SB-9 contains development standards and requirements that allow for a ministerial approval process and application of certain Planning Code regulations. A City agency may only deny an application for a housing development under SB-9 if, based on a preponderance of the evidence, the agency finds that the housing development project would have a specific, adverse impact upon health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
Demolition of the Existing Structure.
Since SB-9 projects are processed ministerialy, conditional use authorization for demolition under Planning Code Section 317 will not be required. The permit for the new units must be approved at the same time as the demolition permit for any existing structures on the property.
Neighbors Notification Requirements.
Since SB-9 projects are processed ministerially, Neighborhood Notification under Planning Code Section 311 will not be required. The Department will not accept any requests for Discretionary Review for SB-9 projects.
CEQA Review.
Since SB-9 projects are processed ministerially, they are not subject to review under the California Environmental Quality Act (CEQA).
If you wonder how the new zoning regulations influenced the value of your property, check your address here.
Objective Standards.
SB-9 projects must comply with all objective requirements including zoning, subdivision, and design review standards that do not conflict with SB-9. The City cannot impose objective standards that would physically prevent the construction of up to two units or that would physically prevent either of the two units from being at least 800 square feet in floor area. In most cases, the allowable building envelope in a new structure should be able to accommodate two units of 800 square feet and meet objective Planning Code requirements including rear yard, open space, front setbacks, side setbacks, and exposure. SB-9 allows the City to require a setback of up to four feet from the side and rear lot lines. The San Francisco’s Residential Design Guidelines that are not objective and will not be applied in the review of SB-9 projects.
Accessory Dwelling Units (ADUs).
ADUs allowed by State Law may be included in SB-9 projects, depending on the project scope and design and the proposed ADU type. More information on how to build an ADU in San Francisco here.
Non-Conforming Conditions.
SB-9 prohibits the correction of nonconforming zoning conditions as a condition for ministerial approval of a lot split.
SB-9 is very exciting for home owners and home buyers but not all the single family lots are eligible. So, first you need to check if the property is eligible for SB-9.
Homeowners start with a Feasibility Study
Feasibility studies help you figure out if a project SB9 is the right thing to do to reach your goals. This is what you need to do before paying a lot of money and wasting time:
- Check if your property is located in one of the qualified zones by searching your address here
- Understand the type of development you could build on your property considering your lot size and the existing building(s). Being allowed to build per zoning and have enough room to add building area on your lot, are two different things. This needs to be calculated;
- Choose the location of the new building(s) for each development option;
- Check if the calculated size of the new building(s) is enough for you to:
- get the ROI from renting or sale it
- host family and friends
- afford to build
- give you the market value to cover the construction costs
- You can do all these things on your own or get it right away with your Development Analysis.
Once you have all these figured out, it's time to look for a team to help you complete the project. Going through these 5 Steps before deciding to move on with your project, it'll help you have a focused conversation with an architect, contractor and with your lender. Choosing a realistic path, it'll make you and your team have a positive experience going through this project.
Felicia Nitu,
— CEO and Co-founder, CityStructure
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