SB 684 & SB 1123 Eligibility Checklist

Determine if your land qualifies for ministerial approval for up to 10 units

Last Updated: January 2026

I. The "Killer" Exclusions (Pass/Fail)

If any of these apply, the site is likely INELIGIBLE.

  • Fire Risk: Located in a "Very High Fire Hazard Severity Zone" (VHFHSZ).
  • Tenant Occupancy: Currently occupied by a tenant, or occupied at any point in the last 5 years.
  • Rent Control / Affordability: Subject to any form of rent control, price controls, or deed-restricted affordability.
  • Ellis Act: Tenants were evicted via the Ellis Act in the last 15 years.
  • Wetlands: Located within a designated wetland.
  • Habitat: Habitat for protected or endangered species.
  • Conservation: Under a conservation easement.
  • Farmland: Designated as "Prime Farmland" or "Farmland of Statewide Importance."
  • Hazardous Waste: Listed on the "Cortese List" (hazardous waste site).
  • Earthquake Zone: In a delineated earthquake fault zone (unless compliant with seismic codes).
  • Flood Zone: In a FEMA 100-year floodplain (unless FEMA-compliant improvements are made).

II. Zoning Path (Select One)

You must meet ALL criteria in one of the paths below.

Path A: Multifamily (SB 684)

  • Zoned for Multifamily (R-2, R-3, R-4) or Mixed-Use
  • Lot size: 5 acres or less
  • Can be vacant or developed (subject to demo rules)
  • New lots must be at least 600 sq. ft.

Path B: Single-Family (SB 1123)

  • Zoned for Single-Family (R-1)
  • Lot size: 1.5 acres or less
  • Can have "remanant" house we block off.
  • New lots must be at least 1,200 sq. ft.

III. Project Design Constraints

The proposed project must adhere to these limits.

  • Unit Count: Total of 10 or fewer residential units.
  • Lot Count: Total of 10 or fewer subdivided parcels.
  • Unit Size: Average floor area does not exceed 1,750 net habitable sq. ft. per unit.
  • Urban Location: Lot is within an incorporated city or Census-designated urbanized area.
  • Infill Status: At least 75% of the site's perimeter adjoins developed urban uses.
  • Density Requirement:
    • If site is in Housing Element: Build at least the density projected by the City.
    • If NOT in Housing Element: Build at least 66% of max allowable density (or 20 units/acre, whichever is lower).

IV. Civil Considerations

Potential civil engineering costs to factor into your feasibility analysis.

1. Frontage Requirements (Public Street Work)

  • Underground overhead lines along entire frontage? ($1,500 - $2,500 / LF)
  • Remove utility pole on property? ($5k - $15k)
  • Is pole a "Junction Pole" (wires in 3+ directions)? ($50k - $100k+)
  • Can we pay "In-Lieu Fees" instead? ($10k - $30k)
  • Install new city-standard street light? ($15k - $25k)

2. Wet Utilities (Water & Sewer)

  • Extend sewer main (>200ft away)? ($40k - $80k)
  • Install new public fire hydrant (nearest >300ft)? ($30k - $50k)

3. Public Right-of-Way (Streets, Curbs & Driveways)

  • New driveway curb cut? ($8k - $12k)
  • Close/demolish unused driveway curb cut? ($4k - $6k)
  • Relocate utility box/guy wire for driveway? ($15k - $30k)
  • Install new "Type G" concrete curb & gutter? ($75 - $110 / LF)
  • Option to use "AC Dike" (asphalt berm) instead? ($15 - $25 / LF)
  • "Slot pave" (asphalt patch) next to new curb? ($25 - $40 / LF)
  • Fix cracked curb/gutter on existing frontage? ($100 - $150 / LF)
  • Install or replace non-compliant sidewalks? ($15 - $25 / SF)
  • Grind and overlay street asphalt (half-width)? ($8 - $12 / SF)
  • Protect or remove existing street trees? ($3k - $5k / tree)

4. Stormwater & Grading

  • Create >2,500 SF impervious surface (triggers PDP)? ($25k - $40k)
  • "Net export" site (more cut than fill)? ($40 - $75 / CY)
  • Hard rock/conglomerate soil (requires breakers)? ($100 - $150 / CY)
  • Retaining walls >3ft high (masonry)? ($45 - $65 / SF)
  • Curb outlet/catch basin for drainage? ($5k - $15k)

5. Soft Costs (Civil Specific)

  • Storm Water Quality Management Plan (SWQMP)? ($5k - $10k)

V. Official Reference Links