City of Carson
All You Need to Know About Building on Properties in Carson Under SB-9
Analyzing SB-9 in various California cities reveals why some areas, such as Carson, have not adopted it. This article explores the legal challenges and local factors that have hindered the implementation of SB-9 and examines its impact on housing development and local governance.
What is SB-9 and how does it apply to the properties in various cities in California?
What is SB-9?
SB-9, or Senate Bill 9, is a California law that simplifies the approval process for certain housing projects. It speeds up approvals by allowing local authorities to use a more straightforward method, avoiding detailed environmental reviews (CEQA), Conditional Use Authorization, and similar approvals from bodies like the Planning Commission or Historic Preservation Commission. This program is optional and requires meeting specific eligibility criteria.
Urban Lot Split vs Two-Unit Development under SB 9
Urban Lot Split
An urban lot split is a process where a single parcel of land within an urban area is divided into two or more smaller lots. This typically involves subdividing the property into smaller sections, each of which can then be developed individually.
Two-Unit Development
Two-unit projects typically refer to residential developments or constructions that consist of two separate dwelling units within the same building or on the same property.
Why is SB-9 not applicable in Carson?
The HOME Act (California Senate Bill 9), led by Senator Toni Atkins and enacted in 2021 to increase affordable housing by permitting more homes on single-family zoned lots including the City of Carson, faced a setback in the Superior Court of California on April 22, 2024. The court ruled that the Act did not meet California's constitutional standards for ensuring affordable housing effectively.
The Act aimed to expedite the division of residential lots through a streamlined "ministerial review" process, eliminating subjective judgments by officials in favor of clear, objective criteria to facilitate project approvals.
However, challenges from five cities—including Whittier, Redondo Beach, Torrance, Carson, and Del Mar—argued that the Act encroached upon their local authority over land use and zoning. These cities, classified as charter cities, asserted their autonomy in managing local affairs.
The court sided with the cities, emphasizing the importance of statewide promotion of affordable housing but concluding that the HOME Act lacked sufficient assurances to ensure such outcomes. This ruling affects over 120 charter cities in California, limiting the state's ability to enforce the HOME Act. The potential appeal by the California Attorney General and the broader implications of this decision are being closely monitored.
Understanding SB-450 and Its Impact on SB-9
In 2021, SB-9 was introduced to eliminate single-unit-only zoning in California, allowing property owners to split lots and construct duplexes. However, many local governments have implemented regulations that hinder the effective use of SB-9, limiting the intended increase in housing options.
SB 450 aims to improve SB-9 by clarifying its purpose and providing state agencies with the authority to enforce its provisions. This new legislation prohibits local governments from applying subjective standards to SB-9 projects that don't match the underlying zoning. It also requires that local authorities respond to SB-9 applications within 60 days; otherwise, the application will be considered approved. Moreover, SB-450 prevents local governments from denying lot split applications based on their environmental impact, ensuring that homeowners can move forward with their projects.
For residents and developers in Carson, SB-450 represents a significant step toward simplifying the process of building additional housing units under SB-9.
SB-9 is not the only regulation that lets you add value to a property.
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