City of Poway
Everything You Need to Know About SB-684 Development in Poway
To help meet the rising demand for "middle housing," California has changed its land use regulations. These updates are designed to make it easier to add more housing units to a single property, speed up the approval process, and allow developers to hold off on paying permit fees until construction is finished or the property is ready for occupancy. Under the new SB-684 law, projects with up to 10 units on urban lots smaller than 5 acres will go through a faster approval process. Beginning July 1, 2024, cities like Poway will need to start accepting applications for developments that comply with SB-684 guidelines.
What is SB-684 and how does it affect properties in Poway?
Senate Bill 684, or SB-684 simplifies the approval process for smaller housing projects in California. It applies to developments with up to 10 units on urban parcels smaller than 5 acres. Local officials have 60 days to make a decision on these projects and can do so without public hearings or discretionary reviews. Regulations like those under the California Environmental Quality Act (CEQA) do not apply.
The current status of SB-684
Because SB-684 is a recent law that not many people know about, it can be challenging to understand and use, especially with limited guidance available.
CityStructure contacted the city's planning division, and on November 7, 2024, Stan Donn, Poway’s city planner, clarified to the CityStructure team when we reached out to him, that:
"Poway follows the state regulations."
To get the most benefit from this law, it's important to understand the state’s requirements and apply them correctly. Clear, simple instructions can help applicants take full advantage of what SB-684 has to offer.
What can homeowners build under SB-684 in Poway?
What are the lot limitations under SB-684?
SB-684 applies to properties of up to 5 acres, allowing them to be divided into no more than 10 parcels. Each parcel should have a minimum size of 600 square feet.
What is the size limitation for the new units?
In Poway, SB-684 restricts new housing units to a maximum size of 1,750 square feet.
What are the setbacks?
Setbacks require a minimum distance of 4 feet from the side and rear property lines.
What is the parking requirement under SB-684?
In Poway, SB-684 requires one off-street parking space per unit. This requirement may be modified if the property is located within half a mile of a major transit stop or a well-served 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?
In Poway, SB-684 applies to areas designated for multi-family housing or vacant lots within single-family housing.
How Does SB-1123 or Senate Bill 1123 Impact SB-684?
Senate Bill 1123 broadens the applicability of SB-684, allowing the development of as many as 10 small houses not only in multi-family areas but also on vacant lots in single-family areas. This adjustment promotes the creation of affordable housing options and enhances homeownership prospects in locations that once enforced more strict regulations.
Do the environmental requirements or overlays on the lot restrict the property development under SB-684?
Yes, environmental rules can impose limits on development. Land categorized as prime farmland, wetlands, agricultural areas, or hazardous waste sites usually cannot be subdivided unless it has been officially approved for residential use or complies with state safety standards. Additionally, properties with conservation agreements or designated as habitats for protected species are not eligible for development.
Can you build in high-risk CEQA zones?
Possibly. however, building in high-risk CEQA zones in Poway City has specific restrictions:
Fire Hazard Zones
Construction is not allowed in areas marked as high fire risk by state maps or the Department of Forestry and Fire Protection.
Earthquake Fault Zones
Development is prohibited on active fault lines unless it meets earthquake safety codes.
Flood Zones
Building in flood-prone areas is limited unless it follows floodplain management or federal flood control guidelines.
Floodways
Development in floodways requires certification to ensure it does not increase flood risks.
Is it allowed to demolish an affordable unit?
No, in Poway, affordable housing units protected by agreements, regulations, or laws intended to keep rents affordable for low-income residents 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, tenant rights are protected. Units with rent or price controls set by Poway City cannot be demolished or altered. This protection applies to homes that have been rented in the past 5 years, regardless of their current status, and to properties that were removed from the rental market under the Ellis Act within 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?
Under SB-684, projects might be eligible for a ministerial approval process. This approach allows local authorities to evaluate applications based on straightforward criteria, without the requirement for public hearings or discretionary reviews. This streamlined process applies to developments that fulfill specific criteria, including the number of units and compliance with zoning and density regulations.
What are objective standards?
Objective standards are defined guidelines set by local authorities to direct the planning and building of housing projects. They address factors like zoning, lot division, and design elements. These rules are meant to be straightforward and not overly restrictive, ensuring that projects can still meet density goals without imposing additional requirements, such as larger setbacks or more parking than what typical building codes require.
How much does the permit cost?
The expenses associated with obtaining planning and construction permits vary based on the number of lots and residential units included in the project. As of May 20, 2024, a new law (SB-937) will allow developers to delay specific fees until they secure an occupancy certificate, which could help lower upfront costs.
What are the steps to get the permits?
To get permits under SB-684 in Poway City, follow these steps:
1. Verify Eligibility: Ensure your property is properly zoned, under 5 acres, and meets all requirements.
Check zoning eligibility for your property instantly.
2. Submit Tentative Map: Apply for a tentative map and specify that it's for SB-684.
3. Review Process: The City of Poway will review your application and make a decision within 60 days. If denied, you'll receive feedback. If no decision is made within 60 days, your application is automatically approved.
4. Submit Final Map: After the tentative map is approved, file a final map application.
5. Apply for Building Permits: Request building permits, which may be issued before the final map is recorded if certain conditions are met.
6. Meet Conditions: Fulfill all conditions of 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 Poway City?
This comparison highlights the key differences between SB-684 and SB-9 in Poway. It details how each policy influences factors like unit sizes, setbacks, lot dimensions, the number of lots, density, and allowed development zones, providing a clear view of their effects on local development.
Apply SB-684 rules to your property to see what you can build, the cost, and return.
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