SB 684 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 684	CA	2023	D	Deadlines, Density Increases, Lot Size Requirements, Minimum parking requirements, Other streamlining, Planning Requirements, Streamline application, Streamline hearings, Written findings, burden and standard of proof

Provided by Furman

Summary

The first provides for a local ministerial process for consideration of a parcel map or a tentative and final map for certain housing development projects that

Involve subdivisions resulting in 10 or fewer parcels and the housing development project on the subdivided lot will contain 10 or fewer residential units;
Fall on lots already zoned for multifamily residential development;
Involve lots that are not larger than 5 acres and are substantially surrounded by qualified urban uses and would create new subdivided lots that are no smaller than 600 square feet;
Involve subdivided lots that were not created pursuant to a streamlined approval process for parcel map approvals under Section 66499.41 or Section 66411.7;
Would be constructed on fee simple lots, as part of a common interest development, as part of a housing cooperative, or on land owned by a community land trust;
Is identified in the jurisdiction’s housing element and will result in as many units as projected for the housing element, proportional to income requirements outlined in the housing element, or will result in as many units as the maximum allowable residential density;
Involve housing units that do not exceed 1,750 square feet;
Complies with local inclusionary housing ordinances;
Do not involve the demolition or alteration of affordable housing, rent-regulated housing, or housing occupied by tenants within the last five years and does not involve a parcel in which an owner has exercised owner’s rights within the last 15 years to withdraw units from rent or lease; and
Do not fall in designated areas featuring various environmental conditions;

Exempting housing projects subdivided through the ministerial process from various local requirements, including minimum lot sizes and required homeowners associations.
Requiring local agencies to approve applications for ministerial subdivision approval within 60 days from receiving a completed application and deeming projects approved if the local agency does not act within 60 days;
Requiring local agencies to provide written comments stating the reasons for denial;

Affirming that local agencies may impose objective standards to housing development approved pursuant to the ministerial process, except those that

Physically preclude the development to specified minimum densities,
Impose conditions on specific projects based on its use of a ministerial process,
Require a setback between the units,
Require that parking be enclosed or covered,
Impose side and rear setbacks inconsistent with state requirements,
Impose parking requirements inconsistent with state requirements, or
Impose a floor area ration that is less than 1.0 for developments of 3-7 units or a less than 1.25 for developments of 8-10 units;

Requiring local agencies to ministerially consider without hearing applications for housing development projects subject to the ministerial subdivision process within 60 days and deeming projects approved if the local agency does not act within 60 days;
Requiring local agencies to provide written comments stating the reasons for denial;
Allows local agencies to disapprove a project if they make written findings that, based on a preponderance of evidence, the project would have “a specific, adverse impact” upon public health and safety that is not mitigatable or avoidable.

Expanding ministerial review for a parcel map for a housing development project if:

The proposed subdivision includes 10 or fewer parcels and each parcel contains 10 or fewer units;
The subdivided lot is zoned for multifamily residential development, no larger than 5 acres, and is substantially surrounded by qualified urban uses;
The lot is located in a city or urbanized area in a county with a population greater than 600,000;
The lot was not created through a ministerially approved subdivision;
The created parcels met minimum size requirements;
The proposed development either results in:

At least as many units and as many income-restricted units as projected for the parcel within the jurisdiction’s housing element, or
At least as many units as the maximum allowable residential density;

The development does not require demolition or alteration of existing affordable units; and
The subdivided lot is not subject to environmental restrictions.

Exempting housing developments reviewed ministerially from minimum size requirements greater than provided for by the ministerial review process and from requirements to form a common interest community; and
Requiring local agencies to review applications within 60 days from receiving a completed application, otherwise the application shall be deemed approved.