SENATE BILL 9 (SB 9): AN OVERVIEW
WHAT IT IS AND HOW IT IMPACTS RESIDENTIAL LAND USE
Senate Bill 9 (SB 9) is a new California State Law taking 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 cha nge and are for informational purposes only.
VACANT LOT
LOT WITH
SINGLE-FAMILY HOME
LOT WITH
NONCONFORMING DUPLEX *
LOT WITH SINGLE -FAMILY
HOME AND AN ADU
BEFORE
No units
1 unit
Up to 2 units
(nonconforming)
1 unit
+ 1 ADU/JADU
ADD UNITS,
NO LOT SPLIT
Up to 2 units
+ 2 ADUs/JADUs
Up to 2 units
+ 2 ADUs/JADUs
No additional units
Can add 1 addtl. unit
+ 1 ADU/JADU
ADD UNITS,
LOT SPLIT
Up to 4 total units
Up to 4 total units
Up to 4 total units
Up to 4 total units
*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 might.
• 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.
THIS DOCUMENT DOES NOT CONSTITUTE LEGAL ADVICE OR OPINIONS REGARDING SPECIFIC FACTS. FOR MORE INFORMATION ABOUT SB 9, PLEASE CONTACT YOUR OWN LEGAL COUNSEL.
DOES THE PROJECT QUALIFY?
2-UNIT DEVELOPMENTS AND LOT SPLITS
• Single-family lot (usually R1-6L or R1-8L)
• 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:
o Prime farmland or farmland of statewide importance (B) o Wetlands (C)
o Identified for conservation or under conservation
easement (I+K)
o Habitat for protected species (J)
PROPERTY CANNOT BE (UNLESS MEETING SPECIFIED
REQUIREMENTS):
o Within a very high fire hazard safety zone (D)
o A hazardous waste size (E)
o Within a delineated earthquake fault zone (F)
o Within a 100-year floodplain or floodway (G+H)
• Project would not alter nor demolish:
o Deed-restricted affordable housing
o Rent-controlled housing
o Housing on parcels with an Ellis Act eviction in last 15 yrs o Housing occupied by a tenant currently or in last 3 yrs3 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 lot4
• Each new lot is at least
1,200ft2 5,6
• 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 split7
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 objective 8 zoning standards, subdivision standards, and design standards (they may impose a local ordinance to set these standards)
o These standards MUST not preclude 2 units of at least 800ft 2 • Projects must follow local yard, height, lot coverage, and other developm ent 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:
o Within 1/2 mile of “high -quality transit corridor” or “major transit stop” 9
o 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
CANNOT use SB 9 to limit
ADUs/JADUs e.g., lot can have
2 primary units+1 ADU+1 JADU
• Agency MUST include # of SB
9 units in annual progress
report
• For properties with on-site
wastewater treatment, agency
MAY require a percolation test
w/in last 5 years or
recertification within last 10
years
LOT SPLITS
• Agency MAY approve more
than 2 units on a new parcel
including ADUs, JADUs, density
bonus units, duplex units
• Project MUST conform to all
relevant objective reqs. of
Subdivision Map Act
• Agency MAY require
easements for provision of
public 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+ years10
• 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
KEY DECISIONS FOR AGENCIES TO MAKE
WHETHER TO REQUIRE:
• 1 parking space per unit
• 2-UNITS Septic tank percolation
tests
• 2-UNITS Owner-occupancy
• SPLIT Public services/facilities
easement
• SPLIT Right-of-way easements
WHETHER TO ALLOW:
• Creation of lots <1,200ft2
• SPLIT >2 units/new lot
DEFINE:
• Objective zoning/subdivision/
design review standards
• “Acting in concert with owner”
• “Sufficient for separate
conveyance”
CREATE:
• Application forms and checklists
• Recording of deed restrictions
for short-term rentals and future
lot splits
• Owner-occupancy affidavit
1 Defined by the Census Bureau
2 See Section 65913.4(a)(6) Exclusions for full details and definitions 3 Lot can split, then new units added to the lot w/o the Ellis -affected building 4 Each lot can be smalle r than required minimum lot size 5 This number can be lowered by local ordinance
6 If min. size is 1,200ft 2, this requires a 2,400ft 2 lot, or 3,000ft 2 if a 60/40 split 7 This does not apply to previous lot splits taken under usual Map Act procedures 8 “Objective” as defined by the Housing Accountability Act 9 See Sections 21155 and 21064.3 of the Public Resources Code for definitions 10 Unless the applicant is a land trust or qualified non -profi t