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What the new SB-9 housing law means for single-family zoning in California

Senate Bill 9 or SB-9 is a new California law which marks a shift from the old policies that allow only two large units — a stand-alone house and an accessory dwelling unit — on single-family lots, as well as an attached junior unit. Under the new law, cities and counties across California will be required to approve development proposals as long as they meet this law specified size and design standards.

What is Senate Bill 9 and what it means for homeowners?

California Senate Bill 9 is the most controversial of the two new laws, SB-9 and SB-10. SB-9 allows property owners to split a single-family lot into two lots and add a second unit plus ADU to their lot or split their lot into two and build duplexes on each new lot. The last option would create four residential units on a property currently limited to a single-family house.

Non-Lot split

Can homeowners use SB-9?

Homeowners or landlords can apply to upzone their properties through their local jurisdiction, but only if they plan to live on the property for 3 years after they complete the project.

Property owners must sign an affidavit stating they will occupy one of the housing units as their primary residence if they split the existing parcel into 2 new lots.

What are the caveats of SB-9?

The law is designed to create additional housing while also preserving low-income, affordable units.

A proposed project under this new law cannot result in the demolition or alteration of affordable or rent-controlled housing or market-rate housing that has been occupied by a tenant in the past three years. Properties listed as historic landmarks or those located within a historic district are off-limits for new development. Wetlands and farmland are also exempt.

If someone chooses to split their property in two, each new lot must be at least 1,200 square feet, according to the new law.

Any unit created as a result of the law cannot be used for short-term rentals. They must be rented for a term longer than 30 days.

Check if your property is eligible to benefit out of SB-9

Does SB-9 apply on multi-family zoned properties?

No. SB-9 applies only to properties zoned for single-family homes. Any new units created under SB-9 must only be used for residential purposes.

Do cities and counties have to abide by SB-9?

Under SB 9, local government officials may only deny a development application if they find that the proposed project would have a “specific, adverse impact” on “public health and safety or the physical environment” and there are no feasible and satisfactory mitigation options.

Will local rules about maximum square footage, building height, and parking apply?

Proposals under this new law must adhere to objective zoning and design review standards established by local cities and counties. However, the local government must allow a minimum 800 sqft size for each unit. Developments must still follow local zoning rules such as those governing height and yard size requirements.

No parking is required for additional units if the property is within a half-mile of a major public transit stop. However, a local agency can require up to one parking space per unit if there are no frequent transit stops nearby.

Homeowners need to 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.
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 having 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 selling it
- host family and friends
- afford to build
- give you the market value to cover the construction costs

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 will help you have a focused conversation with an architect, contractor, and with your lender. Choosing a realistic path it will make you and your team have a positive experience going through this project.

Find out how much market value has your property gained with SB-9

Lot split

Under SB-9, each city or jurisdiction in California has the freedom to impose additional restrictions or Development Standards as long as the size of the resulting new units is at least 800 sqft each.

You can just look up your address in the box to see if your property qualifies for SB-9 or you can learn more about the requirements imposed by your jurisdiction following the link below.