SB 9 Explained.
SB9, also known as the California Housing Opportunity and More Efficiency (HOME) Act, is a state bill that requires cities to allow one additional residential unit onto parcels zoned for single-dwelling units. This law will allow up to a total of two residential units in single-dwelling unit zones, excluding any accessory dwelling units (ADUs). The law, which passed in September 2021, will go into effect across California on January 1, 2022.
Key Components of SB 9
Urban Lot Split
Provides a streamlined process for subdividing an existing single-family zoned lot into two new parcels, also known as an Urban Lot Split
Two Unit Developments
Provides a streamlined process for creating Two Unit Developments on single-family zoned lots
Is my property eligible for SB 9?
Both of the above streamlined processes are subject to specific eligibility criteria. The best way to assess whether a parcel is eligible for SB 9 is to use City Planning's Zone Information and Map Access System (ZIMAS) tool. Enter the address in the pop-up window, click the "Planning and Zoning" menu on the left side of the screen, and scroll down to the "SB 9 Eligibility" line. Click the adjacent link to display the Eligibility Criteria Checklist, which will indicate whether the site is eligible for SB 9.
What can I build under SB 9?
All single-family property owners are eligible under SB 9 to build a second unit within their existing lot. This provision is a great option for homeowners looking to build additional housing for their extended family. It's also beneficial for rental-property owners who want to add a second long-term rental unit. Single-family property owners can also utilize SB 9 to subdivide their property into two lots.
However, homeowners who split their property must commit to occupying one of the lots as their primary residence for a minimum of three years. Once the lot is split, homeowners have a wide variety of options for developing housing on their newly created lots. These possibilities include single-family dwellings, duplexes, and ADUs.SB 9 entitles homeowners to build one duplex and, depending on local ordinance, up to two ADUs on each lot. This allows for a maximum total of 8 units across the two lots.
What are the SB 9 Benefits?
Provides options for homeowners to build intergenerational wealth. SB 9 provides more options for families to maintain and build intergenerational wealth a currency we know is crucial to combatting inequity and creating social mobility. The families who own these properties could provide affordable rental opportunities for other working families who may be struggling to find a rental home in their price range, or who may be looking for their own path to home ownership.
Benefits homeowners NOT institutional investors. Recent amendments require a local agency to impose an owner occupancy requirement as a condition of a homeowner receiving a ministerial lot split. This bill also prohibits the development of small subdivisions and prohibits ministerial lot splits on adjacent parcels by the same individual to prevent investor speculation. In fact, allowing for more neighborhood scale housing in California’s communities actually curbs the market power of institutional investors. SB 9 prevents profiteers from evicting or displacing tenants by excluding properties where a tenant has resided in the past three years.
Establishes a maximum number of units. Recent amendments clarify that this bill would allow no more than four units on what is currently a single-family parcel.
Preserves historic neighborhoods. SB 9 excludes historic and landmark districts.
Respects local control. Homeowners must comply with local zoning requirements when developing a duplex (height, floor area ratios, lot coverage etc.) as long as they do not physically preclude a lot split or duplex. This bill also allows locals to require a percolation test for any duplex proposed to be on septic tanks.
Promotes strategic infill growth. Under this bill, the parcel must be located in a jurisdiction that is part of an urbanized area or urban cluster, as designated by the US Census. This means that it applies only to areas that meet certain population and density thresholds. It excludes the provisions of the bill being used in very high fire hazard severity zones, prime agriculture land, hazardous waste sites, earthquake zones, floodplains that do not have adequate mitigation, and others. At the end of the day, if local governments do not allow people to build homes in an area, then the bill does not apply.
Source: https://planning.lacity.org/development-services/senate-bill-9