City of Lamesa
All You Need to Know About Building on Properties in La Mesa Under SB-9
Using SB-9 to enhance a property in La Mesa is a great way for homeowners to secure funds to pay down a large portion of their loan. Moreover, if you have the means to add more units, it can create rental income or offer housing for extended family members while you remain in the primary residence. To achieve a successful SB-9 project, it's crucial to understand the eligibility requirements, how the regulations impact your property, and which SB-9 option is financially advantageous for properties in La Mesa.
What is SB-9 and how does it apply to the properties in La Mesa City?
What is SB-9?
SB-9, or Senate Bill 9, is a law in California aimed at accelerating the approval process for specific housing projects. It requires that local authorities speed up these approvals through a simplified process, eliminating lengthy environmental reviews, conditional use permits, and extensive assessments from planning or historical commissions. Engaging in this project is voluntary and subject to certain eligibility standards.
How does SB-9 apply to properties in La Mesa?
SB-9 allows property owners in La Mesa to construct up to two residences on each lot designated for single-family homes. Additionally, this law simplifies the process for homeowners looking to split their lots, making it easier to develop additional housing. By dividing a lot, owners can either sell or finance new homes on the same property, thereby enhancing housing availability in urban areas such as La Mesa.
What can homeowners build under SB-9 or La Mesa’s HOME Act?
Urban Lot Split under SB-9
SB-9 allows property owners to divide a single-family lot into two smaller lots.
Under this option, you could have the following unit configurations:
Not sure if your property is located in a Single-family zoned area?
Two-Unit Residential under SB-9
A two-unit residential refers to having up to two main living units on a lot in areas intended for single-family homes.
Under this option, you could have the following unit configurations:
How large can each new unit be, and how many can you have per lot?
Under SB-9 in La Mesa, each new unit on a lot can be at least 800 square feet. However, California's SB 9 allows for more flexibility, with no specific size limits.
Each lot is allowed to have two units, which may include a primary unit along with an ADU and a JADU.
What are the setbacks?
New units need a minimum distance of 4 feet from both side and rear property lines. However, if there is an existing building on the property or if a new structure is built exactly where an old one was, no setbacks are needed.
What is the parking requirement under SB-9?
SB-9 requires one parking space for each dwelling unit. However, if a project is within a half mile of a major transit stop, a high-quality transit corridor, or one block of a car share, no parking spaces are needed.
What are the lot constraints under SB-9?
Any lot created through lot splits needs to be at least 1,200 square feet and no smaller than 40% of the original lot size. Additionally, owners cannot repeatedly split adjacent lots.
Development Analysis calculates the max size under SB-9 for the highest return.
Who and which properties are eligible for SB-9 or the HOME Act?
Which zoning designations are eligible for SB-9?
SB-9 applies to properties classified as single-family residential in La Mesa City.
Can you disregard the environmental restrictions on the lot?
No. La Mesa City’s SB-9 does not specifically mention environmental restrictions. However, California's SB-9 does not cover properties located in environmentally sensitive areas. These areas include wetlands, hazardous waste sites, conservation zones, and habitats for protected species. This is to protect these important ecological areas from potential harm caused by development.
Can you bypass the Historical Preservation limitations?
No. You cannot bypass restrictions if the parcel has a designated historic landmark, is listed in the State Historic Resources Inventory, or is located in a historic district. These rules aim to protect and preserve the cultural and historical value of these areas.
Is it allowed to demolish an affordable unit?
No. La Mesa’s SB-9 strictly prohibits the demolition of affordable housing units. Any unit classified as affordable, under-recorded agreements or laws that keep rents low for moderate, low, or very low-income families, cannot be altered or demolished.
Is it allowed to build in High-Risk Areas?
Building in high-risk areas is not explicitly prohibited in La Mesa City, but it is generally discouraged due to safety concerns. Properties in high fire hazard zones, earthquake fault zones, 100-year flood zones, or floodways usually have strict regulations to protect residents.
Additionally, California's SB-9 HOME Act requires compliance with specific rules set by local authorities. Ultimately, the local government decides whether construction in high-risk areas is allowed, based on the project's impact and its alignment with relevant laws.
What are the limitations after completing a project using SB-9?
Does the homeowner need to reside on the property?
Yes, for a specific time. Homeowners seeking a lot split need to provide an affidavit confirming they will live in one of the units as their main home for at least 3 years after the approval date.
What are the rental regulations?
To promote community stability, the regulations prevent short-term rentals, which are defined as leases lasting less than 30 days.
Are existing tenants’ rights protected?
Yes. The California HOME Act allows for the demolition of up to 25 percent of the current exterior walls to create two units, but only if the single-family home has not been vacant for the last three years. Additionally, properties that have had tenants evicted under the Ellis Act in the past fifteen years cannot qualify for this program, protecting current residents from displacement.
