SB 9: CA’s attempt to end single family zoning
Last week the governor of California signed SB9 which will go into effect in January of 2022. The new law requires California cities and counties to allow single family zoned properties to be split into two lots and to allow two units up to 800 square feet each on single family zoned properties effectively allowing for up to 4 units on a lot that might currently have one home. The are a number of caveats that come with the law, however so before you start making plans its worth studying up on whether the lot you are considering would qualify.
Major Criteria
Requirements “Must do’s”
The lot must be located within a Census designated urban area (for Santa Cruz County see the GIS map viewer here to locate your property – turn on the layer for “Census Urban Areas” under the Jurisdictional, Elections, and Census heading)
Sign an affidavit committing to living on the property as a principal place of residence for three years
The lot split must result in no less than 40% of the original lot being subdivided (or a 40/60 split) and no less than a 1,200 square foot parcel. (The second criteria may be changed by local code.)
Restrictions “Cannot’s”
Cannot require the alteration or demolition of affordable housing, rent controlled housing, housing that was withdrawn from rent within the last 15 years, or housing that has been occupied by a renter for three years prior.
Cannot demolish more than 25% of the exterior walls unless the local agency allows it or the unit has not been a rental property in the last three years.
Cannot be a historic property or a local landmark
Cannot be a short term rental (less than 30 days)
Cannot be a lot that was previously established through a lot split through SB 9
Cannot be a lot adjacent to a lot previously subdivided through SB 9 by the same owner or by someone acting in concert with the owner
Zoning Standards
4 foot or less setbacks
No separation requirements if the building code and safety standards are met
If there is an existing structure that does not meet setback requirements it can’t be required to become conforming and you can build within that same footprint and dimensions
Parking: only one space per unit required unless the property is within a ½ mile of high quality transit or one block of carshare and then no parking is required.
“Reliefs”
The local agency must approve the subdivision and two units ministerially using objective standards
The local agency cannot require dedications or offsite improvements
It extends the timeframe for tentative maps
California Environmental Quality Act (CEQA) does not apply, but the Coastal Act regulations still do though the requirement for a public hearing is waived.
What about ADUs?
The local agency is not required to allow ADUs on properties that use the provisions of SB 9. However, most do provided that you do not exceed 4 units between the two lots. These 4 units do not count junior ADUs. Here is a handy graphic from the County of Santa Clara to understanding what combination of units can be built.
