California's Senate Bill 9 (SB9), passed in 2021 and effective from January 1, 2022, has opened new opportunities for homeowners to explore additional housing options on their properties. This legislation aims to address the state's housing shortage by allowing certain single-family homeowners to split their lots or construct additional housing units on their existing property. However, not every property qualifies for these development options under SB9. To ensure compliance and avoid potential setbacks, it's crucial for homeowners to understand the eligibility criteria set by the law.

This article provides a comprehensive checklist to help you determine if your property qualifies for SB9 development opportunities.

The SB9 Eligibility Checklist

Zoning

Your parcel must be located in a single-family residential zone, typically designated as R1 or similar.

Legal Parcel

The property must be a legally recognized parcel within city or county boundaries, identifiable by an assigned Assessor's Parcel Number (APN).

Urbanized Area

he property must be situated within an urbanized area as defined by the U.S. Census Bureau.

Parcel Size

If you plan to split your lot, each new parcel must be at least 1,200 square feet, with neither being smaller than 40% of the original lot.

Fire Hazard Zone

Ensure your property is located outside of high or very high fire hazard severity zones, as designated by CAL FIRE.

Earthquake Fault Zone

The property must be outside any earthquake fault zone, as identified by the California Geological Survey.

Hazardous Waste Site

The land should not be designated as a hazardous waste site by the Department of Toxic Substances Control.

Flood Zone

Your property should be outside of a flood hazard area subject to inundation by the 1 percent annual chance flood.

Wetlands

The property should not encroach upon wetlands as identified by the U.S. Fish and Wildlife Service.

Prime Farmland

The land should not be designated as prime or important farmland by the California Department of Conservation.

Conservation Easement

Your property should be located outside of any land designated for conservation purposes.

Historic District

If your property is within a historic district, you may need to consult with local planning departments for potential restrictions.

Natural Habitat

Check for the presence of protected species or critical habitats using the U.S. Fish and Wildlife Service's IPaC tool.

Additional Considerations

While the above checklist covers primary eligibility, local jurisdictions may impose further constraints:

• Objective Standards: Cities and counties can establish objective zoning, subdivision, and design review standards that could impact your development options.
• Setback Requirements: Local ordinances might dictate specific setback requirements that differ from state law, influencing how you position your structures.
• Affidavit Requirement: Some jurisdictions may require an affidavit stating that the owner intends to occupy one of the housing units for a minimum period, typically three years.
• Parking: Depending on local regulations, parking requirements may still need to be met, even with the relaxed standards under SB9.

Always consult with your local planning department and legal advisors to ensure compliance with all applicable laws and regulations.

Opulands Interactive SB9 Eligibility Tool

To streamline the process of evaluating your property's eligibility for SB9 development opportunities, Opulands offers an interactive tool that runs instant reports based on the criteria mentioned in this article. By entering your property details, our platform analyzes location characteristics and zoning regulations to provide a clear assessment of whether your property can support projects like lot splits and new unit additions under SB9. While this tool is not a substitute for professional counsel, it serves as an informative first step, empowering you with data-backed knowledge of the SB9 options applicable to your property before consulting city planners.

Conclusion

Navigating the requirements of Senate Bill 9 can be complex, but understanding and meeting the eligibility criteria is crucial for taking advantage of the opportunities it presents. This checklist should serve as a starting point for determining if your property qualifies for development under SB9. For a smooth process and to avoid potential legal and financial complications, proactive engagement with planning experts and legal professionals is strongly recommended. Ensuring all criteria are met before proceeding can save significant time and resources in your housing development project.