City of Oceanside
Everything You Need to Know About SB-684 Development in Oceanside
To address the growing need for "middle housing," California has revised its land use rules. These updates aim to make it simpler to build additional homes on each property, speed up approvals, and allow developers to delay permit fees until construction is complete or the property is ready to be occupied. Under the new SB-684 law, projects with up to 10 units on urban lots under 5 acres will have a faster approval process. Starting July 1, 2024, cities such as Oceanside should begin accepting applications for developments that meet SB-684 requirements.
What is SB-684 and how does it affect properties in Oceanside?
Senate Bill 684, or SB-684 simplifies and speeds up approval for small housing projects in California. It applies to projects with 10 or fewer units on urban lots less than 5 acres. Local agencies have 60 days to approve these projects without public hearings or detailed reviews, and they’re exempt from some rules like the California Environmental Quality Act (CEQA).
The current status of SB-684
Since SB-684 is a fairly new law that few are familiar with, many people find it challenging to navigate, especially given the limited information available.
CityStructure contacted the city's planning division, and on August 27, 2024, Lydia Grego, Oceanside’s planner, clarified to the CityStructure team when we reached out to her, that:
"The City must follow state regulations regarding SB-684. It has not been added to local code, and applicants should use state regulations."
To take full advantage of this law, it’s essential to know the state's rules and understand how to apply them properly. Straightforward, easy-to-follow guidance can help applicants make the most out of SB-684’s opportunities.
What can homeowners build under SB-684 in Oceanside?
What are the lot limitations under SB-684?
SB-684 applies to lots up to 5 acres. You can divide these lots into 10 or fewer parcels. Each new parcel needs to be at least 600 square feet.
What is the size limitation for the new units?
In Oceanside under SB-684, new housing units cannot be larger than 1,750 square feet.
What are the setbacks?
There should be a setback of up to 4 feet from the side and rear property lines.
What is the parking requirement under SB-684?
SB-684 requires up to one off-street parking space per unit. However, if the property is within half a mile of a major transit stop or a high-quality transit area, this parking requirement may not apply.
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?
The zoning areas where this development is allowed are those designated for either multi-family housing or vacant lots within single-family buildings.
How Does SB-1123 or Senate Bill 1123 Impact SB-684?
Senate Bill 1123 expands the reach of 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 areas. This change encourages the growth of affordable housing and improves 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 development under SB-684. You cannot subdivide land that's considered prime farmland, wetlands, or land set aside for farming and hazardous waste unless it has been approved for residential use or meets specific safety requirements from state agencies. It also can't be part of a conservation plan or be a habitat for protected species. Land under conservation agreements is also off-limits. These rules help protect important land and wildlife from being developed.
Can you build in high-risk CEQA zones?
Maybe. Building in high-risk CEQA zones involves several restrictions:
Fire Hazard Zones: You can’t build in areas marked as very high fire risk according to state maps or the Department of Forestry and Fire Protection.
Earthquake Fault Zones: Building is not allowed on active earthquake fault lines unless the project meets earthquake safety standards and building codes.
Flood Zones: Building is restricted in flood-prone areas unless the site has been approved for floodplain management or meets federal flood control requirements.
Floodways: Building in floodways requires a no-rise certification to ensure the project does not increase flood risks.
Is it allowed to demolish an affordable unit?
No, it is not allowed to demolish or alter an affordable housing unit. If the unit is protected by a covenant, ordinance, or law that keeps rent low for people with low to very low income, it should be kept as is.
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 tenants are protected. Housing developments cannot demolish or alter the units with rent control or price restrictions set by the City of Oceanside. This also applies to homes that have had tenants in the last 5 years, even if they were vacated or demolished. Additionally, properties removed from the rental market through the Ellis Act in the past 15 years are also off-limits for such changes.
How do you get permits for a project under SB-684?
What type of permit applies to a development under SB-684?
The project may qualify for a ministerial approval permit process. This means the local government approves or denies the application based on a set of clear criteria, without requiring discretionary reviews or public hearings. This process is used for projects that meet specific standards, like a certain number of residential units and compliance with zoning and density regulations.
What are objective standards?
Objective standards are precise rules set by local authorities that dictate how a housing development should be designed and built. These include zoning, land division, and design guidelines. However, these rules should not be so restrictive that they prevent a project from meeting density requirements or impose extra conditions, such as additional setbacks or covered parking, beyond what is typically required by building codes.
How much does the permit cost?
The fees for planning and construction permits depend on how many lots and housing units are part of a project. Beginning May 20, 2024, new legislation (SB-937) will allow developers to postpone certain fees until they obtain an occupancy certificate, potentially reducing initial expenses.
What are the steps to get the permits?
To get permits under SB 684 in Oceanside City, follow these steps:
1. Check Eligibility
Confirm that your property is properly zoned, is not more than 5 acres, and meets all other 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 Oceanside will review your application and make a decision within 60 days. If denied, they will provide feedback. If no decision is made within 60 days, the application is considered approved.
4. File Final Map Application
Once the tentative map is approved, apply for the final map.
5. Apply for Building Permits
Submit separate applications for building permits. Permits can be issued before the final map is recorded, provided certain conditions are met.
6. Fulfill Approval Conditions
Complete all conditions required for the tentative map 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 Oceanside City?
Here is a comparison of SB-684 and SB-9 in Oceanside City. This summary details how each policy impacts aspects such as unit sizes, setbacks, lot dimensions and quantities, unit density, and where development can be built. It offers an understanding of how these regulations shape development within the city.
Apply SB-684 rules to your property to see what you can build, the cost, and return.
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