City of Encinitas
Everything You Need to Know About SB-684 Development in Encinitas
California’s updated housing rules make it easier to build several homes on a single property. The changes speed up the approval process and allow developers to wait until construction is complete before paying certain fees. SB-684 encourages building "middle housing," such as small apartment buildings, by simplifying approvals for projects with up to 10 homes on urban lots smaller than 5 acres. Starting July 1, 2024, cities like Encinitas will start accepting applications under SB-684, creating new opportunities for urban development. The law is designed to help turn qualifying properties into affordable housing with flexible options for renting or selling in popular areas.
What is SB-684 and how does it affect properties in Encinitas?
Senate Bill 684, or SB-684 streamlines the process for approving small housing projects in California. It applies to developments with up to 10 units on urban lots smaller than 5 acres. Local officials have 60 days to decide on these projects, bypassing public hearings and detailed reviews. Some regulations, including the California Environmental Quality Act (CEQA), are waived.
The current status of SB-684
Since SB-684 is relatively new and not widely known, many people may be unfamiliar with it, and applicants could face challenges due to limited resources and understanding.
CityStructure contacted the city's planning department, and on November 7, 2024, Hoger, Encinitas' planning department staff, clarified to the CityStructure team when we reached out to her, that:
"City of Encinitas doesn’t not have any ordinance regrading SB-684 and there has been a revise to the Bill (SB-1123)."
In this case, implementing this bill requires compliance with state regulations.
Understanding state requirements and applying them fully can help handle these challenges. Clear guidance on navigating these rules will help applicants maximize SB-684.
What can homeowners build under SB-684 in Encinitas?
What are the lot limitations under SB-684?
SB-684 applies to properties that are up to 5 acres in size and allow them to be subdivided into a maximum of 10 parcels. Each parcel has to be a minimum of 600 square feet.
What is the size limitation for the new units?
In Encinitas, SB-684 restricts new housing units to a maximum of 1,750 square feet.
What are the setbacks?
Setbacks require at least 4 feet from both the side and rear property lines.
What is the parking requirement under SB-684?
In Encinitas, SB-684 requires each unit to have one off-street parking space. However, this requirement may be waived if the property is within half a mile of a major transit stop or a highly accessible 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 zones designated for multi-family housing or vacant lots within single-family residences.
How Does SB-1123 or Senate Bill 1123 Impact SB-684?
Senate Bill 1123 expands the scope of SB-684 by allowing the construction of as many as 10 small residences not only in multi-family areas but also on vacant lots in single-family neighborhoods. This adjustment promotes affordable housing and increases opportunities for homeownership in areas that had previously enforced more strict rules.
Do the environmental requirements or overlays on the lot restrict the property development under SB-684?
Yes, environmental regulations can impose restrictions. Land that is classified as prime farmland, wetlands, or allocated for agriculture and hazardous waste cannot be subdivided unless it has been approved for residential use or meets certain state safety standards. Additionally, properties involved in conservation agreements or that provide habitats for protected species are not eligible for development. These rules aim to protect crucial land and wildlife.
Can you build in high-risk CEQA zones?
Possibly, but there are several restrictions to consider:
- Fire Hazard Zones: Building is prohibited in regions identified as high fire risk by state maps or the Department of Forestry and Fire Protection.
- Earthquake Fault Zones: Development on active earthquake fault lines is not allowed unless the project adheres to strict earthquake safety standards.
- Flood Zones: Building in flood-prone areas is restricted unless the site meets floodplain management standards or federal flood control regulations.
- Floodways: Construction in floodways requires a certification to ensure it won't exacerbate flood risks.
Is it allowed to demolish an affordable unit?
No, affordable housing units protected by agreements, regulations, or laws designed to keep rents low for low-income families cannot be demolished or modified.
What are the restrictions on ownership and development after completing a project under SB-684?
Are the rights of current tenants protected?
Yes, tenants' rights should be protected. Projects cannot demolish or change units with rent or price controls set by Encinitas City. This includes homes that were occupied in the past 5 years, even if they are now empty or have been demolished. Properties that were taken off the rental market under the Ellis Act in the last 15 years are also affected by these rules.
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 developments to go through a ministerial approval process. This means local authorities review applications based on set criteria without the need for public hearings or discretionary reviews. This streamlined process is for projects that meet specific requirements, including a designated number of residential units and compliance with zoning and density regulations.
What are objective standards?
Objective standards are clear rules set by local authorities to direct how housing projects should be planned and built. These regulations include guidelines on zoning, land use, and design elements. They are intended to be straightforward and not overly restrictive, so as not to hinder meeting density goals or impose additional demands like larger setbacks or extra parking beyond standard building codes.
How much does the permit cost?
The fees for planning and construction permits differ based on the number of lots and housing units involved in a project. Beginning on May 20, 2024, new legislation (SB-937) will enable developers to defer certain fees until they obtain an occupancy certificate, potentially reducing upfront expenses.
What are the steps to get the permits?
To obtain permits under SB-684 in Encinitas, follow these steps:
1. Verify Eligibility
Ensure your property is properly zoned, is less than 5 acres, and meets all the requirements.
Check zoning eligibility for your property instantly.
2. Submit Tentative Map Application
Apply for a tentative map, specifying that it is for SB-684.
3. Review Process
The City of Encinitas will assess your application and provide a decision within 60 days. If your application is rejected, you’ll get feedback. If no decision is made within this period, your application is deemed approved.
4. File Final Map Application
After approval of the tentative map, apply for the final map.
5. Apply for a Building Permit
File separate applications for building permits. These permits can be issued before the final map is officially recorded, as long as certain conditions are met.
6. Meet Approval Conditions
Fulfill all the conditions required 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 Encinitas City?
This analysis outlines the differences between SB-684 and SB-9 in Encinitas. It covers how each regulation affects unit sizes, setbacks, lot dimensions and quantities, density, and areas where development is allowed, offering a detailed view 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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