Question & Answers

GENERAL OVEVIEW

SB 9 is a California law aimed at addressing the housing crisis by enabling property owners in urban areas to subdivide their lots and build additional residential units. This includes the option to construct duplexes or split existing structures into multiple units. It provides homeowners with a more straightforward way to create extra housing opportunities on their property, ultimately increasing the state's housing supply. ​

SB 9 projects require that properties are in a single-family residential zone and meet criteria such as lot size, zoning restrictions, and geographic location. Other eligibility criteria include avoiding flood zones, fire hazard areas, and historic landmarks. Projects must also adhere to state and local building codes and provide affidavits confirming the intent to follow ownership and building requirements. ​​

No, while SB 9 streamlines the building process, property owners still need local planning department approval for their projects. Local authorities review applications to ensure that all zoning, safety, and building code requirements are met before any new construction or lot subdivision begins.

Yes, SB 9 can override certain local zoning laws for eligible properties. For example, single-family zoning ordinances may be relaxed to allow for duplexes or additional units. However, local governments can still enforce objective standards like setbacks, lot size, and parking requirements to ensure neighborhood consistency and safety.

SB 9 became effective on January 1, 2022, after being signed into law in 2021. Since then, local governments have adopted ordinances to align with the state's intent of increasing housing while accommodating local needs.

Under SB 9, up to four units can be built on a single-family parcel. This is achieved by combining a lot split and constructing duplexes on each resulting lot. This approach allows homeowners to maximize the housing potential of their property while adhering to local zoning and building standards.

While both SB 9 and ADU regulations allow for additional housing units, SB 9 provides broader opportunities by enabling lot splits and duplexes, which aren't permitted under ADU laws. However, ADUs have specific requirements and standards for setbacks, lot coverage, and utility connections that must be followed. Some property owners find ADU rules simpler to navigate than SB 9, leading them to prioritize ADU development.

The goals of SB 9 include increasing California's housing supply by streamlining the process for homeowners to add additional units to their properties and reducing the barriers to entry for smaller-scale housing projects. This is particularly beneficial in single-family neighborhoods, where new units can help create more affordable housing options.

ELIGIBILITY

Property eligibility is determined based on location, zoning, and specific site conditions like the presence of wetlands, fire hazard zones, historic landmarks, and minimum lot sizes. Local planning offices offer eligibility checklists and maps, and tools like the Opulands report can help homeowners quickly assess their property's potential.

Properties in single-family zones, typically designated as "R-1", are eligible for SB 9 projects. Check your local zoning designation through the city's planning department to confirm eligibility, or consult an online zoning map that shows the property's classification.

Historic properties that are listed on a historic resources inventory or classified as landmarks are generally ineligible for SB 9 projects. These properties are protected by local and state preservation laws to maintain historical integrity, which often prohibits subdivision or major alterations.

Properties located in Very High Fire Hazard Severity zones are generally excluded due to increased wildfire risks. However, some local governments may allow development in these areas if property owners implement specific fire mitigation measures that meet local and state safety standards.

Yes, each new lot created through a lot split under SB 9 must be at least 1,200 square feet, and the resulting lots cannot be smaller than 40% of the original lot's size. This requirement ensures that each new lot has sufficient space for residential units and meets local building codes.

Yes, properties located in high-risk flood zones require additional building standards to be met. Local governments may impose stricter guidelines to ensure that new developments are adequately protected against potential flood damage. This could include elevating the structure or using flood-resistant materials.

Yes, but compliance with seismic protection standards can make development possible. Projects within earthquake fault zones must adhere to stricter safety regulations, such as setback distances, structural reinforcements, and other engineering measures to reduce the risk of earthquake damage.

Easements often include restrictions on development within their boundaries, depending on the purpose (utility lines, drainage, etc.). It's essential to verify easement terms with your title report or a title company and consult your local planning office to ensure the SB 9 project won't violate easement agreements.

APPLICATION PROCESS

SB 9 lot split applications are submitted through local planning offices, sometimes through an online citizen portal. Homeowners need to complete the required forms, provide site plans and ownership affidavits, and demonstrate compliance with zoning and building standards.

Required documents include detailed site plans, ownership affidavits, and zoning verification reports. Property owners should also provide architectural designs demonstrating compliance with setbacks, height limits, and parking standards.

SB 9 requires applicants to live on one of the resulting lots as their primary residence for at least three years. This measure prevents speculative development and ensures that homeowners have a vested interest in maintaining the neighborhood's character.

The approval process involves verifying eligibility, checking for compliance with zoning ordinances and building codes, and confirming that all legal requirements (e.g., owner occupancy) are met. The review process ensures that each new lot can support safe and sustainable development.

Fees vary based on local regulations and may include application, review, and inspection fees. Some jurisdictions also require utility upgrade costs and deed restriction fees for recording owner-occupancy affidavits. Check with the local planning office for a comprehensive fee estimate.