Can condominiums be proposed as part of my Urban Lot Split application?
No, condominiums cannot be included in your Urban Lot Split application. The law permits homeowners to divide a single-family lot into two and build up to two units on each, potentially resulting in a total of four units. Condominiums involve a different ownership structure, requiring traditional processes like filing fees and environmental reviews, unlike the streamlined method for Urban Lot Splits.
What is the difference between SB-9 and SB-684?
SB-684 is a more recent law allowing the development of up to 10 units on urban lots that are under 5 acres in size. Unlike SB-9, which mainly focuses on single-family residences, SB-684 applies to multi-family zoning and unoccupied lots in single-family neighborhoods. Furthermore, SB-684 does not impose the ownership restrictions present in SB-9.
Below we compared SB-9 and SB-684 for you to understand the development framework outlined by each bill.
How to get permits under SB-9 or the HOME Act?
Does SB-9 projects qualify for a ministerial approval process and what does it mean?
Yes, projects under SB-9 can take advantage of ministerial approval, which helps them meet certain requirements that expedite the development process. This method reduces administrative delays by avoiding lengthy environmental reviews and public hearings. However, it may still take up to 1.5 years to get approval for a lot split.
What are objective standards?
“Objective zoning standards," “objective subdivision standards," and “objective design review standards” include specific and measurable rules used to evaluate proposed developments. These can be zoning rules, subdivision guidelines, and design criteria that are clear and not open to interpretation. They are based on the zoning of the property and aim to ensure fairness, consistency, and predictability during development.
What types of objective standards qualify for a waiver under SB-9?
Under SB-9, waivers can be granted for zoning, subdivision, and design standards, provided they don’t prevent the construction of units smaller than 800 square feet. Setback requirements may also be waived for existing structures or new buildings in the same location.
What are the steps to get the permits?
1. Submission of Materials: The subdivider needs to provide the following to the director:
- A fee set by the city council.
- Copies of the urban lot split parcel map as directed.
- A grading plan for building sites or improvements.
- Certification from the county health department for lots without sewer access.
- Written consent from all parties with an ownership interest in the property.
2. Director's Authority: The director can:
- Set additional rules for processing urban lot split applications.
- Specify the format of the urban lot split parcel maps.
- Get recommendations from city engineers, building officials, and fire marshals.
- Decide the required improvements for the subdivision.
- Approve or deny urban lot split parcel maps.
- Extend the expiration date of parcel maps to certain limits.
- Certify each urban lot split parcel map according to regulations.
3. Denial of Application: An application may be denied if the building official finds that the proposed project could harm public health, safety, or the environment without reasonable solutions.
4. Compliance and Recordation: After the city approves the application, the property owner needs to record Covenants, Conditions, and Restrictions (CC&Rs) that ensure compliance with the rules and inform future owners about rental restrictions and the number of allowed dwelling units.
How fast can you complete a project per SB-9?
This information outlines the different phases of the project along with their respective durations.
Feasibility Study with deciding the final scope of the project:
- Maximum of 3 days using CityStructure Analysis
Secure Financing: 2 to 3 weeks
Hiring the Team: 2 weeks
Design Process:
- Schematic Design: 1-2 months
- Permit Set / Design Development Drawing Set: 2-3 months
- Construction Drawing Set: 2-3 months
Entitlements and Building Permits: 9 to 15 months with the possibility of extending further due to departmental backlogs
Construction:
- Lot Split only: 1 year
- Single Family House/Duplex: 1 year
- Accessory Dwelling Unit (ADU): 3 to 6 months
How much does an SB-9 project cost?
This analysis will examine two scenarios to evaluate expected expenses, property valuations, and potential profits for real estate projects.
Scenario 1
New 4,000 sq. ft 3-Story Duplex + 1,000 sq. ft ADU
For this first scenario, we propose building a 4,000-square-foot, three-story duplex with an additional 1,000-square-foot Accessory Dwelling Unit (ADU). The anticipated total expense for this development, including construction, permits, and professional fees (excluding land costs), amounts to $1,838,128. In La Mesa, the expected market value of this finished property is around $2,865,000. Thus, the calculated Return on Investment (ROI) for this SB-9 project is [($2,865,000 - $1,838,128)/$1,838,128]*100 = 56%
Scenario 2
Lot Split with 2 new 4,000 sq. ft 3-story Duplexes
In this scenario, we aim to divide a lot and build two new 4,000-square-foot, three-story duplexes. The estimated total investment for this project is $2,958,124, not including land acquisition expenses.
In La Mesa, the projected market value for these duplexes is $4,584,000, resulting in an ROI of 55%.
Conclusion:
SB-9 developments in La Mesa offer solid returns on investment, making it a promising area for real estate ventures, whether through lot splitting or new builds.
See how much it will cost you to improve your property per SB-9
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