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What means streamlined approval process for SB-9 projects in San Francisco
The Permit Streamlining Act, under California State Law State, requires the Planning Department to set clear requirements and time limits on the key phases of a project application review process including determining if an application is complete, analyzing and acting on proposed projects, and environmental review. A project submitted per SB-9, if it meets the requirements, could benefit from a Streamlined approval process.
What is Housing Development Streamlined Approval using Senate Bill 9?
Senate Bill 9 (SB-9) requires local entities to streamline the approval of certain housing projects by providing a ministerial approval process, removing the requirement for CEQA analysis, and removing the requirement for Conditional Use Authorization or other similar discretionary entitlements granted by the Planning Commission or Historic Preservation Commission. This is a voluntary program that a project sponsor may elect to pursue, provided that certain eligibility criteria are met.
A ministerial decision involves only the use of fixed standards or objective measurements, and the city cannot use personal, subjective judgment in deciding whether or how the project should be carried out. An SB-9 project is a project that proposes no more than two new units, or that proposes to add one new unit to one existing unit.
Permit Streamlining Act requires the Planning Department to review and determine the completeness of all the development project applications within 30 days of submission. Once determined complete, processing and deciding on the application can consume no more than 60 days for cases that do not require an environmental impact report. For those cases requiring environmental review that receive Negative Declarations of environmental impact, environmental review can take no more than 180 days.
Development options under SB-9
- Lot Split (40% and 60% split; min. 1,200 sqft either one)
- Duplex (two units)
- Lot Split and Duplex (split the lot and have two units on each one)
SB-9 Analysis provides referrals to professionals to help with the permitting process.
Is my project eligible for streamlined approval using SB-9?
The lot must be located in RH-1, RH-1(D), and RH-1(S) zoning districts. If there is an existing home on this lot, it must have been owner-occupied or vacant for the past three (3) years.
The remaining eligibility criteria, the Planning Department will review to confirm eligibility for the program within 30 days of submittal to the Planning Department.
Eligibility Criteria for all SB-9 Projects
To be eligible for SB-9 ministerial approval, a housing development project must meet the following requirements:
Zoning eligibility.
The parcel must be located in an RH-1, RH-1(D), or RH-1(S) zoning district. Check here to determine your parcel’s zoning.
Pre-application Occupancy.
The parcel must be owner-occupied or vacant for three (3) years prior to the application. A parcel is ineligible if it includes a housing unit occupied by tenants in the three (3) years prior to an application. Applicants will be required to provide proof of occupancy for three years prior to application, as described in the SB-9 project application forms.
Rental Pricing Controls.
Parcels are ineligible if they include existing units subject to local rent control regulations. The following are typically not subject to rental pricing controls: single-family homes, condominiums, ADUs permitted under the State program, and units built after 1979. Applicants will be required to provide the unit count and building construction date of any existing buildings to determine eligibility.
Ellis Act evictions.
Parcels are ineligible if they include a unit where the Ellis Act has been used in the fifteen (15) years before an SB-9 project application. To determine if a unit on the parcel has been subject to an Ellis Act eviction, consult with the San Francisco Rent Board.
Historic Resources.
Parcels are ineligible for SB-9 if located within a historic or landmark district under State law or if designated or listed as a landmark or historic property or district under local law (Planning Code Article 10 or 11).
Can I AirBnB or post on Booking the new units under SB-9?
Yes, only if you'll be renting them for more than 30 days at the time. The code prohibits Short-Term Rentals. SB-9 requires that the rental of any unit created under an SB-9 project be for a term longer than 30 days.
Check if your property is eligible for SB-9, as not all single-family zoned lots qualify.
Criteria for SB-9 Lot Split Projects
Original Parcel Size.
Only parcels 2,400 square feet and larger are eligible for a ministerial lot split. That means that you may still qualify but your proposed project needs to be reviewed by the planners.
Resulting Parcel Size.
An SB-9 lot split cannot result in a parcel more than 60% or less than 40% of the size of the original lot, and both newly created parcels must be at least 1,200 square feet.
Prior Lot Splits.
Any parcel established through the prior exercise of an urban lot split under SB-9 is not eligible. You may not use SB-9 to subdivide a parcel twice.
Adjacent Lot Splits.
Parcels where either the owner of the parcel or any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split under SB-9 are also not eligible.
Post-Project Owner Occupancy.
SB-9 lot split projects require the applicant to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approved lot split. This requirement does not apply if the applicant is a community land trust or a qualified nonprofit corporation.
Lot Split Easements.
Projects that include a lot split may require easements for utility connections and physical access, depending on the lot split configuration. Easements must meet all applicable fire and building safety code requirements.
How many lots are eligible for SB-9 in San Francisco?
We were wondering how many lots in San Francisco may meet this criteria. There are 75,000 parcels zoned for single families in San Francisco but only 32,700 lots would be eligible for SB-9. This is a rundown on how many lots in San Francisco are eligible for SB-9 after applying most of the above-mentioned criteria.
How do I apply?
Applicants may apply for a lot split only, duplex only, or lot split and duplex (combo).
- Apply for a Parcel Map for a Lot Split with San Francisco Public Works.
- Apply for the construction of a duplex with the Planning Department
- Project Application (PRJ) | San Francisco Planning
- SB-9 Supplemental Application | San Francisco Planning
- Plans that meet Plan Submittal Guidelines | San Francisco Planning
- Preliminary Housing Development (SB-330) | San Francisco Planning (optional)
- Apply for a building permit for the construction of the dwelling units to the Department of Building Inspection
Interdepartmental Project Review Meeting
For projects involving the lot split or lot split and duplex, an Interdepartmental Project Review meeting can be a great way to obtain initial feedback on your project. Representatives from the Fire Department, Department of Building Inspection, and Planning Department will all be on hand to answer any questions you may have. We recommend bringing a preliminary drawing that illustrates the proposed lot split, any easements if necessary, and the estimated location of the structures.
SB-9 Analysis calculates the maximum building area to help you get the highest return.
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