City of Cerritos
All You Need to Know About Building on Properties in Cerritos Under SB-9
Reviewing SB-9 in different cities across California helps potential homeowners understand why some areas, like Cerritos, have not adopted it. This analysis reveals the legal and local challenges that have slowed SB-9's implementation and shows how these obstacles impact housing development and city management.
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 aimed at addressing the housing shortage by allowing homeowners to divide a single-family property into two separate lots. Each new lot can have up to two residences, potentially increasing the total number of units on the original lot from one to four. This law makes it easier to get approval by bypassing detailed environmental reviews and certain permits, as long as the new lots meet specific size and zoning rules.
Urban Lot Split vs Two-Dwelling Units under SB-9
Urban Lot Split
In zones designated for single-family homes, urban lot split divides a single piece of land into two separate lots.
Two-Dwelling Units
A two-dwelling unit involves the building of two separate residential buildings on a single lot intended for single-family residential use.
Why is SB 9 not applicable in Cerritos?
In light of the trial court in City of Redondo Beach et al. v. Bonta et al. (Los Angeles County Superior Court Case No. 22STCP01143), CityStructure reached out to Sabrina Chan, the planning manager at the city of Cerritos to get more details about projects applying per SB-9 and she replies:
"(The trial court) recently granted a peremptory writ of mandate deciding that SB 9 “is neither reasonably related to ensuring access to affordable housing nor narrowly tailored to avoid unnecessary interference” with the local governance of charter cities, and therefore SB 9 violates the California Constitution’s “home rule” doctrine applicable to charter cities.
Cerritos is a charter city and participated in the Redondo Beach case. As such, Cerritos takes the position that it cannot be compelled to process an application for a lot split under SB 9. If a property owner/resident in Cerritos desires to submit an application for a lot split that is in full compliance with existing regulations of the Cerritos Municipal Code, it will be processed by the city in the ordinary course.”
On April 22, 2024, the Superior Court of California ruled against the HOME Act (California Senate Bill 9), which aimed to reduce housing costs by allowing more affordable homes on land previously zoned for single-family houses in Redondo Beach and its charter city, Cerritos. The court led that the Act does not support the California Constitution because it fails to effectively warrant affordable housing.
Senator Toni Atkins introduced the HOME Act in 2021 to expedite the division of residential lots through a streamlined approval process called "ministerial review." This process relies on clear, objective standards and aims to remove subjective judgments by officials, thereby simplifying project approvals.
However, objections from five cities—Whittier, Redondo Beach, Torrance, Carson, and Del Mar—challenged the Act, arguing it violated their local authority over land use and zoning. These cities, classified as "charter cities," possess greater autonomy in managing their local affairs.
The court supported the cities' argument, recognizing the importance of affordable housing statewide. However, they found that the HOME Act did not effectively guarantee this outcome. They emphasized that simplifying lot division processes does not automatically lead to the creation of affordable housing, particularly in wealthier cities.
This decision impacts over 120 charter cities in California including the City of Cerritos, limiting how effectively the state can implement the HOME Act. The implications of this ruling and whether the California Attorney General will appeal it remain uncertain, but it's closely viewed.
Understanding SB-450 and Its Impact on SB-9
In 2021, SB-9 was passed to abolish single-unit zoning in California, allowing property owners to divide lots and build duplexes. However, numerous local governments have put regulations in place that obstruct the effective implementation of SB-9, limiting the expected increase in housing availability.
SB-450 seeks to enhance SB-9 by clarifying its objectives and granting state agencies the power to enforce its rules. This new law prevents local governments from applying subjective criteria to SB-9 projects that differ from the existing zoning. Additionally, it requires that local authorities should respond to SB-9 applications within 60 days, or the application will be considered approved. SB-450 also stops local governments from rejecting lot split applications based on their environmental effects, allowing homeowners to proceed with their projects.
For those in Cerritos, SB-450 marks an important advancement in streamlining the process of constructing more housing units under SB-9.
SB-9 is not the only regulation that lets you add value to a property
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