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 FOR PROFESSIONALS

Two-Unit Developments & Lot Splits (SB9)

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 NEW - SB 9 Guidebook for Professionals

DOWNLOAD HERE

Image by Alfred Twu

 SB 9, the California Housing Opportunity and More Efficiency (HOME) Act, became California law on January 1st, 2022. SB 9 can be used to add new homes to an existing parcel, divide an existing house into multiple units or divide a parcel and add homes.

By allowing two-unit developments and lot splitting on urban single-family zoned lots through a streamlined process, SB 9 opens up opportunities to add smaller homes on smaller lots to neighborhoods, bringing much-needed more affordable housing stock for both rental and purchase. Homeowners can also split their urban lot and sell the vacant portion for development of a new home or duplex. Casita Coalition members are in the vanguard of pioneering implementation of this exciting new opportunity.

 SB 9 Rollout Status

  • Cities and counties are preparing & releasing their own SB 9 ordinances (must comply with state law)

  • First projects in the approval process

  • DOJ providing technical assistance and enforcement

How does SB 9 change what owners can do with a single-family zoned lot?

SB 9 waives discretionary review and public hearings for:

  • Building two homes on a parcel in a single-family zone

  • Subdividing an urban lot into two that can be smaller than the required minimum size

SB 9 also:

  • Removes CEQA requirements for SB 9 projects

  • Restricts approval process to objective standards only

  • Removes public hearing requirements for coastal zone projects

Definitions

Ministerial Approval

A ministerial approval process is administrative in nature, based on objective standards only. Subjective, discretionary standards and reviews are not allowed as part of the approval process.

“Urban Area,” as defined under SB 9

Urbanized area: a city of 50,000+ population; urban cluster: 2500+ population outside city limits. Find your location in this federal list of urbanized areas and urban clusters, here.

Qualifications for a Lot Split

In urban area; 2400 sq ft or more; not previously split using SB 9; parcel can be split 60/40, 50/50, or 55/45 but no portion can be smaller than 40% of the total; the owner must sign an affidavit to occupy one of the homes as the primary residence for 3 years from the date of approval. See our upcoming guidelines for more qualifications.

Image by Alfred Twu