Local planning departments review applications and inspect properties to ensure compliance with SB 9 standards. They verify setbacks, parking, building heights, and other criteria. If projects fail to meet standards, departments provide feedback and suggestions for necessary modifications.

Yes, applications can be denied if the proposed project does not meet zoning or eligibility criteria. Common reasons for denial include inadequate lot sizes, proximity to natural hazards, or failure to meet building standards. Local authorities will specify the reasons and provide an opportunity to revise the application.

Yes, given the complexity of subdivision and building regulations, professional guidance can streamline the application process. Land use consultants, architects, and legal experts can help ensure that projects comply with zoning laws and have accurate documentation, reducing the risk of delays or denials.

DESIGN AND DEVELOPMENT

Side and rear setbacks require a minimum distance of 4 feet from the property lines. No setback is required for an existing structure or a structure built in the same location and to the same dimensions as an existing structure. Front setbacks are not specified in SB 9, so local zoning requirements apply.

SB 9 does not impose specific height limits on new units. However, local governments may set their own height restrictions, provided these limits do not prevent the construction of two units, each with a minimum size of 800 square feet.

SB 9 requires no more than one off-street parking space per unit, except if the parcel is within a half-mile walking distance of a high-quality transit corridor or major transit stop, or if there is a car share vehicle located within one block. Local jurisdictions can implement parking space requirements but should consider these exceptions.

Each unit must be at least 800 square feet to provide sufficient living space and balance the overall neighborhood density. Local design standards must also be met regarding light, ventilation, and access.

Design standards ensure that new developments complement neighborhood character by considering factors like architectural style, building materials, setbacks, and parking arrangements. Local planning departments establish objective standards to maintain uniformity while providing flexibility for customization.

Existing structures may be demolished or remodeled if they comply with zoning and building standards. Property owners should assess the impact of structural changes to ensure compliance with setbacks, parking, and access for new units.

Homeowners can customize the design to meet their preferences while adhering to local building standards. Some jurisdictions offer pre-approved designs that streamline the application process, saving time and reducing costs. Alternatively, homeowners can work with architects for bespoke designs.

Up to two Accessory Dwelling Units (ADUs) can be added, provided they conform to setback and height requirements. However, the total number of units on a single-family parcel, including ADUs, cannot exceed four. Local jurisdictions may impose additional requirements to ensure compliance with setbacks, parking, and height limits.

IMPACT AND FUTURE CONSIDERATIONS

Statewide adoption remains relatively low. Los Angeles received the highest number of applications. Smaller cities like Saratoga and Danville have also reported significant activity relative to their size. Overall, many cities are witnessing gradual increases as awareness and understanding of SB 9 grow.

Various challenges include high construction costs, complex application processes, stringent local ordinances, and concerns about potential impacts on property values and neighborhood character. Homeowners may also lack awareness of SB 9 or prefer developing ADUs due to simpler requirements. Economic factors like inflation and rising interest rates have further slowed development.

State standards can be made more prescriptive, and local governments can streamline regulations. Providing pre-approved designs, clarifying eligibility, reducing fees, and offering additional incentives can encourage homeowners. Raising awareness through local workshops, guides, and outreach to homeowners, contractors, and officials will also help promote the potential benefits.

SB 9 increases housing supply by enabling more residential units in single-family neighborhoods and offering new homeownership opportunities. It reduces barriers for homeowners seeking to subdivide lots or build additional units, creating affordable housing options in previously exclusionary areas. However, SB 9 is just one part of a broader set of strategies needed to fully address the state's housing shortage and affordability issues.

Yes, inquiries to local planning departments suggest growing interest in SB 9 projects, which may translate into higher adoption rates. As more successful projects are completed and publicized, they may inspire other homeowners to pursue similar developments. Increased awareness and streamlined processes are also likely to boost adoption over time.

Local planning offices offer checklists, guidelines, and online tools to help homeowners understand the application process. Websites like Opulands provide comprehensive resources, including eligibility reports and expert guides, to help navigate the regulations and maximize property development potential. Homeowners can also consult local architects, contractors, and real estate professionals experienced in SB 9 projects for additional guidance and support.

Thoughtful planning and local oversight help ensure that new projects complement existing neighborhood character. Objective design standards and building guidelines maintain architectural harmony, while maximum unit sizes and height limits prevent excessive densification and overshadowing. In some cases, SB 9 projects may improve neighborhood character by replacing older, dilapidated structures with new, well-designed housing units.

Local governments are adopting ordinances that align with state guidelines while addressing local concerns. They often create checklists, streamline the application process, and establish objective standards to ensure that SB 9 projects are compatible with neighborhood characteristics. Some local governments are going beyond the minimum requirements by offering additional incentives or support for homeowners pursuing these projects, such as expedited permitting or reduced fees.

Become a trusted Local Expert