City of Redondo beach

All You Need to Know About Building on Properties in Redondo Beach Under SB-9

Looking into SB-9 in California cities helps explain why it has not been applied in some places, like Redondo Beach. This overview covers the legal hurdles and local reasons behind SB-9’s pause or non-application in these areas. It also looks at how these decisions affect housing development and local management.

What is SB-9 and how does it apply to the properties in various cities in California?

What is SB-9?

SB-9, also known as Senate Bill 9, is California legislation aimed at addressing the housing shortage. It permits homeowners to divide single-family residential plots into two separate lots and build up to two residences on each new lot, potentially accommodating four housing units on one original lot. The bill streamlines the approval process by bypassing extensive environmental reviews and discretionary permits, provided certain eligibility criteria, like lot size and zoning regulations, are met.

Urban Lot Split vs Two-Dwelling Units under SB 9

Urban Lot Split

Urban lot splitting is when a single property is divided into two separate lots within zones designated for single-family homes.

Two-Dwelling Units

A two-dwelling unit involves the construction of two separate residential buildings on a single lot designated for single-family residential use.

Why is SB 9 not applicable in Redondo Beach?

Following the trial court case in the City of Redondo Beach et al. v. Bonta et al. (Los Angeles County Superior Court Case No. 22STCP01143), CityStructure reached out to Stacey Kinsella, the planner at the city of Redondo Beach to get more details about projects applying per SB-9. Here’s what she shared:

"The City of Redondo Beach is not currently processing requests for lot splits under SB 9.”

The Superior Court of California has canceled the HOME Act (California Senate Bill 9), a law meant to help reduce housing costs by allowing more affordable homes to be built on land previously zoned for single-family houses in the City of Redondo Beach. On April 22, 2024, the court decided that the Act doesn't align with the California Constitution because it doesn't effectively ensure affordable housing.

Senator Toni Atkins created the HOME Act, which was passed in 2021. The law aimed to speed up the division of residential lots by using a streamlined approval process called "ministerial review." This process relies on clear, objective standards and removes officials' judgment, making it easier to get projects approved.

However, five cities—Whittier, Redondo Beach, Torrance, Carson, and Del Mar—challenged the Act. They argued that it interfered with their local land use and zoning control. These cities have a special status as "charter cities," giving them more control over their local affairs.

The court agreed with the cities, saying that while affordable housing is important for the whole state, the HOME Act was not designed well enough to guarantee it. The court noted that just making it easier to divide lots doesn't mean that affordable housing will be built, especially in wealthier cities.

This ruling affects over 120 charter cities in California, limiting the state's ability to enforce the HOME Act. The impact of this decision and whether the California Attorney General will appeal it remains to be seen, but it will be closely watched.

Understanding SB-450 and Its Impact on SB-9

SB-9 was aimed to remove zoning restrictions that allowed only single-family homes in California, allowing homeowners to split their lots and build duplexes. However, many local authorities have imposed regulations that hinder the effective use of SB-9, limiting the anticipated increase in housing options.

SB-450 seeks to strengthen SB-9 by providing clearer guidelines and granting state agencies the authority to ensure compliance with its provisions. This legislation prevents local governments from applying subjective standards to SB-9 projects that conflict with existing zoning laws. Additionally, it requires local authorities to respond to SB-9 applications within 60 days; otherwise, the application will be automatically approved. Also, SB-450 prohibits local governments from denying lot split applications based on environmental influences, allowing homeowners to move forward with their developments.

For residents of Redondo Beach, SB-450 marks a significant improvement in simplifying the process for building additional housing units under SB-9.

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