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Ministerial approval or fast permitting process for projects per SB-9 in San Francisco
Californian Law SB-9 lists certain development standards and requirements that allow for a local government create a ministerial approval process. In the case of a project going through a Ministerial review permitting process, the City agency may only deny an application under SB-9 if, based on clear evidence, that the housing development project has an adverse impact upon health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
Steps to get ministerial approved permits for a project under SB-9
Demolition of the Existing Structure.
Since SB-9 projects are processed ministerially, conditional use authorization for demolition under Planning Code Section 317 will not be required. The permit for the new units must be approved at the same time as the demolition permit for any existing structures on the property.
NO Neighborhood Notification.
Since SB-9 projects are processed ministerially, Neighborhood Notification under Planning Code Section 311 will not be required. The Department will not accept any requests for Discretionary Review for SB-9 projects.
CEQA Review.
Since SB-9 projects are processed ministerially, they are not subject to review under the California Environmental Quality Act (CEQA).
Check if your property is eligible for SB-9, as not all single-family zoned lots qualify.
Objective Standards.
SB-9 projects must comply with all objective requirements including zoning, subdivision, and design review standards that do not conflict with SB-9. The City cannot impose objective standards that would physically prevent the construction of up to two units or that would physically prevent either of the two units from being at least 800 square feet in floor area. In most cases, the allowable building envelope in a new structure should be able to accommodate two units of 800 square feet and meet objective Planning Code requirements including rear yard, open space, front setbacks, side setbacks, and exposure. SB-9 allows the City to require a setback of up to four feet from the side and rear lot lines. The San Francisco Residential Design Guidelines are not objective and will not be applied in the review of SB-9 projects.
Accessory Dwelling Units (ADUs).
ADUs allowed by State Law may be included in SB-9 projects, depending on the project scope and design and the proposed ADU type. More information on how to build an ADU in San Francisco is here.
Non-Conforming Conditions.
SB-9 prohibits the correction of nonconforming zoning conditions as a condition for ministerial approval of a lot split.
SB-9 is very exciting for homeowners and home buyers but not all the single-family lots are eligible. So first, you need to check if the property is eligible for SB-9.
Homeowners start with a Feasibility Study
Feasibility studies help you figure out if a project SB9 is the right thing to do to reach your goals. This is what you need to do before paying a lot of money and wasting time:
- Check if your property is located in one of the qualified zones.
- Understand the type of development you could build on your property considering your lot size and the existing building(s). Being allowed to build per zoning and having enough room to add building area on your lot, are two different things. This needs to be calculated.
- Choose the location of the new building(s) for each development option;
- Check if the calculated size of the new building(s) is enough for you to:
- get the ROI from renting or selling it
- host family and friends
- afford to build
- give you the market value to cover the construction costs
You can do all these things on your own or get it right away with your Development Analysis.
Once you have all these figured out, it's time to look for a team to help you complete the project. Going through these 5 Steps before deciding to move on with your project will help you have a focused conversation with an architect, contractor, and with your lender. Choosing a realistic path will make you and your team have a positive experience going through this project.
SB-9 Analysis provides referrals to professionals to help with the permitting process.
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