City of Whittier
All You Need to Know About Building on Properties in Whittier Under SB-9
Looking at how SB-9 is applied in different California cities helps explain why some places, like Whittier, have not adopted it. This review highlights the local challenges and issues that have prevented SB-9 from being implemented and examines its effects on housing development and local government.
What is SB-9 and how does it apply to the properties in various cities in California?
What is SB-9?
SB-9, or Senate Bill 9, is a California law designed to solve housing insufficiency. It allows homeowners to split the single-family residential property into two separate lots and construct up to two residences on each new lot, potentially facilitating four housing units on a single original lot. The legislation simplifies the approval process by bypassing lengthy environmental assessments and discretionary permits, under specific conditions such as lot dimensions and zoning regulations.
Urban Lot Split vs Two-Unit Development under SB 9
Urban Lot Split
An urban lot split is the partitioning of a single lot into two different lots within a zone designated for single-family residential purposes.
Two-Unit Development
A two-unit development is a housing project that consists of two residential units within a single lot intended for single-family residential zoning.
Why is SB 9 not applicable in Whittier?
The Superior Court of California invalidated the HOME Act (California Senate Bill 9), which aimed to lower housing costs by allowing more affordable homes on land previously zoned for single-family residences in Whittier. On April 22, 2024, the court ruled that the Act failed to conform to the California Constitution due to its inadequate provisions for ensuring affordable housing.
Senator Toni Atkins introduced the HOME Act, enacted in 2021, to expedite the division of residential lots through a streamlined approval process known as "ministerial review." This process relies on clear, objective criteria and eliminates subjective judgment by officials, facilitating easier project approvals.
However, objections from five cities—Whittier, Redondo Beach, Torrance, Carson, and Del Mar—challenged the Act, arguing it overstepped upon their local authority over land use and zoning. These cities, classified as charter cities, possess greater autonomy over local affairs.
The court sided with these cities, emphasizing that while statewide affordable housing is crucial, the HOME Act lacked sufficient safeguards to ensure its delivery. The court highlighted that simply easing lot division procedures does not guarantee affordable housing will materialize, particularly in wealthier cities.
These rulings impact more than 120 charter cities in California, constraining the state's ability to enforce the HOME Act. The potential for appeal by the California Attorney General and the broader implications of this decision are subjects of keen interest.
Understanding SB-450 and Its Impact on SB-9
SB-9 was established to reform zoning regulations in California, allowing property owners to split their single-family lots and construct duplexes. However, numerous local authorities have implemented rules that restrict the effective application of SB-9, therefore limiting the anticipated expansion of housing options.
SB-450 seeks to enhance SB-9 by clarifying its regulations and granting state agencies the authority to ensure compliance. This new law prevents local governments from enforcing subjective criteria on SB-9 projects that are inconsistent with current zoning regulations. Furthermore, it requires that local authorities should address SB-9 applications within a 60-day timeframe; if they fail to do so, the application will be deemed approved automatically. Additionally, SB-450 denies local governments from rejecting lot split requests based on environmental considerations, allowing homeowners to succeed with their projects.
For residents of Whittier, SB-450 marks a significant improvement in simplifying the process of adding more housing units under SB-9.
SB-9 is not the only regulation that lets you add value to a property.
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