SB-1123, California: Tiny Lots- Allows Ministerial approval for 10 or Fewer Parcels on Lots of 5 Acres or Less
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1123
Here’s a comprehensive summary of California Senate Bill 1123 (SB 1123), which builds upon and expands the provisions of SB 684 (2023) to streamline housing development further:
Background: SB 684 (2023)
SB 684 introduced the Starter Home Revitalization Act, which:
- Allowed ministerial (non-discretionary) approval for subdivisions creating 10 or fewer parcels and housing developments with 10 or fewer units.
- Applied to multifamily zones that are no larger than 5 acres, substantially surrounded by qualified urban uses.
- Required parcels to be at least 600 square feet and units to average no more than 1,750 net habitable square feet
Key Expansions and Modifications in SB 1123 (Effective 1 July 2025)
1. Expansion to Single-Family Zones
- SB 1123 allows the same streamlined approval process for vacant lots in single-family zones, provided:
- The lot is no larger than 1.5 acres in size.
- Qualified urban uses substantially surround it.
- Newly created parcels are at least 1,200 square feet
2. Density Requirements Adjusted
- For parcels not listed in a jurisdiction’s housing element, the required density is reduced:
- Must meet at least 66% of either:
- The maximum allowable residential density under local zoning, or
- The density under Government Code Section 65583.2(c)(3)(B)
3 Ownership and Parcel Restrictions
- Permits tenancy-in-common ownership models.
- Prohibits the separate sale of existing dwelling units from others on the same parcel
4. Parcel Design Standards
- Adds frontage to the list of parcel characteristics (size, width, depth) that cannot be regulated beyond the minimums set by SB 684
5. Accessory Dwelling Units (ADUs)
- Clarifies that ADUs and JADUs, if allowed by the city, do not count toward the 10-unit cap
6. Height Limits
- Cities cannot impose height limits lower than those allowed by the existing zoning designation.ion
Implementation and Impact
SB 1123 aims to:
- Increase affordable homeownership opportunities, especially in areas traditionally zoned for single-family homes.
- Reduce bureaucratic delays by eliminating discretionary reviews and CEQA requirements.
- Encourage “missing middle” housing types like duplexes, townhomes, and small lot subdivisions.ion
7. Zoning Eligibility
- SB 684: Applies only to multifamily-zoned lots.
- SB 1123: Expands eligibility to vacant single-family-zoned lots (≤ 1.5 acres).
8. Parcel Size Requirements
- SB 684: Minimum parcel size of 600 square feet.
- SB 1123: For single-family zones, the minimum parcel size is 1,200 square feet.
9. Density Requirements
- SB 684: Requires developments to meet maximum allowable residential density.
- SB 1123: Lowers the threshold to 66% of either:
- Local zoning maximum density, or
- Density under Gov. Code §65583.2(c)(3)(B).
10. Parcel Design Standards
- SB 684: Limits the regulation of size, width, depth, and dimensions.
- SB 1123: Adds frontage to the list of characteristics cities cannot regulate beyond SB 684 minimums.
11.. Ownership Restrictions
- SB 684: Silent on ownership structure.
- SB 1123: Prohibits alienation of existing dwelling units from others on the same lot (e.g., no separate sale of units).
12. Accessory Dwelling Units (ADUs)
- SB 684: Cities not required to permit ADUs/JADUs.
- SB 1123: Clarifies that if permitted, ADUs/JADUs do not count toward the 10-unit cap.
. Height Limits
- SB 684: No specific provision.
- SB 1123: Cities cannot impose height limits lower than those allowed by existing zoning.
13. Slide 2 Highlights:
- Small Lot Subdivisions: 10 townhomes on a 1-acre multifamily-zoned lot.
- Duplexes on Vacant Single-Family Lots: 5 duplexes on a 1.2-acre vacant lot.
- Infill Townhomes: 8 townhomes on an underutilized urban parcel.
- Tenancy in Common Projects: 10-unit shared ownership on subdivided parcel.