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.

*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