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What SB 10, SB 684 and builders’ remedy mean for Monte Sereno’s proposed overlay
Summary
Staff and the EM Group explained that SB 10 allows rezoning up to 10 units per parcel, SB 684 can enable small‑lot subdivisions, and that failing to provide required zoning opportunities could expose the city to builders’ remedy applications; the commission discussed balancing objective standards with HCD expectations.
At the Dec. 3 meeting planning staff and consultant Asher Cohn reviewed the state statutes implicated by the draft overlay and what they would allow in Monte Sereno.
Cohn said SB 10 enables cities to identify parcels for rezoning to allow up to 10 units per parcel. He explained that SB 684, passed since 2021, allows property owners on certain parcels to subdivide into up to 10 small‑lot single‑family residences if multifamily is allowed on the parcel. “There’s another wrinkle here… SB 684… it allows property owners to subdivide certain parcels… into up to 10 small lot single family residences,” Cohn said.
Staff also described the city’s legal exposure if it lacks a certified housing element or fails to provide the zoning opportunities required by HCD. Planning staff explained developers can file builders’ remedy applications when a jurisdiction does not have a certified housing element by the deadline, which allows ministerial development approvals for projects meeting certain affordable‑housing thresholds and reduces local zoning review. Staff said environmental review would still likely apply but ministerial approval could limit local discretionary controls.
The commission wrestled with how far objective standards can go to protect privacy and neighborhood character without making the overlay infeasible under state law or prompting HCD scrutiny. Staff said the overlay draft retains R1‑8 heights and setbacks while setting a 7,000‑square‑foot building cap and an average unit size near 1,750 square feet.
