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Everything You Need to Know About SB-684 Development in Carlsbad
To address the increasing demand for "middle housing," California has made changes to its land use rules. These updates are created to make it easier to build more homes on each property, speed up approvals, and allow developers to delay paying for permits until the construction is complete or the property is ready for occupancy. The new SB-684 law streamlines the approval process for projects with up to 10 units on urban lots smaller than 5 acres. Beginning July 1, 2024, cities like Carlsbad will have to accept applications for developments that follow the guidelines set by SB-684.
What is SB-684 and how does it affect properties in Carlsbad?
Senate Bill 684, or SB-684, streamlines the approval process for smaller housing projects in California. It applies to developments with up to 10 units on urban lots smaller than 5 acres. Local officials are expected to make decisions on these projects within 60 days, without the need for public hearings or lengthy reviews. Additionally, some regulations, like those from the California Environmental Quality Act (CEQA), do not apply.
The current status of SB-684
SB-684 is a new law that not many people are familiar with, which makes it hard for many to understand and use, especially with limited resources available.
CityStructure contacted the city's planning department, and on August 29, 2024, Teodora Gutierrez, Carlsbad’s planning technician, clarified to the CityStructure team when we reached out to her, that:
"Since it’s a fairly new law, currently our department is researching and putting together an information for SB-684 to explain the process and requirements for properties in Carlsbad, no ordinance has been adopted, or code and applicants should follow state guidelines."
To make the most of this law, it's important to grasp the state's rules and how to apply them properly. Clear and simple guidance can help applicants get the full benefits of SB-684.
What can homeowners build under SB-684 in Carlsbad?
What are the lot limitations under SB-684?
SB-684 applies to properties up to 5 acres, allowing division into up to 10 parcels. Each parcel needs to be at least 600 square feet.
What is the size limitation for the new units?
Under SB-684 in Carlsbad, the largest size allowed for new housing units is 1,750 square feet.
What are the setbacks?
Setbacks require leaving 4 feet of space from both the side and rear property lines.
What is the parking requirement under SB-684?
Under SB-684 in Carlsbad, each unit is generally required to have one off-street parking space. However, this requirement may be waived if the property is located within half a mile of a major transit stop or a high-quality transit area.
How many units can you have on your property following SB-684 restrictions?
Who and which properties qualify for SB-684?
Which zoning districts are eligible for SB-684?
SB-684 applies to areas designated for both multi-family housing or vacant lots within single-family residences.
How Does SB-1123 or Senate Bill 1123 Impact SB-684?
SB-1123 broadens SB-684 by allowing the construction of up to 10 small homes not only in multi-family areas but also on vacant lots in single-family neighborhoods. This change supports affordable housing and provides more opportunities for homeownership in areas that previously had stricter rules.
Do the environmental requirements or overlays on the lot restrict the property development under SB-684?
Yes, environmental rules can limit property development. Land classified as prime farmland, wetlands, or hazardous waste sites—unless cleared for residential use—or land used for agriculture cannot be divided. Properties with conservation agreements or that serve as habitats for protected species are also off-limits for development. These regulations are designed to protect important land and wildlife.
Can you build in high-risk CEQA zones?
Maybe. Building in high-risk CEQA zones may be subject to restrictions. Here’s an overview of the limitations:
- Fire Hazard Zones: Construction is prohibited in areas marked as high fire risk by state maps or the Department of Forestry and Fire Protection.
- Earthquake Fault Zones: Development on active fault lines is not allowed unless it meets strict earthquake safety standards.
- Flood Zones: Building in areas prone to flooding is restricted unless it complies with floodplain management or federal flood control regulations.
- Floodways: Development in floodways requires certification to ensure it won’t increase flood risks.
Is it allowed to demolish an affordable unit?
No, affordable housing units that are protected by agreements, regulations, or laws guaranteeing low rents for low-income households cannot be demolished or altered.
What are the restrictions on ownership and development after completing a project under SB-684?
Are the rights of current tenants protected?
Yes, the rights of existing tenants are secured. Housing developments cannot demolish or alter units that have rent or price restrictions imposed by Carlsbad City. This protection covers homes that were rented within the past 5 years, even if they are now vacant or have been demolished. Additionally, properties that were taken off the rental market under the Ellis Act in the last 15 years are also covered by these restrictions.
How do you get permits for a project under SB-684?
What type of permit applies to a development under SB-684?
SB-684 allows certain developments to use a ministerial approval process. This means local officials evaluate applications based on established standards without public hearings or lengthy reviews. This efficient process is available for projects that meet specific criteria, including the number of residential units and compliance with zoning and density rules.
What are objective standards?
Objective standards are specific rules set by local authorities that guide the design and construction of housing projects. These rules cover zoning, land division, and design features. They are meant to be clear and practical, ensuring that projects can meet density goals without unnecessary hurdles, such as larger setbacks or additional parking requirements beyond standard building codes.
How much does the permit cost?
The cost of planning and building permits depends on the number of lots and residential units in a project. Starting May 20, 2024, a new law (SB-937) will allow developers to delay some fees until they receive an occupancy certificate, helping to reduce upfront costs.
What are the steps to get the permits?
To secure permits under SB-684 in Carlsbad, you should follow these steps:
1. Checking Eligibility
Verify that your property is zoned appropriately, is 5 acres or smaller, and meets all the necessary criteria.
Check zoning eligibility for your property instantly.
2. Submit Tentative Map Application
Submit an application for a tentative map, specifying that it pertains to SB-684.
3. Review Process
Carlsbad will evaluate your application and make a decision within 60 days. If the application is not approved, you will be given feedback. If a decision is not made within the 60-day timeframe, the application is considered approved.
4. Submit Final Map Application
After getting approval for the tentative map, file for the final map.
5. Apply for Building Permits
File applications for building permits. These can be issued before the final map is officially recorded, as long as certain conditions are fulfilled.
6. Meet Approval Conditions
Fulfill all required conditions for approval and record the final map to complete the subdivision process.
How fast can a project be completed under SB-684?
This information outlines the different phases of the project along with their respective durations.
Feasibility Study with deciding the final scope of the project:
- Maximum of 3 days using CityStructure Analysis
Secure Financing: 2 to 3 weeks
Hiring the Team: 2 weeks
Design Process:
- Schematic Design: 1-2 months
- Permit Set / Design Development Drawing Set: 2-3 months
- Construction Drawing Set: 2-3 months
Entitlements and Building Permits: 9 to 15 months with the possibility of extending further due to departmental backlogs
Construction:
- Single Family House/Duplex: 1 year
- Multifamily: 2 years
How does SB-684 compare with SB-9 in Carlsbad City?
This analysis highlights the differences between SB-684 and SB-9 in Carlsbad. It looks at how each regulation affects factors like unit sizes, setbacks, lot sizes, the number of units, density, and where development is allowed, providing a clear overview of their impact on local development.
Apply SB-684 rules to your property to see what you can build, the cost, and return.
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