What is Senate Bill 1123 (SB 1123)?
This law, also known as SB 684, provides a ministerial process to subdivide qualifying multifamily-zoned parcels or vacant single-family-zoned parcels into up to 10 parcels and develop up to 10 primary dwelling units. Jurisdictions generally cannot require parcel dimensions beyond statutory minimums, setbacks between units except as required by the Building Code, enclosed parking, or a homeowners’ association.
What parcels are eligible for SB 1123 projects in Santa Cruz County?
Parcels eligible for subdivision under SB 1123 must meet the following criteria:
- Zone district: The parcel must either be zoned to allow multifamily residential dwelling use or be vacant and zoned for single-family residential development.
- Parcel size:
- Single-family: A parcel zoned for single-family residential development must be vacant and no larger than 1½ acres.
- "Vacant" means no permanent structure, unless structure is abandoned and uninhabitable.
- Multifamily: A parcel zoned to allow multifamily residential use must be no larger than five acres.
- Urban location: At least 75% of the parcel perimeter must adjoin, or be separated by an improved public right-of-way from, parcels developed with qualified urban uses.
- Infrastructure: All new parcels must be served by a public water system and municipal sewer system.
- Environmental constraints: The parcel must not be located on protected farmland, wetlands, certain fire hazard severity zones, hazardous waste sites, protected-species habitat, conservation lands, or certain flood or earthquake fault areas.
What development requirements apply to SB 1123 projects?
Projects eligible for SB 1123 must meet the following criteria:
- Number of parcels/dwelling units:
- Maximum: 10 parcels and 10 primary dwelling units. Under AB 130, one additional remainder parcel may retain existing uses or structures but cannot contain new residential units.
- Minimum: If the parcel is identified in the Housing Element, the project must provide at least the projected number and affordability level of units. Otherwise, the project must achieve at least 66% of the maximum density allowed by zoning or 66% of the applicable state default density (20 du/ac), whichever is greater.
- Average total area of habitable floor area: Does not exceed 1,750 net habitable square feet.
- Minimum lot size: Multifamily = No less than 600 square feet. Single-family = No less than 1,200 square feet.
- Ownership structure: Units may be on fee-simple lots, within a common-interest development or housing cooperative, on community land trust property, or part of a tenancy in common.
- Development standards: Projects must comply with applicable objective zoning, subdivision, and design standards that are consistent with state law and do not physically preclude the required density.
- Demolition: SB 1123 projects cannot require demolition of deed restricted affordable housing, rent-controlled housing, housing occupied by a tenant within the last 5 years, or rental housing that was withdrawn within the last 15 years per Chapter 12.75 of Division 7 of the California Government Code.
- Affordability: SB 1123 projects are subject to the inclusionary housing requirements of Santa Cruz County Code Chapter 17.10.