the law having gone into effect on July 1st, 2024. SB 684 aims to revise existing law over small lot subdivisions to make the process more efficient, granting ministerial approval to certain small lot subdivision projects. SB 684 only applies to parcels that are:
- Zoned for multifamily residential uses.
- Less than five acres (217,800 square feet).
- In an urban area.
- Not in a flood or fire zone, or land conserved for environmental purposes.
- Without existing rental or rent-controlled housing that would need to be demolished.
- The parcel must have public water and municipal sewer access.
Additionally, SB 684 extends only to projects that subdivide the parcel into a maximum of 10 smaller parcels, with a maximum of 10 total units. There are no affordability requirements for these units, but the parcels must be at least 600 square feet (sf) each and the units are capped at an average habitable area of 1,750 sf. However, the law does allow municipalities to adopt ordinances that lower the minimum parcel size. Density is restricted to either the existing Zoned Density or what’s known as “Mullin Density,” which is 30 dwelling units (du) per acre in urban areas and 20 du per acre in suburban areas. Projects can use the greater of the two to apply as the maximum. The units can be held under various ownership models: fee simple, common interest development, a housing cooperative, or a community land trust.
Municipalities are not required to approve ADUs as part of the project, as that could potentially double the unit count.
Another bonus of the law is that it prevents municipalities from imposing additional standards to SB 684 projects, a tactic previously used by municipalities to reduce the effectiveness of SB 9. Municipalities are barred from imposing development standards that are greater than the following:
- 4-foot side setbacks.
- 4-foot rear setbacks.
- One parking space is required per unit, and it can be uncovered.
- No setbacks between units can be required greater than the California Building Code’s requirement.
- For projects of 3 to 7 units, there is a minimum Floor Area Ration (FAR) standard of 1.
- For projects of 8 to 10 units, the minimum FAR standard is 1.25
A bill currently in committee, SB 1123, aims to update and revise SB 684. It would expand SB 684 to vacant lots in single-family zones, which would greatly increase its applicability. It also expands the kinds of homeownership allowed by the bill to include tenancies in common. Finally, it aims to clarify and streamline aspects of SB 684, further increasing the bill’s effectiveness.
Please click here for the full law.
How can Pattern Planning & Development Inc. help you with SB 684 projects?
We can use our extensive experience in subdivisions to help you identify if your project is eligible for SB 684 or density bonuses and, if so, help you maximize your project’s potential. We have the knowledge and connections to get your project through the bureaucratic process in an efficient and speedy manner. Additionally, we can review your title and records to identify any potential issues that may create constraints such as easements, habitat or viewshed protections, and utility issues that may come up.