City of Del Mar
All You Need to Know About Building on Properties in Del Mar Under SB-9
Looking at SB-9 across different California cities clarifies why some places, such as Del Mar, have not implemented it. It explores the complex legal challenges and local dynamics contributing to SB-9's lack of activity or exclusion in these regions and assesses the impact on housing development and local administrative procedures
What is SB-9 and how does it apply to the properties in various cities in California?
What is SB-9?
Senate Bill 9, also referred to as SB-9 is a California law designed to alleviate housing shortages. It allows homeowners to divide single-family residential plots into two separate lots and construct up to two residences on each new lot, potentially increasing housing density by up to four units on a single original lot. The legislation simplifies the approval process by bypassing extensive environmental reviews and discretionary permits, provided that specific criteria such as lot size and zoning regulations are met.
Urban lot split vs Two-Dwelling Units under SB 9
Urban Lot Split
An urban lot split is the subdivision of a single piece of land into two different lots within zones designated for single-family residential use.
Two-Dwelling Units
A housing development comprising two residential units within a single lot designated for single-family residential zoning.
Why is SB 9 not applicable in Del Mar?
The HOME Act (California Senate Bill 9), intended to reduce housing costs by permitting more affordable homes on land previously zoned for single-family residences in Del Mar, was invalidated by the Superior Court of California. On April 22, 2024, the court determined that the Act does not comply with the California Constitution due to inadequate provisions for ensuring affordable housing.
Senator Toni Atkins announced the HOME Act in 2021 to streamline the division of residential lots through a simplified approval process known as "ministerial review," which uses clear, objective criteria and eliminates subjective judgments by officials to facilitate easier project approvals.
However, objections from five cities—Whittier, Redondo Beach, Torrance, Carson, and Del Mar—challenged the Act, arguing it infringed on their local authority regarding land use and zoning. These cities, classified as charter cities, have greater autonomy over local affairs.
The court sided with these cities, emphasizing that while statewide affordable housing is important, the HOME Act lacked adequate safeguards to ensure its effectiveness. The court noted that simplifying lot division procedures does not guarantee affordable housing, especially in wealthier cities.
This decision 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 ruling are closely monitored.
Understanding SB-450 and Its Impact on SB-9
SB-9 was introduced in 2021 to eliminate zoning restrictions that allowed only single-family homes in California, allowing property owners to split their lots and build duplexes. Despite this, many local authorities have implemented rules that hinder the effective use of SB-9, which limits the expected growth in housing options.
SB-450 aims to strengthen SB-9 by providing clearer guidelines and assigning state agencies to ensure compliance with its provisions. This legislation restricts local governments from imposing subjective standards on SB-9 projects that are inconsistent with existing zoning laws. It also requires that local authorities respond to SB-9 applications within 60 days; otherwise, the application will be automatically approved. Additionally, SB-450 prevents local governments from denying lot split applications based on their environmental impacts, allowing homeowners to move forward with their developments.
For residents of Del Mar, SB-450 represents a significant improvement in simplifying the process for building additional housing units under SB-9.
SB-9 is not the only regulation that lets you add value to a property.
Related Articles
ADU Solutions for Aging in Place in Del Mar
Everything You Need to Know About SB-684 Development in Del Mar
How to get your permits fast or the benefits of using SB-423 in Del Mar
How to Make My ADU a Profitable Investment in Del Mar?
What are the requirements to build ADU in Del Mar?
Resources