News And Information From By Whaley & Associates

Add new homes to existing parcel

Senate Bill 9 (SB 9): An Overview

Senate Bill 9 (SB 9) is a new California State Law that took effect January 1, 2022.

Similar to previous state legislation on Accessory Dwelling Units (ADUs), SB 9 overrides existing density limits in single-family zones. SB 9 is intended to support increased supply of starter, modestly priced homes by encouraging building of smaller houses on small lots.

SB 9 WAIVES DISCRETIONARY REVIEW AND PUBLIC HEARINGS FOR:

  • Building Two Homes on A Parcel In A Single-family Zone

  • Subdividing A Lot Into Two that Can Be Smaller Than Required Min. Size

Used together, this allows  4 HOMES  where 1 was allowed before.

SB 9 CAN BE USED TO: Add new homes to existing parcel • Divide existing house into multiple units • Divide parcel and add homes

WHAT IT CAN MEAN FOR DEVELOPMENT OF NEW HOMES

Illustrations are based on a preliminary analysis of the law. Details are subject to change and are for informational purposes only.

sb 9 a
*Legally constructed but not currently permitted. Check your local ordinance for nonconforming use policies.

USING SB 9 WITHOUT A LOT SPLIT:

  • Without a lot split, SB 9 does not limit the number of ADUs or JADUs (B2, D2) – but other laws
  • SB 9 could be interpreted to allow 2 new units beyond an existing unit (up to 3 units/lot, plus any allowed ADUs/JADUs).

USING SB 9 WITH A LOT SPLIT:

  • SB 9 does not require jurisdictions to approve more than 4 units total, including any ADUs/JADUs

Single Unit Developments

  • SB 9 can be used to develop single units – but projects must comply with all SB 9 requirements.

Does The Project Qualify?

2-UNIT DEVELOPMENTS AND LOT SPLITS

  • Single-family lot (usually R-1)
  • Located in an urbanized area or urban cluster1
  • Not in state/local historic district, not an historic landmark
  • Meets requirements of SB35 subparagraphs (a)(6)(B)-(K)2:
    • PROPERTY CANNOT BE:
      • Prime farmland or farmland of statewide importance (B)
      • Wetlands (C)
      • Identified for conservation or under conservation easement (I+K)
      • Habitat for protected species (J)
    • PROPERTY CANNOT BE (UNLESS MEETING SPECIFIED REQUIREMENTS):
      • Within a very high fire hazard safety zone (D)
      • A hazardous waste size (E)
      • Within a delineated earthquake fault zone (F)
      • Within a 100-year floodplain or floodway (G+H)
  • Project would not alter nor demolish:
    • Deed-restricted affordable housing
    • Rent-controlled housingo Housing on parcels with an Ellis Act eviction in last 15 yrs
    • Housing occupied by a tenant currently or in last 3 yrs
  • Addtl. Qualifications for 2-UNIT DEVELOPMENTS
    • Project does not remove more than 25% of exterior walls on a building that currently has a tenant or has had a tenant in the last 3 yrs even if the rental unit itself isn’t altered
  • Addtl. Qualifications for LOT SPLITS
    • Lot is split roughly in half – smaller lot is at least 40% of the original lot
    • Each new lot is at least 1,200ft2
    • Lot is not adjacent to another lot split by SB 9 by the same owner or “any person acting in concert with the owner”
    • Lot was not created by a previous SB 9 split

Relationships to other laws

  • CEQA Does not apply to 2-unit or lot split approvals or ordinances implementing 2-unit or lot split provisions COASTAL ACT Applies, but no public hearings needed for duplex and lot split coastal development permits
  • HOUSING CRISIS ACT Local ordinances cannot impose restrictions that reduce the intensity of land use on housing sites (including total building envelope, density, etc.)
  • SB8 SB 9 projects are subject to Permit Streamlining Act deadlines
  • SB478 Does not apply to single-family zones

LIMITATIONS APPLIED 2-UNIT DEVS. AND LOT SPLITS

  • Agencies MUST only impose objective8 zoning standards, subdivision standards, and design standards (they may impose a local ordinance to set these standards)
    • These standards MUST not preclude 2 units of at least 800ft2
  • Projects must follow local yard, height, lot coverage, and other development standards, EXCEPT:
    • A local agency MAY NOT require rear or side setbacks of more than 4 feet, and cannot require any setback if utilizing an existing structure or rebuilding a same-dimensional structure in the same location as an existing structure
    • Project MAY be denied if a building official makes a written finding of specific, adverse impacts on public health or safety based on inconsistency with objective standards, with no feasible method to mitigate or avoid impact
    • Agency MAY require 1 parking space/unit, unless the project is:
      • Within 1/2 mile of “high-quality transit corridor” or “major transit stop”
      • Within 1 block of a carshare vehicle
    • Agency MUST require that units created by SB 9 are not used for short-term rental (up to 30 days)
    • Agency MUST allow proposed adjacent or connected structures as long as they comply with building codes and are “sufficient to allow separate conveyance"
    • HOAs MAY restrict use of SB 9
2-UNIT DEVS.
  • Without a lot split, agency
  • For properties with on-site CANNOT use SB 9 to limit wastewater treatment, agency ADUs/JADUs e.g., lot can have MAY require a percolation test 2 primary units+1 ADU+1 JADU w/in last 5 years or
  • Agency MUST include # of SB recertification within last 10 9 units in annual progress years report
LOT SPLITS
  • Agency MAY approve morethan 2 units on a new parcelincluding ADUs, JADUs, densitybonus units, duplex units
  • Project MUST conform to allrelevant objective reqs. of Subdivision Map Act
  • Agency MAY requireeasements for provision ofpublic services and facilities
  • Agency MAY require parcels to have access to, provide access to, or adjoin public right of way
  • Project MUST be for residential uses only
  • Applicant MUST sign affidavit stating they intend to live in one of the units for 3+ years
  • Agency MUST include number of SB 9 lot split applications in annual progress report
  • Agency CANNOT require right- of-way dedications or off-site improvements
  • Agency CANNOT require correction of nonconforming zoning conditions

Source: Association of Bay Area Governments

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Keller Williams Realty
License Number: #01417209
Office: (760) 473-8060

6005 Hidden Valley Rd.
Carlsbad,CA 92011

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Brad & Maya Whaley
Whaley & Associates
Bradley Whaley CA DRE# 01369165 & Y. Maya Whaley DRE# 01393491


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