What is SB-684 and how does it affect properties in Downey?

SB-684 is a recently passed California law aimed at streamlining approvals for small housing developments statewide. It applies to projects of up to 10 residential units on urban lots under 5 acres. Local governments have a 60-day period to review and approve these applications without public hearings or additional assessments. Certain environmental rules, including some under the California Environmental Quality Act (CEQA), are also waived for these projects, helping to expedite the approval process further.

The current status of SB-684

The CityStructure team reached out to Downey's planning department on August 27, 2024, to clarify how SB-684 will be implemented locally. Given that the law is still new and may require time for review and interpretation, we have not yet received a response. In the meantime, we will follow state regulations and provide updates as more details become available.

What can homeowners build under SB-684 in Downey?

What are the lot limitations under SB-684?

SB-684 applies to properties up to 5 acres in size. If the lot is divided, each resulting lot should be at least 600 square feet.

What is the size limitation for the new units?

Under SB-684 in Downey, new units can be up to 1,750 square feet.

What are the setbacks?

New structures should have a minimum setback of 4 feet from the side and rear property boundaries.

What is the parking requirement under SB-684?

Each unit should provide one off-street parking space in Downey unless it is located within a half-mile of major transit hubs or areas with well-served public transit areas.

How many units can you have on your property following SB-684 restrictions?

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Who and which properties qualify for SB-684?

Which zoning districts are eligible for SB-684?

In Downey, SB-684 applies to multi-family housing areas and vacant lots in zones intended for single-family housing.

How Does SB-1123 or Senate Bill 1123 Impact SB-684?

SB-684 was introduced to simplify approvals for small homes in multi-family zones, while SB-1123 broadens these rules to allow up to 10 homes on vacant lots in single-family zones, especially near key community services. This extension seeks to improve affordable housing access and promote homeownership in areas with limited options.

Do the environmental requirements or overlays on the lot restrict the property development under SB-684?

Yes, environmental restrictions can limit where development can be built. Sites with hazardous waste, wetlands, agricultural land, and prime farmland are typically restricted unless they are approved for residential use or meet state safety standards. Additionally, areas protected by conservation agreements or designated as wildlife habitats are generally off-limits to preserve ecosystems.

Can you build in high-risk CEQA zones?

Yes, but with strict conditions. In Downey, building in high-risk CEQA zones is permitted under these guidelines:

• Construction is prohibited in Very High Fire Severity Zones as identified by state maps or the Department of Forestry and Fire Protection.
• Building on active fault lines in earthquake-prone areas is restricted and requires compliance with safety regulations.
• Development in flood zones should comply with federal flood control standards.
• Projects in floodways require certification to ensure they do not increase flood risks.

Is it allowed to demolish an affordable unit?

No, in Downey, the demolition of affordable units is not allowed under SB-684. Projects cannot involve removing or altering homes that are legally designated to keep rents affordable for low-income residents.

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 current tenants are protected. New construction cannot involve demolishing or altering:

• Homes that have rent or price controls established by the City of Downey.
• Properties that were rented out in the last 5 years, even if they are currently vacant or have been demolished.
• Properties that have removed rental units from the market under the Ellis Act in the past 15 years.

How do you get permits for a project under SB-684?

What type of permit applies to a development under SB-684?

Developments under SB-684 require a ministerial permit. This type of permit allows local authorities to review applications based on clear, set guidelines without the need for public hearings or lengthy assessments. Projects that meet established criteria, such as the allowed number of units and zoning regulations, can be approved more quickly.

What are objective standards?

Objective standards are clear, predefined rules set by local governments for constructing homes. They cover zoning, lot splits, and design specifications without imposing additional conditions like larger setbacks or extra parking spaces beyond what is typically required.

How much does the permit cost?

The fees for Planning and Building permits depend on the number of lots and units in your project. Starting May 20, 2024, SB-937 will allow developers to delay certain impact fees until the project is finished and ready for occupancy, which can help lower financing costs and provide more budget flexibility.

What are the steps to get the permits?

To secure permits under SB-684 in Downey, follow these steps:

1. Verify Eligibility

Ensure your property meets zoning laws, is under 5 acres, and satisfies all other necessary criteria.

Check zoning eligibility for your property instantly.

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2. Submit a Tentative Map Application

Begin by submitting your tentative map application, ensuring it's identified as an SB-684 project.

3. City Review

The City of Downey will assess your application and respond within 60 days. If the application is rejected, they will explain why and provide guidance. If no response is received within the time limit, the application will be approved automatically.

4. Request Final Map Approval

Once the tentative map is approved, you can move forward with requesting approval for the final map.

5. Apply for Building Permits

You can apply for building permits even before the final map is officially recorded, provided you meet certain conditions.

6. Complete Requirements and Record the Final Map

Ensure all outstanding requirements are met and the final map is officially recorded to finalize 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 Downey City?

This comparison highlights the main differences between SB-684 and SB-9 in Downey, focusing on factors such as setbacks, unit, and lot sizes, and the areas eligible for new construction.

Apply SB-684 rules to your property to see what you can build, the cost, and return.

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