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Everything You Need to Know About SB-684 Development in Malibu
California is updating its land use policies to increase the number of units allowed on each property, simplify the permitting process, and offer developers the option to delay permit fees until the construction is finished or the occupancy certificate is granted. SB-684 is a central part of a wider effort to promote middle housing, making it easier to gain approval for projects featuring up to 10 units on urban lots smaller than 5 acres. Beginning July 1, 2024, cities such as Malibu will be obligated to process applications for projects that meet SB-684's criteria.
What is SB-684 and how does it affect properties in Malibu?
SB-684 is a recent legislation in California created to simplify and fast-track the approval of small housing developments. It targets projects with a maximum of 10 units on properties that are less than 5 acres in size. The law requires that local authorities should decide on these developments within 60 days, eliminating the need for public meetings or thorough assessments. It also exempts some environmental restrictions to help accelerate the process.
The current status of SB-684
The CityStructure team reached out to Malibu's planning department on November 4, 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 Malibu?
What are the lot limitations under SB-684?
SB-684 applies to lots that are 5 acres or smaller. When dividing the property, each new lot should have a minimum area of 600 square feet.
What is the size limitation for the new units?
In Malibu, homes built under SB-684 can reach a maximum size of 1,750 square feet.
What are the setbacks?
New buildings should be set back at least 4 feet from both the side and rear property lines.
What is the parking requirement under SB-684?
In Malibu, Each new home is required to have at least one off-street parking space unless the property is within half a mile of a major transit station or in an area with convenient public transportation access.
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?
In Malibu, SB-684 applies to properties zoned for multi-family residential use, as well as vacant lots within single-family home neighborhoods.
How Does SB-1123 or Senate Bill 1123 Impact SB-684?
While SB-684 streamlines approval for small housing developments in multi-family zones, SB-1123 expands the scope by allowing up to 10 homes on vacant lots designated for single-family homes, particularly in areas with easy access to key community services. This update is intended to enhance affordable housing availability and promote homeownership in regions with limited housing options.
Do the environmental requirements or overlays on the lot restrict the property development under SB-684?
Yes, environmental regulations can limit development locations. Properties on hazardous waste sites, wetlands, important agricultural land, or farmland face restrictions unless the land is designated for residential purposes or adheres to state safety standards. Conservation areas and wildlife habitats are typically off-limits to prevent ecosystem harm.
Can you build in high-risk CEQA zones?
Development in high-risk CEQA zones may be allowed but comes with specific restrictions. In Malibu, these conditions include:
1. No development in areas marked as Very High Fire Severity Zones by the Department of Forestry and Fire Protection or state maps.
2. Restrictions apply to active fault lines, requiring compliance with earthquake safety codes.
3. Any construction in flood zones should follow federal flood control laws.
4. Developments in floodways should be certified to ensure they don't increase flood risks.
Is it allowed to demolish an affordable unit?
No, SB-684 prohibits the demolition of affordable housing units in Malibu, ensuring that properties intended for low-income residents remain protected and cannot be removed 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, the rights of existing tenants are protected. New construction projects cannot involve the destruction or alteration of:
- Properties are regulated by the City of Malibu’s rent or price control laws.
- Properties have been rented in the last 5 years, even if they are empty or demolished.
- Properties that have eliminated rental units 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?
SB-684 developments require a ministerial permit. This permit allows local authorities to approve projects based on set guidelines, removing the need for public hearings or thorough evaluations. As long as the project complies with zoning regulations and density rules, it can be swiftly approved.
What are objective standards?
Objective standards are clearly defined criteria set by local authorities for residential projects. These standards address zoning, lot subdivision, and design features, without requiring additional conditions like larger setbacks or extra parking spaces beyond the typical requirements.
How much does the permit cost?
The cost of planning and building permits varies depending on the project's size. Starting May 20, 2024, SB-937 allows developers to defer certain impact fees until the project is finished and ready for occupancy, giving more flexibility in managing costs.
What are the steps to get the permits?
To secure permits under SB-684 in Malibu, follow these steps:
1. Confirm eligibility. Make sure the property meets zoning requirements, is less than 5 acres in size, and meets all other necessary conditions.
Check zoning eligibility for your property instantly.
2. Submit a Request for the Tentative Map. Begin by submitting your tentative map request, ensuring it’s identified as part of the SB-684 project.
3. City Review and Decision. The City of Malibu will review your application and respond within 60 days. If your application is rejected, they will provide reasons and recommend improvements. If there is no decision after 60 days, the application will be considered automatically approved.
4. Submit Final Map Approval Request. Once the preliminary map is approved, move forward with requesting final map approval.
5. Apply for Building Permits. You may apply for building permits before the final map is officially recorded, as long as all required conditions are met.
6. Meet Conditions and Record the Final Map. Complete any outstanding conditions and record the final map to officially 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 Malibu City?
Here’s a comparison of SB-684 and SB-9 in Malibu, highlighting the differences in setback rules, allowable lot and unit sizes, and the designated areas where new development is approved.
Apply SB-684 rules to your property to see what you can build, the cost, and return.
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