California Senate Bill 9

Taking effect January 1st, 2022, SB 9 intends to address the affordable housing crisis.

In a nutshell

Traditionally, single-family lots only allowed 2 large units; a stand-alone house and an accessory dwelling unit, as well as an attached junior unit no larger than 500 square feet. With the passing of SB 9, property owners will now be allowed to split a single-family lot into two lots, add a second home to their lot, or split their lot into two and place duplexes on each. Cities and counties across the state are required to approve development proposals that meet specific design standards. SB 9 applies to all counties and cities, including charter cities.

The project must:

Meet zone & location requirements.

The parcel must fall within a single-family residential zone.
If the housing development is located within a city, at least some portion of the boundaries of the parcel must be in an urbanized area or urban cluster, as designated by the US Census Bureau. Or, if the development is in an unincorporated part of a county, the parcel must be wholly within the boundaries of an urbanized area or urban cluster, as designated by the US Census Bureau. The project must also adhere to the objective zoning and design review standards established by the local government.

Meet size requirements.

The split must result in 2 parcels of approximately equal lot area. A parcel may not be smaller than 40% of the original parcel’s
lot area. Each new lot must be at least 1,200 square feet in size and the project may not demolish more than 25% of the existing exterior structural wall unless permitted by local ordinance.

Be owner occupied.

Property owners must sign an affidavit stating they will occupy 1 of the housing units as a primary residence for at least 3 years after splitting the property or creating the addition of units.

Respect prior subdivision rules.

The lot split must conform to all applicable objective
requirements of the California Subdivision Map Act.

The project may not:

Displace tenants.

Affordable or rent-controlled housing, as well as market-rate housing that has been occupied by a tenant for the past
3 years may not be demolished or altered.

Infringe on owner’s rights.

The proposed housing development can not be on a parcel
on which an owner of residential real property has exercised
the owner’s rights to withdraw accommodations from rent
or lease within 15 years before the date that the
development proponent submits an application. 

Alter historic landmarks.

Any property listed as a historic landmark or
located within a historic district is off limits.

Create short-term rentals.

Any unit created as a result will not be used for short-term
rentals, and must be rented for a term longer than 30 days.

Be part of a prior subdivision.

The parcel being subdivided may not have been part of a prior subdivision using the urban lot split process permitted under SB 9.

For more information visit: 

www.leginfo.legislature.ca.gov