California Planning and Zoning Law requires a city or county to adopt a general plan for land use development which includes also the housing element. The main difference between SB-9 and SB-10 is the zoning type where they are applicable. SB-9 applies ONLY to single-family zoned lots. As opposed to SB-10 which applies to parcels zoned for multi-family buildings if the parcel is located in a transit-rich area or an urban infill site. Here you can check the zoning type for your property.
How does SB-10 applies to real estate properties ?
- This housing development becomes a permitted use, not subject to a conditional use permit,
- Can be developed on any parcel zoned for multifamily housing for up to 10 units of residential density per parcel,
- Certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years,
- The project needs to meet conditions relating to location (i.e local height restrictions) and being subject to a discretionary decision other than a conditional use permit, and
- Additional incentives intended to facilitate and expedite the construction of affordable housing.
First, start by checking how the zoning regulations influence the value of your property.
What “High-quality bus corridor” means?
“High-quality bus corridor” means is a corridor with fixed route bus service that meets all of the following criteria:
- It has average service intervals of no more than 15 minutes during the three peak hours between 6 a.m. to 10 a.m., inclusive, and the three peak hours between 3 p.m. and 7 p.m., inclusive, on Monday through Friday.
- It has average service intervals of no more than 20 minutes during the hours of 6 a.m. to 10 p.m., inclusive, on Monday through Friday.
- It has average intervals of no more than 30 minutes during the hours of 8 a.m. to 10 p.m., inclusive, on Saturday and Sunday.
What “Transit-rich area” means?
“Transit-rich area” means a parcel within one-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or a parcel on a high-quality bus corridor.
What is an “Urban infill site” ?
“Urban infill site” is a site that satisfies all of the following:
- A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
- A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
- A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
California offers the option go through a streamlined permit process if the homeowners add more units on their single-family property. You can out if your project is eligible for the streamline permitting process under Senate Bill 9 (SB9) and how much you could build on the property by going through this check list.
How to get permits fast?
Where SB-10 does not apply?
- Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This paragraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
- Any local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land, as defined in subdivision (h) of Section 65560, or for park or recreational purposes.
This is just a quick summary. Please read more about SB-10 here ...
