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Everything You Need to Know About SB-684 Development in San Marcos
To help address the demand for "middle housing," California has updated its land use rules. These changes are meant to make it easier to add more housing units on a single property, speed up the approval process, and let developers wait to pay permit fees until construction is complete or the property is ready for occupancy. The new SB-684 law streamlines approval for projects with up to 10 units on urban lots under 5 acres. Starting July 1, 2024, cities like San Marcos will be required to accept applications for projects that meet SB-684 standards.
What is SB-684 and how does it affect properties in San Marcos?
Senate Bill 684, or SB-684 simplifies the approval process for small-scale housing projects in California. It applies to developments featuring up to 10 units on urban parcels under 5 acres in size. Local authorities are required to make decisions on these projects within 60 days, eliminating the need for public hearings and discretionary reviews. Additionally, certain regulations, such as the California Environmental Quality Act (CEQA), are not applicable.
The current status of SB-684
Since SB-684 is a new law that few people are aware of, it can be difficult to understand and apply, especially with minimal guidance currently available.
CityStructure contacted the city's planning department, and on August 29, 2024, Regina Williams, San Marcos’ planning technician, clarified to the CityStructure team when we reached out to her that:
"The City does not have a separate ordinance relating to SB-684 and would adhere to CA State regulations on these types of applications."
To make the most of SB-684, it’s essential to grasp the state requirements and apply them accurately. Straightforward, clear instructions can help applicants fully benefit from the opportunities SB-684 provides.
What can homeowners build under SB-684 in San Marcos?
What are the lot limitations under SB-684?
SB-684 applies to properties with a maximum size of 5 acres, allowing them to be divided into up to 10 parcels. Each parcel should be at least 600 square feet.
What is the size limitation for the new units?
For new housing units under SB-684 in San Marcos, the maximum allowable size is 1,750 square feet.
What are the setbacks?
Setbacks require at least 4 feet of space from both the side and rear property lines.
What is the parking requirement under SB-684?
For SB-684 in San Marcos, each unit must have one off-street parking space. This requirement can be waived if the property is within half a mile of a major transit stop or a high-quality 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 intended for both multi-family housing or vacant lots within single-family housing.
How Does SB-1123 or Senate Bill 1123 Impact SB-684?
Senate Bill 1123 expands the provisions 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 enables the availability of affordable housing and improves the potential for homeownership in areas that previously had more strict restrictions.
Do the environmental requirements or overlays on the lot restrict the property development under SB-684?
Yes, environmental regulations can restrict property development. Land that is identified as prime farmland, wetlands, or hazardous waste sites unless it has been cleared for residential use, or used for agricultural purposes cannot be subdivided. Additionally, properties under conservation agreements or serving as habitats for protected species are not eligible for development. These rules are in place to protect valuable land and wildlife.
Can you build in high-risk CEQA zones?
It depends because buildings in high-risk CEQA zones may be restricted. Here’s a breakdown of the limitations:
- Fire Hazard Zones: Construction is not allowed in areas designated as high fire risk according to state maps or the Department of Forestry and Fire Protection.
- Earthquake Fault Zones: Building on active fault lines is not allowed unless the project adheres to strict earthquake safety standards.
- Flood Zones: Construction in flood-prone areas is restricted unless it meets floodplain management or federal flood control requirements.
- Floodways: Building in floodways requires certification to ensure that the project won’t worsen flood risks.
Is it allowed to demolish an affordable unit?
No, affordable housing units protected by agreements, regulations, or laws that ensure low rents for low-income families 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, the rights of current tenants are protected. Housing projects cannot demolish or alter units with rent or price restrictions set by San Marcos City. This protection applies to homes that were occupied within the last 5 years, regardless of whether they are now vacant or have been demolished. Properties that were removed from the rental market under the Ellis Act in the past 15 years are also subject to these restrictions.
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 certain projects to undergo a ministerial approval process. This means local officials review applications based on set criteria, avoiding public hearings and discretionary evaluations. This streamlined process applies to projects that satisfy particular conditions, such as a specific number of residential units and adherence to zoning and density regulations.
What are objective standards?
Objective standards are detailed regulations set by local authorities to direct the design and construction of housing projects. These standards address zoning, property division, and design requirements. They should not be so stringent that they hinder a project’s ability to achieve density goals or impose additional demands, like increased setbacks or extra parking, beyond what standard building codes require.
How much does the permit cost?
The costs for planning and building permits differ based on the number of lots and housing units in the project. Effective May 20, 2024, a new law (SB-937) will allow developers to postpone certain fees until they receive an occupancy certificate, which may help lessen initial financial responsibilities.
What are the steps to get the permits?
To get permits under SB-684 in San Marcos, follow these steps:
1. Verify Eligibility
Confirm that your property is properly zoned, is no larger than 5 acres, and meets all necessary criteria.
Check zoning eligibility for your property instantly.
2. Submit Tentative Map Application
File an application for a tentative map, clearly indicating it is for SB-684.
3. Review Process
The City of San Marcos will review your application and make a decision within 60 days. If your application is denied, you will receive feedback. If no decision is made within the 60-day period, the application is automatically approved.
4. Submit Final Map Application
Once the tentative map is approved, apply for the final map.
5. Apply for Building Permits
Submit your building permit applications. These can be issued before the final map is officially recorded, provided specific conditions are met.
6. Meet Approval Conditions
Complete all necessary conditions for approval and record the final map to finalize the subdivision.
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 San Marcos City?
This analysis outlines the differences between SB-684 and SB-9 in San Marcos. It looks at how each regulation affects aspects like the size of units, setbacks, lot sizes and quantities, density, and the areas where development is allowed, offering a thorough understanding of their impacts on local development.
Apply SB-684 rules to your property to see what you can build, the cost, and return.
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