What SB 684 Does
SB 684 (Caballero, Chapter 788, Statutes of 2023) amended Government Code § 65913.2 to require ministerial approval — no public hearing, no CEQA, no discretionary design review — for residential projects of up to 10 units on infill parcels in zones that allow residential or mixed residential use, where the parcel is no larger than 5 acres and meets urbanized area eligibility criteria.
This is a broader ministerial pathway than SB 9 (which applies only to single-family zones and is limited to duplexes and lot splits) and more accessible than SB 423 (which requires transit proximity and significant affordability). SB 684 applies to general infill parcels in most residential zones without a transit proximity or affordability requirement.
Who This Matters To In City Hall
| Role | Why This Matters to You |
|---|---|
| Planning Director | Applications for up to 10 units on small infill parcels in residential zones must be routed as ministerial. If your intake process still sends these to planning commission, update it now. The statute is self-executing — charter city adoption is not required. |
| City Attorney | Charter cities had until January 1, 2025 to implement SB 684. Any charter city that continued routing qualifying applications through discretionary review after that date faces HAA exposure for each application. Audit charter city compliance now. |
| Building Official | SB 684 projects still require building permits. Coordinate with planning on expedited plan-check procedures for ministerially approved small multifamily projects. |
| City Manager | The most common complaint will come from neighbors who expect a hearing. Staff should be prepared to explain why SB 684-qualifying applications are not noticed or scheduled for commission review. |
Legislation Overview
SB 684 (Caballero) | Chapter 788, Statutes of 2023 | Signed: October 12, 2023 | Effective: July 1, 2024 (general law cities); January 1, 2025 (charter cities) | Amends: Government Code § 65913.2
Project Eligibility: What Qualifies for Ministerial Approval
To qualify for SB 684 ministerial approval, a project must meet ALL of the following:
- Unit count: The project proposes no more than 10 primary residential units. ADUs and JADUs are counted separately and do not count toward the 10-unit limit.
- Parcel size: The parcel is no larger than 5 acres.
- Zoning: The parcel is zoned for single-family residential use, multifamily residential use, or mixed use with residential as a permitted use.
- Urbanized area: The parcel is within an urbanized area or urban cluster as designated by the U.S. Census Bureau — not in rural, agricultural, or unincorporated fringe areas.
- Infill site: The parcel must qualify as an infill site — surrounded by existing development and with access to public infrastructure including water, sewer, and roads.
- No protected land: The parcel may not include wetlands, riparian areas, habitat for special status species, prime farmland, or land within a very high fire hazard severity zone.
- Tenant protection: The site may not include housing occupied within the past 5 years by rent-controlled, low-income, or Section 8 tenants unless those units are replaced at equivalent rents.
No Affordability Requirement
Unlike SB 423 and SB 4, SB 684 does not require any affordable units. A 10-unit market-rate project on a qualifying infill parcel in a single-family zone is entitled to ministerial approval under SB 684. This makes it one of the most accessible ministerial pathways in California housing law — and one of the most frequently overlooked.
What Agencies May and May Not Do
Agencies may still require: Compliance with objective zoning and design standards, building code compliance, standard impact fees, and utility connection requirements.
Agencies may NOT impose: Planning commission hearings, neighbor notification, design review hearings, conditional use permits, CEQA documentation, or any subjective design condition. Applications must be approved or denied based solely on objective eligibility criteria.
Overlap with SB 9 and ADU Law
SB 684 stacks with ADU law. A 10-unit SB 684 project can also include ADUs and JADUs on the same parcel under ADU law, potentially resulting in more than 10 total units. SB 684 also potentially overlaps with SB 9 in single-family zones: a developer who splits a lot under SB 9 might then seek SB 684 approval for up to 10 units on each resulting lot. Cities should anticipate this stacking and train staff on how to process multi-statute applications.
Charter City Implementation
General law cities were required to comply with SB 684 beginning July 1, 2024. Charter cities — cities that have adopted their own charters under Article XI of the California Constitution — had until January 1, 2025. Any charter city that did not update its intake and approval procedures by January 1, 2025 and continued routing qualifying applications through discretionary review is exposed to HAA liability for each application.
Compliance Risk Assessment
| Risk | Level | Consequence of Non-Compliance |
|---|---|---|
| Routing qualifying applications to planning commission | HIGH | Housing Accountability Act violation. Applicant entitled to writ of mandate ordering ministerial approval and mandatory attorney fee award. |
| Charter city non-compliance after January 1, 2025 | HIGH | Charter cities past the implementation deadline that still apply discretionary review to qualifying applications face compounding HAA exposure for each mistreated application. |
| Requiring CEQA documentation | HIGH | Ministerial SB 684 approvals are CEQA-exempt. Requesting environmental review of any kind is an unlawful condition. |
| Applying subjective design criteria | MEDIUM | Only objective standards may be applied. Standards referencing neighborhood character or compatibility require impermissible discretionary judgment. |
Key Dates
| Date | Event |
|---|---|
| October 12, 2023 | Governor signs SB 684 |
| July 1, 2024 | SB 684 takes effect for general law cities |
| January 1, 2025 | SB 684 applies to charter cities |
| Current (2026) | All cities — general law and charter — must process qualifying applications ministerially |
Action Checklist
Immediate — Complete Now
- Planning Director: Update intake procedures to screen all applications for SB 684 eligibility at the counter. Projects of up to 10 units on infill parcels in residential zones must be evaluated for ministerial processing.
- Charter cities — City Attorney: If charter city implementation was delayed past January 1, 2025, audit all qualifying applications received since that date for HAA exposure.
- Planning Department: Create an SB 684 eligibility checklist covering unit count, parcel size, zoning, urbanized area designation, site exclusions, and tenant protection.
Near-Term — By June 30, 2026
- Planning Department: Train all intake and permit counter staff on SB 684 eligibility criteria and the boundary between permissible objective review and impermissible discretionary conditions.
- City Manager: Brief city council that small multifamily infill applications qualifying under SB 684 are ministerial. There is no council or commission authority to deny or condition these applications on subjective grounds.
Frequently Asked Questions
Does SB 684 apply to commercial zones?
No. SB 684 requires the parcel to be zoned for residential or mixed residential use. Parcels zoned exclusively for commercial use without a residential component do not qualify — though they may qualify under AB 2011 or SB 6 for a different ministerial or streamlined pathway.
Do ADUs count toward the 10-unit limit?
No. ADUs and JADUs are not counted toward the 10-unit limit under SB 684. A developer may propose 10 primary residential units plus ADUs on the same parcel, with the ADUs processed under separate ADU law requirements.
Can the city require design consistency with adjacent single-family homes?
Only if the design standard is objective and verifiable — for example, a maximum front setback in feet, a maximum building height in feet, or a minimum window-to-wall ratio. A standard requiring visual "consistency" or "compatibility" with neighboring homes is not objective and may not be imposed on SB 684 applications.
SB 684's 10-unit ministerial pathway is one of the most consequential — and least understood — housing approvals in California planning practice today. Cities that have not updated their intake procedures are processing qualifying applications through discretionary review every day, accumulating HAA liability they may not even be aware of. Legislaide helps planning departments build eligibility checklists and intake workflows that catch these applications correctly from the start.
Published April 6, 2026 by Legal Team at Legislaide.