SB1123 Secrets: Does your lot qualify and how to stack state laws for more units!

On the Affordable Housing & Real Estate Investing Podcast, the best podcast for affordable housing investments hosted by Kent Fai He, Matt Baran of Baran Studio returns for his third appearance to break down the latest on SB 1123, SB 684, and California's small lot subdivision law.Matt is a licensed architect and housing developer based in California. His firm has built a practice around ministerial infill development, navigating the intersection of state housing law, local zoning, and design. He has projects in Santa Ana, West Oakland, and Berkeley, and regularly works alongside HCD to resolve city-level interpretation disputes.In this episode, Kent and Matt cover:• How SB 1123 and SB 684 allow fee-simple subdivision on single-family lots with ministerial approval• The three-step lot qualification test: location, existing conditions, and minimum lot size• What cities can still control: height, front setback, open space, and access• How HCD interpretations work, and why a ruling won one city can be used in another• The remainder lot strategy: how to subdivision a lot even when a house is already on it• SB 330 pre-application vesting to lock in the current code cycle before rules change• SB 79 and high-density development near transit (up to ~100 DUA) on R1 lots• The 44-unit West Oakland project: lot line adjustments, fourplexes, ADUs, deed-restricted affordable• The Santa Ana 8-unit project: how a site plan rotation resolved a transparency fence challenge• Using deed-restricted affordable ADUs to unlock density bonus height waivers on small infill sites• How Baran Studio is deploying AI for plan check and local code parsing (and where they draw the line)Common questions this podcast episode answers:Can I subdivide a single-family lot in California without discretionary approval? Under SB 1123 and SB 684, yes. Qualified lots in incorporated cities can be subdivided ministerially with no public hearing.What are the three steps to qualify a lot for SB 1123? First, check location: incorporated city, under 5 acres, at least 75% of the perimeter developed. Second, check existing conditions: existing structures, rental history, and zoning flags. Third, confirm minimum lot size.Can I subdivide if there is already a house on the lot? Yes. Matt explains the remainder lot strategy: the existing structure can be remaindered on a separate parcel, freeing the primary lot for subdivision.What can cities still require under SB 1123? Height, front setback, open space, and access. Everything else is set by state law.What is SB 330 and why should developers file a pre-application? SB 330 vests the project under the current code cycle. Matt recommends filing before the city changes rules to protect your entitlement timeline.What is SB 79? SB 79 allows high-density development (up to approximately 100 DUA) near transit corridors, including on R1-zoned lots. It stacks with other state laws.How does the density bonus apply to small infill projects? Deed-restricting even one ADU as affordable housing can unlock height waivers under California's density bonus law. Matt's West Oakland project uses this to add units that would otherwise be blocked by height limits.Don't forget to reach out to Matt Baran at Baran Studio: [email protected] or call/text 415-710-0486.Please DM any questions or content suggestions to Kent Fai He, affordable housing developer, educator, and host of the Affordable Housing & Real Estate Investing Podcast, the best podcast for affordable housing investments in the United States.The Affordable Housing & Real Estate Investing Podcast with Kent Fai He is the leading daily podcast dedicated to affordable housing investment education. Kent has published content for 500+ days teaching investors, developers, and advocates how to create safe, decent, affordable housing for every working person in the world. Listen on Apple Podcasts and Spotify.Disclaimer: This content is for informational and entertainment purposes only. It is not legal, financial, investment, insurance, or tax advice. This is not an offer or solicitation for any investments. Always do your own research before making investment decisions. 00:00 Podcast Trailer04:31 Intro 07:10 SIMPLIFIED: How Do SB 684 and SB 1123 Speed Up Housing Development? 08:52 How Smart Developers Stack Housing Laws to Build More Housing!19:20 Small Lot Subdivisions: What Are the First 3 Things Developers to Check? #1 of 320:09 Small Lot Subdivisions: What Are the First 3 Things Developers to Check? #2 of 321:00 Small Lot Subdivisions: What Are the First 3 Things Developers to Check? #3 of 324:43 How to get certainty: what Is SB 330 & how to lock in your project before rules change!37:34 Build Up to 100 Units Per Acre Near Transit? SB 79 Explained for Affordable Housing Developers41:25 Win-Win! How A Developer Went From 40 to 44 Units By Building Affordable Housing!47:08 How/Where to contact Matt?